Common use of Taxes Withholding Etc Clause in Contracts

Taxes Withholding Etc. unless such participant agrees, for the benefit of the Borrower, to comply with Section 2.18 (Taxes; Withholding, Etc.) and provide all forms required by Section 2.18(c) (Status of Lenders) as though it were a Lender (it being understood that the forms required by Section 2.18(c) (Status of Lenders) shall be delivered to the participating Lender and if required by law for reduced withholding, copies shall be delivered to the Borrower or to the Administrative Agent) and (z) a participant agrees to be subject to the provisions of Sections 2.18 (Taxes; Withholding, Etc.) and 2.21 (Removal or Replacement of Lenders) as if it were an assignee under clause (c) of this Section 10.7 (Successors and Assigns; Participations); provided further that, except as specifically set forth in clauses (x) and (y) of this sentence, nothing herein shall require any notice to the Borrower or any other Person in connection with the sale of any participation. To the extent permitted by law, each participant also shall be entitled to the benefits of Section 10.5 (Set Off) as though it were a Lender, provided such participant agrees to be subject to Section 2.15 (Ratable Sharing) as though it were a Lender. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with Borrower to effectuate the provisions of Sections 2.18 (Taxes; Withholding, Etc.) and 2.21 (Removal or Replacement of Lenders) with respect to any participant.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)

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Taxes Withholding Etc. unless such participant agrees, for the benefit of the Borrower, to comply with Section 2.18 2.17 (Taxes; Withholding, Etc.) and provide all forms required by Section 2.18(c2.17(c) (Status of Lenders) as though it were a Lender (it being understood that the forms required by Section 2.18(c2.17(c) (Status of Lenders) shall be delivered to the participating Lender and if required by law for reduced withholding, copies shall be delivered to the Borrower or to the Administrative AgentBorrower) and (z) a participant agrees to be subject to the provisions of Sections 2.18 (Taxes; Withholding, Etc.Obligation to Mitigate) and 2.21 2.20 (Removal or Replacement of Lendersa Lender) as if it were an assignee under clause Section 9.6(c) (c) of this Section 10.7 (Successors and Assigns; ParticipationsRight To Assign); provided further that, except as specifically set forth in clauses (x) and (y) of this sentence, nothing herein shall require any notice to the Borrower or any other Person in connection with the sale of any participation. To the extent permitted by law, each participant also shall be entitled to the benefits of Section 10.5 9.4 (Set Off) as though it were a Lender, provided such participant agrees to be subject to Section 2.15 2.14 (Ratable Sharing) as though it were a Lender. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with Borrower to effectuate the provisions of Sections 2.18 (Taxes; Withholding, Etc.Obligation to Mitigate) and 2.21 2.20 (Removal or Replacement of Lendersa Lender) with respect to any participant.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.)

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Taxes Withholding Etc. unless such participant agrees, for the benefit of the Borrower, to comply with Section 2.18 2.17 (Taxes; Withholding, Etc.) and provide all forms required by Section 2.18(c2.17(c) (Status of Lenders) as though it were a Lender (it being understood that the forms required by Section 2.18(c2.17(c) (Status of Lenders) shall be delivered to the participating Lender and if required by law for reduced withholding, copies shall be delivered to the Borrower or to the Administrative AgentBorrower) and (z) a participant agrees to be subject to the provisions of Sections 2.18 (Taxes; Withholding, Etc.Obligation to Mitigate) and 2.21 2.20 (Removal or Replacement of Lendersa Lender) as if it were an assignee under clause Section 9.6(c) (c) of this Section 10.7 (Successors and Assigns; ParticipationsRight To Assign); provided further that, except as specifically set forth in clauses (x) and (y) of this sentence, nothing herein shall require any notice to the Borrower or any other Person in connection with the sale of any participation. To the extent permitted by law, each participant also shall be entitled to the benefits of Section 10.5 9.4 (Set Off) as though it were a Lender, provided such participant agrees to be subject to Section 2.15 2.14 (Ratable Sharing) as though it were a Lender. Each Lender that sells a participation agrees, at the BorrowerXxxxxxxx’s request and expense, to use reasonable efforts to cooperate with Borrower to effectuate the provisions of Sections 2.18 (Taxes; Withholding, Etc.Obligation to Mitigate) and 2.21 2.20 (Removal or Replacement of Lendersa Lender) with respect to any participant.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.)

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