Common use of Grossing-up for taxes Clause in Contracts

Grossing-up for taxes. If at any time the Borrowers are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents, the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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 Borrowers shall promptly deliver to the Bank 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 11 contracts

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

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Grossing-up for taxes. If at any time the Borrowers are Guarantor is required to make any deduction or withholding in respect of Taxes from any payment due under any this Guarantee for the account of the Security DocumentsBank, the sum due from the Borrowers 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 Bank 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 Borrowers Guarantor shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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 Borrowers Guarantor shall promptly deliver to the Bank 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 9 contracts

Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Corporate Guarantee (Safe Bulkers, Inc.), Corporate Guarantee (Safe Bulkers, Inc.)

Grossing-up for taxes. If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents, the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Borrower shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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 Borrowers Borrower shall promptly deliver to the Bank 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 8 contracts

Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)

Grossing-up for taxes. If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security DocumentsDocuments for the account of the Bank, the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Borrower shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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 Borrowers Borrower shall promptly deliver to the Bank 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.), Loan Agreement (Aegean Marine Petroleum Network Inc.)

Grossing-up for taxes. If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Borrower’s Security Documents, the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Borrower shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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 Borrowers Borrower shall promptly deliver to the Bank 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 (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)

Grossing-up for taxes. If at any time the Borrowers or any of them are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents, the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the 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 Borrowers shall promptly deliver to the Bank 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: Supplemental Agreement, Supplemental Agreement (Gala Properties Inc.)

Grossing-up for taxes. If at any time the Borrowers or any of them are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security DocumentsDocuments for the account of the Bank, the sum due from the 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 Bank 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 Borrowers shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the 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 Borrowers shall promptly deliver to the Bank 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: Junior Loan Agreement (FreeSeas Inc.)

Grossing-up for taxes. If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents, the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Borrower shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers 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. payment The Borrowers Borrower shall promptly deliver to the Bank 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 (Safe Bulkers, Inc.)

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Grossing-up for taxes. If at any time the Borrowers are Shareholder is required to make any deduction or withholding in respect of Taxes from any payment due under any this Deed for the account of the Security DocumentsChargee, the sum due from the Borrowers Shareholder in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank Chargee 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 Borrowers Shareholder shall indemnify the Bank Chargee against any losses or costs incurred by it by reason of any failure of the Borrowers Shareholder 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 Borrowers Shareholder shall promptly deliver to the Bank Chargee 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: Second Supplemental Agreement (Seanergy Maritime Holdings Corp.)

Grossing-up for taxes. If at any time the Borrowers are Shareholder is required to make any deduction or withholding in respect of Taxes from any payment due under any this Deed for the account of the Security DocumentsBank, the sum due from the Borrowers Shareholder in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Shareholder shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers Shareholder 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 Borrowers Shareholder shall promptly deliver to the Bank 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 Borrowers are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents, the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers shall indemnify the Bank against any losses or costs incurred by it by reason of any failure of the Borrowers to make any such deduction or withholding or by reason of any increased payment not being made mads on the due date for such payment. The Borrowers shall promptly deliver to the Bank 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 (Top Tankers Inc.)

Grossing-up for taxes. If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any this Agreement for the account of the Security DocumentsBank, the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Bank 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 Borrowers Borrower shall indemnify the Bank against any losses or costs incurred by it the Bank by reason of any failure of the Borrowers 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 Borrowers Borrower shall promptly deliver to the Bank 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 (Advanced Tissue Sciences Inc)

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