Common use of Grossing Clause in Contracts

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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 (Teekay Offshore Partners L.P.), Loan Agreement (Teekay LNG Partners L.P.)

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Grossing. up If at any time any law requires (or is interpreted to require) the Borrower 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 Borrower 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: Facility Agreement, Facility Agreement (Teekay Corp), Facility Agreement (Teekay Corp)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 Borrower 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: Loan Agreement (Poseidon Containers Holdings Corp.), Loan Agreement (Baltic Trading LTD), Loan Agreement (Baltic Trading LTD)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (DryShips Inc.)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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 Agreement (Mc Shipping Inc), Loan Agreement (Mc Shipping Inc)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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 Agreement (Excel Maritime Carriers LTD)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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 (Genco Shipping & Trading LTD)

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Grossing. up If at any time any law requires (or is interpreted to require) the 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 mademade under a Finance Documents, the 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: www.lw.com

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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 Agreement (Golar LNG LTD)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 Borrower 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

Samples: Loan Agreement (NewLead Holdings Ltd.)

Grossing. up If at any time any law requires (or is interpreted to require) the 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 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

Samples: Loan Agreement (Euroseas Ltd.)

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