Common use of Tax Credit Clause in Contracts

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 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) it has obtained, used and retained that Tax Credit, the Finance Party 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 if the Tax Payment had not been required to be made by the Obligor.

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 to to: (i) an increased payment of which that Tax Payment forms part, to ; (ii) that Tax Payment or to Payment; or (iii) a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilized that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 to an increased payment of which that Tax Payment forms part, to that Tax Payment Payment, or to a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used and retained utilised that Tax Credit, the Finance Party 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 if the Tax Payment had not been required to be made by the Obligor.

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 (i) to an increased payment of which that Tax Payment forms part, (ii) to that Tax Payment or (iii) to a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) it that Finance Party has obtained, used utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party must 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 if in had the Tax Payment had Obligor not been required to be made by make the ObligorTax Payment.

Tax Credit. If an Obligor the Borrower or the Shareholder makes a Tax Payment and the relevant Finance Party (in its absolute discretion) 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the that Finance Party must shall pay an amount to the Obligor Borrower or the Shareholder (as applicable) 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 if in had the Tax Payment had not been required to be made by the ObligorBorrower or the Shareholder (as applicable).

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 (A) to an increased payment of which that Tax Payment forms part, (B) to that Tax Payment or (C) to a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, ; and (c) the Finance Party must shall pay an amount to the Obligor which that Finance Party reasonably determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

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 to to: (i) an increased payment of which that Tax Payment forms part, to ; or (ii) that Tax Payment or to Payment; or (iii) a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must pay an amount to the relevant 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 if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (determines in its absolute discretion) determines 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, subject to Clause 25 (Conduct of business by the Finance Parties), the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) discretion will leave it (after that payment) in the same after-Tax position as it would have been if in had the circumstances not arisen which caused the Tax Payment had not been to be required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretionacting 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) it that Finance Party has obtained, used utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretionacting reasonably) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (determines in its absolute discretion) determines discretion that: (a) a Tax Credit is attributable to an increased payment of which that Tax Payment forms part, (or is attributable to that Tax Payment or to a the Tax Deduction in consequence of which or payment that gave rise to such Tax Payment was requiredPayment); and (b) it that Finance Party or an Affiliate has obtained, used utilised and fully retained that Tax CreditCredit on an affiliated group basis, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) discretion will leave it (after that payment) in the same after-Tax position as it would have been if in, had the Tax Payment had not been required to be made by the Obligor.

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 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, ; the Finance Party must pay shall pay, forthwith, 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must 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 no better and no worse position as in respect of its worldwide tax liabilities than it would have been if in had the Tax Payment had Obligor not been required to be made by make the ObligorTax Payment.

Tax Credit. (a) If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that: (ai) a Tax Credit is attributable (A) to an increased payment of which that Tax Payment forms part, (B) to that Tax Payment or (C) to a Tax Deduction in consequence of which that Tax Payment was required; and (bii) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (determines in its absolute discretion) determines 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, subject to Clause 33 (Conduct of Business by the Finance Parties), the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretion) discretion will leave it (after that payment) in the same after-Tax position as it would have been if in had the circumstances not arisen which caused the Tax Payment had not been to be required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant in respect of a Finance Party (in its absolute discretion) and that 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the that Finance Party must shall 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 position as it would have been if the in had that Tax Payment had not been required to be made by the that Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (acting in its absolute discretiongood faith) 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (acting in its absolute discretiongood faith) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretionacting 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) it that Finance Party has obtained, used utilised and retained that Tax CreditCredit (directly or on an affiliated group basis), the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretionacting reasonably) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant in respect of a Finance Party (in its absolute discretion) and that 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) it that Finance Party has obtained, used obtained and retained utilized that Tax Credit, the that Finance Party must shall 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 position as it would have been if the in had that Tax Payment had not been required to be made by the that Obligor.

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 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, 0081727-0000042 SN:12155633.21 77 the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 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) it that Finance Party has obtained, used (directly or on an affiliated group basis) obtained and retained utilised that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, the Finance Party must shall, as soon as reasonably practicable, 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 position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

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 to (i) an increased payment of which that Tax Payment forms part, (ii) to that Tax Payment or (iii) to a Tax Deduction in consequence of which that Tax Payment was requiredreceived; and (b) it that Finance Party has obtained, used utilized and retained that Tax Credit, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Creditor Party (in its absolute discretion) determines that: (a) a Tax Credit is attributable (i) to an increased payment of which that Tax Payment forms part, (ii) to that Tax Payment Payment, or (iii) to a Tax Deduction in consequence of which that Tax Payment was requiredreceived; and (b) it that Creditor Party has obtained, used utilised and retained that Tax Credit, the Finance Creditor Party must shall pay an amount to the Obligor which that Finance Creditor Party determines (in its absolute discretion) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an a Borrower or any other Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the that Finance Party must shall pay an amount to the that Borrower or to that other 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 if in had the Tax Payment had not been required to be made by the that Borrower or that other Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (determines, in its absolute good faith discretion) 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) it that Finance Party has obtained, used utilised (in whole or in part) and retained that Tax Credit, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (determines, in its absolute good faith discretion) , will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (determines in its absolute discretionsole discretion (which shall be exercised in good faith) 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) it that Finance Party has obtained, used utilised and retained that Tax Credit, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute sole discretion) determines will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party determines (in its absolute discretion) 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) it that Finance Party has obtained, used obtained and retained utilised that Tax CreditCredit on an affiliated group basis, the Finance Party must 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 if in had the Tax Payment had Obligor not been required to be made by make the ObligorTax Payment.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that: (ai) 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 the circumstances giving rise to that Tax Payment was requiredPayment; and (bii) it that Finance Party has obtained, used obtained and retained utilised that Tax CreditCredit in whole or in part and has not subsequently lost the benefit deriving from such utilisation, the Finance Party must shall pay an amount to the Obligor which that Finance Party determines (in its absolute discretionacting reasonably) will leave it (after that payment) in the same after-Tax position as it would have been if in had the Tax Payment had not been required to be made by the Obligor.

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 to to: (i) an increased payment of which that Tax Payment forms part, to ; (ii) that Tax Payment or to Payment; or (iii) a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, ,the Finance Party 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 (i) to an increased payment of which that Tax Payment forms part, (ii) to that Tax Payment or (iii) to a Tax Deduction in consequence of which that Tax Payment was required; and (b) it that Finance Party has obtained, used obtained and retained utilised that Tax CreditCredit directly, the Finance Party must 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 if in had the Tax Payment had not been required to be made by the Obligor.

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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and (b) it that Finance Party has obtained, used utilised and retained that Tax CreditCredit (on an affiliated group basis, including but not limited to fiscal unity (Organschaft)), the Finance Party must shall pay without undue delay 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 if in had the Tax Payment had not been required to be made by the Obligor.

Tax Credit. If an Obligor makes a Tax Payment and the relevant Finance Party (in its absolute discretionacting reasonably) 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) it that Finance Party has obtained, used obtained and retained utilised that Tax Credit, the Finance Party must (acting reasonably) 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 if in had the Tax Payment had not been required to be made by the Obligor.