German Earnings Stripping Rules. Should a Borrower, which claims interest deductions in Germany for German Tax purposes with regard to interest payments under this Agreement require the assistance by the Finance Parties on the basis of sec. 4f of the German Income Tax Act (Einkommensteuergesetz) and sec. 8a of the German Corporate Income Tax Act (Körperschaftsteuergesetz) in the form of the German Business Tax Reform Act 2008 (Unternehmensteuerreformgesetz 2008, published in the Federal Gazette, BGBI. I 2007, 1912 et seq.), with regard to the application of the equity escape clause, the Finance Parties shall, upon receipt of a request of the relevant Borrower (containing a detailed proposal for the requested assistance) enter into good faith negotiations as to what extent it is reasonably practical for the Finance Parties to assist the Borrower in this respect. For the avoidance of doubt, no Finance Party shall be obliged to release any Security, change this Agreement or disclose information which is confidential under applicable statutory or contractual banking secrecy rules.
Appears in 5 contracts
Samples: Facility Agreement (Rockwood Specialties Group Inc), Agreement (Rockwood Holdings, Inc.), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
