Common use of Tax Credit Clause in Contracts

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 8 contracts

Samples: Facility Agreement, Facility Agreement (Polestar Automotive Holding UK PLC), Facilities Agreement (WEIBO Corp)

AutoNDA by SimpleDocs

Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was requiredreceived; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 7 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the Borrower Company 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 Company not been required to be made by make the BorrowerTax Payment.

Appears in 6 contracts

Samples: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 5 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (Tom Online Inc), Facility Agreement (PT Indosat TBK)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines in good faith that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised and retained that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 3 contracts

Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)

Tax Credit. If the Borrower makes a Tax Payment payment and the relevant Finance Party determines that: (a) a Tax Credit credit is attributable either to an increased payment of which that Tax Payment payment forms part, or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredpayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Creditcredit, the Finance Party shall pay an amount to the 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 payment not been required to be made by the Borrower.

Appears in 3 contracts

Samples: Bridge Loan Facility Agreement (SeaDrill LTD), Amendment Agreement (Ship Finance International LTD), Term Loan Facility Agreement (Ship Finance International LTD)

Tax Credit. If 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, to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party actually has obtained obtained, utilised and utilised that retained a Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 3 contracts

Samples: Facility Agreement (NORDIC AMERICAN TANKERS LTD), Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Tax Credit. If 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, to part of that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall shall, as soon as practicable, pay an amount to the 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 Borrower.

Appears in 2 contracts

Samples: Facility Agreement (Sesa Sterlite LTD), Amendment and Restatement Agreement (Sesa Sterlite LTD)

Tax Credit. If 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the Borrower which that Finance Party determines will leave it (after that payment) in the same after-no better and no worse position in respect of its worldwide Tax position as liabilities than 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 (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Chartered Semiconductor Manufacturing LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (aA) a Tax Credit is attributable 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 was required; and (bB) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 2 contracts

Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the Borrower 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 Borrower. The Finance Party will provide to the Borrower reasonable details of the calculation of the amounts it has determined to be payable to the Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Western Wireless Corp), Loan Agreement (Western Wireless Corp)

Tax Credit. If the Borrower a Loan Party makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the Borrower Loan Party 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 BorrowerLoan Party.

Appears in 2 contracts

Samples: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)

Tax Credit. If 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 2 contracts

Samples: Bridge Facility Agreement (Himalaya Shipping Ltd.), Senior Term Facility Agreement (SemGroup Corp)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised utilized that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party (to which such Tax Payment relates) 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the then that Finance Party shall pay an amount to the 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 Borrower.

Appears in 2 contracts

Samples: Senior Facility Agreement (Wanda Sports Group Co LTD), Senior Facility Agreement (Wanda Sports Group Co LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines (acting reasonably) that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)

Tax Credit. If the a 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the that Borrower which that Finance Party determines will leave it (after that payment) in the same after-no better and no worse position in respect of its Tax position as Liabilities than it would have been in had the Tax Payment Borrower not been required to be made by make the BorrowerTax Payment.

Appears in 1 contract

Samples: Facility Agreement (Six Continents PLC)

Tax Credit. If the Borrower makes a Tax Payment and the relevant a 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 or to a Tax Deduction in consequence of which that Tax Payment was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facility Agreement (Madeleine Charging B.V.)

Tax Credit. If the a 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the that 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 that Borrower.

Appears in 1 contract

Samples: Facilities Agreement (Borse Dubai LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) : a Tax Credit is attributable 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 was required; and (b) and that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Common Terms Agreement

Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was requiredreceived; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the that 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 that Borrower.

Appears in 1 contract

Samples: Term Loan Facility (Navios Maritime Partners L.P.)

AutoNDA by SimpleDocs

Tax Credit. If 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facility Agreement (Mobifon Holdings Bv)

Tax Credit. If the a Borrower makes a Tax Payment payment and the relevant Finance Party determines that: (a) a Tax Credit credit is attributable either to an increased payment of which that Tax Payment payment forms part, or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredpayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Creditcredit, the Finance Party shall pay an amount to the that 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 payment not been required to be made by the that Borrower.

Appears in 1 contract

Samples: Senior Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD)

Tax Credit. If 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, part of or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised fully retained that Tax CreditCredit in whole or in part on an affiliated group basis, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facilities Agreement (Corporate Property Associates 17 - Global INC)

Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the that 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 that Borrower.

Appears in 1 contract

Samples: Facilities Agreement

Tax Credit. If the a 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, the relevant Finance Party shall pay an amount to the that 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 that Borrower.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Tower Group International, Ltd.)

Tax Credit. If 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Senior Facility Agreement (Spansion Inc.)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable other to an increased payment of which that Tax Payment forms part, to part of that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilized and utilised fully retained that Tax Credit, the Credit on an affiliated group basis. The Finance Party shall pay an amount to the Borrower which that Finance Party determines will leave it (after that payment) in the same after-Tax position as are 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 (Sesa Sterlite LTD)

Tax Credit. If 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, realised, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facility Agreement (Sterlite Industries (India) LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) 10.4.1 a Tax Credit is attributable to an increased payment of which that Tax Payment forms part, the circumstances giving rise to the Borrower's obligations to make that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) 10.4.2 that Finance Party has obtained obtained, fully utilised and utilised retained that Tax Credit, the ; that Finance Party shall pay an amount to the Borrower which such amount, if any, as that Finance Party determines will leave it (after that such payment) in the same after-Tax position as in respect of its Tax liabilities than it would have been in had the Tax Payment Borrower not been required to be made by make the BorrowerTax Payment,.

Appears in 1 contract

Samples: Facility Agreement (Hines Global REIT, Inc.)

Tax Credit. If 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, to part of that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) that Finance Party has obtained obtained, utilised and utilised fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facility Agreement (Videocon D2h LTD)

Tax Credit. If 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 or to a Tax Deduction in consequence of which that Tax Payment was required; andPayment. (b) that Finance Party has obtained obtained, realised, utilised and utilised retained that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Facility Agreement (Sterlite Industries (India) LTD)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 was required; and (b) that Finance Party has obtained and utilised that Tax Credit, the Finance Party shall pay an amount to the 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 Borrower.. 49173559_13

Appears in 1 contract

Samples: Facility Agreement (Diodes Inc /Del/)

Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:that – (a) 14.4.1 a Tax Credit is attributable to an increased payment of which that Tax Payment forms part, or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was required; and (b) 14.4.2 that Finance Party has obtained obtained, utilised and utilised retained that Tax Credit, , 14.4.3 the Finance Party shall pay an amount to the 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 Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!