Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and (b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 52 contracts
Samples: Facility Agreement (Las Vegas Sands Corp), Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Third Amendment and Restatement Agreement (Las Vegas Sands Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 43 contracts
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Bridge Facility Agreement (Smurfit WestRock LTD), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 36 contracts
Samples: Facilities Agreement (Signet Jewelers LTD), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Tax Credit. If an Obligor the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor Borrower which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the ObligorBorrower.
Appears in 24 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 19 contracts
Samples: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, Inc.), Supplemental Agreement (Iridium Communications Inc.), Term Facility Agreement (Manchester United PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was received; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 19 contracts
Samples: Facility Agreement (Global Ship Lease, Inc.), Term Loan Facility (United Maritime Corp), Loan Agreement (Ardmore Shipping Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 14 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the such Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the such Obligor.
Appears in 12 contracts
Samples: Credit Facility Agreement, Credit Facilities Agreement (Gold Fields LTD), Bridge Facility Agreement (Gold Fields LTD)
Tax Credit. If an Obligor the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay promptly an amount to the Obligor Borrower which that Finance Party determines will leave it the Finance Party (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the ObligorBorrower.
Appears in 11 contracts
Samples: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO), $300,000,000 Ekn Supported Facility Agreement (Mobile Telesystems Ojsc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 11 contracts
Samples: Facilities Agreement (Sappi LTD), Facilities Agreement (3SBio Inc.), Amending Agreement (Sappi LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 8 contracts
Samples: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 8 contracts
Samples: Credit Facility Agreement, Credit Facility (Tele2 Ab), Credit Facility (Tele2 Ab)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) that:
(a) 12.3.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 12.3.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the such Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the such Obligor.
Appears in 7 contracts
Samples: Revolving Credit Facility Agreement (Gold Fields LTD), Revolving Credit Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Gold Fields LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 12.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 12.4.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 6 contracts
Samples: Facility Agreement (Hines Global REIT, Inc.), Facility Agreement (Hines Global REIT, Inc.), Junior Facility Agreement (Endeavour International Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was received; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 6 contracts
Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Term Loan Facility (Ardmore Shipping Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised and retained used that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 6 contracts
Samples: Credit Agreement (Centex Corp), Credit Facility Agreement (Schlumberger LTD /Ny/), Credit Facility Agreement (Schlumberger LTD /Ny/)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(aA) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(bB) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 6 contracts
Samples: Term Facility Agreement (Rockley Photonics Holdings LTD), Multicurrency Revolving Facility Agreement (Endava PLC), Securitisation Agreement (Encore Capital Group Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 5 contracts
Samples: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 5 contracts
Samples: Secured Subordinated Notes Facility Agreement, Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the relevant Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the relevant Obligor.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Tax Credit. 14.4.1 If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 5 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has (directly or on an affiliated group basis) obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax no better and no worse position as in respect of its worldwide tax liabilities than it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Finance Agreement, Subordinated Equity Bridge Credit Facilities (Imperial Tobacco Group PLC), Credit Facilities (Imperial Tobacco Group PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(bii) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(bii) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Term and Revolving Facilities Agreement (Sodexho Alliance S A), Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc), Multicurrency Revolving Facilities Agreement (Sage Group PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 14.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 14.4.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp), Senior Secured Multicurrency Credit Facility Agreement (Carrizo Oil & Gas Inc), Secured Revolving Loan and Letter of Credit Facility Agreement (Endeavour International Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 19.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 19.4.2 that Finance Party has obtained, utilised and retained that Tax CreditCredit in whole or in part, the Finance Party shall pay an amount to the Obligor which that Finance Party determines (acting reasonably) will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Shire Ltd.), Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 11.5.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 11.5.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party reasonably determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Senior Credit Agreement (Kabel Deutschland GmbH), Credit Facility Agreement (Royal Ahold)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, subject to Clause 27 (Conduct of business by the Finance Parties), the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Subscription Agreement (WMC Resources Inc), Facility Agreement (WMC Resources LTD), Subscription Agreement (WMC Resources Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Fifth Supplemental Agreement (MGM Resorts International), Second Supplemental Agreement (MGM Resorts International), Supplemental Agreement (MGM Resorts International)
Tax Credit. 10.4.1 If an Obligor makes a Tax Payment and the relevant Finance Party determines reasonably that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Investor Loan Agreement (Aramex International LTD), Bridge Facility Agreement (Aramex International LTD), Mezzanine Bridge Facility Agreement (Aramex International LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, on a consolidated group basis, the Finance Party shall pay an amount to the Obligor which that Finance Party determines in its absolute discretion will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (Mittal Steel Co N.V.), Facilities Agreement (Mittal Steel Co N.V.), Bridge Facility Agreement (Mittal Steel Co N.V.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that a Finance Party has obtained, utilised and retained that Tax Credit, the relevant Finance Party shall pay an amount to the relevant Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 14.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) 14.4.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (Navios Maritime Holdings Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Eros International PLC), Credit Facility Agreement (Eros International PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines (providing reasonable evidence of how that determination is reached) will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that a Tax Credit, the then that Finance Party shall must pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to that Tax Payment or to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Senior Subordinated Credit Agreement (Misys PLC), Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Tax Credit. 14.4.1 If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Lesaka Technologies Inc), Loan Agreement (Net 1 Ueps Technologies Inc)
Tax Credit. If an Obligor makes a Tax Payment other than with respect to United States Taxes and the relevant Finance Party determines in good faith that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-after Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall promptly pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Credit Agreement (Smithfield Foods Inc), Facility Agreement (Smithfield Foods Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 13.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 13.4.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the relevant Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Pangaea Logistics Solutions Ltd.), Facility Agreement (Quartet Holdco Ltd.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and or retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 17.4.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 17.4.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Credit Agreement (Axa Financial Inc), Junior Credit Agreement (Endeavour International Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines in its absolute discretion exercised in good faith that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Multicurrency Revolving Facilities Agreement (Carnival PLC), Facilities Agreement (Carnival PLC)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and fully retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax PaymentPayment or to a Tax Reduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.. Table of Contents
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Relevant Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Relevant Obligor.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Melco Crown Entertainment LTD), Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, utilised utilized and retained that Tax CreditCredit , the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion but acting in good faith) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion but acting in good faith) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Preem Holdings Ab Publ), Bridge Facility Agreement (Preem Holdings Ab Publ)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must promptly notify the Obligor of such Tax Credit and promptly pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it the Finance Party (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Credit Facility Agreement (Valentia Telecommunications), Credit Facility Agreement (Valentia Telecommunications)
Tax Credit. (a) If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(bii) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (acting reasonably) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised and fully retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was received; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, ; the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 2 contracts
Samples: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.), Term Loan Agreement (Ocean Rig UDW Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment; and
(b) that Finance Party actually has obtained, utilised and retained that a Tax Credit, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the such Obligor.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which the circumstances giving rise to the Obligor’s obligation to make that Tax Payment forms partPayment, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-no worse position in respect of its Tax position liabilities as it would have been in had the Tax Payment Obligor not been required to be made by make the ObligorTax Payment.
Appears in 2 contracts
Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Subsea 7 S.A.), Multicurrency Guarantee Facility Agreement (Acergy S.A.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.
Appears in 2 contracts
Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Tax Credit. 12.4.1 If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(aA) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(bB) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Facility Agreement
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax after‑Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines determines, acting in good faith, that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the that Obligor which that Finance Party determines determines, acting in good faith, will leave it that Finance Party (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.
Appears in 1 contract
Samples: Credit Agreement (Reh Mergersub Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Term Loan Agreement (Genesys Sa)
Tax Credit. If To the extent that an Obligor party hereto makes a Tax Payment in respect of a Finance Party and the relevant that Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and fully retained that Tax Credit, the that Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the such Tax Payment not been made or required to be made by the that Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same no worse after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised and retained used that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Samples: Credit Facilities Agreement (Hungarian Telephone & Cable Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Facility Agreement (Imerys S.A.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment all or part of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) that:
(a) 11.3.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 11.3.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the such Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-after- Tax position as it would have been in had the Tax Payment not been required to be made by the such Obligor.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) : a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) and that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Facility Agreement
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the that Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Samples: Credit Facilities Agreement
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it that Finance Party (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment in respect of a Finance Party and the relevant that Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the that Finance Party shall pay an amount to the that Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the such Tax Payment not been made or required to be made by the that Obligor.
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)
Tax Credit. 12.4.1 If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, on a consolidated Group basis, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Credit Agreement (Sappi LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) 10.5.1 a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 10.5.2 that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party reasonably determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Standby Letter of Credit Facility Agreement (Validus Holdings LTD)
Tax Credit. a) If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which the Tax Payment was required; and
(bii) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Samples: Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall must pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax tax position as it would have been in had if the Tax Payment had not been required to be made by the Obligor.
Appears in 1 contract
Samples: Credit Facility Agreement (Telesystem International Wireless Inc)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party reasonably determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party reasonably determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
: (a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, part or to that Tax Payment; and
and (b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (Borr Drilling LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Facility Agreement (Yell Finance Bv)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, a part or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
: (a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
and (b) that Finance Party has obtained, obtained and utilised and retained that Tax CreditCredit in whole or in part, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party reasonably determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
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Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(bii) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the that Obligor.
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Samples: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an that Tax Payment or to the increased payment of which that the Tax Payment forms a part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
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Samples: Senior Subscription Agreement (TPG Advisors IV, Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party Party, acting reasonably, determines that:
(a1) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b2) that Finance Party has obtained, utilised utilized and retained that Tax Credit, ,
(3) the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
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Samples: Facility Agreement (Central European Distribution Corp)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) that Finance Party has obtained, obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
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Samples: Term Loan Facility (Flex LNG Ltd.)
Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) that Finance Party has obtained, utilised will be able to utilise and retained retain that Tax Credit, the Finance Party shall pay promptly an amount to the Obligor which that Finance Party determines will leave it the Finance Party (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Appears in 1 contract
Samples: Facility Agreement (CTC Media, Inc.)
