Common use of Payments Net of Certain Taxes Clause in Contracts

Payments Net of Certain Taxes. Any and all payments by any Credit Party to or for the account of any Lender or any Agent hereunder or under any other Senior Finance Document shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding any and all Excluded Taxes (all such non-Excluded Taxes being hereinafter referred to as “Taxes”). If any Credit Party shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Agreement or any other Senior Finance Document to any Lender or any Agent, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01) such Lender or such Agent receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party shall make such deductions and withholdings, (ii) such Credit Party shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party shall furnish to the Administrative Agent, at the Administrative Agent’s Office, the original or a certified copy of a receipt, if any, evidencing payment thereof or other documentation evidencing such payment.

Appears in 2 contracts

Samples: Credit Agreement (Hillman Companies Inc), Credit Agreement (Hillman Companies Inc)

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Payments Net of Certain Taxes. Any and all payments by any Credit Party to or for the account of any Lender or any Agent hereunder or under any other Senior Finance Document shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding any and all Excluded Taxes (all such non-Excluded Taxes being hereinafter referred to as “Taxes”). If any Credit Party shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Agreement or any other Senior Finance Document to any Lender or any Agent, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01) such Lender or such Agent receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party shall make such deductions and withholdings, (ii) such Credit Party shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party shall furnish to the Administrative Agent, at the Administrative Agent’s Office, the original or a certified copy of a receipt, if any, evidencing payment thereof or other documentation evidencing such payment.

Appears in 1 contract

Samples: Credit Agreement (Amf Bowling Worldwide Inc)

Payments Net of Certain Taxes. Any and all payments by any Credit Party to or for the account of any Lender or any Agent hereunder or under any other Senior Finance Document shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding any and all Excluded Taxes (all such non-Excluded Taxes being hereinafter referred to as "Taxes"). If any Credit Party shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Agreement or any other Senior Finance Document to any Lender or any Agent, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01) such Lender or such Agent receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party shall make such deductions and withholdings, (ii) such Credit Party shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party shall furnish to the Administrative Agent, at the Administrative Agent’s 's Office, the original or a certified copy of a receipt, if any, evidencing payment thereof or other documentation evidencing such payment.

Appears in 1 contract

Samples: Credit Agreement (Hillman Companies Inc)

Payments Net of Certain Taxes. Any and all payments by any Credit Party Guarantor to or for the account of any Lender or any Agent Finance Party hereunder or under any other Senior Finance Document or Swap Agreement shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and withholdings and all liabilities with respect thereto, excluding taxes imposed on or measured by the net income of, franchise or similar taxes imposed on, any and all Excluded Taxes Finance Party by a jurisdiction under the laws of which such Finance Party (or its Applicable Lending Office) is organized or licensed to do business or in which its principal executive office is located (all such non-Excluded Taxes nonexcluded taxes, duties, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as “Taxes”). If if any Credit Party Guarantor shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable hereunder or under this Agreement or any other Senior Finance Document or any Swap Agreement to any Lender or any AgentFinance Party, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01Section) such Lender or such Agent Finance Party receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party Guarantor shall make such deductions and withholdingsdeductions, (iiiii) such Credit Party Guarantor shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party Guarantor shall furnish to the Administrative Agent, at the Administrative Agent’s Officefor delivery to such Finance Party, the original or a certified copy of a receipt, if any, receipt evidencing payment thereof or other documentation evidencing such paymentthereof.

Appears in 1 contract

Samples: Credit Agreement (Global Cash Access Holdings, Inc.)

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Payments Net of Certain Taxes. Any and all payments by any Credit Party Guarantor to or for the account of any Lender or any Agent Finance Party hereunder or under any other Senior Finance Document or Swap Agreement shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and withholdings and all liabilities with respect thereto, excluding taxes imposed on or measured by the net income of, franchise or similar taxes imposed on, any and all Excluded Taxes Finance Party by a jurisdiction under the laws of which such Finance Party (or its Applicable Lending Office) is organized or licensed to do business or in which its principal executive office is located (all such non-Excluded Taxes nonexcluded taxes, duties, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as “Taxes”). If any Credit Party Guarantor shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable hereunder or under this Agreement or any other Senior Finance Document or any Swap Agreement to any Lender or any AgentFinance Party, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01Section) such Lender or such Agent Finance Party receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party Guarantor shall make such deductions and withholdingsdeductions, (iiiii) such Credit Party Guarantor shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party Guarantor shall furnish to the Administrative Agent, at the Administrative Agent’s Officefor delivery to such Finance Party, the original or a certified copy of a receipt, if any, receipt evidencing payment thereof or other documentation evidencing such paymentthereof.

Appears in 1 contract

Samples: Guaranty (Central Credit, LLC)

Payments Net of Certain Taxes. Any and all payments by any Credit Party to or for the account of any Lender or any Agent the Lenders hereunder or under any other Senior Finance Subordinated Debenture Document shall be made free and clear of and without deduction for any and all present or future taxes, duties, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding any and all Excluded Taxes (all such non-Excluded Taxes being hereinafter referred to as "Taxes"). If any Credit Party shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable under this Agreement or any other Senior Finance Subordinated Debenture Document to any Lender or any Agentthe Lenders, (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section 3.01) such any Lender or such Agent receives an amount equal to the sum it would have received had no such deductions or withholdings been made, (ii) such Credit Party shall make such deductions and withholdings, (ii) such Credit Party shall pay the full amount deducted or withheld to the relevant taxation authority or other authority in accordance with applicable law and (iv) such Credit Party shall furnish to the Administrative Agent, at the Administrative Agent’s OfficeLenders, the original or a certified copy of a receipt, if any, evidencing payment thereof or other documentation evidencing such payment.

Appears in 1 contract

Samples: Loan Agreement (Hillman Companies Inc)

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