Common use of Tax Credit Clawback Clause in Contracts

Tax Credit Clawback. If any Finance Party makes any payment to an Obligor pursuant to Clause 9.3 (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that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Obligor shall reimburse such Finance Party such amount as such Finance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 an Obligor pursuant to Clause 9.3 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that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the such Obligor shall reimburse such Finance Party such amount as such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 an Obligor pursuant to Clause 9.3 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that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Obligor shall Borrower will reimburse such Finance Party such amount as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 an Obligor pursuant to Clause 9.3 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 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. 11.4 If any Finance Party makes any payment to an Obligor pursuant to Clause 9.3 11.3 (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 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 an Obligor pursuant to Clause 9.3 16.8 (Tax Credit Paymentcredit payment) and such Finance Party subsequently determines, in its sole rea- sonable 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 Obligor such Ob­ligor shall reimburse such Finance Party such amount as such Finance Party determinesde­termines, 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 an Obligor the Company pursuant to Clause 9.3 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 Obligor 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 an Obligor the Borrower pursuant to Clause 9.3 (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 Obligor 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 an Obligor pursuant to Clause 9.3 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 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 an Obligor the Borrower pursuant to Clause 9.3 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 Obligor 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 an Obligor pursuant to Clause 9.3 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 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 an Obligor pursuant to Clause 9.3 ‎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 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 an Obligor pursuant to Clause 9.3 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 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 an Obligor pursuant to Clause 9.3 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 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 an Obligor the Borrower pursuant to Clause 9.3 (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 Obligor 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 an Obligor pursuant to Clause 9.3 11.3 (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 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 an Obligor pursuant to Clause 9.3 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 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.