Common use of Additional Cost in Respect of Tax Clause in Contracts

Additional Cost in Respect of Tax. (a) PAYMENTS FREE AND CLEAR. Each payment to be made by the Company hereunder or in connection herewith to any Lender or any other Person shall be made free and clear of and without deduction for or on account of any Tax unless the Company is required to make such payment subject to the deduction or withholding of Tax, in which case (except for Excluded Taxes) the sum payable by the Company in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, such other Person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had not such deduction or withholding been made or required to be made.

Appears in 2 contracts

Samples: Credit Agreement (Ocean Energy Inc), Credit Agreement (United Meridian Corp)

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Additional Cost in Respect of Tax. (a) PAYMENTS FREE AND CLEAR. Each payment to be made by the Company hereunder or in connection herewith to any Agent or Lender or any other Person shall be made free and clear of and without deduction for or on account of any Tax unless the Company is required to make such payment subject to the deduction or withholding of Tax, in which case (except for Excluded Taxes) the sum payable by the Company in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, such other Person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had not such deduction or withholding been made or required to be made.

Appears in 1 contract

Samples: Global Credit Agreement (Ocean Energy Inc)

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Additional Cost in Respect of Tax. (aA) PAYMENTS FREE AND CLEAR. Each payment to be made by the Company hereunder or in connection herewith to any Agent or Lender or any other Person shall be made free and clear of and without deduction for or on account of any Tax unless the Company is required to make such payment subject to the deduction or withholding of Tax, in which case (except for Excluded Taxes) the sum payable by the Company in respect of which such deduction or withholding is required to be made shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, such other Person receives and retains (free from any liability in respect of any such deduction or withholding) a net sum equal to the sum which it would have received and so retained had not such deduction or withholding been made or required to be made.

Appears in 1 contract

Samples: Global Credit Agreement (Ocean Energy Inc)

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