Refunds of Tax Sample Clauses

Refunds of Tax. To the extent Northwest prepares and/or is responsible for pursuing any refunds or refund claims related to Pinnacle’s fuel, excise, sales, use, value-added or similar transactional taxes, Northwest shall be entitled to retain one hundred percent (100%) of the amount of any such refund, credit or other benefit. To the extent Pinnacle prepares or is responsible for pursuing any such refunds or refund claims, Pinnacle shall retain thirty percent (30%) of the amount of any such refund, credit or other benefit (inclusive of interest) it receives, and the remaining seventy percent (70%) (inclusive of interest) shall be paid to Northwest within ten (10) days of its receipt or recognition of benefit by Pinnacle. Any refunds, credits or other benefits received related to Pinnacle’s property taxes will be retained by Pinnacle and will act to reduce Pinnacle’s direct expenses pursuant to Section 5.06(l).
AutoNDA by SimpleDocs
Refunds of Tax. To the extent Delta prepares and/or is responsible for pursuing any refunds or refund claims related to Pinnacle’s or Mesaba’s fuel, excise, sales, use, value-added or similar transactional taxes, Delta shall be entitled to retain one hundred percent (100%) of the amount of any such refund, credit or other benefit. To the extent Pinnacle or Mesaba prepares or is responsible for pursuing any such refunds or refund claims, Pinnacle and Mesaba, together, shall retain thirty percent (30%) of the amount of any such refund, credit or other benefit (inclusive of interest) it receives, and the remaining seventy percent (70%) (inclusive of interest) shall be paid to Delta within ten (10) days of its receipt or recognition of benefit by Pinnacle or Mesaba. Any refunds, credits or other benefits received related to Pinnacle’s or Mesaba’s property taxes will be retained by Pinnacle and Mesaba and will act to reduce Pinnacle’s and Mesaba’s direct expenses pursuant to Section 5.06(l).
Refunds of Tax. Pinnacle shall use its reasonable best efforts to seek any and all applicable refunds or credits of excise, sales, use, value-added, or similar transactional taxes paid by Pinnacle that are reimbursed by Northwest pursuant to this Agreement. Pinnacle shall retain ten percent (10%) of the amount of any such refund, credit or other benefit (inclusive of interest) it receives, and the remaining ninety percent (90%) (inclusive of interest) shall be paid to Northwest within ten (10) days of its receipt or recognition of benefit by Pinnacle.
Refunds of Tax. To the extent Delta prepares and/or is responsible for pursuing any refunds or refund claims related to Pinnacle’s fuel, excise, sales, use, value-added or similar transactional taxes, Delta shall be entitled to retain one hundred percent (100%) of the amount of any such refund, credit or other benefit. To the extent Pinnacle prepares or is responsible for pursuing any such refunds or refund claims, Pinnacle, together, shall retain thirty percent (30%) of the amount of any such refund, credit or other benefit (inclusive of interest) it receives, and the remaining seventy percent (70%) (inclusive of interest) shall be paid to Delta within ten (10) days of its receipt or recognition of benefit by Pinnacle. Any refunds, credits or other benefits received related to Pinnacle’s property taxes will be retained by Pinnacle and will act to reduce Pinnacle’s direct expenses pursuant to Section 5.06(l).
Refunds of Tax. If a Recipient determines in its reasonable discretion that it has received a refund of Taxes that were indemnified pursuant to this Section 2.13 or with respect to which any Obligor paid additional amounts pursuant to this Section 2.13, it shall pay the amount of such refund to Borrower (but only to the extent of indemnity payments or additional amounts actually paid by the Obligors with respect to the Taxes giving rise to the refund), net of all out-of-pocket expenses (including Taxes) incurred by such Recipient and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund). The Obligors shall, upon request by the Recipient, repay to the Recipient such amount paid over to the Obligors (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) if the Recipient is required to repay such refund to the Governmental Authority. Notwithstanding anything herein to the contrary, no Recipient shall be required to pay any amount to the Obligors if such payment would place it in a less favorable net after-Tax position than it would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid.
Refunds of Tax. If any relevant Borrower pays to any Lender any additional amount under clause 11.1 (Gross up) by reason of a deduction or withholding for or on account of Taxes and that Lender actually obtains a refund of Tax, or credit against Tax, by reason of the payment of that additional amount and that Lender is able to identify such refund or credit as being attributable to that payment, then the Lender obtaining such refund or credit (the "Recipient Lender") will reimburse to such Borrower such amount as the Recipient Lender determines to be the proportion of the credit or refund in question as will leave the Recipient Lender (after that reimbursement) in no better or worse position than that in which it would have been had the payment of the additional amount concerned not been required, but the Recipient Lender need not make any reimbursement if it believes the making of the reimbursement will cause it to lose the benefit of the credit or refund or any other relief or allowance which may be available to it. Each Lender will have an absolute discretion as to whether to claim any credit for or refund of Taxes and, if it does claim, the extent, order and manner in which it does so. No Lender will be obliged to disclose any information regarding its Tax affairs or computations to any relevant Borrower.
Refunds of Tax. To the extent Northwest prepares and/or is responsible for pursuing any refunds or refund claims related to Mesaba’s aviation fuel, excise, sales, use, value-added or similar transactional taxes, Northwest shall be entitled to retain *** of the amount of any such refund, credit or other benefit. To the extent Mesaba prepares or is responsible for pursuing any such refunds or refund claims, Mesaba shall retain *** of the amount of any such refund, credit or other benefit (inclusive of interest) it receives, and the remaining *** (inclusive of interest) shall be paid to Northwest within ten (10) days of its receipt or recognition of benefit by Mesaba. Any refunds, credits or other benefits received related to Mesaba’s property taxes on Avro Regional Jet Aircraft and aircraft parts will be remitted to Northwest within ten (10) days of its receipt or recognition of benefit by Mesaba. All other refunds, credits or other benefits received related to Mesaba’s property taxes will be retained by Mesaba.
AutoNDA by SimpleDocs
Refunds of Tax. If the adjustments agreed upon with the IRS result in a refund of taxes to a Consolidated Subsidiary, Parent shall pay to such Subsidiary interest from the original due date of the return with respect to which such refund relates to the date on which Parent received final settlement from the IRS for the adjustment to taxes and shall be calculated at the rates used for the period or periods in question by the IRS. The refund of interest shall be computed for such Consolidated Subsidiary without regard to the refund of or liability for interest of the Consolidated Group. Parent shall refund any tax and interest due such Consolidated Subsidiary within fifteen (15) days after receiving final settlement from the IRS.

Related to Refunds of Tax

  • Payment of Taxes The Company shall from time to time promptly pay all taxes and charges that may be imposed upon the Company or the Warrant Agent in respect of the issuance or delivery of shares of Common Stock upon the exercise of the Warrants, but the Company shall not be obligated to pay any transfer taxes in respect of the Warrants or such shares of Common Stock.

  • Apportionment of Taxes If the Acquired Company is permitted, but not required, under applicable foreign, state or local Income Tax Laws to treat the Closing Date as the last day of a taxable period, such day shall be treated as the last day of a taxable period. All Taxes and Tax liabilities with respect to the Acquired Company that relate to a Straddle Period shall be apportioned between the Pre-Closing Tax Period and the Post-Closing Tax Period as follows: (a) in the case of Taxes that are either (i) based upon or measured by reference to income, receipts, profits, capital, or net worth (including sales and use Taxes), (ii) imposed in connection with any sale or other transfer or assignment of property (real or personal, tangible or intangible), other than conveyances pursuant to this Agreement (as provided under Section 7.7.6), or (iii) required to be withheld, such Taxes apportioned to the Pre-Closing Tax Period shall be deemed equal to the amount which would be payable if the Tax year (or other Tax reporting period to the extent such Taxes are reported and paid other than on an annual basis) ended at the end of the day on the Closing Date; and (b) in the case of all other Taxes, such Taxes apportioned to the Pre-Closing Tax Period shall be deemed to be the amount of such Taxes for the entire period (or, in the case of such Taxes determined on an arrears basis, the amount of such Taxes for the immediately preceding period), multiplied by a fraction, the numerator of which is the number of calendar days in the period ending on the Closing Date and the denominator of which is the number of calendar days in the entire period. Notwithstanding anything to the contrary in this Agreement, (A) any deduction attributable to any Selling Expenses (including any amount that would have been included in calculating Selling Expenses but for the fact that such amount was paid prior to the Closing) shall be allocated to the Pre-Closing Tax Period to the extent permitted by applicable Laws, (B) any Taxes attributable to any action taken by Buyer or the Acquired Company on or after the Closing Date that is not in the ordinary course of business shall be allocated to the taxable period beginning after the Closing on the Closing Date, and (C) for the avoidance of doubt, payment of any and all Taxes and Tax-related expenses attributable to any action taken by the Acquired Company or Seller pursuant to Sections 2.3.2, 2.3.3 and 2.3.4 of this Agreement shall be the responsibility of Seller.

  • Payment of Taxes, Etc Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if unpaid, might by law become a Lien upon its property; provided, however, that neither the Borrower nor any of its Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

  • Payment of Tax A Party receiving a payment pursuant to this Article 8 shall pay any and all taxes levied on such payment. If applicable Law requires that taxes be deducted and withheld from a payment made pursuant to this Article 8, the remitting Party shall promptly notify the other Party and provide all relevant information available to it and (i) deduct those taxes from the payment; (ii) pay the taxes to the proper taxing authority; and (iii) send evidence of the obligation together with proof of payment to the other Party within sixty (60) days following that payment.

  • Proration of Taxes For purposes of this Agreement, in the case of any Straddle Period, (a) Property Taxes for the Pre-Closing Tax Period shall be equal to the amount of such Property Taxes for the entire Straddle Period multiplied by a fraction, the numerator of which is the number of days during the Straddle Period that are in the Pre-Closing Tax Period and the denominator of which is the number of days in the entire Straddle Period, and (b) Taxes (other than Property Taxes) for the Pre-Closing Tax Period shall be computed as if such taxable period ended as of the close of business on the Closing Date.

  • Deduction of Tax It is not required to make any deduction for or on account of Tax from any payment it may make under any Finance Document.

  • Evidence of payment of taxes Within 1 month after making any tax deduction, the Borrower concerned shall deliver to the Agent documentary evidence satisfactory to the Agent that the tax had been paid to the appropriate taxation authority.

  • Allocation of Taxes For purposes of determining the amount of Taxes that relate to Pre-Closing Tax Periods and Straddle Periods for purposes of any obligation to indemnify for Taxes under Section 4.2(b) the parties agree to use the following conventions: (1) Taxes in the form of interest, penalties, additions to tax or other additional amounts that are actually incurred, accrued, assessed or similarly charged on or after the Closing Date but that relate to Taxes that accrued on or before the Closing Date shall be treated as occurring prior to the Closing Date; (2) Except for Taxes for which the Operating Partnership is responsible hereunder and for real estate taxes (apportioned pursuant to Section 1.5), for all Taxes that are payable with respect to any Straddle Period, the portion of such Tax that is attributable to the portion of the Straddle Period ending on the Closing Date shall be allocated between the portion of the period ending on the Closing Date and the portion of the period beginning after the Closing Date using the following conventions: (i) in the case of such Taxes resulting from, or imposed on, net or gross income, Taxes resulting from, or imposed on, any sale, receipt, use, transfer or assignments of property or other asset, or Taxes resulting from, or imposed on, any payment or accrual of any amounts (including, without limitation, dividends, interest, or wages), the amount allocated to the portion of the period ending on the Closing Date shall be the amount of Tax that would be payable for such portion of the Straddle Period if such Person filed a separate Tax Return with respect to such Taxes or Taxes solely for the portion of the Straddle Period ending on the Closing Date using a “closing of the books” methodology for allocating items of such Tax Return; and (ii) in the case of all other such Taxes, the amount allocated to the portion of the period ending on the Closing Date shall equal to the amount of Taxes for the entire Straddle Period multiplied by a fraction the numerator of which is the number of calendar days in the portion of the period ending on the Closing Date and the denominator of which is the number of calendar days in the entire Straddle Period. For purposes of clause (1), any item determined on an annual or periodic basis (including amortization and depreciation deductions and the effects of graduated rates) shall be allocated to the portion of the Straddle Period ending on the Closing Date based on the relative number of days in such portion of the Straddle Period as compared to the number of days in the entire Straddle Period.

  • Payment of Taxes and Assessments The lessee shall pay prior to delinquency all taxes and assessments accruing against the leasehold.

  • Payment of Taxes and Charges All shares of Common Stock issuable upon the exercise of this Warrant pursuant to the terms hereof shall be validly issued, fully paid and nonassessable, and without any preemptive rights. The Company shall pay all expenses in connection with, and all taxes and other governmental charges that may be imposed with respect to, the issue or delivery thereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!