Common use of Reimbursement of Payment and No Right of Set-off Clause in Contracts

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.

Appears in 2 contracts

Sources: Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)

Reimbursement of Payment and No Right of Set-off. Each Holder of Securities any Securities, by acceptance of subscribing for, purchasing or otherwise acquiring such Security Securities, shall thereby agree that (i) if any payment on such Security is made to such Holder its Securities with respect to a payment obligation that did not become due and payable prior to on or before the date of 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) shall also thereby agree that any liabilities of the Company to such Holder in respect of the Securities which was were subject to the a Write-Down and Cancellation as provided in Article 13 shall not be set off against any liabilities of such Holder owed to the Company.

Appears in 2 contracts

Sources: Subordinated Indenture (Nomura Holdings Inc), Subordinated Indenture (Nomura Holdings Inc)

Reimbursement of Payment and No Right of Set-off. Each Holder of Securities any Securities, by acceptance of subscribing for, purchasing or otherwise acquiring such Security Securities, shall thereby agree that (i) if any payment on such Security is made to such Holder its Securities with respect to a payment obligation that did not become due and payable prior was subject to the occurrence of a NonGoing Concern Write-Viability Event or Bankruptcy Event, Down as the case may bedescribed in this Article, then the payment of such amount shall be deemed null and void void, and such the Holder or the Trustee or the 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 payment, and (ii) shall also thereby agree that any liabilities of the Company to such Holder in respect of the Securities which was were subject to the a Going Concern Write-Down and Cancellation as provided described in this Article 13 shall not be set off against any liabilities of such Holder owed to the Company.

Appears in 2 contracts

Sources: Perpetual Subordinated Indenture (Nomura Holdings Inc), Perpetual Subordinated Indenture (Nomura Holdings Inc)

Reimbursement of Payment and No Right of Set-off. Each Holder of Securities any Securities, by acceptance of subscribing for, purchasing or otherwise acquiring such Security Securities, shall thereby agree that (i) if any payment on such Security is made to such Holder its Securities with respect to a payment obligation that did not become due and payable prior to on or before the date of 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) shall also thereby agree that any liabilities of the Company to such Holder in respect of the Securities which was were subject to the a Write-Down and Cancellation as provided in Article 13 shall not be set off against any liabilities of such Holder owed to the Company.

Appears in 2 contracts

Sources: Perpetual Subordinated Indenture (Nomura Holdings Inc), Perpetual Subordinated Indenture (Nomura Holdings Inc)

Reimbursement of Payment and No Right of Set-off. Each Holder of Securities by acceptance of such Security Securities 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 Non-Viability Write-Down and Cancellation as provided in Article 13 shall not be set off against any liabilities of such Holder owed to the Company.

Appears in 1 contract

Sources: Fixed Term Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)