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 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
Samples: Credit Agreement (Airtran Holdings Inc), Credit 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 10(c) 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
Samples: Loan Agreement (Airtran Holdings Inc), Loan 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 10(c) 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
Samples: Participation Agreement (Continental Airlines Inc /De/)
Tax Filing. Borrower shall, at its expense, timely file If any report, return, return or statement that is required to be filed by Sublessor with respect to any Tax which that is subject to indemnification under this Section 10(cSECTION 3(j), Sublessee (at its expense) shall (except for any A) notify Sublessor in writing of such requirement not later than thirty (30) days prior to the date such report, return, statement 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 return is required to be filed (determined without regard to extensions) and (B) either (I) if permitted by law to fileapplicable law, in its own name); provided, that the relevant Tax Indemnitee shall furnish Borrower with any information in prepare such Tax Indemnitee’s possession or control that is reasonably necessary to file any such return, report, statement or return for filing, send a copy of such report, statement or return to Sublessor and that Borrower reasonably requests in writing. Borrower shall either timely file such report, returnstatement or return with the appropriate taxing authority, or statement and send a copy to such Tax Indemnitee, or, (II) if Borrower Sublessee is not permitted by law to file such report, statement or return, or statementif so directed by Sublessor, it shall notify such Tax Indemnitee of such requirement and prepare and deliver furnish to Sublessor not later than thirty (30) days prior to the date such report, returnstatement or return is required to be filed (determined without regard to extensions) a proposed form of such report, statement or return for filing by Sublessor; provided however, that if such report, statement or return requires information particularly within the control of Sublessor that is not provided to such Tax Indemnitee in a manner reasonably satisfactory to such Tax Indemnitee Sublessee within a reasonable amount of time before of Sublessee's written request, Sublessee shall prepare (and furnish to Sublessor within the time frame specified above) a draft of such report, return, statement 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 return by completing and filing those portions of such report, statement or return which can be completed based upon the information then available to Sublessee. Each of the Sublessor or statement if it fails toSublessee, or elects not toas the case may be, shall timely provide Borrower the other party, with all information in its possession that the requested information.other party may reasonably require and request to satisfy its obligation under this PARAGRAPH (F). Sublease Agreement (MSN 30808)
Appears in 1 contract
Samples: Sublease Agreement (Atlas Air Worldwide Holdings Inc)
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 10(c) 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
Samples: Participation Agreement (Latam Airlines Group S.A.)
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 10(c(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