Common use of Effect of Tax Refund Clause in Contracts

Effect of Tax Refund. If a Lender determines, in its sole discretion, 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 that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which the Borrower has made a payment under this Section 5.03, such Lender will notify the Borrower and agrees to reimburse the Borrower to the extent of the benefit of such refund, deduction or credit, including any interest paid by the relevant Governmental Authority, promptly after such Lender reasonably determines that such refund, deduction or credit has become final; provided, that the Borrower, upon request of the Lender, agrees to repay the amount paid over to the Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event that such Lender is required to repay such refund to such Governmental Authority. Nothing contained in this Section 5.03(f) shall require any 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 such refund, deduction or credit (including any interest paid by the relevant Governmental Authority and received by such Lender), which attempt would be inconsistent with any reporting position otherwise taken by any Lender on its applicable 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 1.17. If a any Lender determines, 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 from, or credit against taxes Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which the Borrower has made a payment under this Section 5.031.17, such Lender will notify the and reimburse Borrower and agrees to reimburse the 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 Governmental Taxing Authority, promptly after net of all out-of-pocket expenses of such Lender reasonably determines that such refund, deduction or credit has become finalLender; provided, that the Borrower, upon the request of the such Lender, agrees to repay the amount paid over to the Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event that such Lender is required to repay such refund to such Governmental Authority. Nothing contained in this Section 5.03(f) shall 1.17 will, however, require any such Lender to make available its tax Tax returns (or any other information relating to its taxes Taxes which it deems to be confidential) or to attempt to obtain any such refund, deduction or credit (including any interest paid by the relevant Governmental Taxing Authority and received by such Lender), which attempt would if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by any such Lender on its applicable tax 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 1.15. If a any Lender determines, 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 from, or credit against taxes Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which the Borrower has made a payment under this Section 5.031.15, such Lender will notify the and reimburse Borrower and agrees to reimburse the 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 Governmental Taxing Authority, promptly after net of all out-of-pocket expenses of such Lender reasonably determines that such refund, deduction or credit has become finalLender; provided, that the Borrower, upon the request of the such Lender, agrees to repay the amount paid over to the Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event that such Lender is required to repay such refund to such Governmental Authority. Nothing contained in this Section 5.03(f) shall 1.15 will, however, require any such Lender to make available its tax Tax returns (or any other information relating to its taxes Taxes which it deems to be confidential) or to attempt to obtain any such refund, deduction or credit (including any interest paid by the relevant Governmental Taxing Authority and received by such Lender), which attempt would if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by any such Lender on its applicable tax 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 1.14. If a any Lender determines, 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 from, or credit against taxes Taxes or Other Taxes that are otherwise payable by such Lender) of any Taxes or Other Taxes with respect to which the Borrower has made a payment under this Section 5.031.14, such Lender will notify the and reimburse Borrower and agrees to reimburse the 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 Governmental Taxing Authority, promptly after net of all out-of-pocket expenses of such Lender reasonably determines that such refund, deduction or credit has become finalLender; provided, that the Borrower, upon the request of the such Lender, agrees to repay the amount paid over to the Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Lender in the event that such Lender is required to repay such refund to such Governmental Authority. Nothing contained in this Section 5.03(f) shall 1.14 will, however, require any such Lender to make available its tax Tax returns (or any other information relating to its taxes Taxes which it deems to be confidential) or to attempt to obtain any such refund, deduction or credit (including any interest paid by the relevant Governmental Taxing Authority and received by such Lender), which attempt would if such Lender determines that doing so could be inconsistent with any reporting position otherwise taken by any such Lender on its applicable tax Tax returns.