Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable 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 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 made by the Borrower.
Appears in 5 contracts
Samples: Facility Agreement (TOM Group LTD), Facility Agreement (Tom Online Inc), Facility Agreement (PT Indosat TBK)
Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 Borrower Company 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 BorrowerCompany.
Appears in 5 contracts
Samples: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Tax Credit. If the Borrower Company 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 Borrower Company 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 BorrowerCompany.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (MGM Resorts International), Revolving Credit Facility Agreement (MGM Resorts International), Credit Facility Agreement (Baidu, Inc.)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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: Senior Facilities Agreement (Net 1 Ueps Technologies Inc), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party (acting reasonably) determines that:
(a) a Tax Credit is attributable 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 Borrower Company which that Finance Party determines (acting reasonably) 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 made by the BorrowerCompany.
Appears in 3 contracts
Samples: Bridge Facilities Agreement (Bayer Aktiengesellschaft), Syndicated Facilities Agreement (Bayer Aktiengesellschaft), Bridge Facilities Agreement (Bayer Aktiengesellschaft)
Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable 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 Borrower Company 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 BorrowerCompany.
Appears in 2 contracts
Samples: Credit Facility Agreement (Photronics Inc), Facility Agreement (Pencil Acquisition Corp.)
Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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 made by the that Borrower.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (General Geophysics Co), Single Currency Term Facility Agreement (General Geophysics Co)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable 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 Borrower 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 Borrower.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Strategic Hotels & Resorts, Inc), Facility Agreement (Strategic Hotels & Resorts, Inc)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Facility Party determines that:
(a) a Tax Credit is attributable to that Tax Payment; and
(b) that Finance Facility Party has obtained, utilised and retained that Tax Credit, the Finance Facility Party shall pay an amount to the Borrower which that Finance Facility 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 made by the Borrower.
Appears in 2 contracts
Samples: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Tax Credit. a) If the Borrower Company 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 a Tax Credit, the then that Finance Party shall must pay an amount to the Borrower Company 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 BorrowerCompany.
Appears in 2 contracts
Samples: Facility Agreement (Eksportfinans Asa), Facility Agreement (Eksportfinans Asa)
Tax Credit. If the Borrower Company 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, ,
(c) the Finance Party shall must pay an amount to the Borrower Company 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 BorrowerCompany.
Appears in 2 contracts
Samples: Amendment Agreement (Ormat Technologies, Inc.), Common Terms Agreement (Ormat Technologies, Inc.)
Tax Credit. If the Borrower Company 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 Borrower Company which that Finance Party determines will leave it if (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: Term Facility Agreement
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 PaymentPayment 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, obtained and utilised and retained 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 position as it would have been in had the Tax Payment had not been required to be made by the BorrowerCompany.
Appears in 1 contract
Samples: Common Terms Agreement
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines (in its sole discretion but acting in good faith) that:
(ai) a Tax Credit is attributable 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 Borrower which that Finance Party determines (in its sole discretion but acting in good faith) will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been made by the Borrower.
Appears in 1 contract
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(ai) a Tax Credit is attributable to that Tax Payment; and
(bii) that Finance Party has obtained, utilised utilized 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 made by the Borrower.
Appears in 1 contract
Samples: Facility Agreement (PT Indosat TBK)
Tax Credit. If the Borrower Company 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 Borrower Company 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 BorrowerCompany.
Appears in 1 contract
Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall pay an amount to the relevant 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 if the Tax Payment had not been required to be made by the that Borrower.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (Concordia Bus Nordic AB)
Tax Credit. If the a Borrower makes a Tax Payment and the relevant Finance Party determines that:
(ai) such payment gives rise to a right to receive a Tax Credit is attributable to that Tax PaymentCredit; and
(bii) that Finance Party it has obtained, obtained and utilised and retained that such Tax Credit, ; the Finance Party shall pay an amount to the relevant Borrower which that such amount as the Finance Party determines may determine will leave it (after that payment) the Borrower in the same after-Tax position as it would have been in in, had the Tax Payment relevant Borrower not been made by obliged to make the BorrowerTax Payment.
Appears in 1 contract
Samples: Credit Agreement (American Realty Capital Global Trust II, Inc.)
Tax Credit. If the Borrower Company 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 Borrower Company 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 BorrowerCompany and the circumstances giving rise to it had not arisen.
Appears in 1 contract
Samples: Facility Agreement (TRM Corp)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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 circumstances giving rise to the Tax Payment not been made by the Borroweroccurred.
Appears in 1 contract
Samples: Facility Agreement (Schroder Ventures International Investment Trust PLC)
Tax Credit. If the Borrower Company or the Parent makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable 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 Borrower Company or the Parent (as the case may be) 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 BorrowerCompany or the Parent.
Appears in 1 contract
Samples: Credit Facility Agreement (EnerSys)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines in good faith that:
(aA) a Tax Credit is attributable to that Tax Payment; and
(bB) that Finance Party has obtained, utilised and retained that Tax Credit, the that Finance Party shall pay an amount to the Borrower which that Finance Party determines in good faith will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been made by the Borrower.
Appears in 1 contract
Samples: Facility Agreement (PCCW LTD)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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 Bridge Facility Agreement 7/60 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 Finance Party determines determines, at the sole discretion of the relevant Finance Party that:
(a) a Tax Credit is attributable 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 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
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 Borrower Company 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 BorrowerCompany.
Appears in 1 contract
Samples: Credit Facility Agreement (Oce N V)
Tax Credit. If the Borrower makes has made a Tax Payment and the relevant Finance Party thereupon determines that:
(a) a Tax Credit is attributable to that such Tax Payment; and
(b) that the Finance Party has obtained, utilised received and retained utilized that Tax Credit, then the Finance Party shall pay the Borrower an amount to the Borrower which that such Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in 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 relevant Finance Party (acting reasonably) determines that:
(a) a Tax Credit is attributable to that Tax Payment; and
(b) that Finance Party it has obtained, utilised utilized and fully retained that Tax Credit, the Finance Party shall must pay an amount to the Borrower Company which that Finance Party determines (acting reasonably) 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 made by the BorrowerCompany.
Appears in 1 contract
Samples: Syndicated Facilities Agreement (Bayer Aktiengesellschaft)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable to that Tax Payment; and
(b) that Finance Party it has obtained, utilised used and retained that Tax Credit, the Finance Party shall pay an amount to the Borrower 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 made by the Borrower.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Metro International Sa)
Tax Credit. If the Borrower Company makes a Tax Payment and the relevant Finance Party (in its absolute discretion) determines that:
(a) a Tax Credit is attributable 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 Borrower Company 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 made by the BorrowerCompany.
Appears in 1 contract
Samples: Credit Facility Agreement (Oratec Interventions Inc)
Tax Credit. If the Borrower makes a Tax Payment and the relevant Finance Party determines that:
(a) a Tax Credit is attributable 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 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 made by the Borrower.
Appears in 1 contract
Samples: Facilities Agreement (Exide Corp)