Common use of Deduction of Taxes Clause in Contracts

Deduction of Taxes. Any and all payments by the Borrower under each Loan Document shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto, excluding, (x) in the case of each Lender and the Administrative Agent, taxes measured by its net income and franchise taxes imposed on it, by the jurisdiction (or any political subdivision thereof) under the laws of which such Lender or the Administrative Agent (as the case may be) is organized and, (y) in the case of each Lender, taxes measured by its net income and franchise taxes imposed on it, by the jurisdiction in which such Lender's Applicable Lending Office is located (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by any Requirement of Law to deduct any Taxes from or in respect of any sum payable under any Loan Document to any Lender or the Administrative Agent (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.17) such Lender or the Administrative Agent (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions, (iii) the Borrower shall pay the full amount deducted to the relevant taxing authority or other authority in accordance with applicable Requirements of Law and (iv) the Borrower shall deliver to the Administrative Agent evidence of such payment.

Appears in 1 contract

Samples: Security Agreement (National Steel Corp)

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Deduction of Taxes. Any and all payments by the Borrower under each Loan Document shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto, excluding, (x) in the case of each Lender and the Administrative Agent, (i) taxes measured by its net income and franchise taxes imposed on it, by the jurisdiction (or any political subdivision thereof) under the laws of which such Lender or the Administrative Agent (as the case may be) is organized andorganized, (yii) any United States withholding taxes payable with respect to payments under the Loan Documents under Requirement of Laws in effect on the date hereof (or, in the case of each an Eligible Assignee, the date of the Assignment and Acceptance) applicable to the Lender, but not excluding any United States withholding taxes payable as a result of any change in such Requirement of Laws occurring after the date hereof (or the date of such Assignment and Acceptance) and (iii) taxes measured by its net income and franchise taxes imposed on it, by the jurisdiction in which such Lender's Applicable Lending Office principal place of business is located (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower any Taxes shall be required by any Requirement of Law to deduct any Taxes from be deducted from, or in respect of of, any sum payable under any Loan Document to any Lender or the Administrative Agent (iw) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.172.14) such the Lender or the Administrative Agent (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (iix) the Borrower shall make such deductions, (iiiy) the Borrower shall pay the full amount deducted to the relevant taxing authority or other authority in accordance with applicable Requirements of Law and (ivz) the Borrower shall deliver to the Administrative Agent Lender evidence of such payment.

Appears in 1 contract

Samples: Pledge and Security Agreement (National Steel Corp)

Deduction of Taxes. Any and all payments by the Borrower under each Loan Document shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings withholdings, and all liabilities with respect thereto, excluding, excluding (xi) in the case of each Lender and the Administrative Agent, Agent (A) taxes measured by its net income income, and franchise taxes imposed on it, by the jurisdiction (or any political subdivision thereof) under the laws of which such Lender or the Administrative Agent (as the case may be) is organized andand (B) any United States withholding taxes payable with respect to payments under the Loan Documents under Requirement of Laws in effect on the Effective Date (or, in the case of an Eligible Assignee, the date of the Assignment and Acceptance) applicable to such Lender or the Administrative Agent, as the case may be, but not excluding any United States withholding taxes payable as a result of any change in such Requirement of Laws occurring after the Effective Date (yor the date of such Assignment and Acceptance) and (ii) in the case of each Lender, taxes measured by its net income income, and franchise taxes imposed on it, by the jurisdiction in which such Lender's Applicable Lending Office is located (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower any Taxes shall be required by any Requirement of Law to deduct any Taxes from be deducted from, or in respect of of, any sum payable under any Loan Document to any Lender or the Administrative Agent (iw) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.172.16) such Lender or the Administrative Agent (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (iix) the Borrower shall make such deductions, (iiiy) the Borrower shall pay the full amount deducted to the relevant NATIONAL STEEL CORPORATION CREDIT AGREEMENT taxing authority or other authority in accordance with applicable Requirements of Law and (ivz) the Borrower shall deliver to the Administrative Agent evidence of such payment.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

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Deduction of Taxes. Any and all payments by the Borrower under each Revolving Loan Document shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings withholdings, and all liabilities with respect thereto, excluding, excluding (xi) in the case of each Lender and the Administrative Agent, Agent (A) taxes measured by its net income or net profit, and franchise taxes imposed on it, by the jurisdiction (or any political subdivision thereof) under the laws of which such Lender or the Administrative Agent (as the case may be) is organized andor doing business and (B) any United States withholding taxes payable with respect to payments under the Loan Documents under Requirement of Laws in effect on the Effective Date (or, in the case of an Eligible Assignee, the date of the Assignment and Acceptance) applicable to such Lender or the Administrative Agent, as the case may be, but not excluding any United States withholding taxes payable as a result of any change in such Requirement of Laws occurring after the Effective Date (yor the date of such Assignment and Acceptance) and (ii) in the case of each Lender, taxes measured by its net income or net profit, and franchise taxes imposed on it, by the jurisdiction in which such Lender's Applicable Lending Office is located (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower any Taxes shall be required by any Requirement of Law to deduct any Taxes from be deducted from, or in respect of of, any sum payable under any Loan Document to any Lender or the Administrative Agent (iw) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.17) such Lender or the Administrative Agent (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (iix) the Borrower shall make such deductions, (iiiy) the Borrower shall pay the full amount deducted to the relevant taxing authority or other authority in accordance with applicable Requirements of Law and (ivz) the Borrower shall deliver to the Administrative Agent evidence of such payment.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

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