Common use of Payments Free and Clear of Taxes, Etc Clause in Contracts

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any Lender, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law.

Appears in 2 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De)

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Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 of the Credit Agreement, made free and clear of and without deduction for any and all present or future Indemnified Taxes taxes (other than any taxes that are imposed on the Lender's overall net income by the United States and taxes that are imposed on the Lender's overall net income (and franchise taxes imposed in lieu thereof) by the state or Other other jurisdiction under the laws of which the Lender is organized or any political subdivision thereof) (the "Taxes"). If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any Lender, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and Agent the Lender have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such the Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions deductions, and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 2 contracts

Samples: Guaranty (Alliance Resource Partners Lp), Guaranty (Alliance Resource Partners Lp)

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 2.13 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to the Agent or any Lender, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 56), the Agent or such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.. EXHIBIT E FORM OF SUBSIDIARY GUARANTY

Appears in 2 contracts

Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

Payments Free and Clear of Taxes, Etc. (a) Any Except as set forth in this Section 5, any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 2.11 of the Credit Agreement, and free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any LenderSecured Party, (i) subject to Section 5(h), the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Administrative Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any the Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 2.10 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any the Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any the Lender, (i) the sum payable by such the Guarantor shall be increased as may be necessary so that after such the Guarantor and Agent have has made all required deductions (including deductions applicable to additional sums payable under this Section 5), such the Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such the Guarantor shall make all such deductions and (iii) such the Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Ohio Edison Co

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any LenderSecured Party, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Administrative Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Subsidiary Guaranty (Ames True Temper, Inc.)

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor to or for the account of any Secured Party under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any LenderSecured Party, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Paying Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (Steel Dynamics Inc)

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Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty Guaranty, the Credit Agreement, the Notes or any other Loan Document the Security Documents shall be made, in accordance with Section 2.12 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty Guaranty, the Credit Agreement, the Notes or any other Loan Document the Security Documents to any LenderCreditor, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Administrative Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Creditor receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Seacor Holdings Inc /New/)

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 2.11 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to the Borrower or any Lenderof its assignees, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and Agent the Borrower or its assignees have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender the Borrower and each of its assignees receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Payments Free and Clear of Taxes, Etc. (a) Any Except as set forth in this Section 5, any and all payments made by any Guarantor under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 2.11 of the Credit Agreement, and free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any LenderSecured Party, (i) subject to Section 5(h), the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Administrative Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Payments Free and Clear of Taxes, Etc. (a) Any and all payments made by any Guarantor to or for the account of any Secured Party under or in respect of this Guaranty or any other Loan Document shall be made, in accordance with Section 2.12 of the Credit Agreement, free and clear of and without deduction for any and all present or future Indemnified Taxes or Other Taxes. If any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable under or in respect of this Guaranty or any other Loan Document to any LenderSecured Party, (i) the sum payable by such Guarantor shall be increased as may be necessary so that after such Guarantor and the Administrative Agent have made all required deductions (including deductions applicable to additional sums payable under this Section 5), such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make all such deductions and (iii) such Guarantor shall pay the full amount deducted to the relevant Governmental Authority taxation authority or other authority in accordance with applicable law.

Appears in 1 contract

Samples: Steel Dynamics Inc

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