Foreign Law Provisions. 10.1 Each Guarantor whose assets are located in Mexico or is organized under the laws of Mexico herein expressly and irrevocably waives (i) any right to which it might be entitled to have its obligations under this Guarantee divided among itself and one or more other Persons, if such Guarantor's obligations would be less than the full amount claimed hereunder, (ii) any benefit of order, excussio and division, or (iii) to the extent applicable, any benefit it may have under any of Articles 2813 through 2823, or Articles 2840, 2842, 2844, 2845, 2846, 2847, 2848 and 2849 of Mexico's Federal Civil Code and the correlative articles of the Civil Codes of each political subdivision of Mexico. 10.2 In relation to any payment under this Guarantee made by any Guarantor which is organized under the laws of Switzerland, such Guarantor shall, if and to the extent required by applicable law in force at the relevant time, subject to any applicable double taxation treaty, deduct Swiss withholding tax at the then applicable rate and pay it to the Swiss Federal Tax Administration and, with respect to such deduction made, not be obliged to gross-up or indemnify in accordance with the Junior Note Indenture.
Appears in 3 contracts
Samples: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC), Guarantee of the Junior Notes (Marconi Corp PLC)
Foreign Law Provisions. 10.1 9.1 Each Guarantor whose assets are located in Mexico or is organized under the laws of Mexico herein expressly and irrevocably waives (i) any right to which it might be entitled to have its obligations under this Guarantee divided among itself and one or more other Persons, if such Guarantor's obligations would be less than the full amount claimed hereunder, (ii) any benefit of order, excussio and division, or (iii) to the extent applicable, any benefit it may have under any of Articles 2813 through 2823, or Articles 2840, 2842, 2844, 2845, 2846, 2847, 2848 and 2849 of Mexico's Federal Civil Code and the correlative articles of the Civil Codes of each political subdivision of Mexico.
10.2 9.2 In relation to any payment under this Guarantee made by any Guarantor which is organized under the laws of Switzerland, such Guarantor shall, if and to the extent required by applicable law in force at the relevant time, subject to any applicable double taxation treaty, deduct Swiss withholding tax at the then applicable rate and pay it to the Swiss Federal Tax Administration and, with respect to such deduction made, not be obliged to gross-up or indemnify in accordance with the Junior Senior Note Indenture.
Appears in 3 contracts
Samples: Guarantee of the Senior Notes (Marconi Corp PLC), Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)