Common use of Eurodollar Rate Taxes Clause in Contracts

Eurodollar Rate Taxes. The Borrower agrees that it will pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Loans from the Lender solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or the provisions of this Agreement relating to the Eurodollar Rate and/or the recording, registration, notarization or other formalization of any of the foregoing and/or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost and charges being herein collectively called "Eurodollar Rate Taxes"); provided, however, that Eurodollar Rate Taxes shall --------------------- -------- ------- not include taxes imposed on or measured by the overall net income of the Lender by the United States of America or any political subdivision or taxing authority thereof or therein, or taxes on or measured by the overall net income by any foreign branch or subsidiary of the Lender by any foreign country or subdivision thereof in which that branch or subsidiary is doing business. Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower will, at the request of the Lender, furnish to the Lender evidence, in form and substance satisfactory to the Lender, that the Borrower has met its obligation under this Section 3.3(i), an addition, the -------------- Borrower will indemnify the Lender against, and reimburse Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable by reason of the making or maintenance of any Eurodollar Rate Loans hereunder, as determined by the Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonableness. The Lender shall provide Borrower with appropriate receipts for any payments or reimbursements made by Borrower pursuant to this Section 3.3(i). --------------

Appears in 1 contract

Samples: Loan and Security Agreement (Environmental Group International LTD)

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Eurodollar Rate Taxes. The Borrower agrees Borrowers agree that it they will pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Borrowers' Loans from the Lender solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or the provisions of this Agreement relating to the Eurodollar Rate and/or the recording, registration, notarization or other formalization of any of the foregoing and/or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost and charges being herein collectively called "Eurodollar Rate Taxes"); provided, however, that Eurodollar Rate Taxes shall --------------------- -------- ------- not include taxes imposed on or measured by the overall net income of the Lender by the United States of America or any political subdivision or taxing authority thereof or therein, or taxes on or measured by the overall net income by any foreign branch or subsidiary of the Lender by any foreign country or subdivision thereof in which that branch or subsidiary is doing business. Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower Borrowers will, at the request of the Lender, furnish to the Lender evidence, in form and substance satisfactory to the Lender, that the Borrower has Borrowers have met its their obligation under this Section 3.3(i), an addition, the -------------- Borrower Borrowers will indemnify the Lender against, and reimburse Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable by reason of the making or maintenance of any Eurodollar Rate Loans hereunder, as determined by the Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonableness. The Lender shall provide Borrower Borrowers with appropriate receipts for any payments or reimbursements made by Borrower Borrowers pursuant to this Section 3.3(i). --------------.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

Eurodollar Rate Taxes. The Borrower Company agrees that it that: (i) The Company will pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Loans from the Lender a Loan solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or or the provisions of this Agreement relating to the Eurodollar Rate and/or or the recording, registration, notarization or other formalization of any of the foregoing and/or thereof or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender a Loan when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost costs and charges being herein collectively called "Eurodollar Rate TaxesEURODOLLAR RATE TAXES"); provided, however, provided that Eurodollar Rate Taxes shall --------------------- -------- ------- not include include: taxes imposed on or measured by the overall net income of the Senior Lender or any foreign branch or Subsidiary of that Senior Lender by the United States of America or any political subdivision or taxing authority thereof of any jurisdiction in which the Senior Lender or therein, or taxes on or measured by the overall net income by any such foreign branch or subsidiary Subsidiary conducts business. The Company shall also pay such additional amounts equal to increases in taxes payable by that Senior Lender described in the foregoing proviso which increases are attributable to payments made by the Company described in this sentence and in the immediately preceding sentence of the Lender by any foreign country or subdivision thereof in which that branch or subsidiary is doing businessthis clause (i). Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower Company will, at the request of the that Senior Lender, furnish to the that Senior Lender evidence, in form and substance satisfactory to the that Senior Lender, that the Borrower Company has met its obligation under this Section 3.3(i2.07(h), an addition, the -------------- Borrower ; and (ii) The Company will indemnify the each Senior Lender against, and reimburse each Senior Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable paid by reason of the making or maintenance of any Eurodollar Rate Loans hereundersuch Senior Lender, as determined by the that Senior Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonablenesssole discretion. The That Senior Lender shall provide Borrower the Company with (A) appropriate receipts for any payments or reimbursements made by Borrower the Company pursuant to this Section 3.3(i2.07(h)(ii) and (B) such information as may reasonably be required to indicate the basis for such Eurodollar Rate Taxes; provided that if a Senior Lender or Issuing Bank subsequently recovers, or receives a net tax benefit with respect to, any amount of Eurodollar Rate Taxes previously paid by the Company pursuant to this Section 2.07(h)(ii), such Senior Lender or Issuing Bank shall, within 30 days after receipt of such refund, and to the extent permitted by applicable law, pay to the Company the amount of any such recovery or permanent net tax benefit. --------------(i)

Appears in 1 contract

Samples: Credit Agreement (7 Eleven Inc)

Eurodollar Rate Taxes. The Borrower agrees that it will shall indemnify and hold each Lender free and harmless from, and shall pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, levies or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Loans from the Lender a Loan solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or or the provisions of this Agreement relating related to the Eurodollar Rate and/or or the recording, registration, notarization or other formalization of any of the foregoing and/or thereof or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender a Loan when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost costs and charges being herein collectively called "Eurodollar Rate Taxes"); provided, however, that Eurodollar Rate Taxes shall --------------------- -------- ------- not include include: taxes imposed on or measured by the overall gross or net income of the such Lender or any foreign branch, agency or subsidiary of such Lender by the United States of America or any political subdivision or taxing authority thereof or therein, or taxes on or measured by the overall gross or net income by of that Lender or any foreign branch branch, agency or subsidiary of the that Lender by any foreign country or subdivision thereof in which that branch Lender, branch, agency or subsidiary is doing business. The Borrower also shall indemnify and hold each Lender free and harmless from, and shall pay such additional amounts equal to, increases in taxes payable by that Lender described in the foregoing proviso that are attributable to payments made by the Borrower described in the immediately preceding sentence or this sentence. Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower will, at the request of the such Lender, furnish to the such Lender evidence, in form and substance satisfactory to the such Lender, that the Borrower has met its obligation under this Section 3.3(i), an addition, 3.4.6; and the -------------- Borrower will indemnify the each Lender against, and reimburse each Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable payable by reason of the making or maintenance of any Eurodollar Rate Loans hereunder, as determined by the Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonablenessthat Lender. The Such Lender shall provide the Borrower with appropriate receipts for any payments or reimbursements made by the Borrower pursuant to this Section 3.3(i). --------------3.4.6.

Appears in 1 contract

Samples: Credit Agreement (Symbion Inc/Tn)

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Eurodollar Rate Taxes. The Borrower agrees that it will pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Loans from the Lender solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or the provisions of this Agreement relating to the Eurodollar Rate and/or the recording, registration, notarization or other formalization of any of the foregoing and/or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost and charges being herein collectively called "Eurodollar Rate Taxes"); provided, however, that Eurodollar Rate Taxes shall --------------------- -------- ------- not include taxes imposed on or measured by the overall net income of the Lender by the United States of America or any political subdivision or taxing authority thereof or therein, or taxes on or measured by the overall net income by any foreign branch or subsidiary of the Lender by any foreign country or subdivision thereof in which that branch or subsidiary is doing business. Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower will, at the request of the Lender, furnish to the Lender evidence, in form and substance satisfactory to the Lender, that the Borrower has met its obligation under this Section 3.3(i), an addition, the -------------- Borrower will indemnify the Lender against, and reimburse Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable by reason of the making or maintenance of any Eurodollar Rate Loans hereunder, as determined by the Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonableness. The Lender shall provide Borrower with appropriate receipts for any payments or reimbursements made by Borrower pursuant to this Section 3.3(i). --------------.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

Eurodollar Rate Taxes. The Borrower agrees that it will shall indemnify each Lender against and hold each Lender free and harmless from, and shall pay, --------------------- prior to the date on which penalties attach thereto, all present and future income, stamp and other taxes, levies, levies or costs and charges whatsoever imposed, assessed, levied or collected on or from the Lender on or in respect of the Borrower's Loans from the Lender a Loan solely as a result of the interest rate being determined by reference to the Eurodollar Rate and/or or the provisions of this Agreement relating related to the Eurodollar Rate and/or or the recording, registration, notarization or other formalization of any of the foregoing and/or thereof or any payments of principal, interest or other amounts made on or in respect of the Loans from the Lender a Loan when the interest rate is determined by reference to the Eurodollar Rate (all such taxes, levies, cost costs and charges being herein collectively called "Eurodollar Rate Taxes"); provided, however, that Eurodollar Rate Taxes shall --------------------- -------- ------- not include include: taxes imposed on or measured by the overall gross or net income of the such Lender or any foreign branch, agency or subsidiary of such Lender by the United States of America or any political subdivision or taxing authority thereof or therein, or taxes on or measured by the overall gross or net income by of that Lender or any foreign branch branch, agency or subsidiary of the that Lender by any foreign country or subdivision thereof in which that branch Lender, branch, agency or subsidiary is doing business. The Borrower also shall indemnify each Lender against and hold each Lender free and harmless from, and shall pay such additional amounts equal to, increases in taxes payable by that Lender described in the foregoing proviso that are attributable to payments made by the Borrower described in the immediately preceding sentence or this sentence. Promptly after the date on which payment of any such Eurodollar Rate Tax is due pursuant to applicable law, the Borrower will, at the request of the such Lender, furnish to the such Lender evidence, in form and substance satisfactory to the such Lender, that the Borrower has met its obligation under this Section 3.3(i), an addition, 3.4.6; and the -------------- Borrower will indemnify the each Lender against, and reimburse each Lender on demand for, any Eurodollar Rate Taxes for which the Lender is or may be liable payable by reason of the making or maintenance of any Eurodollar Rate Loans hereunder, as determined by the Lender in its discretion exercised in good faith and pursuant to standards of commercial reasonablenessthat Lender. The Such Lender shall provide the Borrower with appropriate receipts for any payments or reimbursements made by the Borrower pursuant to this Section 3.3(i). --------------3.4.6.

Appears in 1 contract

Samples: Credit Agreement (I Trax Inc)

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