Common use of Payments Free and Clear Clause in Contracts

Payments Free and Clear. All sums payable by 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 other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified Tax), and if Guarantor is required by Applicable Law or by a Governmental Authority to make any such deduction or withholding, Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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.)

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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 Taxes other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified Tax), and if any Guarantor is required by Applicable Law or by a Governmental Authority to make any such deduction or withholding, such Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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, Fees, expenses, premiums or otherwise, shall be paid in full, without set set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than any Taxes withheld pursuant Taxes, subject to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxCredit Agreement), and if any Guarantor is required by Applicable Law or by a Governmental Authority to make any such deduction or withholding, such Guarantor shall shall, subject to Section 3.12. of the Credit Agreement, pay to the Agent Agent, the Lenders and the Lenders Swingline Lender such additional amount as will result in the receipt by the 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 Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than any Taxes withheld pursuant Taxes, subject to Section 3.123.10. of the Term Loan Agreement unless such Tax is an Indemnified TaxAgreement), and if such Guarantor is required by Applicable Law or by a any Governmental Authority to make any such deduction or withholding, subject to Section 3.10. of the 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 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, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxTaxes), and if such Guarantor is required by Applicable Law or by a any Governmental Authority to make any such deduction or withholding, provided the requirements set forth in Section 3.10 of the Term Loan Agreement are satisfied, such Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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 set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than any Taxes withheld pursuant Taxes, subject to Section 3.12. 3.10 of the Term Loan Agreement unless such Tax is an Indemnified TaxAgreement), and if such Guarantor is required by Applicable Law or by a any Governmental Authority to make any such deduction or withholding, subject to Section 3.10 of the Term 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)

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 set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, but excluding Taxes other than any Taxes required to be withheld pursuant to Section 3.12. 3.10 of the Term Loan Agreement unless such Tax is an Indemnified Tax), Agreement) and if such Guarantor is required by Applicable Law or by a any Governmental Authority to make any such deduction or withholding, withholding 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 set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxTaxes), and if such Guarantor is required by Applicable Law or by a any Governmental Authority to make any such deduction or withholdingwithholding 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: Guaranty (Pennsylvania Real Estate Investment Trust)

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Payments Free and Clear. All sums payable by the ----------------------- Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than withholding tax or liability imposed by any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxGovernmental Authority, or any Applicable Law promulgated thereby), and if the Guarantor is required by such Applicable Law or by a such Governmental Authority to make any such deduction or withholding, the Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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 the Guarantor hereunder, whether of principal, interest, Feesfees, expenses, premiums or otherwise, shall be paid in full, without set set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than withholding tax or liability imposed by any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxGovernmental Authority, or any Applicable Law promulgated thereby), and if the Guarantor is required by such Applicable Law or by a such Governmental Authority to make any such deduction or withholding, the Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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 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 Taxes other than taxes or liability imposed by any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxGovernmental Authority, or any Applicable Law promulgated thereby), and if any Guarantor is required by such Applicable Law or by a such Governmental Authority to make any such deduction or withholding, 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 set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes other than withholding tax or liability imposed by any Taxes withheld pursuant to Section 3.12. of the Term Loan Agreement unless such Tax is an Indemnified TaxGovernmental Authority, or any Applicable Law promulgated thereby), and if any Guarantor is required by such Applicable Law or by a such Governmental Authority to make any such deduction or withholding, such Guarantor shall pay to the Agent and the Lenders such additional amount as will result in the receipt by the 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/)

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