Common use of Payments Subject to Taxes Clause in Contracts

Payments Subject to Taxes. If any Loan Party determines in good faith that it is required by Applicable Law to deduct, withhold or pay any Taxes, or if any liability for Taxes shall be imposed on the Agent or a Lender or shall arise against the Agent or a Lender from or in respect of any payment by or on account of any obligation of a Loan Party hereunder or under any other Loan Document, then: (i) if such Taxes are Indemnified Taxes, the sum payable shall be increased by that Loan Party (and, in the case of a Material Subsidiary, the Borrower shall cause such Material Subsidiary to do so) by an amount (and, in the case of interest, the interest increased) when payable as necessary so that after making or allowing for all required deductions, withholdings and payments (including deductions, withholdings and payments applicable to additional sums payable under this Section) the Agent or such 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 Borrower shall, and shall cause any Material Subsidiary to, make any such deductions or withholdings required to be made by it under Applicable Law; and (iii) the Borrower shall, and shall cause any Material Subsidiary to, timely pay the full amount of Taxes required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 2 contracts

Samples: Credit Agreement (PRECISION DRILLING Corp), Credit Agreement (PRECISION DRILLING Corp)

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Payments Subject to Taxes. If any Loan Party determines in good faith that it Obligor, the Agent, or any Lender is required by Applicable Law (as determined in the good faith discretion of the applicable withholding agent) to deduct, withhold deduct or pay any Indemnified Taxes (including any Other Taxes, or if any liability for Taxes shall be imposed on the Agent or a Lender or shall arise against the Agent or a Lender from or ) in respect of any payment by or on account of any obligation of a Loan Party an Obligor hereunder or under any other Loan Document, then: (i) if such Taxes are Indemnified Taxes, the sum payable shall be increased by that Loan Party Obligor (and, and in the case of a Material Subsidiary, Restricted Subsidiary the Borrower shall cause such Material Restricted Subsidiary to do so) by an amount (and, in the case of interest, the interest increased) when payable as necessary so that after making or allowing for all required deductions, withholdings deductions and payments (including deductions, withholdings deductions and payments applicable to additional sums payable under this SectionSection 13.2) the Agent or such 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 Borrower shall, and the Borrower shall cause any Material Restricted Subsidiary to, to make any such deductions or withholdings required to be made by it under Applicable Law; and (iii) the Borrower shall, and the Borrower shall cause any Material Restricted Subsidiary to, to timely pay the full amount of Taxes required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

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Payments Subject to Taxes. If any Loan Party determines in good faith that it Borrower Group Obligor, the Agent, or any Lender is required by Applicable Law to deduct, withhold deduct or pay any Indemnified Taxes (including any Other Taxes, or if any liability for Taxes shall be imposed on the Agent or a Lender or shall arise against the Agent or a Lender from or ) in respect of any payment by or on account of any obligation of a Loan Party Borrower Group Obligor hereunder or under any other Loan Document, then: (i) if such Taxes are Indemnified Taxes, the sum payable shall be increased by that Loan Party Borrower Group Obligor (and, and in the case of a Material Subsidiary, the Borrower shall cause such Material Subsidiary to do so) by an amount (and, in the case of interest, the interest increased) when payable as necessary so that after making or allowing for all required deductions, withholdings deductions and payments (including deductions, withholdings deductions and payments applicable to additional sums payable under this Section) the Agent or such 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 Borrower shall, and shall cause any Material Subsidiary to, to make any such deductions or withholdings required to be made by it under Applicable Law; and (iii) the Borrower shall, and shall cause any Material Subsidiary to, to timely pay the full amount of Taxes required to be deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

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