Common use of Grossing-up for taxes Clause in Contracts

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 36 contracts

Samples: Loan Agreement (Euroseas Ltd.), Loan Agreement (EuroDry Ltd.), Loan Agreement (EuroDry Ltd.)

AutoNDA by SimpleDocs

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 33 contracts

Samples: Loan Agreement, Purchase, Sale and Contribution Agreement, Loan Agreement (Box Ships Inc.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the that Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 16 contracts

Samples: Loan Agreement (Global Ship Lease, Inc.), Loan Agreement, Amending and Restating Agreement (Poseidon Containers Holdings Corp.)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 15 contracts

Samples: Loan Agreement (Navios Maritime Containers Inc.), Loan Agreement, Loan Agreement (Euronav NV)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 12 contracts

Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Pyxis Tankers Inc.), Loan Agreement (NewLead Holdings Ltd.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the that Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 8 contracts

Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.)

Grossing-up for taxes. If the Borrower is Borrowers are required by law to make a tax deduction from any payment: (a) the Borrower Borrowers shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower Borrowers shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 5 contracts

Samples: Amending and Restating Agreement (DryShips Inc.), Amending and Restating Agreement (DryShips Inc.), Loan Agreement (DryShips Inc.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower that Xxxxxxxx shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 4 contracts

Samples: Amending and Restating Deed, Amending and Restating Deed (Global Ship Lease, Inc.), Second Amending and Restating Deed (Global Ship Lease, Inc.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower that Xxxxxxxx shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 3 contracts

Samples: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower Borrowers shall notify the Agent as soon as it becomes aware of the requirement; (b) the such Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 3 contracts

Samples: Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios Maritime Holdings Inc.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the that Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 3 contracts

Samples: Loan Agreement (Pyxis Tankers Inc.), Loan Agreement (Mc Shipping Inc), Loan Agreement (Omega Navigation Enterprises, Inc.)

Grossing-up for taxes. If the Borrower is Borrowers are required by law to make a tax deduction from any payment: (a) the Borrower Borrowers shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower Borrowers shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 2 contracts

Samples: Loan Agreement (EuroDry Ltd.), Loan Agreement (Euroseas Ltd.)

Grossing-up for taxes. If the Borrower is required by law to make a tax Tax deduction from any payment: (a) the Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax Tax deduction) a net amount which, after the tax Tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 2 contracts

Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Gala Properties Inc.)

Grossing-up for taxes. If the Borrower an Obligor is required by law to make a tax deduction from any payment: (a) the Borrower that Obligor shall notify the Facility Agent as soon as it becomes aware of the requirement; (b) the Borrower that Obligor shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party of the Lenders receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 2 contracts

Samples: Loan Agreement (TBS International LTD), Loan Agreement (TBS International LTD)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net an amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 2 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Amendment Agreement (Aegean Marine Petroleum Network Inc.)

Grossing-up for taxes. If the any Borrower is required by law to make a tax deduction from any payment: (a) the that Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 2 contracts

Samples: Loan Agreement (Costamare Partners LP), Loan Agreement (Costamare Partners LP)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any paymentpayment by it: (a) the Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Grindrod Shipping Holdings Pte. Ltd.)

AutoNDA by SimpleDocs

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower that Xxxxxxxx shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Grossing-up for taxes. If the any Borrower is required by law to make a tax deduction from any payment: (a) the Borrower that Xxxxxxxx shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Alma Maritime LTD)

Grossing-up for taxes. If the Borrower an Obligor is required by law to make a tax deduction from any payment: (a) the Borrower that Obligor shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower that Obligor shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party of the Lenders receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Oceanfreight Inc.)

Grossing-up for taxes. If the Borrower an Obligor is required by law to make a tax deduction from any payment: (a) the Borrower that Obligor shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower that Obligor shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Guarantee Facility Agreement (Euronav NV)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall that Boxxxxxx xhall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Grossing-up for taxes. If the any Borrower is required by law to make a tax deduction from any payment: (a) the that Borrower shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Grossing-up for taxes. If the Borrower is either Obligor shall be required by law to make a tax deduction from any payment: (a) the Borrower that Obligor shall notify the Agent as soon as it becomes aware of the requirement; (b) the Borrower that Obligor shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Credit Party receives and retains (free from any liability relating to the tax deduction) a net amount whichthat, after the tax deduction, is equal to the full amount which that it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Top Ships Inc.)

Grossing-up for taxes. If the Borrower is Borrowers are required by law to make a tax deduction from any payment: (a) the Borrower Borrowers shall notify the Agent Lender as soon as it becomes aware of the requirement; (b) the Borrower Borrowers shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine tine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party the Lender receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the The Borrower shall notify the Agent as soon as it becomes aware of the requirement; (b) the The Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises; (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Grossing-up for taxes. If the a Borrower is required by law to make a tax deduction from any payment: (a) the Borrower that Bxxxxxxx shall notify the Agent as soon as it becomes aware of the requirement; (b) the that Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Navios Maritime Partners L.P.)

Grossing-up for taxes. If the Borrower is required by law to make a tax deduction from any payment: (a) the Borrower shall notify the Facility Agent as soon as it becomes aware of the requirement; (b) the Borrower shall pay the tax deducted to the appropriate taxation authority promptly, and in any event before any fine or penalty arises;; and (c) the amount due in respect of the payment shall be increased by the amount necessary to ensure that each Creditor Party receives and retains (free from any liability relating to the tax deduction) a net amount which, after the tax deduction, is equal to the full amount which it would otherwise have received.

Appears in 1 contract

Samples: Loan Agreement (Capital Product Partners L.P.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!