Common use of Effect of Tax Refund Clause in Contracts

Effect of Tax Refund. Each Lender will use its commercially reasonable efforts to obtain in a timely fashion any refund, deduction or credit of any Taxes or Other Taxes paid or reimbursed by Borrower pursuant to this Section 1.17. If any Lender determines in its sole discretion, exercised in good faith, that it has received a benefit in the nature of a refund, deduction or credit (including a refund in the form of a deduction from, or credit against Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which Borrower has made a payment under this Section 1.17, such Lender will notify and reimburse Borrower (promptly after such Lender reasonably determines that such refund, deduction or credit has become final) to the extent of the benefit of such refund, deduction or credit, including any interest paid by the relevant Taxing Authority, net of all out-of-pocket expenses of such Lender; provided, that Borrower, upon the request of such Lender, agrees to repay the amount paid over to Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event such Lender is required to repay such refund to such Governmental Authority. Nothing in this Section 1.17 will, however, require such Lender to make available its Tax returns (or any other information relating to its Taxes which it deems to be confidential) or to attempt to obtain any refund, deduction or credit (including any interest paid by the relevant Taxing Authority and received by such Lender), if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by such Lender on its Tax returns.

Effect of Tax Refund. Each Lender will use its commercially reasonable efforts to obtain in a timely fashion any refund, deduction or credit of any Taxes or Other Taxes paid or reimbursed by Borrower pursuant to this Section 1.171.15. If any Lender determines in its sole discretion, exercised in good faith, that it has received a benefit in the nature of a refund, deduction or credit (including a refund in the form of a deduction from, or credit against Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which Borrower has made a payment under this Section 1.171.15, such Lender will notify and reimburse Borrower (promptly after such Lender reasonably determines that such refund, deduction or credit has become final) to the extent of the benefit of such refund, deduction or credit, including any interest paid by the relevant Taxing Authority, net of all out-of-pocket expenses of such Lender; provided, that Borrower, upon the request of such Lender, agrees to repay the amount paid over to Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event such Lender is required to repay such refund to such Governmental Authority. Nothing in this Section 1.17 1.15 will, however, require such Lender to make available its Tax returns (or any other information relating to its Taxes which it deems to be confidential) or to attempt to obtain any refund, deduction or credit (including any interest paid by the relevant Taxing Authority and received by such Lender), if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by such Lender on its Tax returns.

Effect of Tax Refund. Each Lender will use its commercially reasonable efforts to obtain in a timely fashion any refund, deduction or credit of any Taxes or Other Taxes paid or reimbursed by Borrower pursuant to this Section 1.171.14. If any Lender determines in its sole discretion, exercised in good faith, that it has received a benefit in the nature of a refund, deduction or credit (including a refund in the form of a deduction from, or credit against Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which Borrower has made a payment under this Section 1.171.14, such Lender will notify and reimburse Borrower (promptly after such Lender reasonably determines that such refund, deduction or credit has become final) to the extent of the benefit of such refund, deduction or credit, including any interest paid by the relevant Taxing Authority, net of all out-of-pocket expenses of such Lender; provided, that Borrower, upon the request of such Lender, agrees to repay the amount paid over to Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event such Lender is required to repay such refund to such Governmental Authority. Nothing in this Section 1.17 1.14 will, however, require such Lender to make available its Tax returns (or any other information relating to its Taxes which it deems to be confidential) or to attempt to obtain any refund, deduction or credit (including any interest paid by the relevant Taxing Authority and received by such Lender), if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by such Lender on its Tax returns.