Excess Withholding Taxes definition

Excess Withholding Taxes means, with respect to any Lender, any withholding taxes, or any portion thereof, which would not have been imposed but for (a) failure by such Lender (i) to provide to Borrower a letter specifying that such Lender is the effective beneficiary of the interest payments hereunder and under its Promissory Note, as set forth in the “Miscellaneous Tax Resolution for 2006” (Resolución Miscelanea Fiscal para 2006) or any equivalent general rules in effect thereafter while this Agreement shall remain in full force and effect, (ii) to use reasonable commercial efforts to complete and file with the appropriate governmental authority, or to provide to Borrower such forms, certificates, information, applications or declarations required by any such law, rule or regulation enacted or issued by Mexico or any political subdivision thereof or authority therein, or a double taxation treaty to which Mexico is a party that are a precondition for a reduction of or exemption from such Taxes to which such Lender is entitled (provided that, such Lender shall not be under any obligation to provide any information to Borrower which it deems, in its reasonable judgment, to be confidential or legally or commercially prejudicial to such Lender), or (iii) to use its reasonable commercial efforts to maintain its status as a Registered Entity, or (b) the assignment of the Term Loans or any portion thereof to an entity which is not a Mexican bank or a Registered Entity at the time of such assignment or which subsequently fails to comply with the provisions of clauses (a)(i) through (a)(iii) above as applicable to such Lender.
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Excess Withholding Taxes means any Taxes in respect of a payment made hereunder which are imposed by the United Mexican States in excess of the Minimum Mexican Withholding Tax to the extent such excess Taxes have been imposed as a direct result of: (a) the failure by any Bank to provide the affected Borrowers upon request, if and when required under applicable law, a certificate specifying that such Bank is the ultimate beneficiary of any interest paid by the affected Borrowers pursuant to this Agreement, as set forth in the “Resolución que Establece Para 2001 Reglas de Carácter General aplicables a los Impuestos y Derechos Federales, excepto a los relacionados con el Comercio Exterior” (as amended from time to time), or any administrative rule; (b) the failure by any Bank, following a reasonable request of the affected Borrowers, to complete and file with the appropriate Mexican governmental authority, or to provide to the affected Borrowers, such forms, certificates, documents, information, applications, declarations or returns prescribed by any law, rule or regulation enacted or issued by Mexico or any political subdivision thereof or taxing authority therein, or a double taxation treaty to which Mexico is a party, that are necessary to avoid or reduce any such taxes, assessments, duties, levies or imposts pursuant to the provisions of any such law, rule or regulation; or (c) the failure by any Bank to maintain registration with the Mexican Ministry of the Treasury and Public Finance (Secretaria de Hacienda y Crédito Público) as a foreign financial institution for purposes of paragraph I(a) of Article 195 of the Mexican Income Tax Law (Ley del Impuesto Sobre la Renta), under Section I of Book I of the Registro de Bancos, Entidades de Financiamiento, Fondos de Pensiones y Jubilaciones y Fondos de Inversión del Extranjero referred to in Article 197 of the Mexican Income Tax Law or any successor provision thereto; or (d) the redesignation of a Bank’s Applicable Lending Office.
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Excess Withholding Taxes. Interest Payment Date," "LIBOR Period," "Take-Out Financing" and "Termination Date" and replacing them with the following.
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Examples of Excess Withholding Taxes in a sentence

  • All payments of principal, interest, fees and other amounts made or in respect to this Agreement or the Loan Documents shall be made without set-off or counterclaim and free and clear of and without deduction for any and all Taxes (other than Excess Withholding Taxes).

  • On 19 June 2023 the Commission issued a proposal for a Council Directive on Faster and Safer Relief of Excess Withholding Taxes (”FASTER”)10.

  • All payments of principal, interest, fees and other amounts made, or in respect to this Agreement or the Loan Documents, shall be made without setoff or counterclaim and free and clear of and without deduction for any and all present and future Taxes or Mexican taxes (other than Excess Withholding Taxes).


More Definitions of Excess Withholding Taxes

Excess Withholding Taxes means any Taxes in respect of a payment made hereunder which are imposed by Mexico in excess of the Minimum Mexican Withholding Tax to the extent such excess Taxes have been imposed as a direct result of: (a) the failure by any Bank to provide the affected Credit Parties upon request, if and when required under applicable law, a certificate specifying that such Bank is the ultimate beneficiary of any interest paid by the affected Credit Parties pursuant to this Agreement, as set forth in the
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Related to Excess Withholding Taxes

  • Withholding Taxes means any taxes, including, but not limited to, social security and Medicare taxes and federal, state and local income taxes, required to be withheld under any applicable law.

  • Swiss Withholding Tax means any withholding tax in accordance with the Swiss Federal Statute on Anticipatory Tax of 13 October 1965 (Bundesgesetz uber die Verrechnungssteuer) and any successor provision, as appropriate.

  • Swiss Withholding Tax Act means the Swiss Federal Act on Withholding Tax of 13 October 1965 (Bundesgesetz über die Verrechnungssteuer), together with the related ordinances, regulations and guidelines, all as amended and applicable from time to time.

  • Applicable Withholding Taxes means the minimum aggregate amount of federal, state and local income and payroll taxes that the Company is required by applicable law to withhold in connection with any Incentive Award.

  • Withholding Tax means any tax, deduction, levy or similar payment obligation that is required to be deducted or withheld from a payment under Applicable Law.

  • FATCA Withholding Tax means any U.S. federal withholding tax imposed or collected pursuant to Sections 1471 through 1474 of the Code, any current or future regulations or official interpretations thereof, any agreement entered into pursuant to Section 1471(b) of the Code, or any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with the implementation of such Sections of the Code.

  • Unpaid withholding tax means withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.

  • Excluded Withholding Taxes means (i) withholding Taxes imposed by the United States except to the extent that such United States withholding Taxes are imposed or increased as a result of any change in applicable law (excluding from change in applicable law for this purpose a change in an applicable treaty or other change in law affecting the applicability of a treaty) after the date hereof, or in the case of a successor Liquidity Provider (including a transferee of an Advance) or Facility Office, after the date on which such successor Liquidity Provider obtains its interest or on which the Facility Office is changed, (ii) any withholding Taxes imposed by the United States which are imposed or increased as a result of the Liquidity Provider failing to deliver to the Borrower any certificate or document (which certificate or document in the good faith judgment of the Liquidity Provider it is legally entitled to provide) which is reasonably requested by the Borrower to establish that payments under this Agreement are exempt from (or entitled to a reduced rate of) withholding Tax and (iii) Taxes imposed under Sections 1471 through 1474 of the Internal Revenue Code of 1986, as amended.

  • FATCA Withholding means any withholding or deduction required pursuant to an agreement described in section 1471(b) of the Code, or otherwise imposed pursuant to sections 1471 through 1474 of the Code, any regulations or agreements thereunder, any official interpretations thereof, or any law implementing an intergovernmental approach thereto.

  • Cash Taxes in respect of any fiscal period means amounts actually paid by the Companies in such fiscal period in respect of income and capital Taxes (whether relating to such fiscal period or any other fiscal period).

  • Payroll Taxes means State Unemployment Insurance (SUI), Federal Unemployment Insurance (FUI), and payments pursuant to the Federal Insurance Contributions Act (FICA).

  • Required Withholding Amount has the meaning specified in Section 5 of this Agreement.

  • New jobs credit from withholding means the credit as provided in Iowa Code section 260E.5.

  • Withholding means the retention of aid payments.

  • Tax Obligations means taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses.

  • U.S. Taxes means any present or future tax, assessment or other charge or levy imposed by or on behalf of the United States of America or any taxing authority thereof or therein.

  • Income Taxes means any Tax which is based upon, measured by, or calculated with respect to (i) net income or profits (including, but not limited to, any capital gains, gross receipts, value added or minimum Tax) or (ii) multiple bases (including, but not limited to, corporate franchise, doing business or occupation Taxes) if one or more of the bases upon which such Tax may be based, by which it may be measured, or with respect to which it may be calculated is described in clause (i) of this sentence.

  • Cumulative Net Realized Tax Benefit for a Taxable Year means the cumulative amount of Realized Tax Benefits for all Taxable Years of the Corporate Taxpayer, up to and including such Taxable Year, net of the cumulative amount of Realized Tax Detriments for the same period. The Realized Tax Benefit and Realized Tax Detriment for each Taxable Year shall be determined based on the most recent Tax Benefit Schedule or Amended Schedule, if any, in existence at the time of such determination.

  • Tax Withholdings means tax, social insurance and social security liability or premium obligations in connection with the awards under the Plan, including without limitation: (a) all federal, state, and local income, employment and any other taxes (including the Participant’s U.S. Federal Insurance Contributions Act (FICA) obligation) that are required to be withheld by the Company Group, (b) the Participant’s and, to the extent required by the Company Group, the fringe benefit tax liability of the Company Group associated with an award under the Plan, and (c) any other taxes or social insurance or social security liabilities or premium the responsibility for which the Participant has, or has agreed to bear, with respect to such award under the Plan.

  • Applicable Taxes means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.

  • Total After-Tax Payments means the total of all “parachute payments” (as that term is defined in Section 280G(b)(2) of the Code) made to or for the benefit of the Executive (whether made hereunder or otherwise), after reduction for all applicable federal taxes (including, without limitation, the tax described in Section 4999 of the Code).

  • Tax Limitation Amount means the maximum amount which may be placed as the Appraised Value on the Applicant’s Qualified Property for maintenance and operations tax assessment in each Tax Year of the Tax Limitation Period of this Agreement pursuant to Section 313.054 of the TEXAS TAX CODE.

  • Change in Tax Law means the enactment, promulgation, execution or ratification of, or any change in or amendment to, any law (or in the application or official interpretation of any law) that occurs on or after the date on which the relevant Transaction is entered into.

  • Special Taxes means any and all present or future taxes, levies, imposts, deductions, charges or withholdings, or any liabilities with respect thereto, including those arising after the date hereof as result of the adoption of or any change in law, treaty, rule, regulation, guideline or determination of a Governmental Authority or any change in the interpretation or application thereof by a Governmental Authority but excluding, in the case of Lender, such taxes (including income taxes, franchise taxes and branch profit taxes) as are imposed on or measured by Lender’s net income by the United States of America or any Governmental Authority of the jurisdiction under the laws under which Lender is organized or maintains a lending office.

  • Connection Income Taxes means Other Connection Taxes that are imposed on or measured by net income (however denominated) or that are franchise Taxes or branch profits Taxes.

  • Additional Taxes means taxes, duties or other governmental charges imposed on the Trust as a result of a Tax Event (which, for the sake of clarity, does not include amounts required to be deducted or withheld by the Trust from payments made by the Trust to or for the benefit of the Holder of, or any Person that acquires a beneficial interest in, the Securities).