Common use of Tax Consolidation Undertakings Clause in Contracts

Tax Consolidation Undertakings. (a) Each of the Australian Borrower and each Australian Guarantor will not, and will ensure that each other member of the Australian Consolidated Group will not, (i) amend, modify or waive any rights under the Australian Tax Sharing Agreement or the Australian Tax Funding Agreement which would have an adverse effect of the rights and interests of any Agent or any Lender or (ii) terminate, repudiate, rescind or revoke the Australian Tax Sharing Agreement or the Australian Tax Funding Agreement, in each case, unless the Administrative Agent has provided its prior written consent.

Appears in 2 contracts

Samples: Credit Agreement (Genesee & Wyoming Inc), Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc)

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Tax Consolidation Undertakings. (a) Each of the Australian Borrower and each Australian Guarantor Guarantor, to the extent such Persons are members of the Australian Consolidated Group, will not, and will ensure that each other member of the Australian Consolidated Group will not, (i) amend, modify or waive any rights under the Australian Tax Sharing Agreement or the Australian Tax Funding Agreement which would have an adverse effect of the rights and interests of any Agent or any Lender or (ii) terminate, repudiate, rescind or revoke the Australian Tax Sharing Agreement or the Australian Tax Funding Agreement, in each case, unless the Administrative Agent has provided its prior written consent.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Genesee & Wyoming Inc), Syndicated Facility Agreement (Genesee & Wyoming Inc)

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