Common use of Clause 12 Clause in Contracts

Clause 12. 3.1 shall not apply: (a) with respect to any Tax assessed on the Lender: (i) under the law of the jurisdiction in which the Lender is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Lender is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which the Facility Office is located in respect of amounts received or receivable in that jurisdiction, if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by the Lender; or (b) to the extent a loss, liability or cost: (i) is compensated for by an increased payment under Clause 12.2 (Tax gross-up); (ii) would have been compensated for by an increased payment under Clause 12.2 (Tax gross-up) but was not so compensated solely because one of the exclusions in Clause 12.2.4 (Tax gross-up) applied; or (iii) relates to a FATCA Deduction required to be made by a Party.

Clause 12. 3.1 above shall not apply: (a) with respect to any Tax assessed on the Lendera Finance Party: (i) under the law of the jurisdiction in which the Lender that Finance Party is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Lender that Finance Party is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which the that Finance Party's Facility Office is located in respect of amounts received or receivable in that jurisdiction, ; if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by the Lenderthat Finance Party; or (b) to the extent a loss, liability or cost: (i) is compensated for by an increased payment under Clause clause 12.2 (Tax gross-up);; or (ii) would have been compensated for by an increased payment under Clause clause 12.2 (Tax gross-up) but was not so compensated solely because one of the exclusions in Clause clause 12.2.4 (Tax gross-up) applied; or. (iiic) relates A Protected Party making, or intending to make a FATCA Deduction required claim under clause 12.3.1 above shall promptly notify the Agent of the event which will give, or has given, rise to be made by the claim, following which the Agent shall notify the Borrowers. (d) A Protected Party shall, on receiving a Partypayment from a Borrower under this clause 12.3 (Tax indemnity), notify the Agent.

Clause 12. 3.1 shall not apply: (a) with respect to any Tax assessed on the Lender: (i) under the law of the jurisdiction in which the Lender is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Lender is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which the Lender’s Facility Office is located located, in respect of amounts received or receivable in that jurisdiction, ; if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by the Lender; or (b) to the extent a loss, liability or cost: (i) is compensated for by an increased payment under Clause 12.2 (Tax gross-up);; or (ii) would have been compensated for by an increased payment under Clause 12.2 (Tax gross-up) but was not so compensated for solely because one of the exclusions in Clause 12.2.4 (Tax gross-up) 12.2.3 applied; or (iii) relates to a FATCA Deduction required to be made by a Party.