Clause 8. 12.1 above shall not apply: (a) with respect to any Tax assessed on a Finance Party: (i) under the law of the jurisdiction in which that Finance Party is incorporated or, if different, the jurisdiction (or jurisdictions) in which that Finance Party is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which 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 that Finance Party; (b) to the extent a loss, liability or cost is compensated for by an increased payment under Clause 17.3; or (c) to the extent a loss, liability or cost relates to a FATCA Deduction required to be made by a Party.
Appears in 3 contracts
Samples: Secured Term Loan Facility Agreement (Teekay Tankers Ltd.), Secured Term Loan Facility Agreement (Teekay LNG Partners L.P.), Senior Secured Revolving Credit Facility Agreement (Teekay Offshore Partners L.P.)
Clause 8. 12.1 11.1 above shall not apply:
(a) with respect to any Tax assessed on a Finance Party:
(i) under the law of the jurisdiction in which that Finance Party is incorporated or, if different, the jurisdiction (or jurisdictions) in which that Finance Party is treated as resident for tax purposes; or
(ii) under the law of the jurisdiction in which 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 that Finance Party;
(b) to the extent a loss, liability or cost is compensated for by an increased payment under Clause 17.3; or
(c) to the extent a loss, liability or cost relates to a FATCA Deduction required to be made by a Party.
Appears in 2 contracts
Samples: Secured Loan Agreement (Teekay LNG Partners L.P.), Secured Loan Agreement (Teekay LNG Partners L.P.)
Clause 8. 12.1 above shall not apply:
: (a) with respect to any Tax assessed on a Finance Party:
: (i) under the law of the jurisdiction in which that Finance Party is incorporated or, if different, the jurisdiction (or jurisdictions) in which that Finance Party is treated as resident for tax purposes; or
or (ii) under the law of the jurisdiction in which that Finance Party’s '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 that Finance Party;
; (b) to the extent a loss, liability or cost is compensated for by an increased payment under Clause 17.3; or
or (c) to the extent a loss, liability or cost relates to a FATCA Deduction required to be made by a Party.
Appears in 1 contract
Samples: Secured Revolving Credit Facility Agreement (Teekay Corp)
