Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained and utilised that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 10 contracts
Samples: Facility Agreement (VNG LTD), Facility Agreement, Facility Agreement
Tax Credit. If an Obligor 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 7 contracts
Samples: Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Rollover Loan Agreement (Freeseas Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 5 contracts
Samples: Loan Agreement (Phoenix New Media LTD), Loan Agreement (Phoenix New Media LTD), Loan Agreement (Phoenix New Media LTD)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained and utilised that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 4 contracts
Samples: Term Loan Facility (Seanergy Maritime Holdings Corp.), Term Loan Facility (Castor Maritime Inc.), Term Loan Facility (Diana Shipping Inc.)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained and utilised that Tax Credit, the Lender shall pay an amount to the that Obligor which the 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 that Obligor.
Appears in 2 contracts
Samples: Uncommitted Borrowing Base Facility Agreement (Hafnia LTD), Uncommitted Borrowing Base Facility Agreement (Hafnia LTD)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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 that Tax Payment was requiredPayment; and
(bii) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Harsco Corp), Facility Agreement (Harsco Corp)
Tax Credit. If an Obligor 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor which the Lender 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 Obligor.
Appears in 2 contracts
Samples: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)
Tax Credit. If an Obligor 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Velti PLC), Facility Agreement (SAVVIS, Inc.)
Tax Credit. If an Obligor 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, part or to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender it has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the Lender relevant Recipient 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) the Lender that Recipient has obtained obtained, utilised and utilised retained that Tax Credit, the Lender Recipient shall pay an amount to the Obligor which that the Lender Recipient 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 (Centerpulse LTD)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained and utilised that Tax Credit, the Lender shall pay an amount to the that Obligor 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 that Obligor.
Appears in 1 contract
Samples: Uncommitted Borrowing Base Facility Agreement (Hafnia LTD)
Tax Credit. If an Obligor 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor which the Lender determines will leave it itself (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 Lender 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) the Lender it has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall promptly pay an amount to the Obligor which the Lender 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 1 contract
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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 that Tax Payment was requiredPayment; and
(bii) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the Obligor which the Lender 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 (Cascade Corp)
Tax Credit. If an Obligor makes a Tax Payment and the Lender 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) the Lender has obtained and utilised that Tax Credit, the Lender shall pay an amount to the Obligor 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 Obligor.
Appears in 1 contract
Samples: Facility Agreement
Tax Credit. If an any Obligor makes a Tax Payment and the Lender Purchaser 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) the Lender it has obtained obtained, used and utilised retained that Tax Credit, the Lender shall Purchaser must pay an amount to the relevant Obligor which the Lender Purchaser determines (in its absolute discretion) will leave it (after that the payment) in the same after-after Tax position as it would have been in had if the Tax Payment had not been required to be made by the such Obligor.
Appears in 1 contract
Samples: Master Agreement (Chemtura CORP)
Tax Credit. If an Obligor 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 or to a Tax Deduction in consequence of which that Tax Payment was requiredPayment; and
(b) the Lender has obtained obtained, utilised and utilised retained that Tax Credit, the Lender shall pay an amount to the that Obligor 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 that Obligor.
Appears in 1 contract
Samples: Senior Secured Revolving Loan Facility Agreement (DHT Holdings, Inc.)
