Taxes and Other Taxes. (1) All payments to the Lender by the Borrower under any of the Credit Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”) imposed by Canada or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by Applicable Law to be deducted or withheld. If a Credit Party shall be required by Applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under any of the Credit Documents (i) the amount payable shall be increased as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 10.7(1)), the Lender receives an amount equal to the amount it would have received if no such deduction or withholding had been made, (ii) the Borrower shall make such deductions or withholdings, and (iii) the Borrower shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with Applicable Law.
Appears in 6 contracts
Samples: Stream Credit Agreement (Royal Standard Minerals Inc), Stream Credit Agreement (Royal Standard Minerals Inc), Stream Credit Agreement (Royal Standard Minerals Inc)
Taxes and Other Taxes. (1a) All payments to the Lender by the Borrower Credit Parties under any of the Credit Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”) imposed by United States of America, Canada or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by Applicable Law to be deducted or withheld. If a Credit Party shall be required by Applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under any of the Credit Documents (i) the amount payable shall be increased as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 10.7(110.7(a)), the Lender receives an amount equal to the amount it would have received if no such deduction or withholding had been made, (ii) the Borrower Credit Parties shall make such deductions or withholdings, withholdings and (iii) the Borrower Credit Parties shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with Applicable Law.
Appears in 2 contracts
Samples: Senior Secured Gold Stream Credit Agreement (Gryphon Gold Corp), Gold Stream Credit Agreement (Gryphon Gold Corp)
Taxes and Other Taxes. (1) All payments to a Bondholder under the Lender by the Borrower under any of the Credit Documents Bond shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “"Taxes”") imposed by Canada or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by Applicable applicable Law to be deducted or withheld. If a Credit Party the Corporation shall be required by Applicable applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under any of Bond except, as provided in the Credit Documents next sentence, (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 10.7(1)2.8), the Lender Bondholder receives an amount equal to the amount it would have received if no such deduction or withholding had been made, (ii) the Borrower Corporation shall make such deductions or withholdings, and (iii) the Borrower Corporation shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity governmental entity in accordance with Applicable applicable Law. The Corporation will not be required to pay any such additional amounts to any Bondholder by reason of that Bondholder being connected with Canada otherwise than merely by lending money to the Corporation pursuant to this Indenture.
Appears in 1 contract
Samples: Royal Oak Mines Inc
Taxes and Other Taxes. (1) All payments to the Lender by the Borrower under any of the Credit Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”"TAXES") imposed by Canada or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by Applicable Law applicable law to be deducted or withheld. If a Credit Party the Borrower shall be required by Applicable Law applicable law to deduct or withhold any such Taxes from or in respect of any amount payable under any of the Credit Documents (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 10.7(1)), the Lender receives an amount equal to the amount it they would have received if no such deduction or withholding had been made, (ii) the Borrower shall make such deductions or withholdings, and (iii) the Borrower shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity Authority in accordance with Applicable Lawapplicable law.
Appears in 1 contract
Taxes and Other Taxes. (1a) All payments to the Lender by the Borrower Credit Parties under any of the Credit Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”) imposed by Canada Canada, the United States, or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by Applicable Law to be deducted or withheld. If a Credit Party shall be required by Applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under any of the Credit Documents (i) the amount payable shall be increased as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 10.7(110.8(a)), the Lender receives an amount equal to the amount it would have received if no such deduction or withholding had been made, (ii) the Borrower Credit Parties shall make such deductions or withholdings, withholdings and (iii) the Borrower Credit Parties shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with Applicable Law.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Atna Resources LTD)