Common use of Certain Withholding Clause in Contracts

Certain Withholding. If the Indenture Trustee or Pass Through Trustee fails to withhold any Tax required to be withheld with respect to any payment to a Lender Tax Indemnitee or any claim is otherwise asserted by a taxing authority against the Equity Tax Indemnitee for or on account of any amount required to be withheld from any payment to a Lender Tax Indemnitee or Certificateholder, then the Lessee will indemnify such Equity Tax Indemnitee (without regard to any exclusions in Section 7.1(c) hereof) on an After-Tax Basis against any Taxes required to be withheld and any interest, penalties, and additions to tax with respect thereto, along with other costs (including attorneys' fees) incurred in connection with such claim. The Indenture Trustee or the Pass Through Trustee, as the case may be, in its individual capacity (and without recourse to the Indenture Estate, the Trust Estate or the Lessee) shall indemnify the Lessee on an After-Tax Basis for any payment the Lessee shall have made pursuant to the preceding sentence.

Certain Withholding. If the Indenture Trustee or Pass Through Trustee fails to withhold any Tax required to be withheld with respect to any payment to a Lender Tax 67 Indemnitee or any claim is otherwise asserted by a taxing authority against the Equity Tax Indemnitee for or on account of any amount required to be withheld from any payment to a Lender Tax Indemnitee or Certificateholder, then the Lessee will indemnify such Equity Tax Indemnitee (without regard to any exclusions in Section 7.1(c) hereof) on an After-Tax Basis against any Taxes required to be withheld and any interest, penalties, and additions to tax with respect thereto, along with other costs (including attorneys' fees) incurred in connection with such claim. The Indenture Trustee or the Pass Through Trustee, as the case may be, in its individual capacity (and without recourse to the Indenture Estate, the Trust Estate or the Lessee) shall indemnify the Lessee on an After-Tax Basis for any payment the Lessee shall have made pursuant to the preceding sentence.

Certain Withholding. If the Indenture Trustee or Pass Through Trustee fails to withhold any Tax required to be withheld with respect to any payment to a Lender Tax Indemnitee or any claim is otherwise asserted by a taxing authority against the Equity Tax Indemnitee for or on account of any amount required to be withheld from any payment to a Lender Tax Indemnitee or Certificateholder, then the Lessee will indemnify such Equity Tax Indemnitee (without regard to any exclusions in Section 7.1(c) hereof) on an After-Tax Basis 68 against any Taxes required to be withheld and any interest, penalties, and additions to tax with respect thereto, along with other costs (including attorneys' fees) incurred in connection with such claim. The Indenture Trustee or the Pass Through Trustee, as the case may be, in its individual capacity (and without recourse to the Indenture Estate, the Trust Estate or the Lessee) shall indemnify the Lessee on an After-Tax Basis for any payment the Lessee shall have made pursuant to the preceding sentence.