Common use of Payments to Be Free and Clear Clause in Contracts

Payments to Be Free and Clear. Except to the extent required by law, all sums payable by any Borrower under this Agreement and the other Loan Documents shall be paid free and clear of and without any deduction or withholding on account of any Covered Tax imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 4 contracts

Samples: Secured Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Inc /De/), Secured Credit Agreement (Oi Levis Park STS Inc)

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Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower under this Agreement and the other Loan Documents shall be paid free and clear of and (except to the extent required by any Legal Requirement) without any deduction or withholding on account of any Covered Tax (other than a Tax on the overall net income of any Lender) imposed, levied, collected, withheld withheld, or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 4 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of of, any Covered Non-Excluded Tax imposed, levied, collected, withheld or assessed by or within the United States of America or the United Kingdom or any political subdivision in or of the United States of America or the United Kingdom or any other jurisdiction from or to which a payment is made by or on behalf of such any Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or the United Kingdom or any such jurisdiction is a member at the time of payment.

Appears in 3 contracts

Samples: Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (NXS I LLC)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any the Borrower under this Agreement and the other Loan Credit Documents shall be paid free and clear of and (except to the extent required by law) without any deduction or withholding on account of any Covered Tax (other than franchise taxes and Taxes on the overall net income of any Bank) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such the Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 3 contracts

Samples: Credit Agreement (American Homepatient Inc), Credit Agreement (American Homepatient Inc), Credit Agreement (Capstone Pharmacy Services Inc)

Payments to Be Free and Clear. Except All sums payable by the Borrower hereunder and under the other Credit Documents shall (except to the extent required by law, all sums payable by any Borrower under this Agreement and the other Loan Documents shall ) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such the Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 3 contracts

Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.), Credit Agreement (National Semiconductor Corp)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation Borrowers or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment, all such non-excluded Taxes being hereinafter collectively referred to as "Included Taxes".

Appears in 3 contracts

Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC), Credit Agreement (Las Vegas Sands Inc)

Payments to Be Free and Clear. Except Subject to the extent required by lawprovisions of the following clause (ii), all sums payable by any Borrower under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 2 contracts

Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower ----------------------------- under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or Canada or any political subdivision in or of the United States of America or Canada or any other jurisdiction from or to which a payment is made by or on behalf of such any Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or Canada or any such jurisdiction is a member at the time of payment.

Appears in 2 contracts

Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any the Borrower under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such the Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 2 contracts

Samples: Term Loan Agreement (Hospira Inc), Bridge Loan Agreement (Hospira Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation Borrowers or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 2 contracts

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership), Credit Agreement (Northland Cable Properties Six LTD Partnership)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any each Borrower under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation Company or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (E Spire Communications Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower the Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the Overall Net Income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation the Borrowers or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)

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Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment, all such non-excluded Taxes being hereinafter collectively referred to as "Included Taxes".

Appears in 1 contract

Samples: Credit Agreement (Las Vegas Sands Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such a Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (Dominos Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation Borrowers or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment, all such non-excluded Taxes being hereinafter collectively referred to as "Included Taxes".

Appears in 1 contract

Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower Borrowers under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction outside the United States of America from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation Borrowers or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any Borrower ------------------------------ under this Agreement and the other Loan Documents shall (except to the extent required by law) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or Canada or any political subdivision in or of the United States of America or Canada or any other jurisdiction from or to which a payment is made by or on behalf of such any Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or Canada or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Payments to Be Free and Clear. Except to the extent required by law, all All sums payable by any the Borrower under this Agreement and the other Loan Credit Documents shall be paid free and clear of and (except to the extent required by law) without any deduction or withholding on account of any Covered Tax (other than franchise taxes and Taxes on the overall net income of any Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such the Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (American Homepatient Inc)

Payments to Be Free and Clear. Except All sums payable by or on behalf of Borrower hereunder and under the other Credit Documents shall (except to the extent required by law, all sums payable by any Borrower under this Agreement and the other Loan Documents shall ) be paid free and clear of of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Covered Tax Issuing Bank) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of such Borrower or in respect of any participation by any Lender in any Obligation or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

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