Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT. (b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 19 contracts
Samples: Loan Agreement (Ship Acquisition Inc.), Third Amendment Agreement (Kronos International Inc), Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VATexpenses.
Appears in 18 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Credit Facility Agreement (Lafarge), Debt Bridge Facility Agreement (Xstrata PLC)
Value Added Tax. (aA) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VATVAT against delivery of an appropriate VAT invoice.
(bB) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party obligation shall also at the same time pay and indemnify the Finance Party against be deemed to extend to all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that neither the Finance Party nor any other member of any VAT group of which it is not a member is entitled to credit or repayment of the VAT.
Appears in 14 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.), Facility Agreement (Vaalco Energy Inc /De/)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party an Obligor to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with chargeable, the Obligor shall, following delivery of a Finance DocumentVAT invoice, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party an Obligor to reimburse a Finance Party for any costs or expenses, that Party Obligor shall also at the same time pay and indemnify the that Finance Party against all VAT incurred by the that Finance Party in respect of the costs or expenses save to the extent that the that Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the VAT.
Appears in 11 contracts
Samples: Senior Secured Credit Facility (Liberty Global PLC), Facility Agreement (Liberty Global, Inc.), Credit Agreement (Liberty Global, Inc.)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Documentsuch consideration, that Party shall pay to the Finance Party (or directly to the appropriate tax authority, if so required by law) (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that neither it nor any other member of the group of which it is not a member for VAT purposes is entitled to credit or repayment from the relevant tax authority in respect of the VAT.
Appears in 8 contracts
Samples: $300,000,000 Ekn Supported Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc), Export Credit Agreement (Mobile Telesystems Ojsc)
Value Added Tax. (a) 12.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) 12.6.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 6 contracts
Samples: Facilities Agreement (Hungarian Telephone & Cable Corp), Term Facility Agreement (Luxottica Group Spa), Loan Agreement (Luxottica Group Spa)
Value Added Tax. (a) 12.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) 12.6.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment or refund of the VAT.
Appears in 6 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable chargeable, on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 4 contracts
Samples: Revolving Credit Facility Agreement (General Geophysics Co), Single Currency Term Facility Agreement (General Geophysics Co), Facility Agreement (Sanofi Synthelabo Sa)
Value Added Tax. (a) 13.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) 13.6.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 3 contracts
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Facility Agreement (Morgans Hotel Group Co.), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party the Borrower to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party the Borrower in connection with a Finance Document, that Party the Borrower shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party the Borrower to reimburse a Finance Party for any costs or expenses, that Party the Borrower shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 3 contracts
Samples: Bridge Loan Facility Agreement (SeaDrill LTD), Amendment Agreement (Ship Finance International LTD), Term Loan Facility Agreement (Ship Finance International LTD)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Documentsuch consideration, that Party shall pay to the Finance Party (or directly to the appropriate tax authority, if so required by law) (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VATexpenses.
Appears in 2 contracts
Samples: Facility Agreement (CTC Media, Inc.), Facility Agreement (Lillian Acquisition, Inc.)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.. Back to Contents
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses save to the extent that the Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the such VAT.
Appears in 2 contracts
Samples: Facility Agreement (Mitchells & Butlers PLC), Facility Agreement (Intercontinental Hotels Group PLC /New/)
Value Added Tax. (a) All consideration amounts expressed to be payable under a Finance Document by any Party party to a Finance Creditor Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Creditor Party to any Party part in connection with a Finance Document, that Party party shall pay to the Finance Creditor Party (in addition additional to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party party to reimburse a Finance Creditor Party for any costs or expenses, that Party party shall also at the same time pay and indemnify the Finance Creditor Party against all VAT incurred by the Finance Creditor Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 2 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Euronav NV)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the considerationconsideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 2 contracts
Samples: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Value Added Tax. (a) 14.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, Document that Party shall pay to the Finance Party (in addition to and at the same time as paying the that consideration) an amount equal to the amount of the VAT.
(b) 14.6.2 Where a Finance Document requires any Party an Obligor to reimburse a Finance Party for any costs or expenses, that Party Obligor shall also at the same time pay and indemnify the that Finance Party against all VAT incurred by the that Finance Party in respect of the costs or expenses save to the extent that the that Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the VAT.
Appears in 1 contract
Samples: Facility Agreement (British Sky Broadcasting Group PLC)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is properly chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the that Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Facility Agreement (Yell Finance Bv)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Financing Document by any Party an Obligor to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Documentchargeable, that Party the relevant Obligor shall pay to the Finance Party (in addition to and at the same time as paying the considerationconsideration or, if later, on demand) an amount equal to the amount of the VAT.
(b) Where a Finance Financing Document requires any Party an Obligor to reimburse a Finance Party for any costs or expenses, that Party Obligor shall also at the same time pay and indemnify the that Finance Party against all VAT incurred by the that Finance Party in respect of the costs or expenses save to the extent that the that Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the VAT.
Appears in 1 contract
Samples: Credit Agreement (Reh Mergersub Inc)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses save to the extent that the Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the such VAT.
Appears in 1 contract
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the that Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable chargeable, on any supply made by any Finance Party to any Party in connection with a Finance Document, that such Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that such Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Value Added Tax. (a) 14.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) 14.6.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Value Added Tax. (a) 12.6.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) consideration an amount equal to the amount of the VAT.
(b) 12.6.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Credit Agreement (Corporate Property Associates 16 Global Inc)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Facilities Agreement (Bunge LTD)
Value Added Tax. (a) All consideration amounts expressed to be payable under a Finance Document by any Party party to a Finance Creditor Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party Creditor Part to any Party part in connection with a Finance Document, that Party party shall pay to the Finance Creditor Party (in addition additional to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party party to reimburse a Finance Creditor Party for any costs or expenses, that Party party shall also at the same time pay and indemnify the Finance Creditor Party against all VAT incurred by the Finance Creditor Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Loan Agreement (Euronav NV)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party the Borrowers to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party the Borrowers in connection with a Finance Document, that Party the Borrowers shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party the Borrowers to reimburse a Finance Party for any costs or expenses, that Party the Borrowers shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Senior Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT. 17.
Appears in 1 contract
Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)
Value Added Tax. (a) 17.7.1 All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any other Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) 17.7.2 Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Credit Agreement (Axa Financial Inc)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses save to the extent that the that Finance Party reasonably determines that it is not entitled to repayment or credit or repayment in respect of the VAT.
Appears in 1 contract
Value Added Tax. (ai) All consideration expressed to be payable under a Finance Document by any Party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party in connection with a Finance Document, that Party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(bii) Where a Finance Document requires any Party to reimburse a Finance Party for any costs or expenses, that Party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Third Amendment Agreement (Kronos International Inc)
Value Added Tax. (a) All consideration expressed to be payable under a Finance Document by any Party party to a Finance Party shall be deemed to be exclusive of any VAT. If VAT is chargeable on any supply made by any Finance Party to any Party party in connection with a Finance Document, that Party party shall pay to the Finance Party (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT.
(b) Where a Finance Document requires any Party party to reimburse a Finance Party for any costs or expenses, that Party party shall also at the same time pay and indemnify the Finance Party against all VAT incurred by the Finance Party in respect of the costs or expenses to the extent that the Finance Party reasonably determines that it is not entitled to credit or repayment of the VAT.
Appears in 1 contract
Samples: Facilities Agreement (Carnival PLC)
