After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 43 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
After-Tax Basis. Indemnification under Section Sections 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 27 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 26 contracts
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Amendment No. 10 (Ares Capital Corp), Loan and Servicing Agreement (MSD Investment Corp.)
After-Tax Basis. Indemnification under Section 11.1 Sections 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 19 contracts
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (AG Twin Brook Capital Income Fund)
After-Tax Basis. Indemnification under Section 11.1 9.01 and Section 11.2 9.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 16 contracts
Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Ninth Amendment to the Loan and Servicing Agreement (SLR Senior Investment Corp.)
After-Tax Basis. Indemnification under Section 11.1 Sections 10.1 and Section 11.2 10.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 13 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party).
Appears in 10 contracts
Samples: Loan Financing and Servicing Agreement (TriplePoint Venture Growth BDC Corp.), Loan Financing and Servicing Agreement (Stellus Private Credit BDC), Loan Financing and Servicing Agreement (Silver Point Specialty Lending Fund)
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party), but subject to Section 4.3.
Appears in 7 contracts
Samples: Loan Financing and Servicing Agreement (Capital Southwest Corp), Amendment No. 6 (HMS Income Fund, Inc.), Amendment No. 5 (HMS Income Fund, Inc.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Indemnified Party.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (D & K Healthcare Resources Inc)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 8.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Security Agreement (FS Investment CORP), Loan and Security Agreement (FS Investment Corp III)
After-Tax Basis. Indemnification under Section 11.1 Sections 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 5 contracts
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc), Master Repurchase Agreement (Municipal Mortgage & Equity LLC), Master Repurchase Agreement (Northstar Realty)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to Tax imposed on the Indemnified Party of resulting from the receipt of the indemnity provided hereunder, including including, without limitation, the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)
After-Tax Basis. Indemnification under Section 11.1 10.1 and Section 11.2 10.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)
After-Tax Basis. Indemnification under Section 11.1 Sections 11.1, 11.2 and Section 11.2 11.3 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 Sections 7.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 8.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax or refund payment on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (FS Energy & Power Fund)
After-Tax Basis. Indemnification under Section 11.1 9.01 and Section 11.2 9.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.. 154 DMSLIBRARY01\32370595.v1
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of -120- the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party).
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (BlackRock TCP Capital Corp.)
