Common use of Tax Credit Clawback Clause in Contracts

Tax Credit Clawback. If any Finance Party makes any payment to an Obligor or the Borrower pursuant to Clause 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that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, such Obligor or the Borrower shall reimburse such Finance Party such amount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 or the Borrower pursuant to Clause 11.3 16.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinionopinion acting in 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that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, such Obligor or the Borrower shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinionopinion acting in 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.