Common use of Grossing-up for taxes Clause in Contracts

Grossing-up for taxes. If at any time the Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guarantee), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor shall indemnify the Security Agent against any losses or costs incurred by it by reason of any failure of the Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 4 contracts

Samples: Loan Agreement (Poseidon Containers Holdings Corp.), Supplemental Agreement (Diana Shipping Inc.), Loan Agreement (Euronav NV)

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Grossing-up for taxes. If at any time the Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee for the account of the Security Agent Mortgagees (or if the Security Agent is required to make any such deduction or withholding from a payment to a another Secured Creditor of moneys received under this Guarantee), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor other Mortgagee receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor shall indemnify the Security Agent each Mortgagee against any losses or costs incurred by it by reason of any failure of the Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 2 contracts

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

Grossing-up for taxes. If at any time the Guarantor is required to make any deduction or withholding in respect of Taxes or because of FATCA from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guarantee), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, or (as the case may be, such ) the relevant Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor shall indemnify the Security Agent or (as the case may be) the relevant Secured Creditor against any losses or costs incurred by it by reason of any failure of the Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 2 contracts

Samples: Loan Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)

Grossing-up for taxes. If at any time the Guarantor is required to make any deduction or withholding in respect of Taxes or because of FATCA from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guarantee), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor shall indemnify the Security Agent or (as the case may be) the relevant Secured Creditor against any losses or costs incurred by it by reason of any failure of the Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 2 contracts

Samples: Loan Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)

Grossing-up for taxes. If at any time the Guarantor a Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee Agreement or any of the other Security Documents for the account of any Lender, the Security Arrangers or the Facility Agent (or if the Security Facility Agent is required to make any such deduction or withholding from a payment to an Arranger or a Secured Creditor of moneys received under this GuaranteeLender), the sum due from the Guarantor such Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Lender, each Arranger and the Security Facility Agent or, as the case may be, such Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) ), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor such Borrower shall indemnify the Security Agent each Lender against any losses or costs incurred by it by reason of any failure of the Guarantor that Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor relevant Borrower shall promptly deliver to the Security Facility Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Facility Agreement (Gulfmark Offshore Inc)

Grossing-up for taxes. If Subject to clause 8.6, if at any time the Guarantor any Obligor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee Agreement and/or the Security Documents for the account of the Security Agent any Finance Party (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guaranteethe Security Trustee or Lender), the sum due from the Guarantor relevant Obligor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor each Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor relevant Obligor shall indemnify the Security Agent each Finance Party against any losses or costs incurred by it any of them by reason of any failure of the Guarantor such Obligor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor relevant Obligor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any such deduction or withholding as aforesaidwithholding.

Appears in 1 contract

Samples: Loan Agreement (Carrier1 International S A)

Grossing-up for taxes. If at any time the a Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor Finance Party of moneys received under this Guarantee), the sum due from the that Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the each Guarantor shall indemnify the Security Agent against any losses or costs incurred by it by reason of any failure of the that Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Each Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: On Delivery Buyer Credit Facility Agreement (DryShips Inc.)

Grossing-up for taxes. If at any time the Guarantor Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee Agreement or any of the other Security Documents for the account of any Lender, the Security Arranger or the Facility Agent (or if the Security Facility Agent is required to make any such deduction or withholding from a payment to the Arranger or a Secured Creditor of moneys received under this GuaranteeLender), the sum due from the Guarantor Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Lender, the Security Arranger and the Facility Agent or, as the case may be, such Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) ), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor Borrower shall indemnify the Security Agent each Lender against any losses or costs incurred by it by reason of any failure of the Guarantor Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor Borrower shall promptly deliver to the Security Facility Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)

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Grossing-up for taxes. If at any time the a Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor Finance Party of moneys received under this Guarantee), the sum due from the that Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured Creditor Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the each Guarantor shall indemnify the Security Agent and any of the Finance Parties against any losses or costs incurred by it by reason of any failure of the that Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Each Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: On Delivery Facility Agreement (Paragon Shipping Inc.)

Grossing-up for taxes. If at any time the Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee for the account of the Security Agent (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guarantee), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, or (as the case may be, such ) the relevant Secured Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor shall indemnify the Security Agent or (as the case may be) the relevant Secured Creditor against any losses or costs incurred by it by reason of any failure of the Guarantor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Grossing-up for taxes. If at any time the Guarantor is Borrowers or either of them are required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee any of the Security Documents for the account of the Security Agent (any Creditor or if the Agent or the Security Agent is required to make any such deduction or withholding from a payment to a Secured another Creditor or withholding in respect of moneys received Taxes from any payment due under this Guarantee)any of the Security Documents, the sum due from the Guarantor Borrowers or either of them in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) ), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor Borrowers shall indemnify the Security Agent each Creditor against any losses or costs incurred by it by reason of any failure of the Guarantor Borrowers or either of them to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor Borrowers shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Grossing-up for taxes. If at any time the Guarantor is Borrowers or any of them are required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee any of the Security Documents for the account of the Security Agent (any Creditor or if the Agent or the Security Agent is required to make any such deduction or withholding from a payment to a Secured another Creditor or withholding in respect of moneys received Taxes from any payment due under this Guarantee)any of the Security Documents, the sum due from the Guarantor Borrowers or any of them in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Agent or, as the case may be, such Secured relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) ), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor Borrowers shall indemnify the Security Agent each Creditor against any losses or costs incurred by it by reason of any failure of the Guarantor Borrowers or any of them to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor Borrowers shall promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Grossing-up for taxes. If at any time the Guarantor Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under this Guarantee any of the Security Documents for the account of any Lender, the Agent or the Security Agent Trustee (or if the Security Agent is required to make any such deduction or withholding from a payment to a Secured Creditor of moneys received under this Guarantee), any Lender or the Security Trustee) the sum due from the Guarantor Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Lender, the Agent and the Security Agent or, as the case may be, such Secured Creditor Trustee receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) ), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Guarantor Borrower shall indemnify each Lender, the Agent and the Security Agent Trustee against any losses or costs incurred by it by reason of any failure of the Guarantor Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Guarantor Borrower shall upon the Agent's reasonable demand promptly deliver to the Security Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (American Eagle Tankers Inc LTD)

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