Tax Filing. Borrower shall, at its expense, timely file any report, return, or statement that is required to be filed with respect to any Tax which is subject to indemnification under this Section 9.3 (except for any such report, return, or statement which a Tax Indemnitee has timely notified Borrower in writing that such Tax Indemnitee intends to file, or for which such Tax Indemnitee is required by law to file, in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing. Borrower shall either file such report, return, or statement and send a copy to such Tax Indemnitee, or, if Borrower is not permitted to file such report, return, or statement, it shall notify such Tax Indemnitee of such requirement and prepare and deliver such report, return, or statement to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee within a reasonable time before the time such report, return, or statement is to be filed; provided, that the relevant Tax Indemnitee shall either furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing or such Tax Indemnitee shall itself be responsible for completing and filing such report, return or statement if it fails to, or elects not to, provide Borrower with the requested information.
Appears in 2 contracts
Sources: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)
Tax Filing. Borrower shall, at its expense, timely file any report, return, or statement that is required to be filed with respect to any Tax which is subject to indemnification under this Section 9.3 10(c) (except for any such report, return, or statement which a Tax Indemnitee has timely notified Borrower in writing that such Tax Indemnitee intends to file, or for which such Tax Indemnitee is required by law to file, in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing. Borrower shall either file such report, return, or statement and send a copy to such Tax Indemnitee, or, if Borrower is not permitted to file such report, return, or statement, it shall notify such Tax Indemnitee of such requirement and prepare and deliver such report, return, or statement to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee within a reasonable time before the time such report, return, or statement is to be filed; provided, that the relevant Tax Indemnitee shall either furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing or such Tax Indemnitee shall itself be responsible for completing and filing such report, return or statement if it fails to, or elects not to, provide Borrower with the requested information.
Appears in 2 contracts
Sources: Credit Agreement (Airtran Holdings Inc), Credit Agreement (Airtran Holdings Inc)
Tax Filing. Borrower shall, at its expense, timely file If any report, return, return or statement that is required to be filed with respect to any Tax which is subject to indemnification under this Section 9.3 9.3, Lessee shall timely file the same (except for any such report, return, return or statement which a Tax Indemnitee has timely notified Borrower the Lessee in writing that such Tax Indemnitee intends to file, file or for which such a Tax Indemnitee is required by law to file, file in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower Lessee with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, report or statement and is reasonably requested in writing by Lessee (it being understood that Borrower reasonably requests in writingthe Tax Indemnitee shall not be required to furnish copies of its actual tax returns, although it may be required to furnish relevant information contained therein). Borrower Lessee shall either file such report, return, return or statement and send a copy of such report, return or statement to such Tax Indemnitee, and Owner Trustee if the Tax Indemnitee is not Owner Trustee, or, if Borrower where Lessee is not permitted to file such report, returnreturn or statement, or statementif the same is required by law to be filed in the Tax Indemnitee’s own name, it shall notify such Tax Indemnitee in writing of such requirement and prepare and deliver such report, return, return or statement to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee within a reasonable time before prior to the time such report, return, return or statement is to be filed; provided, that the relevant Tax Indemnitee shall either furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing or such Tax Indemnitee shall itself be responsible for completing and filing such report, return or statement if it fails to, or elects not to, provide Borrower with the requested information.
Appears in 1 contract
Sources: Participation Agreement (Continental Airlines Inc /De/)
Tax Filing. Borrower shall, at its expense, Lessee shall timely file any report, return, or statement that is required to be filed with respect to any Tax which is subject to indemnification under this Section (S) 9.3 (except for any such report, return, or statement which a Tax Indemnitee has timely notified Borrower Lessee in writing that such Tax Indemnitee intends to file, or for which such Tax Indemnitee is required by law to file, in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower Lessee with any information in such Tax Indemnitee’s 's possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower Lessee reasonably requests in writingwriting (but the Tax Indemnitee shall not be required to furnish copies of its actual tax returns, although it may be required to furnish relevant information contained therein). Borrower Lessee shall either file such report, return, or statement and send a copy to such Tax IndemniteeIndemnitee (and to Owner Trustee, if the Tax Indemnitee is not Owner Trustee), or, if Borrower Lessee is not permitted to file such report, return, or statement, it shall notify such Tax Indemnitee of such requirement and prepare and deliver such report, return, or statement to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee within a reasonable time before the time such report, return, or statement is to be filed; provided, that the relevant Tax Indemnitee shall either furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing or such Tax Indemnitee shall itself be responsible for completing and filing such report, return or statement if it fails to, or elects not to, provide Borrower with the requested information.
Appears in 1 contract
Tax Filing. Borrower shall, at its expense, timely file If any report, return, return or statement that is required under applicable law to be filed with respect to any Tax which is subject to indemnification under this Section 9.3 4.04, Payor shall timely file the same (except for any such report, return, return or statement which a Tax Indemnitee has timely notified Borrower the Owner and LATAM in writing that such Tax Indemnitee intends to file, or for which such Tax Indemnitee is required by law to file, in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower the Owner and LATAM with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, report or statement and is reasonably requested in writing by the Owner and LATAM (it being understood that Borrower reasonably requests in writingthe Tax Indemnitee shall not be required to furnish copies of its actual tax returns, although it may be required to furnish relevant information contained therein). Borrower Payor shall either file such report, return, return or statement and send a copy of such report, return or statement to such Tax Indemnitee, or, if Borrower where Payor is not permitted to file such report, return, return or statement, it shall notify such Tax Indemnitee of such requirement and prepare and deliver such report, return, return or statement to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee within a reasonable time before prior to the time such report, return, return or statement is to be filed; provided, that the relevant Tax Indemnitee shall either furnish Borrower with any information in such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, or statement and that Borrower reasonably requests in writing or such Tax Indemnitee shall itself be responsible for completing and filing such report, return or statement if it fails to, or elects not to, provide Borrower with the requested information.
Appears in 1 contract
Sources: Participation Agreement (Latam Airlines Group S.A.)