We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Evidence of deductions Clause in Contracts

Evidence of deductions. If at any time the Obligor' Agent, any Indemnifier or any Guarantor is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Documents, the Obligor' Agent, such Indemnifier or such Guarantor (as the case may be) will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the Banks, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor makes any deduction or withholding from any payment under or pursuant to any of the Facility Documents, and a Bank or Issuing Bank subsequently receives a credit, refund, relief, remission or allowance from any tax authority which that Bank or Issuing Bank identifies as being referable to that deduction or withholding, that Bank or Issuing Bank shall, as soon as reasonably practicable, interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor an amount equal to the amount of the credit, refund, relief, remission or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from that credit, refund, relief, remission or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor to apply for any credit, refund, relief, remission or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank organises its tax affairs, nor as imposing on any Bank or Issuing Bank any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank in obtaining or seeking to obtain a credit, refund, relief, remission or allowance from any tax authority pursuant to this Clause shall be for the relevant Obligor's account.

Appears in 1 contract

Samples: Secured Bank Guarantee Facility Agreement (Stolt Offshore S A)

Evidence of deductions. If at any time either the Obligor' Agent, any Indemnifier Borrower or any the Guarantor is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Security Documents, the Obligor' Agent, such Indemnifier Borrower or such the Guarantor (as the case may be) will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 thirty days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the Banks, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor Borrower makes any deduction or withholding from any payment under or pursuant to any of the Facility Security Documents, and a Bank or Issuing Bank subsequently receives a credit, refund, relief, remission refund or allowance from any tax authority which that Bank or Issuing Bank identifies as being referable to that deduction or withholding, that Bank or Issuing Bank shall, as soon as reasonably practicable, but without substantially interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor Borrower an amount equal to the amount of the credit, refund, relief, remission refund or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from retain that credit, refund, relief, remission refund or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor Borrower to apply for any credit, refund, relief, remission refund or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank organises its tax affairs, nor as imposing on any Bank or Issuing Bank any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors Borrower any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank in obtaining or seeking to obtain a credit, refund, relief, remission refund or allowance from any tax authority pursuant to this Clause shall be for the relevant ObligorBorrower's account.

Appears in 1 contract

Samples: Secured Multi Currency Revolving Loan Facility Agreement (Stolt Offshore S A)

Evidence of deductions. If at any time the Obligor' Agent, any Indemnifier or any Guarantor Borrower is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Security Documents, the Obligor' Agent, such Indemnifier or such Guarantor (as the case may be) Borrower will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 thirty days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the BanksAgent, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor Borrower makes any deduction or withholding from any payment under or pursuant to any of the Facility Security Documents, and a Bank or Issuing Bank subsequently receives a credit, refund, relief, remission refund or allowance from any tax authority which that Bank or Issuing Bank at its sole discretion identifies as being referable to that deduction or withholding, that Bank or Issuing Bank shall, as soon as reasonably practicable, interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor Borrower an amount equal to the amount of the credit, refund, relief, remission refund or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from retain that credit, refund, relief, remission refund or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor Borrower to apply for any credit, refund, relief, remission refund or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank organises its tax affairs, nor as imposing on any Bank or Issuing Bank any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors Borrower any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank in obtaining or seeking to obtain a credit, refund, relief, remission refund or allowance from any tax authority pursuant to this Clause shall be for the relevant Obligor's Borrower’s account.

Appears in 1 contract

Samples: Loan Facility Agreement (Teekay Shipping Corp)

Evidence of deductions. If at any time either the Obligor' Agent, any Indemnifier Borrower or any the Guarantor is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Security Documents, the Obligor' Agent, such Indemnifier Borrower or such the Guarantor (as the case may be) will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 thirty days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the BanksAgent, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor Borrower makes any deduction or withholding from any payment under or pursuant to any of the Facility Security Documents, and a Bank or Issuing Bank the Agent subsequently receives a credit, refund, relief, remission refund or allowance from any tax authority which that Bank or Issuing Bank the Agent identifies as being referable to that deduction or withholding, that Bank or Issuing Bank the Agent shall, as soon as reasonably practicable, interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor Borrower an amount equal to the amount of the credit, refund, relief, remission refund or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from retain that credit, refund, relief, remission refund or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank the Agent unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor Borrower to apply for any credit, refund, relief, remission refund or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank the Agent organises its tax affairs, nor as imposing on any Bank or Issuing Bank the Agent any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors Borrower any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank the Agent in obtaining or seeking to obtain a credit, refund, relief, remission refund or allowance from any tax authority pursuant to this Clause shall be for the relevant ObligorBorrower's account.

Appears in 1 contract

Samples: Loan Agreement (Stolt Comex Seaway S A)

Evidence of deductions. If at any time either the Obligor' Agent, any Indemnifier Borrower or any the Guarantor is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Security Documents, the Obligor' Agent, such Indemnifier Borrower or such the Guarantor (as the case may be) will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 thirty days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the BanksAgent, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor Borrower makes any deduction or withholding from any payment under or pursuant to any of the Facility Security Documents, and a Bank or Issuing Bank subsequently receives a credit, refund, relief, remission refund or allowance from any tax authority which that Bank or Issuing Bank identifies as being referable to that deduction or withholding, that Bank or Issuing Bank shall, as soon as reasonably practicable, interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor Borrower an amount equal to the amount of the credit, refund, relief, remission refund or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from retain that credit, refund, relief, remission refund or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor Borrower to apply for any credit, refund, relief, remission refund or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank organises its tax affairs, nor as imposing on any Bank or Issuing Bank any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors Borrower any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank in obtaining or seeking to obtain a credit, refund, relief, remission refund or allowance from any tax authority pursuant to this Clause shall be for the relevant ObligorBorrower's account.

Appears in 1 contract

Samples: Loan Agreement (Stolt Offshore S A)

Evidence of deductions. If at any time either the Obligor' Agent, any Indemnifier Borrower or any Guarantor the Guarantors is required by law to make any deduction or withholding from any payment to be made by it pursuant to any of the Facility Security Documents, the Obligor' Agent, such Indemnifier Borrower or such Guarantor the Guarantors (as the case may be) will pay the amount required to be deducted or withheld to the relevant authority within the time allowed under the applicable law and will, no later than 30 thirty days after making that payment, deliver to the Agent an original receipt issued by the relevant authority, or other evidence reasonably acceptable to the BanksAgent, evidencing the payment to that authority of all amounts required to be deducted or withheld. If the Obligor' Agent, an Indemnifier and/or Guarantor Borrower makes any deduction or withholding from any payment under or pursuant to any of the Facility Security Documents, and a Bank or Issuing Bank the Agent subsequently receives a credit, refund, relief, remission refund or allowance from any tax authority which that Bank or Issuing Bank the Agent identifies as being referable to that deduction or withholding, that Bank or Issuing Bank the Agent shall, as soon as reasonably practicable, interfering with the businesses operations of that Bank or Issuing Bank, pay to the Obligor' Agent, such Indemnifier and/or Guarantor Borrower an amount equal to the amount of the credit, refund, relief, remission refund or allowance received, if and to the extent that it may do so without prejudicing its right to benefit from retain that credit, refund, relief, remission refund or allowance and without putting itself in any worse financial position than that in which it would have been had the deduction or withholding not been required to have been made. Nothing in this Clause shall be interpreted as imposing any obligation on any Bank or Issuing Bank the Agent unless requested by the Obligor' Agent, an Indemnifier and/or Guarantor Borrower to apply for any credit, refund, relief, remission refund or allowance nor as restricting in any way the manner in which any Bank or Issuing Bank the Agent organises its tax affairs, nor as imposing on any Bank or Issuing Bank the Agent any obligation to disclose to the Obligor' Agent, the Indemnifiers and/or Guarantors Borrower any information regarding its tax affairs or tax computations. All reasonable costs and expenses incurred by any Bank or Issuing Bank the Agent in obtaining or seeking to obtain a credit, refund, relief, remission refund or allowance from any tax authority pursuant to this Clause shall be for the relevant ObligorBorrower's account.

Appears in 1 contract

Samples: Loan Facility Agreement (Stolt Offshore S A)