Common use of Claw-back of Tax benefit Clause in Contracts

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in Clause 5.3 (Gross-up) from any payment by the Borrower, the Lender shall receive or be granted a credit against or remission for any Taxes payable by it, the Lender shall, subject to the Borrower having made any increased payment in accordance with Clause 5.3 (Gross-up) and to the extent that the Lender can do so without prejudicing its retention of the amount of such credit or remission and without prejudice to the right of the Lender to obtain any other relief or allowance which may be available to it, reimburse the Borrower with such amount as the Lender shall in its absolute discretion certify to be the proportion of such credit or remission as will leave the Lender (after such reimbursement) in no worse position than it would have been in had there been no such deduction or withholding from the payment by the Borrower. Such reimbursement shall be made forthwith upon the Lender certifying that the amount of the credit or remission has been received by it, provided, always, that:

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in Clause 5.3 clause 6.7 (GrossGrossing-upup for Taxes) from any payment by the Borrower, the Lender any Creditor shall receive or be granted a credit against or remission for any Taxes payable by it, the Lender that Creditor shall, subject to the Borrower having made any increased payment in accordance with Clause 5.3 clause 6.7 (GrossGrossing-upup for Taxes) and to the extent that the Lender relevant Creditor can do so without prejudicing its the retention of the amount of such credit or remission and without prejudice to the right of the Lender any Creditor to obtain any other relief or allowance which may be available to it, reimburse the Borrower with such amount as the Lender that Creditor shall in its absolute discretion certify to be the proportion of such credit or remission as will leave the Lender it (after such reimbursement) in no worse position than it would have been in had there been no such deduction or withholding from the payment by the BorrowerBorrower as aforesaid. Such reimbursement shall be made forthwith upon the Lender relevant Creditor certifying that the amount of the such credit or remission has been received by it. Nothing contained in this Agreement shall oblige any Creditor to rearrange its tax affairs or to disclose any information regarding its tax affairs and computations. Without prejudice to the generality of the foregoing, providedthe Borrower shall not, alwaysby virtue of this clause 6.11, that:be entitled to enquire about any Creditor’s tax affairs.

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in Clause 5.3 (Gross-up) clause 6.6 from any payment by the Borrower, the Lender shall receive or be granted a credit against or remission for any Taxes payable by it, the Lender shall, subject to the Borrower having made any increased payment in accordance with Clause 5.3 (Gross-up) and to the extent that the Lender it can do so without prejudicing its the retention of the amount of such credit or remission and without prejudice to the right of the Lender to obtain any other relief or allowance which may be available to it, reimburse the Borrower with such amount as the Lender shall in its absolute discretion certify to be the proportion of such credit or remission as will leave the Lender (after such reimbursement) in no worse position than it would have been in had there been no such deduction or withholding from the payment by the BorrowerBorrower as aforesaid. Such reimbursement shall be made forthwith upon the Lender certifying that the amount of the such credit or remission has been received by it. Nothing contained in this Agreement shall oblige the Lender to rearrange its tax affairs or to disclose any information regarding its tax affairs and computations. Without prejudice to the generality of the foregoing, providedthe Borrower shall not, alwaysby virtue of this clause 6.7, that:be entitled to enquire about the Lender’s tax affairs.

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in Clause 5.3 (Gross-up) from clause 6.7 or any payment by the BorrowerTax referred to in clause 6.8, the Lender relevant Facility Beneficiary shall receive or be granted a credit against or remission for any Taxes payable by it, the Lender that Facility Beneficiary shall, subject to the Borrower having made any paid the relevant increased payment or additional amount in accordance with Clause 5.3 (Gross-up) clause 6.7 or clause 6.8 and to the extent that the Lender that Facility Beneficiary can do so without prejudicing its the retention of the amount of such that credit or remission and without prejudice to the right rights of the Lender that Facility Beneficiary to obtain any other relief or allowance which may be available to it, reimburse to the Borrower with such amount as the Lender that Facility Beneficiary shall in its absolute discretion certify to be the proportion of such that credit or remission as will leave the Lender that Facility Beneficiary (after such that reimbursement) in no worse position than it would have been in had there been no such deduction or withholding from or Taxation. Nothing contained in this Agreement shall oblige any Facility Beneficiary to rearrange its tax affairs or to disclose any information regarding its tax affairs and computations. Without prejudice to the payment by the Borrower. Such reimbursement shall be made forthwith upon the Lender certifying that the amount generality of the credit or remission has been received foregoing, the Borrower shall not, by itvirtue of this clause 6.9, provided, always, that:be entitled to enquire about the tax affairs of any Facility Beneficiary.

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in Clause 5.3 (Gross-up) from any payment by the BorrowerBorrowers, the Lender shall receive or be granted a credit against or remission for any Taxes payable by it, the Lender shall, subject to the Borrower Borrowers having made any increased payment in accordance with Clause 5.3 (Gross-up) and to the extent that the Lender can do so without prejudicing its retention of the amount of such credit or remission and without prejudice to the right of the Lender to obtain any other relief or allowance which may be available to it, reimburse the Borrower Borrowers with such amount as the Lender shall in its absolute discretion certify to be the proportion of such credit or remission as will leave the Lender (after such reimbursement) in no worse position than it would have been in had there been no such deduction or withholding from the payment by the BorrowerBorrowers. Such reimbursement shall be made forthwith upon the Lender certifying that the amount of the credit or remission has been received by it, provided, always, that: