Special Tax Redemption. The Issuer will be entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of: (a) a change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or (b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes; provided, that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later of the announcement or effectiveness of any such change.
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Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer will be is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); -36- which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective after the issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer will be is entitled to redeem the Notes, at its option, at any time in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (a “Tax Redemption Date”) (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws (including any regulations promulgated under such laws, treaties or regulations ) of any Relevant Taxing Jurisdiction; oror A-5
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective on or after the date of issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer will be is entitled to redeem the Notes, at its option, at any time in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (a “Tax Redemption Date”) (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws (including any regulations promulgated under such laws, treaties or regulations ) of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective on or after the date of issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Samples: Supplemental Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer will be is entitled to redeem the Notes, at its option, at any time in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective on or after the date of issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer will be is entitled to redeem the Notes, at its option, at any time in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (a “Tax Redemption Date”) (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws (including any regulations promulgated under such laws, treaties or regulations ) of any Relevant Taxing Jurisdiction; oror B-5
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective on or after the date of issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer will be entitled to redeem the Notes, Notes at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a any change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes; provided, provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. -34- Notice of any such redemption must be given within 270 days of the later earlier of the announcement or effectiveness of any such change.
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