Common use of Conduit Financing Clause in Contracts

Conduit Financing. Notwithstanding anything to the contrary contained in this Section 2.4.4, if a Bank is a conduit entity participating in a conduit financing arrangement (as defined in Section 7701(l) of the Code and the Treasury Regulations issued thereunder) with respect to any payments made by Borrower under this Agreement and under any Credit Document, Borrower shall not be obligated to pay additional amounts to such Bank pursuant to this Section 2.4.4 to the extent that the amount of taxes in the United States exceeds the amount that would have otherwise been payable were such Bank not a conduit entity participating in a conduit financing arrangement.

Appears in 2 contracts

Samples: Escrow Agreement (Ormat Technologies, Inc.), Credit Agreement (Ormat Technologies, Inc.)

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Conduit Financing. Notwithstanding anything to the contrary contained in this Section 2.4.42.5.4, if a Bank Lender is a conduit entity participating in a conduit financing arrangement (as defined in Section 7701(l) of the Code and the Treasury Regulations issued thereunder) with respect to any payments made by Borrower Borrowers under this Agreement and under any Credit DocumentNote, Borrower Borrowers shall not be obligated to pay additional amounts to such Bank Lender pursuant to this Section 2.4.4 2.5.4 to the extent that the amount of taxes in the United States Taxes exceeds the amount that would have otherwise been payable were such Bank Lender not a conduit entity participating in a conduit financing arrangement.

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

Conduit Financing. Notwithstanding anything to the contrary contained in this Section 2.4.42.6.4, if a Bank Lender is a conduit entity participating in a conduit financing arrangement (as defined in Section 7701(l) of the Code and the Treasury Regulations issued thereunder) with respect to any payments made by Borrower under this Agreement and under any Credit DocumentNote, Borrower shall not be obligated to pay additional amounts to such Bank Lender pursuant to this Section 2.4.4 2.6.4 to the extent that the amount of taxes in the United States Taxes exceeds the amount that would have otherwise been payable were such Bank Lender not a conduit entity participating in a conduit financing arrangement.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

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Conduit Financing. Notwithstanding anything to the contrary contained in this Section 2.4.42.5.4, if a Bank Lender is a conduit entity participating in a conduit financing arrangement (as defined in Section 7701(l7701(1) of the Code and the Treasury Regulations issued thereunder) with respect to any payments made by Borrower Borrowers under this Agreement and under any Credit DocumentNote, Borrower Borrowers shall not be obligated to pay additional amounts to such Bank Lender pursuant to this Section 2.4.4 2.5.4 to the extent that the amount of taxes in the United States Taxes exceeds the amount that would have otherwise been payable were such Bank Lender not a conduit entity participating in a conduit financing arrangement.

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

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