Payments Subject to Taxes. If any 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 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 (and in the case of a Restricted Subsidiary the Borrower shall cause such Restricted Subsidiary to do so) 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 13.2) the 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 Borrower shall, and the Borrower shall cause any Restricted Subsidiary to make any such deductions required to be made by it under Applicable Law; and (iii) the Borrower shall, and the Borrower shall cause any Restricted Subsidiary to timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.
Appears in 2 contracts
Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)
Payments Subject to Taxes. If any Obligor, the Agent, or any Lender Loan Party determines in good faith that it is required by Applicable Law (as determined in the good faith discretion of the applicable withholding agent) to deduct deduct, withhold or pay any Indemnified Taxes, or if any liability for Taxes (including any Other 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 an Obligor 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 Obligor Loan Party (and and, in the case of a Restricted Subsidiary Material Subsidiary, the Borrower shall cause such Restricted 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 deductions, withholdings and payments (including deductions deductions, withholdings and payments applicable to additional sums payable under this Section 13.2Section) 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 Restricted 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 the Borrower shall cause any Restricted 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 (PRECISION DRILLING Corp), Credit Agreement (PRECISION DRILLING Corp)
Payments Subject to Taxes. If any Borrower Group 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 or pay any Indemnified Taxes (including any Other Taxes) in respect of any payment by or on account of any obligation of an a Borrower Group Obligor hereunder or under any other Loan Document, then:
(i) the sum payable shall be increased by that Borrower Group Obligor (and in the case of a Restricted Subsidiary Material Subsidiary, the Borrower shall cause such Restricted Material Subsidiary to do so) 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 13.2Section) the 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 Borrower shall, and the Borrower shall cause any Restricted Material Subsidiary to make any such deductions required to be made by it under Applicable Law; and
(iii) the Borrower shall, and the Borrower shall cause any Restricted Material Subsidiary to timely pay the full amount required to be deducted to the relevant Governmental Authority in accordance with Applicable Law.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement