Common use of TAX GROSS Clause in Contracts

TAX GROSS. UP All payments to be made by any Obligor to any person hereunder shall be made free and clear of and without deduction for or on account of tax unless such Obligor is required to make such a payment subject to the deduction or withholding of tax, in which case the sum payable by such Obligor in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of the required deduction or withholding, such person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had no such deduction or withholding been made or required to be made.

Appears in 4 contracts

Samples: Multicurrency Stand by Bridge Revolving Credit Agreement (Royal Ahold), Multicurrency Revolving Credit Agreement (Royal Ahold), Multicurrency Revolving Credit Agreement (Royal Ahold)

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TAX GROSS. UP All payments to be made by any Obligor of the Obligors to any person a Bank or the Agent hereunder shall be made free and clear of and without deduction for or on account of tax unless such Obligor is required to make such a payment subject to the deduction or withholding of tax, in which case the sum payable by such Obligor in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of the required deduction or withholding, such person Bank or the Agent receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had no such deduction or withholding been made or required to be made.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Niner Acquistion Inc), Revolving Credit Facility Agreement (Vnu N V)

TAX GROSS. UP All payments to be made by any either Obligor to any person hereunder under any Facility Document shall be made free and clear of and without deduction for or on account of tax unless such Obligor is required to make such a payment subject to the deduction or withholding - 27 - of tax, in which case the sum payable by such Obligor in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of the required deduction or withholding, such person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had no such deduction or withholding been made or required to be made.

Appears in 1 contract

Samples: Second Secured Facility Agreement (Primacom Ag)

TAX GROSS. UP All payments to be made by any Obligor the Borrower to any person hereunder shall be made free and clear of and without deduction for or on account of tax unless such Obligor the Borrower is required to make such a payment subject to the deduction or withholding of tax, in which case the sum payable by such Obligor the Borrower in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of the required deduction or withholding, such person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had no such deduction or withholding been made or required to be made.

Appears in 1 contract

Samples: Facility Agreement (Royal Ahold)

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TAX GROSS. UP All payments to be made by any Obligor to any person hereunder under any Facility Document shall be made free and clear of and without deduction for or on account of tax unless such Obligor is required to make such a payment subject to the deduction or withholding of tax, in which case the sum payable by such Obligor in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of the required deduction or withholding, such person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had no such deduction or withholding been made or required to be made.

Appears in 1 contract

Samples: Facility Agreement (Primacom Ag)

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