Indemnified Taxes. Any and all payments by or on account of any Obligation of any Credit Party under any Credit Document shall be made free and clear of and without deduction or withholding for or on account of any Indemnified Taxes; provided that if by law any Indemnified Taxes are required to be deducted or withheld from such payments, then (a) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to Indemnified Taxes payable under this Section 3.8) each Lender Party receives an amount equal to the sum it would have received had no such deductions and withholdings for Indemnified Taxes been made, (b) such Credit Party shall make such deductions and withholdings and (c) such Credit Party shall timely pay or cause to be paid the full amount deducted or withheld to the relevant Taxing Authority in accordance with Applicable Law. As soon as practicable after any payment of Indemnified Taxes or Other Taxes by a Credit Party to a Taxing Authority, such Credit Party shall deliver to Administrative Agent the original or a certified copy of a receipt issued by such Taxing Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
Indemnified Taxes. Any and all payments by or on account of any Obligation of any Credit Party under any Credit Document shall be made free and clear of and without deduction or withholding for or on account of any Indemnified Taxes; provided that if by law any Indemnified Taxes are required to be deducted or withheld from such payments, then then
(a) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to Indemnified Taxes payable under this Section 3.8) each Lender Party receives an amount equal to the sum it would have received had no such deductions and withholdings for Indemnified Taxes been made, (b) such Credit Party shall make such deductions and withholdings and (c) such Credit Party shall timely pay or cause to be paid the full amount deducted or withheld to the relevant Taxing Authority in accordance with Applicable Law. As soon as practicable after any payment of Indemnified Taxes or Other Taxes by a Credit Party to a Taxing Authority, such Credit Party shall deliver to Administrative Agent the original or a certified copy of a receipt issued by such Taxing Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy Partners LP)
Indemnified Taxes. Any and all payments by or on account of any Obligation obligation of any Credit Party under any Credit Loan Document shall be made free and clear of of, and without deduction or withholding for, any present or future Indemnified Taxes, except as required by Applicable Law (which, for purposes of this Section 3.5, includes FATCA). If any Applicable Law requires the deduction or on account withholding of any Indemnified Taxes; provided that if Tax from any payment by law any Credit Party, then Credit Parties agree: (i) to timely pay the full amount of such Indemnified Taxes are required to be deducted or withheld from such payments, then the relevant Governmental Authority in accordance with Applicable Law and (aii) that the sum payable by Credit Parties shall be increased as necessary so that after making all required deductions and withholdings such deduction or withholding has been made (including deductions and withholdings applicable to Indemnified Taxes additional sums payable under this Section 3.8) each 3.5(a)), the Lender Party receives an amount equal to the sum it would have received had no such deductions and or withholdings for Indemnified Taxes been made. Without duplication of any other obligation set forth in this Section 3.5 or in Section 3.3, (b) such the Credit Party shall make such deductions and withholdings and (c) such Credit Party Parties shall timely pay or cause to be paid the full amount deducted or withheld to the relevant Taxing Governmental Authority in accordance with Applicable Law, or at the option of the Lender timely reimburse it for the payment of, any Other Taxes. As soon as practicable after any payment of Indemnified Taxes or Other Taxes by a the Credit Party Parties to a Taxing AuthorityGovernmental Authority pursuant to this Section 3.5, such the Credit Party Parties shall deliver to Administrative Agent the Lender the original or a certified copy of a receipt issued by such Taxing Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to Administrative Agentthe Lender.
Appears in 1 contract
Indemnified Taxes. Any and all payments by or on account of any Obligation obligation of any Credit Party under any Credit Loan Document shall be made free and clear of of, and without deduction or withholding for, any present or future Indemnified Taxes, except as required by Applicable Law (which, for purposes of this Section 3.5, includes FATCA). If any Applicable Law requires the deduction or on account withholding of any Indemnified Taxes; provided that if Tax from any payment by law any Credit Party, then Credit Parties agree: (i) to timely pay the full amount of such Indemnified Taxes are required to be deducted or withheld from such payments, then the relevant Governmental Authority in accordance with Applicable Law and (aii) that the sum payable by Credit Parties shall be increased as necessary so that after making all required deductions and withholdings such deduction or withholding has been made (including deductions and withholdings applicable to Indemnified Taxes additional sums payable under this Section 3.8) each Lender Party 3.5(a)), the applicable Recipient receives an amount equal to the sum it would have received had no such deductions and or withholdings for Indemnified Taxes been made. Without duplication of any other obligation set forth in this Section 3.5 or in Section 3.3, (b) such the Credit Party shall make such deductions and withholdings and (c) such Credit Party Parties shall timely pay or cause to be paid the full amount deducted or withheld to the relevant Taxing Governmental Authority in accordance with Applicable Law, or at the option of the Administrative Agent timely reimburse it for the payment of, any Other Taxes. As soon as practicable after any payment of Indemnified Taxes or Other Taxes by a the Credit Party Parties to a Taxing AuthorityGovernmental Authority pursuant to this Section 3.5, such the Credit Party Parties shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Taxing Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (Blonder Tongue Laboratories Inc)