Additional Withholding Taxes. If, as a result of any change in the corporate status or location of Shire, or the permitted assignment of this Agreement by Shire, additional Withholding Taxes become due on payments from Shire or its permitted assignee to New River that would not have been due absent such change in corporate status or location or permitted assignment, and New River is not able to claim a credit or reimbursement for such tax, in whole or in part, then Shire will deduct Withholding Taxes in accordance with this Section 8.5, but will, in addition to the sums otherwise payable under this Agreement, pay to New River such further sum as will ensure that, after deduction of Withholding Taxes on all such sums, the net amount received by New River equals the amount that New River would have received had the non-creditable or non-reimbursable excess portion of such additional Withholding Taxes not been deducted. To the extent that any such amount paid by Shire to New River in accordance with this Section 8.5 is in fact subsequently able to be claimed by New River as a credit or reimbursement for such tax otherwise deducted, then New River will repay such amount to Shire.
Additional Withholding Taxes. If, as a result of any change in the corporate status or location of Aptalis, or the permitted assignment of this Agreement by Aptalis, in each case where Strakan’s prior consent has not been sought and obtained, additional Withholding Taxes become due on payments from Aptalis or its permitted assignee to Strakan that would not have been due, solely as a result of the difference in tax treatment of the changed corporate status or under applicable Law of or treaty with the taxing jurisdiction of the changed location, as compared to the United States absent such change in corporate status or location or permitted assignment where Strakan’s prior consent has not been sought and obtained, and Strakan is permanently unable to claim a credit or reimbursement for such tax, in whole or in part, then Aptalis will deduct Withholding Taxes in accordance with this Section 8.5, but will, in addition to the sums otherwise payable under this Agreement, pay to Strakan such further sum as will ensure that, after deduction of Withholding Taxes on all such sums, the net amount received by Strakan equals the amount that Strakan would have received had the non-creditable or non-reimbursable excess portion of such additional Withholding Taxes not been deducted.
Additional Withholding Taxes. If, as a result of any change in the corporate status or location of Payor, or the permitted assignment of this Agreement by Payor, additional Withholding Taxes become due on payments from Payor or its permitted assignee to Payee that would not have been due absent such change in corporate status or location or permitted assignment, and Payee is not able to claim a credit or reimbursement for such tax, in whole or in part, then Payor will deduct Withholding Taxes in accordance with this Section 7.9, but will, in addition to the sums otherwise payable under this Agreement, pay to Payee such further sum as will ensure that, after deduction of Withholding Taxes on all such sums, the net amount received by Payee equals the amount that Payee would have received had the non-creditable or non-reimbursable amount of such additional Withholding Taxes not been deducted. To the extent that any such amount paid by Payor to Payee in accordance with this Section 7.9 is in fact subsequently able to be claimed by Payee as a credit or reimbursement for such tax otherwise deducted, then Payee will pay such amount to Payor.
Additional Withholding Taxes. If, as a result of any change in the corporate status or location of Serono, or the permitted assignment of this Agreement by Serono, additional Withholding Taxes become due on payments from Serono or its permitted assignee to Micromet that would not have been due absent such change in corporate status or location or permitted assignment, and Micromet is not able to claim a credit or reimbursement for such tax, in whole or in part, then Serono will deduct Withholding Taxes in accordance with this Section 8.5, but will, in addition to the sums otherwise payable under this Agreement, pay to Micromet such further sum as will ensure that, after deduction of Withholding Taxes on all such sums, the net amount received by Micromet equals the amount that Micromet would have received had the non-creditable or non-reimbursable amount of such additional Withholding Taxes not been deducted. To the extent that any such amount paid by Serono to Micromet in accordance with this Section 8.5 is in fact subsequently able to be claimed by Micromet as a credit or reimbursement for such tax otherwise deducted, then Micromet will pay such amount to Serono.
Additional Withholding Taxes. If, as a result of any change in the corporate status or location of IFF, or the permitted assignment of this Agreement by IFF, additional withholding taxes become due on payments from IFF or its permitted assignee to Redpoint that would not have been due absent such change in corporate status or location or permitted assignment, then IFF will deduct withholding taxes in accordance with this Section 6.3, but will, in addition to the sums otherwise payable under this Agreement, pay to Redpoint such further sum as will ensure that, after deduction of withholding taxes on all such sums, the net amount received by Redpoint equals the amount that Redpoint would have received had such additional withholding taxes not been deducted.
