Common use of Payments Free and Clear Clause in Contracts

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

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Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Fees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any TaxesTaxes other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified Tax), and if such Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfiedwithholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Fees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any TaxesTaxes other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified Tax), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfiedwithholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, provided the requirements set forth in Section 3.10 of the Credit Term Loan Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Guaranty (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Loan Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in withholding, subject to Section 3.10 3.10. of the Credit Agreement are satisfiedLoan Agreement, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (Equity Lifestyle Properties Inc), Guaranty (Equity Lifestyle Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.12. of the Credit Agreement), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding provided the requirements set forth in withholding, such Guarantor shall, subject to Section 3.10 3.12. of the Credit Agreement are satisfiedAgreement, such Guarantor shall pay to the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender such additional amount as will result in the receipt by the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Payments Free and Clear. All sums payable by each the Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxeswithholding tax or liability imposed by any Governmental Authority, or any Applicable Law promulgated thereby), and if such the Guarantor is required by such Applicable Law or by any such Governmental Authority to make any such deduction or withholding provided withholding, the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Security Capital Group Inc/)

Payments Free and Clear. All sums payable by each the ----------------------- Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxeswithholding tax or liability imposed by any Governmental Authority, or any Applicable Law promulgated thereby), and if such the Guarantor is required by such Applicable Law or by any such Governmental Authority to make any such deduction or withholding provided withholding, the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Security Capital Group Inc/)

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Payments Free and Clear. All sums payable by each Guarantor ----------------------- hereunder, whether of principal, interest, Fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxestaxes or liability imposed by any Governmental Authority, or any Applicable Law promulgated thereby), and if such any Guarantor is required by such Applicable Law or by any such Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfiedwithholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), but excluding Taxes required to be withheld pursuant to Section 3.10 of the Term Loan Agreement) and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Term Loan Agreement (STORE CAPITAL Corp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxeswithholding tax or liability imposed by any Governmental Authority, or any Applicable Law promulgated thereby), and if such any Guarantor is required by such Applicable Law or by any such Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfiedwithholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (Security Capital Group Inc/)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 3.10. of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10 of the Term Loan Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in withholding, subject to Section 3.10 of the Credit Agreement are satisfiedTerm Loan Agreement, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Term Loan Agreement (Washington Real Estate Investment Trust)

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