Common use of Net After-Tax Basis Clause in Contracts

Net After-Tax Basis. Indemnification under Section 16.1 shall be in an amount necessary to make the Indemnified Party whole after taking into account any Tax consequences, on a net after-Tax basis (including, for example, taking into account the deductibility of an applicable underlying damage, cost or expense) to the Indemnified Party of the receipt of the indemnity provided hereunder (or of the incurrence of such applicable underlying damage, cost or expense), including the effect of such Tax or refund on the amount of Tax measured by net income or profits that is or was payable by the Indemnified Party.

Appears in 5 contracts

Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp), Loan Agreement (FS KKR Capital Corp), Loan Financing and Servicing Agreement (FS Investment Corp III)

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Net After-Tax Basis. Indemnification under Section 16.1 and Section 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any Tax consequences, on a net after-Tax basis (including, for example, taking into account the deductibility of an applicable underlying damage, cost or expense) to the Indemnified Party of the receipt of the indemnity provided hereunder (or of the incurrence of such applicable underlying damage, cost or expense), including the effect of such Tax or refund on the amount of Tax measured by net income or profits that is or was payable by the Indemnified Party.

Appears in 4 contracts

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund), Loan Financing and Servicing Agreement (Blackstone Private Credit Fund), Omnibus Amendment to Transaction Documents (Blackstone Private Credit Fund)

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Net After-Tax Basis. Indemnification under Section 16.1 shall be in an amount necessary to make the Indemnified Party whole after taking into account any Tax consequences, on a net after-Tax basis (including, for example, taking into account the deductibility of an applicable underlying damage, cost or expense) to the Indemnified Party of the receipt of the indemnity provided hereunder (or of the incurrence of such applicable underlying damage, cost or expense), including the effect of such Tax or refund on the amount of Tax measured by net income or profits that is or was payable by the Indemnified Party.. Article XXIIIArticle XVII

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp)

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