Common use of Credits and Deductions Clause in Contracts

Credits and Deductions. If the Agent or any Lender is, in its reasonable business judgment, able to apply for any credit, deduction or other reduction in Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i), the Agent or such Lender, as the case may be, shall use reasonable efforts to obtain such credit, deduction or other reduction and, upon receipt thereof, will pay to the Borrower such amount, not exceeding the increased amount paid by the Borrower, as is equal to the net after-tax value to the Agent or such Lender, in its reasonable business judgment, of such part of such credit, deduction or other reduction as it considers to be allocable to such payment by the Borrower, having regard to all of the Agent's or such Lender's dealings giving rise to similar credits, deductions or other reductions in relation to the same tax period and to the cost of obtaining the same; provided, however, that (i) the Agent or such Lender, as the case may be, shall not be obligated to disclose to the Borrower any information regarding its tax affairs or computations (except that the Agent or any Lender, as the case may be, shall provide the Borrower with notice of any credits, deductions or other reductions in Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i)) and (ii) nothing in this Section 1.13(b) shall interfere with the right of the Agent or such Lender to arrange its tax affairs as it deems appropriate.

Appears in 2 contracts

Samples: Credit Agreement (Frontier Airlines Inc /Co/), Secured Credit Agreement (Frontier Airlines Inc /Co/)

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Credits and Deductions. If the Agent or any Lender Bank is, in its reasonable business judgmentsole opinion, able to apply for any credit, deduction or other reduction in Bank Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i1.13 (a) or (b), the Agent or such LenderBank, as the case may be, shall use reasonable efforts to obtain such credit, deduction or other reduction and, upon receipt thereof, will pay to the Borrower such amount, not exceeding the increased amount paid by the Borrower, as is equal to the net after-tax value to the Agent or such LenderBank, in its reasonable business judgmentsole opinion, of such part of such credit, deduction or other reduction as it considers to be allocable to such payment by the Borrower, having regard to all of the Agent's or such LenderBank's dealings giving rise to similar credits, deductions or other reductions in relation to the same tax period and to the cost of obtaining the same; provided, however, that (i) the Agent or such LenderBank, as the case may be, shall not be obligated to disclose to the Borrower any information regarding its tax affairs or computations (except that the Agent or any Lender, as the case may be, shall provide the Borrower with notice of any credits, deductions or other reductions in Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i)) and (ii) nothing in this Section 1.13(b1.13(c) shall interfere with the right of the Agent or such Lender Bank to arrange its tax affairs as it deems appropriate.

Appears in 2 contracts

Samples: Credit Agreement (Resource Bancshares Mortgage Group Inc), Credit Agreement (Resource Bancshares Mortgage Group Inc)

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Credits and Deductions. If the Administrative Agent or any Lender Bank ---------------------- is, in its reasonable business judgmentsole opinion, able to apply for any credit, deduction or other reduction in Bank Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i1.14(a) or (b), the Administrative Agent or such LenderBank, as the case may be, shall use reasonable efforts to obtain such credit, deduction or other reduction and, upon receipt thereof, will pay to the Borrower such amount, not exceeding the increased amount paid by the Borrower, as is equal to the net after-tax value to the Administrative Agent or such LenderBank, in its reasonable business judgmentsole opinion, of such part of such credit, deduction or other reduction as it considers to be allocable to such payment by the Borrower, having regard to all of the Administrative Agent's or such LenderBank's dealings giving rise to similar credits, deductions or other reductions in relation to the same tax period and to the cost of obtaining the same; provided, however, that (i) the Administrative Agent -------- ------- or such LenderBank, as the case may be, shall not be obligated to disclose to the Borrower any information regarding its tax affairs or computations (except that the Agent or any Lender, as the case may be, shall provide the Borrower with notice of any credits, deductions or other reductions in Taxes by reason of any payment made by the Borrower under Section 1.13(a)(i)) and (ii) nothing in this Section 1.13(b1.14(c) shall interfere with the right of the Administrative Agent or such Lender Bank to arrange its tax affairs as it deems appropriate.

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

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