Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 6 contracts
Samples: Secured Facility Agreement, Secured Facility Agreement (Teekay LNG Partners L.P.), Facility Agreement (Teekay Corp)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 6 contracts
Samples: Loan Agreement, Loan Agreement, Secured Credit Facility (Teekay Offshore Partners L.P.)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers a Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, under a Finance Document, the Borrowers will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 3 contracts
Samples: Secured Loan Agreement (Poseidon Containers Holdings Corp.), Secured Loan Agreement (Baltic Trading LTD), Secured Loan Agreement (Baltic Trading LTD)
Grossing. up UP If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Teekay Offshore Partners L.P.)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers a Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers that Borrower will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties Agent and the Banks receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 2 contracts
Samples: Loan Facility Agreement (Mc Shipping Inc), Loan Facility Agreement (Mc Shipping Inc)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent Lender and, simultaneously with making that payment, will pay to the Agent Lender whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive Lender receives a net sum equal to the sum which they the Lender would have received had no deduction or withholding been made.
Appears in 2 contracts
Samples: Secured Loan Agreement (Paragon Shipping Inc.), Secured Loan Agreement (DryShips Inc.)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers a Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers that Borrower will promptly notify the Agent Bank and, simultaneously with making that payment, will pay to the Agent Bank whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive Bank receives a net sum equal to the sum which they it would have received had no deduction or withholding been made.
Appears in 1 contract
Samples: Loan Facility Agreement (Excel Maritime Carriers LTD)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties Agent and the Banks receive a net sum equal to the sum which they it would have received had no deduction or withholding been made.
Appears in 1 contract
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent Bank and, simultaneously with making that payment, will pay to the Agent Bank whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive Bank receives a net sum equal to the sum which they it would have received had no deduction or withholding been made.
Appears in 1 contract
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers Borrower will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 1 contract
Samples: Third Supplemental Agreement to Secured Loan Facility Agreement (Genco Shipping & Trading LTD)
Grossing. up If at any time any law requires (or is interpreted to require) the Borrowers a Borrower to make any deduction or withholding from any payment, or to change the rate or manner in which any required deduction or withholding is made, the Borrowers will promptly notify the Agent and, simultaneously with making that payment, will pay to the Agent whatever additional amount (after taking into account any additional Taxes on, or deductions or withholdings from, or restrictions or conditions on, that additional amount) is necessary to ensure that, after making the deduction or withholding, the relevant Finance Parties receive a net sum equal to the sum which they would have received had no deduction or withholding been made.
Appears in 1 contract