Common use of Payments Subject to Taxes Clause in Contracts

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 16 contracts

Samples: Third Amended and Restated Credit Agreement (Village Farms International, Inc.), Credit Agreement (Tilray, Inc.), Credit Agreement (Alithya Group Inc)

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Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this SectionARTICLE 18) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 4 contracts

Samples: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 3 contracts

Samples: Third Amending Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS), Credit Agreement (ATS Corp /ATS)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law Laws to deduct or withhold or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable to the Administrative Agent or Lender, as applicable, shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions deductions, withholdings and payments (including deductions deductions, withholdings and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions deductions, withholdings or payments been required, (ii) the Obligor shall make any such deductions or withholdings required to be made by it under Applicable Law Laws and (iii) the Obligor shall timely pay the full amount required to be deducted or withheld by it to the relevant Governmental Authority in accordance with Applicable LawLaws.”

Appears in 3 contracts

Samples: Third Amending Agreement (ATS Corp /ATS), Credit Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS)

Payments Subject to Taxes. All payment by the Company hereunder shall be made free and clear of and without deduction or withholding for any and all Indemnified Taxes (including Other Taxes) paid or payable by the Holder or required to be withheld from a payment to the Holder, unless such Indemnified Taxes or Other Taxes are required by law or the administration thereof to be withheld or deducted. If any Obligor, the Administrative Agent, or any Lender Holder is required by Applicable Law applicable law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Documentthe Company hereunder, then (i) the sum payable by the Company shall be increased by that Obligor when payable such amount as is necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this SectionSection 5) the Administrative Agent or Lender, as the case may be, Holder receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Company shall make any such deductions required to be made by it under Applicable Law applicable law and (iii) the Obligor Company shall timely pay the full amount required to be deducted to the relevant Governmental Authority governmental authority in accordance with Applicable Lawapplicable law.

Appears in 3 contracts

Samples: Security Agreement (Delcath Systems, Inc.), Security Agreement (Delcath Systems, Inc.), Security Agreement (Delcath Systems, Inc.)

Payments Subject to Taxes. If any ObligorCredit Party, the Administrative Agent, Agent or any Lender is required by Applicable Law to deduct or pay withhold any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor a Credit Party hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor Credit Party when payable as necessary so that after making or allowing for all required deductions and payments withholds (including deductions and payments withholds applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments withholds been required, (ii) the Obligor Credit Party shall make any such deductions or withholds required to be made by it under Applicable Law and (iii) the Obligor Credit Party shall timely pay the full amount required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 3 contracts

Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Funding LLC), Credit Agreement (Midamerican Funding LLC)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan DocumentFinancing Agreement, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 2 contracts

Samples: Second Amended and Restated Loan Agreement (Andersons, Inc.), Loan Agreement (Andersons, Inc.)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (ia) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (iib) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iiic) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.. (2)

Appears in 2 contracts

Samples: Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.. (b)

Appears in 1 contract

Samples: Credit Agreement (Alithya Group Inc)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan DocumentFinancing Agreement, then then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Loan Agreement (Andersons, Inc.)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary and subject to the provisions of Section 3.6 so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement

Payments Subject to Taxes. If any ObligorObliger , the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor Obliger hereunder or under any other Loan DocumentDocument , then ({i) the sum payable shall be increased by that Obligor Obliger when payable as necessary so that after making or allowing for all required deductions deduct ions and payments ({including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been requiredrequired , (ii) the Obligor Obliger shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor Obliger shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable LawLaw .

Appears in 1 contract

Samples: Credit Agreement (Village Farms International, Inc.)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the that Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the that Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement

Payments Subject to Taxes. If any Obligorthe Borrower, the Administrative Agent, Agent or any Lender is required by Applicable Law to deduct or pay withhold any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor the Borrower hereunder or under any other Loan Credit Document, then (i) in the case of Indemnified Taxes the sum payable shall be increased by that Obligor the Borrower when payable as necessary so that after making or allowing for all required deductions and payments withholdings (including deductions and payments withholdings on account of Indemnified Taxes applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments withholdings been required, (ii) the Obligor Borrower shall make any such deductions or withholdings required to be made by it under Applicable Law and (iii) the Obligor Borrower shall timely pay the full amount required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Co)

Payments Subject to Taxes. If any Obligorthe Borrower, the Administrative Agent, Agent or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor the Borrower hereunder or under any other Loan Credit Document, then (i) the sum payable shall be increased by that Obligor the Borrower when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Borrower shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor Borrower shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

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Payments Subject to Taxes. If any Obligorthe Borrower, the Administrative Agent, Agent or any Lender is required by Applicable Law to deduct or pay withhold any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor the Borrower hereunder or under any other Loan Credit Document, then (i) in the case of Indemnified Taxes the sum payable shall be increased by that Obligor the Borrower when payable as necessary so that after making or allowing for all required deductions and payments withholdings (including deductions and payments withholdings on account of Indemnified Taxes applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments withholdings been required, (ii) the Obligor Borrower shall make any such deductions or withholdings required to be made by it under Applicable Law and (iii) the Obligor Borrower shall timely pay the full amount required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Co)

Payments Subject to Taxes. If any Obligorthe Borrower, the Administrative Agent, Agent or any Lender is required by Applicable Law to deduct or pay withhold any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor the Borrower hereunder or under any other Loan Document, then (i) in the case of Indemnified Taxes the sum payable shall be increased by that Obligor the Borrower when payable as necessary so that after making or allowing for all required deductions and payments withholdings (including deductions and payments withholdings on account of Indemnified Taxes applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments withholdings been required, (ii) the Obligor Borrower shall make any such deductions or withholdings required to be made by it under Applicable Law and (iii) the Obligor Borrower shall timely pay the full amount required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Co)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this SectionARTICLE 17) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (GFL Environmental Inc.)

Payments Subject to Taxes. If any ObligorObliger, the Administrative Agent, or any Lender lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor Obliger hereunder or under any other Loan loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lenderlender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Obliger shall make any such deductions required to be made by it under Applicable Law law and (iii) the Obligor Obliger shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Lawlaw.

Appears in 1 contract

Samples: Credit Agreement (Village Farms International, Inc.)

Payments Subject to Taxes. If any ObligorCompany, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor a Company hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor Company when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Company shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor Company shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Motorcar Parts America Inc)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (i) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless Inc)

Payments Subject to Taxes. If any Obligor, the Administrative Agent, or any Lender is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor hereunder or under any other Loan Document, then (ia) the sum payable shall be increased by that Obligor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) CREDIT AGREEMENT LEGAL_43503785.7 the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (iib) the Obligor shall make any such deductions required to be made by it under Applicable Law and (iiic) the Obligor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.. (2)

Appears in 1 contract

Samples: Credit Agreement (Lithia Motors Inc)

Payments Subject to Taxes. If any Obligorthe Borrower, the Administrative Agent, or any Lender is required by Applicable any Requirement of Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation Obligation of an Obligor the Borrower hereunder or under any other Loan Credit Facility Document, then (i) the sum payable shall be increased by that Obligor the Borrower when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or Lender, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Borrower shall make any such deductions required to be made by it under Applicable any Requirement of Law and (iii) the Obligor Borrower shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable any Requirement of Law.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Payments Subject to Taxes. If any Obligorthe Guarantor, the Administrative Agent, Agent or any Lender Secured Creditor is required by Applicable Law to deduct or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an Obligor the Guarantor hereunder or under any other Loan Credit Document, then (i) the sum payable shall be increased by that Obligor the Guarantor when payable as necessary so that after making or allowing for all required deductions and payments (including deductions and payments applicable to additional sums payable under this Section) the Administrative Agent or LenderSecured Creditor, as the case may be, receives an amount equal to the sum it would have received had no such deductions or payments been required, (ii) the Obligor Guarantor shall make any such deductions required to be made by it under Applicable Law and (iii) the Obligor Guarantor shall timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 1 contract

Samples: Parent Guarantee (Entertainment Properties Trust)

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