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

Claw-back of Tax benefit. prejudice to the right of such Finance Party to obtain any other relief or allowance which may be available to it, reimburse the relevant Borrower with such amount as such Finance Party shall in its absolute discretion certify to be the proportion of such credit or remission as will leave such Finance Party (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 relevant Borrower as aforesaid. Such reimbursement shall be made forthwith upon such Finance Party certifying that the amount of such credit or remission has been received by it, provided that the Finance Party shall be the sole judge of the amount of any such benefit and of the date on which it was received. Nothing contained in this Agreement shall interfere with the right of any Finance Party to arrange its tax affairs in whatever manner it thinks fit nor oblige any Finance Party to disclose any information regarding its tax affairs and computations. Without prejudice to the generality of the foregoing, no Borrower shall, by virtue of this clause 8.7, be entitled to enquire about any Finance Party's tax affairs or computations. The Finance Parties are under no obligation to investigate whether any tax credit is available or to claim any tax credit. Any amount paid by any Finance Party to a Borrower under this clause shall be conclusive evidence of the amount payable and will be accepted by the Borrower in full and final settlement of its claim.

Claw-back of Tax benefit. If following any such deduction or withholding as is referred to in clause 9.5 any Finance Party shall receive or be granted a credit against or remission for any Taxes payable by it, such Finance Party shall, subject to the relevant Obligor having made any increased payment in accordance with clause 9.5 and to the extent that such Finance Party can in its absolute discretion acting in good faith do so without prejudicing the retention of the amount of such credit or remission and without prejudice to the right of such Finance Party to obtain any other relief or allowance which may be available to it, reimburse the relevant Borrower Obligor with such amount as such Finance Party shall in its absolute discretion acting in good faith certify to be the proportion of such credit or remission as will leave such Finance Party (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 relevant Borrower Obligor as aforesaid. Such reimbursement shall be made forthwith upon such Finance Party certifying that the amount of such credit or remission has been received by it, provided that the Finance Party shall be the sole judge of the amount of any such benefit and of the date on which it was received. Nothing contained in this Agreement shall interfere with the right of oblige any Finance Party to arrange rearrange its tax affairs in whatever manner it thinks fit nor oblige any Finance Party or to disclose any information regarding its tax affairs and computations. Without prejudice to the generality of the foregoing, no Borrower shallthe Obligors shall not, by virtue of this clause 8.79.7, be entitled to enquire about any Finance Party's tax affairs or computations. The Finance Parties are under no obligation to investigate whether any tax credit is available or to claim any tax credit. Any amount paid by any Finance Party to a Borrower under this clause shall be conclusive evidence of the amount payable and will be accepted by the Borrower in full and final settlement of its claimaffairs.

Claw-back of Tax benefit. If, following any such deduction or withholding as is referred to in clause 8.9 from any payment by a Borrower, any Lender shall receive or be granted a credit against or remission for any Taxes payable by it, the relevant Lender shall, subject to such Borrower having made any increased payment in accordance with clause 8.9 and to the extent that the relevant Lender can do so without prejudicing the retention of the amount of such credit or remission and without prejudice to the right of such Finance Party the relevant Lender to obtain any other relief or allowance which may be available to it, reimburse the relevant Borrower with such amount as such Finance Party the relevant Lender shall in good faith in its absolute discretion certify to be the proportion of such credit or remission as will leave such Finance Party the relevant Lender (after such reimbursement) in no better or worse position than it would have been in had there been no such deduction or withholding from the payment by the relevant that Borrower as aforesaid. Such reimbursement shall be made forthwith upon such Finance Party the relevant Lender certifying that the amount of such credit or remission has been received by it, provided that the Finance Party shall be the sole judge of the amount of any such benefit and of the date on which it was received. Nothing contained in this Agreement shall interfere with oblige the right of any Finance Party relevant Lender to arrange rearrange its tax affairs in whatever manner it thinks fit nor oblige any Finance Party or to disclose any information regarding its tax affairs and computations. Without prejudice to the generality of the foregoing, no neither Borrower shall, by virtue of this clause 8.78.10, be entitled to enquire about any Finance Partythe relevant Lender's tax affairs or computations. The Finance Parties are under no obligation to investigate whether any tax credit is available or to claim any tax credit. Any amount paid by any Finance Party to a Borrower under this clause shall be conclusive evidence of the amount payable and will be accepted by the Borrower in full and final settlement of its claimaffairs.