Common use of Withholding of Taxes; Gross-Up Clause in Contracts

Withholding of Taxes; Gross-Up. Each payment by the Borrower under any Credit Document shall be made without deduction or withholding for any Taxes, unless such deduction or withholding is required by applicable law. If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required under applicable law to deduct for or withhold Taxes, then such Withholding Agent may make such deduction or so withhold and shall timely pay the full amount of withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by the Borrower shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section 3.13), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the Borrower Company under any Credit Loan Document shall be made without deduction or withholding for any Taxes, unless such deduction or withholding is required by applicable lawLaw (which, for purposes of this Section, shall include FATCA). If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required under applicable law to deduct for or withhold Taxes, then such Withholding Agent may make such deduction so deduct or so withhold and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable lawLaw. If such Taxes are Indemnified Taxes, then the amount payable by the Borrower Company shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section 3.13Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the or on account of any Borrower under any Credit Loan Document shall be made without deduction or withholding for any Taxes, unless such deduction or withholding is required by applicable any law. If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required under applicable law to deduct for (as determined in the good faith discretion of an applicable withholding agent) requires the deduction or withhold Taxeswithholding of any Tax from any such payment by a withholding agent, then such Withholding Agent may the applicable withholding agent shall be entitled to make such deduction or so withhold withholding and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If law and, if such Taxes are Indemnified Taxes, then the amount payable by the such Borrower shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section 3.13Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the Borrower or on account of any obligation of any Credit Party under any Credit Loan Document shall be made without deduction or withholding for any Taxes, unless such deduction or withholding is required by any applicable law. If any applicable law (as determined by an applicable Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required under applicable law to deduct for ) requires the deduction or withhold Taxeswithholding of any Tax from any such payment by a Withholding Agent, then such the applicable Withholding Agent may make such deduction shall be entitled to so deduct or so withhold and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by the Borrower applicable Credit Party shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section 3.13Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.