Taxes and Other Deductions. 5.1 TAX GROSS-UP (a) All sums payable by the Guarantor under this Deed shall be paid in full without any restriction or condition and free and clear of any Tax or other deductions or withholdings of any nature except to the extent that the Guarantor is required by _______________________________________________________________________________ [Guarantee and Indemnity] law to make payment subject to any Taxes. (b) If at any time the Guarantor or any other person is required in any jurisdiction to make any deduction or withholding in respect of Taxes or otherwise from any payment due under this Deed for the account of the Security Trustee or any other Finance Party (or if the Security Trustee is required to make any such deduction or withholding from a payment to any other Finance Party), the sum due from the Guarantor in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Trustee and each Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made. (c) The Guarantor's obligations under Clause 5.1(a) and Clause 5.1(b) shall not apply in respect of any Tax on Overall Net Income levied on a Finance Party. (d) All Taxes required by law to be deducted or withheld by the Guarantor from any amounts paid or payable under this Deed shall be paid by the Guarantor when due (except for such amounts being disputed by the Guarantor in good faith) to the relevant taxing authority.
Appears in 2 contracts
Samples: Guarantee and Indemnity (China Netcom Group CORP (Hong Kong) LTD), Guarantee and Indemnity (China Netcom Group CORP (Hong Kong) LTD)
Taxes and Other Deductions. 5.1 7.1 TAX GROSS-UP
(a) All sums payable by the Guarantor Subordinated Lender or any other person under this Deed shall be paid in full without any restriction or condition and free and clear of any Tax or other deductions or withholdings of any nature except to the extent that the Guarantor is required by _______________________________________________________________________________ [Guarantee and Indemnity] law to make payment subject to any Taxesnature.
(b) If at any time the Guarantor Subordinated Lender or any other person is required in any jurisdiction to make any deduction or withholding in respect of Taxes or otherwise from any payment due under this Deed for the account of the Security Trustee or any other Finance Party (or if the Security Trustee is required to make any such deduction or withholding from a payment to any other Finance Party), the sum due from the Guarantor Subordinated Lender in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Security Trustee and each Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made.
(c) The GuarantorSubordinated Lender's obligations under Clause 5.1(aClauses 7.1(a) and Clause 5.1(b(b) shall not apply in respect of any Tax on Overall Net Income levied on a the Security Trustee or any other Finance Party.
(d) All Taxes required by law to be deducted or withheld by the Guarantor Subordinated Lender from any amounts amount paid or payable under this Deed shall be paid by the Guarantor Subordinated Lender when due (except for such amounts being disputed by the Guarantor Subordinated Lender in good faith) to the relevant taxing tax authority.
Appears in 2 contracts
Samples: Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD), Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD)