Common use of Tax Credit Clawback Clause in Contracts

Tax Credit Clawback. If any Finance Party makes any payment to the Company pursuant to Clause 12.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 16.8 (Tax Credit Paymentcredit payment) and such Finance Party subsequently determines, in its sole reasonable opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole reasonable opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company Borrower pursuant to Clause 12.3 (Tax Credit Payment) 14.4 and such Finance Party subsequently determines, certifies in its sole opinion, good faith that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company Borrower shall reimburse such Finance Party such amount as such Finance Party determines, determines in its sole opinion, good faith is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company pursuant to Clause 12.3 13.3 (Tax Credit PaymentCredit) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company shall Borrower will reimburse such Finance Party such amount as such Finance Party determines, in its sole opinionabsolute discretion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 10.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 ‎16.8 (Tax Credit Paymentcredit payment) and such Finance Party subsequently determines, in its sole reasonable opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole reasonable opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 16.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company Borrower pursuant to Clause 12.3 10.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company Borrower shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 15.8 (Tax Credit Paymentcredit payment) and such Finance Party subsequently determines, in its sole reasonable opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole reasonable opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 24.8 (Tax Credit Paymentcredit payment) and such Finance Party subsequently determines, in its sole reasonable opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole reasonable opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company an Obligor pursuant to Clause 12.3 15.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company such Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.

Tax Credit Clawback. If any Finance Party makes any payment to the Company Borrower pursuant to Clause 12.3 (Tax Credit Payment) 13.4 and such Finance Party subsequently determines, certifies in its sole opinion, good faith that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Company Borrower shall reimburse such Finance Party such amount as such Finance Party determines, determines in its sole opinion, good faith is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.