Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon: (a) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt or Coupon; or (b) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)); or (c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:
Appears in 12 contracts
Samples: Announcement and Disclaimer, Announcement and Listing Document, Announcement and Listing Document
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon:
(a) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder his having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt or Coupon; or
(b) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)); or
(c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:
Appears in 9 contracts
Samples: Announcement and Listing Document Disclaimer, Announcement and Listing Document Disclaimer, Announcement and Listing Document Disclaimer
Taxation. All payments of principal and interest in respect of the Notes, Receipts Notes and Coupons by or on behalf of the Issuer or or, if applicable, under the Guarantor Guarantee by the Guarantor, will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer oror the Guarantor (if applicable), as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts Notes or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts Notes or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt Note or Coupon:
(a) presented for payment by or on behalf the holder of a holder who which is liable for such taxes or duties in respect of such Note, Receipt Note or Coupon by reason of the holder his having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt Note or Coupon; or
(b) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f5(f)); or
(c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:
Appears in 6 contracts
Samples: Euro Medium Term Note Programme, Euro Medium Term Note Programme, Euro Medium Term Note Programme
Taxation. All payments of principal and interest in respect of the Notes, Receipts Notes and Coupons by or on behalf of the Issuer or the Guarantor Guarantors will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor Guarantors will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts Notes or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts Notes or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt Note or Coupon:
(a) where presentation of the Note or Coupon is required, presented for payment in the United Kingdom;
(b) where the withholding or deduction in question is required solely by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason virtue of the holder Noteholder or Couponholder having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt Note or Coupon; or;
(bc) where presentation of the Note or Coupon is required, presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)5.5); or
(cd) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid where such withholding or deduction by making a declaration is required pursuant to an agreement described in Section 1471(b) of non-residence the United States Internal Revenue Code of 1986 (the Code) or other similar claim for exemption and does not make such declaration otherwise imposed pursuant to Sections 1471 through 1474 of the Code, any regulations, agreements or claimundertakings thereunder, official interpretations thereof, or any law implementing an intergovernmental approach thereto. As used herein:
(i) Tax Jurisdiction means (A) with respect to payments made by the Issuer, the United Kingdom or any political subdivision or any authority thereof or therein having power to tax and (B) with respect to payments made by each Guarantor, the place of incorporation of the relevant Guarantor or any political subdivision or any authority thereof or therein having power to tax; and
(ii) the Relevant Date means the date on which such payment first becomes due, except that, if the full amount of the moneys payable has not been duly received by the Trustee or the Agent on or prior to such due date, it means the date on which, the full amount of such moneys having been so received, notice to that effect is duly given to the Noteholders in accordance with Condition 13.
Appears in 3 contracts
Samples: Supplemental Trust Deed, Seventh Supplemental Trust Deed, Eighth Supplemental Trust Deed
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon:
(a) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder his having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt or Coupon; or
(b) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)); or
(c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-non- residence or other similar claim for exemption and does not make such declaration or claim. As used herein:
Appears in 2 contracts
Samples: Announcement and Listing Document, Announcement and Listing Document
Taxation. All payments of principal of, and interest in respect of the Noteson, Receipts and Coupons Notes by the Issuer or or, as the Guarantor case may be, the Guarantor(s) will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of The Netherlands (in the case of payment by N.V.) or the United Kingdom (in the case of payment by PLC) or the United States (in the case of payment by UCC or UNUS) or (in any Tax Jurisdiction such case) any political subdivision or taxing authority thereof or therein, unless such withholding or deduction is required by law. In such event, the Issuer Issuer, or, as the case may be, the Guarantor Guarantor(s), will pay such additional amounts (“Additional Amounts”) as shall be necessary in order that the net amounts received by the holders holder of any Note, Receipt or, as the Notescase may be, Receipts or Coupons Coupon, after such withholding or deduction deduction, shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Couponsor, as the case may be, Coupons in the absence of such withholding or deduction; except , provided however that no such additional amounts Additional Amounts shall be payable payable:
(A) by N.V. or PLC with respect to to:
(i) any Note, Receipt or Coupon:
(a) Coupon presented for payment by by, or on behalf of of, a holder Holder who is liable for to such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder his having some connection with a Tax Jurisdiction The Netherlands or, as the case may be, the United Kingdom other than the mere holding of such Note, Receipt or Coupon; or
(bii) any payment in respect of a Note where the Holder thereof would be able to avoid such withholding or deduction by making a declaration of nonresidence or other similar claim for exemption to the relevant tax authority; or
(iii) if presentment is required, any Note, Receipt or Coupon presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount such Additional Amounts on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f))day; or
(civ) any tax, assessment or other governmental charge required to be withheld or deducted by any Paying Agent from any payment by N.V. or, as the case may be, PLC if such payment can be made without such withholding or on behalf deduction by any other Paying Agent; or
(v) any estate, inheritance, gift, sales, transfer, excise, personal property or any similar tax, assessment or other governmental charge; or
(vi) any tax, assessment or other governmental charge which is payable otherwise than by withholding from payment of a holder of principal, premium, if any, or interest, if any, with respect to such Note, Receipt or Coupons; or
(vii) any Note, Receipt or Coupon whowhere such withholding or deduction is imposed on a payment to an individual and is required to be made pursuant to any European Union Directive on the taxation of savings implementing the conclusions of the ECOFIN Council meeting of 26th to 27th November, at the time of 2000 or any law implementing or complying with, or introduced in order to conform to, such presentationDirective; or
(viii) any Note, is Receipt or Coupon presented for payment by, or on behalf of, a Holder who would have been able to avoid such withholding or deduction by making presenting the relevant Note, Receipt or Coupon to another Paying Agent in a declaration member state of nonthe European Union; or
(ix) any combination of (i) to (viii); or
(B) by UCC or UNUS with respect to:
(i) any tax, assessment or other governmental charge which would not have been so imposed but for (a) the existence of any present or former connection between such Holder (or between a fiduciary, settlor, beneficiary, member or shareholder of, or possessor of a power over, such Holder, if such Holder is an estate, a trust, a partnership or a corporation) and the United States, including, without limitation, such Holder (or such fiduciary, settlor, beneficiary, member, shareholder or possessor) being or having been present therein, being or having been a citizen or resident thereof, being or having been engaged in a trade or business therein, or having or having had a permanent establishment therein or (b) the presentation of such Note, Receipt or Coupon for payment on a date more than 30 days after the Relevant Date; or
(ii) any estate, inheritance, gift, sales, transfer, excise, personal property or any similar tax, assessment or other governmental charge; or
(iii) any tax, assessment or other governmental charge which is payable otherwise than by withholding from payments of principal of, or interest on, the Notes or Coupons; or
(iv) any tax, assessment or other governmental charge imposed by reason of such Holder’s past or present status as a personal holding company or a foreign personal holding company or a controlled foreign corporation with respect to the United States or as a passive foreign investment company with respect to the United States or as a corporation which accumulates earnings to avoid United States Federal income tax or as a foreign tax-exempt organisation or foreign private foundation with respect to the United States; or
(v) any tax, assessment or other governmental charge which is required to be withheld from payments of principal of, or interest on, the Notes, Receipts or Coupons due to the failure of the Holder of any Note, Receipt or Coupon appertaining thereto to provide certification, information or documentation at or prior to the time of payment with regard to the nationality, residence or identity of the Holder or beneficial owner of any Note, Receipt or Coupon; or
(vi) any tax, assessment or other similar claim governmental charge imposed by reason of such Holder’s (a) past or present status as the actual or constructive owner of 10 per cent. or more of the total combined voting power of all classes of stock of UCC or UNUS (and, in respect of Guaranteed Notes, if at the time of the determination, payments on such Guaranteed Notes are actually being made by the Guarantor, the Guarantor), (b) receiving interest described in Section 881(c) (3)(A) of the Internal Revenue Code of the United States, or (c) being a controlled foreign corporation with respect to the United States that is related to the relevant Issuer (and, in respect of Guaranteed Notes, if at the time of the determination, payments on such Guaranteed Notes are actually made by the Guarantor, the Guarantor) by actual or constructive stock ownership; or
(vii) any tax, assessment or other governmental charge required to be withheld or deducted by any Paying Agent from any payment of principal of, or interest on, any Note, if such payment can be made without withholding or deduction by any other Paying Agent; or
(viii) any Note, Receipt or Coupon where such withholding or deduction is imposed on a payment to an individual and is required to be made pursuant to any European Union Directive on the taxation of savings implementing the conclusions of the ECOFIN Council meeting of 26th to 27th November, 2000 or any law implementing or complying with, or introduced in order to conform to, such Directive; or
(ix) any Note, Receipt or Coupon presented for exemption and does payment by, or on behalf of, a Holder who would have been able to avoid such withholding or deduction by presenting the relevant Note, Receipt or Coupon to another Paying Agent in a member state of the European Union; or
(x) any combination of (i) to (ix); nor, in any case, with respect to the Issuer or the Guarantor(s), shall Additional Amounts be paid to any Holder who is not make the sole beneficial owner of such declaration Note, Receipt or claim. As used herein:Coupon to the extent that a beneficial owner thereof would not have been entitled to payment thereof had such beneficial owner been the Holder of such Note, Receipt or Coupon.
Appears in 2 contracts
Samples: Trust Deed (Unilever N V), Trust Deed (Unilever PLC)
Taxation. All payments of principal and interest in respect of the Notes, Receipts Notes and Coupons by ENEL (acting as the Issuer or the Guarantor Guarantor) or by ENEL N.V. will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction (as defined below) unless such withholding or deduction is required by law. In such event, ENEL (acting as the Issuer or Guarantor) or, as the case may be, the Guarantor ENEL N.V. will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts Notes or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts Notes or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt Note or Coupon:
(a) presented for payment in any Tax Jurisdiction (as defined below); or
(b) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt Note or Coupon by reason of the holder his having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt Note or Coupon; or
(bc) presented for payment by, or on behalf of, a holder who would be able to avoid such withholding or deduction by making a declaration or any other statement including, but not limited to, a declaration of residence or non-residence, but fails to do so; or
(d) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth 30th day assuming that day to have been a Payment Day (as defined in Condition 7(f6(f)); or
(ce) by in relation to any payment or deduction on behalf account of imposta sostitutiva pursuant to Italian Legislative Decree 1 April 1996, No. 239 (“Decree 239”), as amended and/or supplemented or, for the avoidance of doubt, Italian Legislative Decree 21 November 1997, No. 461 as amended and supplemented and in all circumstances in which the procedures set forth in Decree 239 in order to benefit from a holder of such Note, Receipt tax exemption have not been met or Coupon who, at the time of such presentation, is able to avoid complied with; or
(f) where such withholding or deduction is required to be made pursuant to Law Decree 30 September 1983, No. 512 converted into law with amendments by making Law 25 November 1983, No. 649; or
(g) in relation to Notes which are issued by ENEL N.V. and guaranteed by the Guarantor only, where such withholding or deduction is required to be made pursuant to article 26 of Italian Presidential Decree No. 600 of 29 September 1973 (as amended or supplemented from time to time); or
(h) where such withholding or deduction is required to be made pursuant to the Dutch Withholding Tax Act 2021 (Wet bronbelasting 2021); or
(i) in the event of payment by ENEL (acting as Issuer or Guarantor) to a declaration of non-residence or other similar claim for exemption and Italian resident Noteholder, to the extent that the Noteholder is resident in a country which does not make such declaration or claimallow for a satisfactory exchange of information with the Italian authorities. As used herein:
Appears in 1 contract
Samples: Supplemental Agency Agreement
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties duties, of whatever nature nature, imposed or levied by or on behalf of any the relevant Tax Jurisdiction or any political subdivision or any authority thereof or therein having power to tax unless such withholding or deduction is required by law. In such event, the Issuer or, or (as the case may be, ) the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any payment in respect of any Note, Receipt or Coupon:
(ai) presented for payment by or on behalf of a holder Beneficial Owner who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder his having some connection with a the relevant Tax Jurisdiction other than the mere holding of such Note, Receipt or Coupon; or;
(bii) presented for payment, in the relevant Tax Jurisdiction;
(iii) presented for payment in the case of Bearer Notes more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f6));
(iv) where such withholding or deduction is imposed on a payment to an individual and is required to be made pursuant to European Council Directive 2003/48/EC on the taxation of savings income or any law implementing or complying with, or introduced in order to conform to, such Directive; or
(cv) presented for payment by or on behalf of a holder of Beneficial Owner who would have been able to avoid such withholding or deduction by presenting the relevant Note, Receipt or Coupon whoto another Paying Agent in a Member State of the European Union;
(vi) presented for payment by or on behalf of a Beneficial Owner of Notes, at Receipts or Coupons who would not be liable for or subject to the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption to the relevant tax authority;
(vii) presented for payment by or on behalf of a Beneficial Owner of Notes, Receipts or Coupons particularly in respect of whom the information (which may include certificates or statements) required in order to comply with the special tax regime approved by Decree-Law no. 193/2005 of 7 November, and does any implementing legislation, is not make such declaration received prior to the Relevant Date;
(viii) in the case of Book Entry Notes, presented for payment by or claimon behalf of a Beneficial Owner of Notes, Receipts or Coupons resident for tax purposes in the Tax Jurisdiction, or a resident in a country, territory or region subject to clearly a more favourable tax regime included in the list approved by Order 150/2004, of 13 February 2004 (Portaria do Ministro das Finanças e da Administraço Pública n. 150/2004) as amended from time to time, issued by the Portuguese Minister of Finance and Public Administration, with the exception of central banks and governmental agencies of those blacklisted jurisdictions, or a non-resident legal entity held, directly or indirectly, in more than 20 per cent. by Portuguese residents; or
(ix) presented for payment by or on behalf of (i) a Portuguese resident legal entity subject to Portuguese corporation tax (with the exception of entities that benefit from an exemption of Portuguese withholding tax or from Portuguese income tax exemptions), or (ii) a non-resident legal person with a permanent establishment in Portugal to which the income or gains obtained from the Notes, Receipts or Coupons are attributable. As used herein:
Appears in 1 contract
Samples: Eighth Supplemental Trust Deed (Portugal Telecom SGPS Sa)
Taxation. All payments of principal and interest in respect of the Notes, Receipts Notes and Coupons by ENEL (acting as the Issuer or the Guarantor Guarantor) or by ENEL N.V. will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction (as defined below) unless such withholding or deduction is required by law. In such event, ENEL (acting as the Issuer or Guarantor) or, as the case may be, the Guarantor ENEL N.V. will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts Notes or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts Notes or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt Note or Coupon:
(a) presented for payment in any Tax Jurisdiction (as defined below); or
(b) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt Note or Coupon by reason of the holder his having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt Note or Coupon; or
(bc) presented for payment by, or on behalf of, a holder who would be able to avoid such withholding or deduction by making a declaration or any other statement including, but not limited to, a declaration of residence or non-residence, but fails to do so; or
(d) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth 30th day assuming that day to have been a Payment Day (as defined in Condition 7(f6(f)); or
(ce) by in relation to any payment or deduction on behalf account of imposta sostitutiva pursuant to Italian Legislative Decree 1 April 1996, No. 239 (“Decree 239”), as amended and/or supplemented or, for the avoidance of doubt, Italian Legislative Decree 21 November 1997, No. 461 as amended and supplemented and in all circumstances in which the procedures set forth in Decree 239 in order to benefit from a holder of such Note, Receipt tax exemption have not been met or Coupon who, at the time of such presentation, is able to avoid complied with; or
(f) where such withholding or deduction is required to be made pursuant to Law Decree 30 September 1983, No. 512 converted into law with amendments by making Law 25 November 1983, No. 649; or
(g) starting from 1 January 2021, where such withholding or deduction is required to be made pursuant to the Dutch Withholding Tax Act 2021 (Wet bronbelasting 2021); or
(h) in the event of payment by ENEL (acting as Issuer or Guarantor) to a declaration of non-residence or other similar claim for exemption and Italian resident Noteholder, to the extent that the Noteholder is resident in a country which does not make such declaration or claimallow for a satisfactory exchange of information with the Italian authorities. As used herein:
Appears in 1 contract
Samples: Agency Agreement
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons Notes by or on behalf of the Issuer or the Guarantor will shall be made without withholding or deduction for for, or on account of of, any present or future taxes taxes, duties, assessments or duties governmental charges of whatever nature (“Taxes”) imposed or levied by or on behalf of any Tax Jurisdiction of the Relevant Jurisdictions, unless such the withholding or deduction of the Taxes is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall may be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons Notes after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon:
(a) the holder of which is liable for Taxes in respect of such Note by reason of having some connection with the Relevant Jurisdiction other than a mere holding of the Note; or
(b) presented for payment in the United States; or
(c) presented for payment by or on behalf of a holder who is liable for would have been able to avoid such taxes withholding or duties in respect deduction by satisfying any statutory or procedural requirements (including, without limitation, the provision of such Note, Receipt information or Coupon by reason of the holder having some connection with an Internal Revenue Service Form W-8 or Form W-9 (or a Tax Jurisdiction other than the mere holding of such Note, Receipt or Couponsuccessor form)); or
(bd) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f6.4)); or
(c) by . Notwithstanding the foregoing, no additional amount shall be payable for or on behalf account of a holder of such Note(i) any taxes, Receipt duties, assessments or Coupon whogovernmental charges that are imposed otherwise than by deduction or withholding from payments made under or with respect to the Notes, at the time of such presentation(ii) any taxes, is able to avoid such withholding duties, assessments or deduction by making a declaration of nongovernmental charges 0012034-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:0005017 ICM:34416267.9 62
Appears in 1 contract
Samples: Agency Agreement (Autoliv Inc)
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of any Tax Jurisdiction unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon:
(a) presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt or Coupon; or
(b) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)); or
(c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:
(i) ‘‘Tax Jurisdiction’’ means Hong Kong or any political subdivision or any authority thereof or therein having power to tax (in the case of payments by the Issuer or the Guarantor); and
(ii) ‘‘Relevant Date’’ means the date on which such payment first becomes due, except that, if the full amount of the moneys payable has not been duly received by the Principal Paying Agent or the Registrar, as the case may be, on or prior to such due date, it means the date on which, the full amount of such moneys having been so received, notice to that effect is duly given to the Noteholders in accordance with Condition 15.
Appears in 1 contract
Samples: Announcement and Listing Document
Taxation. All payments of principal and interest in respect of the Notes, Receipts Notes and Coupons by the Issuer or the Guarantor will be made without withholding or deduction for or on account of any present or future taxes or duties of whatever nature imposed or levied by or on behalf of the Kingdom of Sweden or any Tax Jurisdiction political subdivision or any authority thereof or therein having power to tax unless such withholding or deduction is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the Notes, Receipts Notes or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts Notes or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt Note or Coupon:
(a) presented for payment by or on behalf of a holder Noteholder or Couponholder who is liable for such taxes or duties in respect of such Note, Receipt Note or Coupon by reason of the holder his having some connection with a Tax Jurisdiction the Kingdom of Sweden other than the mere holding of such Note, Receipt Note or Coupon; or
(b) presented for payment where the Noteholder is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption to the relevant tax authority; or
(c) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f)); or
(c) by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is able to avoid such withholding or deduction by making a declaration of non-residence or other similar claim for exemption and does not make such declaration or claimday. As used herein:, the “Relevant Date” means the date on which such payment first becomes due, except that, if the full amount of the moneys payable has not been duly received by the Agent on or prior to such due date, it means the date on which, the full amount of such moneys having been so received, notice to that effect is duly given to the Noteholders in accordance with Condition 14.
Appears in 1 contract
Samples: Agency Agreement
Taxation. All payments of principal and interest amounts payable (whether in respect of the Notesprincipal, Receipts and Coupons by the Issuer interest or the Guarantor otherwise) in respect of this N Covered Bond will be made without withholding or deduction for or on account of any present or future taxes taxes, duties, assessments or duties governmental charges of whatever nature imposed or levied by or on behalf of the United Kingdom or any Tax Jurisdiction political subdivision thereof or any authority or agency therein or thereof having power to tax, unless such the withholding or deduction of such taxes, duties, assessments or governmental charges is required by lawlaw or the interpretation or administration thereof. In such eventthe event of a withholding or deduction being made by the Issuer or the Group Guarantor in respect of a payment made by it in respect of a tax imposed or levied by or on behalf of the United Kingdom or any political subdivision thereof or any authority or agency therein or thereof having power to tax, the Issuer oror the Group Guarantor, as the case may be, the Guarantor will pay such additional amounts as shall be necessary in order that the net amounts received by the holders of the NotesN Covered Bondholder, Receipts or Coupons after such withholding or deduction shall equal the respective amounts of principal and interest interest, if any, which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, this N Covered Bond in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Couponpayment in respect of this N Covered Bond:
(a) if it is presented for payment by or on behalf of a holder who is liable for such taxes or duties in respect of such Note, Receipt or Coupon by reason of the holder having some connection with a Tax Jurisdiction other than the mere holding of such Note, Receipt or CouponUnited Kingdom; or
(b) if the N Covered Bondholder is (i) able to avoid such withholding or deduction by satisfying any statutory requirements or by making a declaration of non-residence or other claim for exemption to the relevant taxing authority but fails to do so; or (ii) liable for such taxes, duties, assessments or governmental charges in respect of this N Covered Bond by reason of his having some connection with the United Kingdom other than merely by reason of the holding of this N Covered Bond; or
(c) if it is presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on the last day of such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f))period of 30 days; or
(cd) where such withholding or deduction is imposed on a payment to an individual and is required to be made pursuant to European Council Directive 2003/48/EC on the taxation of savings income or any other directive implementing the conclusions of the ECOFIN Council meeting of 26 to 27 November 2000 on the taxation of savings income or any law implementing or complying with, or introduced in order to conform to, any such directive or any agreement between the European Community and any jurisdiction providing for equivalent measures; or
(e) if it is presented for payment by or on behalf of a holder of such Note, Receipt or Coupon who, at the time of such presentation, is who would be able to avoid such withholding or deduction by making presenting this N Covered Bond to another Paying Agent in a declaration Member State of non-residence or other similar claim for exemption and does not make such declaration or claimthe European Union. As used herein:: Relevant Date means the date on which such payment in respect of this N Covered Bond first becomes due and payable, except that, if the full amount of the monies payable on such date has not been received by the Bond Trustee, the Registrar or the German Paying Agent on or prior to such date, it means the date on which such monies shall have been so received and notice to that effect has been given to the holder of this N Covered Bond in accordance with Condition 10 (Notices) of these N Covered Bond Conditions.
Appears in 1 contract
Samples: Subscription Agreement
Taxation. All payments of principal and interest in respect of the Notes, Receipts and Coupons Notes by or on behalf of the Issuer or the Guarantor will shall be made without withholding or deduction for for, or on account of of, any present or future taxes taxes, duties, assessments or duties governmental charges of whatever nature (“Taxes”) imposed or levied by or on behalf of any Tax Jurisdiction of the Relevant Jurisdictions, unless such the withholding or deduction of the Taxes is required by law. In such event, the Issuer or, as the case may be, the Guarantor will pay such additional amounts as shall may be necessary in order that the net amounts received by the holders of the Notes, Receipts or Coupons Notes after such withholding or deduction shall equal the respective amounts of principal and interest which would otherwise have been receivable in respect of the Notes, Receipts or Coupons, as the case may be, in the absence of such withholding or deduction; except that no such additional amounts shall be payable with respect to any Note, Receipt or Coupon:
(a) the holder of which is liable for Taxes in respect of such Note by reason of having some connection with the Relevant Jurisdiction other than a mere holding of the Note; or
(b) presented for payment in the United States; or
(c) presented for payment by or on behalf of a holder who is liable for would have been able to avoid such taxes withholding or duties in respect deduction by satisfying any statutory or procedural requirements (including, without limitation, the provision of such Note, Receipt information or Coupon by reason of the holder having some connection with an Internal Revenue Service Form W-8 or Form W-9 (or a Tax Jurisdiction other than the mere holding of such Note, Receipt or Couponsuccessor form)); or
(bd) presented for payment more than 30 days after the Relevant Date (as defined below) except to the extent that the holder thereof would have been entitled to an additional amount on presenting the same for payment on such thirtieth day assuming that day to have been a Payment Day (as defined in Condition 7(f6.4)); or
(c) by . Notwithstanding the foregoing, no additional amount shall be payable for or on behalf account of (i) any taxes, duties, assessments or governmental charges that are imposed otherwise than by deduction or withholding from payments made under or with respect to the Notes, (ii) any taxes, duties, assessments or governmental charges that are imposed on or with respect to any payment on any Notes to a holder Noteholder who is a fiduciary, partnership, limited liability company, or person other than the Beneficial Owner of such Note, Receipt or Coupon who, at payment to the time of such presentation, is able to avoid such withholding or deduction by making a declaration of nonextent that the Beneficial Owner with DOCPROPERTY "cpCombinedRef" 0012034-residence or other similar claim for exemption and does not make such declaration or claim. As used herein:0005260 UKO2: 2004076912.9
Appears in 1 contract
Samples: Agency Agreement (Autoliv Inc)