Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 19 contracts
Samples: Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor the Borrower is required to make a Tax Deduction, in which case the sum payable by such Obligor the Borrower (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 14 contracts
Samples: Facility Agreement, Facilities Agreement (WEIBO Corp), Agreement (Diodes Inc /Del/)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party the Lender under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor the Borrower is required to make a Tax Deduction, in which case the sum payable by such Obligor the Borrower (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party the Lender receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 13 contracts
Samples: Agreement (Daqo New Energy Corp.), Facility Agreement (Xunlei LTD), Facility Agreement (Melco Resorts & Entertainment LTD)
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party the Lender under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party the Lender receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 10 contracts
Samples: Facility Agreement (Pacific Alliance Group LTD), Facility Agreement (Sun Wise (UK) Co., LTD), Loan Agreement (Phoenix New Media LTD)
Tax gross-up. (a) All payments to be made by an Obligor Party to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor Party is required to make a Tax Deduction, in which case the sum payable by such Obligor Party (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 5 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Company to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor the Company is required to make a Tax Deduction, in which case the sum payable by such Obligor the Company (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement, Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor Borrower is required to make a Tax Deduction, in which case the sum payable by such Obligor Borrower (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 2 contracts
Samples: Facility Agreement (TOM Group LTD), Facility Agreement (Tom Online Inc)
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction Deduction, unless such the Obligor is required to make a Tax Deduction, Deduction in which case the sum payable by such the Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum sum, net of any deduction or withholding Tax Deduction, equal to the sum which it would have received had if no such Tax Deduction had been made or required to be maderequired.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor the Borrower is required to make a Tax DeductionDeduction by operation of law, in which case the sum payable by such Obligor the Borrower (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 2 contracts
Samples: Agreement (Tiffany & Co), S130333 Facility Agreement (Tiffany & Co)
Tax gross-up. (a) All payments to be made by an a Primary Obligor to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction Deduction, unless such Primary Obligor is required to make a Tax Deduction, in which case the sum payable by such Primary Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)
Tax gross-up. (a) All payments to be made by an Obligor a Loan Party to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction Deduction, unless such Obligor Loan Party is required to make a Tax Deduction, in which case the sum payable by such Obligor Loan Party (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had if no such Tax Deduction had been made or required to be made.
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Tax gross-up. (a) All payments to be made by an Obligor party hereto to any Finance Party under any of the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 2 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction, unless a Tax Deduction unless such Obligor is required to make a Tax Deduction, by law in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) the Borrower shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum net sum, not of any deduction or withholding Tax Deduction, equal to the sum which it would have received had no such Tax Deduction been made or required to be maderequired.
Appears in 1 contract
Samples: Sesa Sterlite LTD
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction Deduction, unless such the Obligor is required by law to make a Tax Deduction, Deduction in which case the sum payable by such the Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum sum, net of any deduction or withholding Tax Deduction, equal to the sum which it would have received had if no such Tax Deduction had been made or required to be maderequired.
Appears in 1 contract
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction, unless a Tax Deduction unless such Obligor is required to make a Tax Deduction, by law in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) the Borrower shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum sum, net of any deduction or withholding Tax Deduction, equal to the sum which it would have received had no such Tax Deduction been made or required to be maderequired.
Appears in 1 contract
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required by applicable law or regulation to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Amkor Technology, Inc.
Tax gross-up. (a) All Subject to paragraph (b) below, all payments to be made by an Obligor to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required by law to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Agreement
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction, unless a Tax Deduction unless such Obligor is required to make a Tax Deduction, by law in which case the sum payable by such that Obligor (in respect of to which such Tax Deduction is required to be maderelates) shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum sum, net of any deduction or withholding Tax Deduction, equal to the sum which it would have received had if no such Tax Deduction had been made or required to be maderequired.
Appears in 1 contract
Samples: Energizer Holdings Inc
Tax gross-up. (a) All payments to be made by an Obligor or Security Provider to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor or Security Provider is required to make a Tax Deduction, in which case the sum payable by such Obligor or Security Provider (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Assignment Agreement (China Shandong Industries, Inc.)
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party the Lender under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party the Lender receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Facility Agreement (Cheng Zheng)
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction, unless a Tax Deduction unless such Obligor is required to make a Tax Deduction, by law in which case the sum payable by such that Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such the Finance Party concerned receives a sum sum, net of any deduction or withholding Tax Deduction, equal to the sum which it would have received had if no such Tax Deduction had been made or required to be maderequired.
Appears in 1 contract
Samples: Agreement (Energizer Holdings Inc)
Tax gross-up. (aA) All payments to be made by an Obligor to any Finance Party the Lender under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party the Lender receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: www.hk1282.com
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the or in connection with a Finance Documents Document shall be made free and clear of and without any Tax Deduction unless such Obligor is required by law to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Facility Agreement (Tongjitang Chinese Medicines Co)
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under any of the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor is required to make a Tax Deduction, in which case the sum payable by such Obligor (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)
Tax gross-up. (a) All payments to be made by an Obligor the Borrower to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor the Borrower is required to make a Tax Deduction, in which case the sum payable by such Obligor the Borrower (in respect of which such Tax Deduction Bridge Facility Agreement 7/60 is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Tax gross-up. (a) All payments to be made by an Obligor a Borrower to any Finance Party under the Finance Documents shall be made free and clear of and without any Tax Deduction unless such Obligor Borrower is required to make a Tax Deduction, in which case the sum payable by such Obligor Borrower (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.
Appears in 1 contract
Tax gross-up. (a) All payments to be made by an Obligor to any Finance Party under the any Finance Documents shall Document will be made free and clear of of, and without deduction for or on account of, any Tax Deduction present or future tax unless such Obligor is required by law to make such a Tax Deductionpayment subject to the deduction or withholding of tax, in which case the sum payable by such Obligor case, subject to Clause 9.5 (in respect of which such Tax Deduction is required to be made) shall be increased to the extent necessary to ensure that such Finance Party receives a sum net of any deduction or withholding equal to the sum which it would have received had no such Tax Deduction been made or required to be made.Qualifying Bank):
Appears in 1 contract
Samples: Shurgard Storage Centers Inc