Common use of FOREIGN TAX ON LOAN PAYMENTS Clause in Contracts

FOREIGN TAX ON LOAN PAYMENTS. If an Owner Participant is incorporated or organized, or maintains a place of business or conducts activities in, a country other than the United States or in a territory, possession or commonwealth of the United States (within the meaning of the tax law of that foreign jurisdiction) and if as a result thereof any foreign Taxes (including withholding Taxes) are imposed on the Pass Through Trustees, Pass Through Trusts, or Note Holders, then Owner Participant shall reimburse Lessee for any payments Lessee is required to make to or on behalf of any Pass Through Trustee, Pass Through Trust, or Note Holder under this Section 9.3 as a result of the imposition of such Taxes. The amount payable by Owner Participant to Lessee shall be an amount which, after taking into account any such Taxes, any Tax imposed upon the receipt or accrual by Lessee of such payment by Owner Participant and any tax benefits or tax savings realized by Lessee with respect to the payment of such withholding Tax or the payment hereunder, shall equal the amount of Lessee's payment to or on behalf of such Pass Through Trustee, or Note Holder.

Appears in 12 contracts

Samples: Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/)

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FOREIGN TAX ON LOAN PAYMENTS. If an Owner Participant is incorporated or organized, or maintains a place of business or conducts activities in, in a country other than the United States or in a territory, possession possession, or commonwealth of the United States (within the meaning of the tax law of that foreign jurisdiction) ), and if as a result thereof any foreign Taxes (including withholding Taxes) are imposed on the Pass Pass-Through Trustees, Pass Pass-Through Trusts, or Note Holders, then such Owner Participant shall reimburse Lessee for any payments that Lessee is required to make to or on behalf of any Pass Pass-Through Trustee, Pass Pass-Through Trust, or Note Holder under this Section ss. 9.3 as a result of the imposition of such Taxes. The amount payable by Owner Participant to Lessee shall be an amount which, after taking takinG into account any such Taxes, any Tax imposed upon the receipt or accrual by Lessee of such payment by such Owner Participant Participant, and any tax benefits or tax savings realized by Lessee with respect to the payment of such withholding Tax or the payment hereunder, shall equal the amount of Lessee's payment to or on behalf of such Pass Pass-Through Trustee, Trustee or Note Holder.

Appears in 2 contracts

Samples: Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)

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FOREIGN TAX ON LOAN PAYMENTS. If an Owner Participant is incorporated or organized, or maintains a place of business or conducts activities in, a country other than the United States or in a territory, possession or commonwealth of the United States (within the meaning of the tax law of that foreign jurisdiction) and if as a result thereof any foreign Taxes (including withholding Taxes) are imposed on the Pass Through Trustees, Pass Through Trusts, or Note Certificate Holders, then Owner Participant shall reimburse Lessee for any payments Lessee is required to make to or on behalf of any Pass Through Trustee, Pass Through Trust, or Note Certificate Holder under this Section 9.3 6(b) as a result of the imposition of such Taxes. The amount payable by Owner Participant to Lessee shall be an amount which, after taking into account any such Taxes, any Tax imposed upon the receipt or accrual by Lessee of such payment by Owner Participant and any tax benefits or tax savings realized by Lessee with respect to the payment of such withholding Tax or the payment hereunder, shall equal the amount of Lessee's payment to or on behalf of such Pass Through Trustee, or Note Certificate Holder.

Appears in 1 contract

Samples: Participation Agreement (Us Airways Inc)

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