Reimbursement of Payment and No Right of Set-off Clause Samples
The "Reimbursement of Payment and No Right of Set-off" clause establishes that one party must repay certain amounts to the other and cannot withhold or reduce payments by offsetting them against other claims or debts. In practice, this means if a party is required to reimburse expenses or return funds, they must do so in full, regardless of any disputes or counterclaims they may have. This clause ensures that payment obligations are met promptly and in full, preventing parties from delaying or reducing payments by asserting unrelated claims, thereby promoting financial clarity and reducing the risk of payment disputes.
Reimbursement of Payment and No Right of Set-off. Each Holder of Securities by acceptance of such Security shall thereby agree that (i) if any payment on such Security is made to such Holder with respect to a payment obligation that did not become due and payable prior to the occurrence of a Non-Viability Event or Bankruptcy Event, as the case may be, then the payment of such amount shall be deemed null and void and such Holder or the Trustee or Paying Agent (to the extent it has not paid such amount to any Holder) (as the case may be) shall be obliged to return the amount of such payment within ten days after receiving notice of such null and void payment and (ii) any liabilities of the Company to such Holder in respect of the Securities which was subject to the Write-Down and Cancellation as provided in Article 13 shall not be set off against any liabilities of such Holder owed to the Company.
Reimbursement of Payment and No Right of Set-off. Each Holder of Securities by acceptance of such Security shall thereby agree that (i) if any payment on such Security is made to such Holder with respect to a payment obligation that did not become due and payable prior to the occurrence of a Non-Viability Event or Bankruptcy Event, as the case may be, then the payment of such amount shall be deemed null and void and such Holder or the Trustee or Paying Agent (to the extent it has not paid such amount to any Holder) (as the case may be) shall be obliged to return the amount of such payment within ten days after receiving notice of such null and void payment and (ii) any liabilities of the Company to such Holder in respect of the Securities which was subject to the Write-Down and Cancellation as provided in Article 13 shall not be set off against any liabilities of such Holder owed to the Company.