Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 11 contracts
Samples: Facility Agreement, Facility Agreement (Cordlife Group LTD), Facility Agreement (Sequoia Capital China I Lp)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, obtained and utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 8 contracts
Samples: Facility Agreement (Daqo New Energy Corp.), Facility Agreement (Melco Resorts & Entertainment LTD), Loan Facility Agreement
Tax Credit. If the a Relevant Borrower makes a Tax Payment and the relevant Lender 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) the such Lender has obtained, utilised utilized and retained that Tax Credit, the such Lender shall pay an amount to the Relevant Borrower which the such Lender 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 Borrower.
Appears in 7 contracts
Samples: Term Loan, Guaranty and Security Agreement, Term Loan, Guaranty and Security Agreement (Turtle Beach Corp), Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)
Tax Credit. If the a Borrower makes a Tax Payment and the Lender determines thatin its absolute discretion that it has obtained, utilised and retained a Tax Credit which is attributable to either:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to ; or
(b) that Tax Payment; and
(b) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an to that Borrower the amount to the Borrower which determined by the Lender determines in its absolute discretion to be the amount which will leave it the Lender (after that the 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 that Borrower.
Appears in 4 contracts
Samples: Loan Agreement (B Plus H Ocean Carriers LTD), Loan Agreement (B Plus H Ocean Carriers LTD), Loan Agreement (B Plus H Ocean Carriers LTD)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 4 contracts
Samples: Facility Agreement (Xunlei LTD), Facility Agreement (China Nuokang Bio-Pharmaceutical Inc.), Term Loan Facility Agreement (Harbin Electric, Inc)
Tax Credit. If the a Relevant Borrower makes a Tax Payment and the relevant Lender 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
(b) the and such Lender has obtained, utilised utilized and retained that Tax Credit, the ,
(ii) such Lender shall pay an amount to the Relevant Borrower which the such Lender 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 Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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 the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 3 contracts
Samples: Facility Agreement, Term Loan Facility Agreement (Solar Power, Inc.), Term Loan Facility (Solar Power, Inc.)
Tax Credit. If the a Borrower makes a Tax Payment and the Lender Issuing Bank 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) the Lender Issuing Bank has obtained, utilised and retained that Tax Credit, the Lender Issuing Bank shall pay an amount to the that Borrower which the Lender Issuing Bank 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 Borrower.
Appears in 3 contracts
Samples: Letter of Credit Facility Agreement (Tower Group International, Ltd.), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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 the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay promptly an amount to the Borrower which the Lender 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 Borrower.
Appears in 3 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc)
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines that:
(a) : a Tax Credit is attributable either to an increased payment of which that Tax Payment forms is a part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) the Lender and it has obtained, utilised obtained and retained used that Tax Credit, the Lender shall pay an amount to the Borrower which that the Lender determines will leave it the Lender (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 Borrower.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement
Tax Credit. If the Borrower Company makes a Tax Payment and the Lender 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) the Lender has obtained, obtained and utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower Company which the Lender 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 BorrowerCompany.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (Gran Tierra Energy Inc.), Term Loan Facility Agreement
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the that Lender has obtained, obtained and utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 BorrowerLender.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Fang Nengbin)
Tax Credit. If the a Relevant Borrower makes a Tax Payment and the relevant Lender determines that:
(a) i. a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) the ii. such Lender has obtained, utilised obtained and retained utilized that Tax Credit, the relevant Lender shall pay an amount to the Relevant Borrower which the that Lender 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 Borrower.
Appears in 2 contracts
Samples: Abl Credit Agreement (Avaya Holdings Corp.), Abl Credit Agreement (Avaya Holdings Corp.)
Tax Credit. If the Borrower Company makes a Tax Payment and the Lender 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) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower Company which the Lender 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 BorrowerCompany.
Appears in 2 contracts
Samples: Facility Agreement (Ener1 Inc), Facility Agreement (Ener1 Inc)
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms a part, or to that Tax Payment; and
(b) the Lender has obtained, utilised and retained that Tax Credit, ; the Lender shall pay an amount to the Borrower which the Lender determines will shall 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 Borrower.
Appears in 1 contract
Samples: Senior Term Loan Facility Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines that:
(a) 11.6.1 a Tax Credit is attributable to either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and
(b) 11.6.2 the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Tax Credit. If the Borrower Company makes a Tax Payment and the a Lender 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) the that Lender has obtained, utilised and retained that Tax Credit, the relevant Lender shall pay an amount to the Borrower Company which the that Lender 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 BorrowerCompany.
Appears in 1 contract
Samples: Facility Agreement (Best Buy Co Inc)
Tax Credit. If the a Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, obtained and utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Tax Credit. If the Borrower makes a Tax Payment and the Lender (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) the Lender it has obtained, utilised used and retained that Tax Credit, the Lender shall must pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Tax Credit. If the a Relevant Borrower makes a Tax Payment and the relevant Lender 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) the that Lender has obtained, utilised utilized and retained that Tax Credit, the Lender shall pay an amount to the Relevant Borrower which the that Lender 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 Borrower.
Appears in 1 contract
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines that:
(ai) a Tax Credit is attributable either to an increased payment forming all or part of which that Tax Payment forms part, or to that Tax Payment; and
(bii) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which to the extent of the Tax Credit retained by the Lender determines will leave it (after with respect to that payment) in Tax Payment. The Lender shall furnish the same after-Tax position Borrower with such material as it would have been in had may reasonably and practicably obtain to support such determination of the Tax Payment not been required amount referred to be made by the Borrowerabove.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Sterlite Industries (India) LTD)
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines thatthat it has obtained, utilised and retained a Tax Credit which is attributable to either:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to ; or
(b) that Tax Payment; and
(b) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the amount determined by the Lender determines to be the amount which will leave it the Lender (after that the 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 Borrower.
Appears in 1 contract
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender it has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Samples: Margin Loan Facility Agreement (E-House (China) Holdings LTD)
Tax Credit. If the a Relevant Borrower makes a Tax Payment and the relevant Lender 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) the such Lender has obtained, utilised utilized and retained that Tax Credit, the such Lender shall pay an amount to the Relevant Borrower which the such Lender 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 Relevant Borrower.
Appears in 1 contract
Samples: Abl Credit Agreement (Lands End Inc)
Tax Credit. If the Borrower makes a Tax Payment and the Lender determines that:
(a) a Tax Credit is attributable either to an increased payment that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment forms part, or to that Tax Paymentwas required; and
(b) the Lender has obtained, obtained and utilised and retained that Tax CreditCredit on a consolidated group basis, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Tax Credit. If the Borrower makes a Tax Payment and the relevant Lender determines that:
(a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms is a part, or to that Tax PaymentPayment or to a Tax Deduction in consequence of which that Tax Payment was required; and
(b) the Lender has obtained, utilised obtained and retained used that Tax Credit, the relevant Lender shall pay an amount to the Borrower which the Lender that it 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 Borrower.
Appears in 1 contract
Samples: Facility Agreement (GAN LTD)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract
Samples: Facility Agreement (MediaRing LTD)
Tax Credit. If the Borrower makes a Tax Payment and the Lender 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) the Lender has obtained, obtained and utilised and retained that Tax Credit, the Lender shall pay an amount to the Borrower which the Lender 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 Borrower.
Appears in 1 contract