After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 39 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (Capitalsource Inc)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 24 contracts
Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Fifth Street Finance Corp), Loan and Servicing Agreement (Solar Capital Ltd.)
After-Tax Basis. Indemnification under Section Sections 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 22 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
After-Tax Basis. Indemnification under Section 11.1 9.01 and Section 11.2 9.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 15 contracts
Samples: Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.)
After-Tax Basis. Indemnification under Section 11.1 Sections 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 14 contracts
Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (Franklin BSP Capital Corp)
After-Tax Basis. Indemnification under Section 11.1 Sections 10.1 and Section 11.2 10.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 12 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party), but subject to Section 4.3.
Appears in 7 contracts
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (Capital Southwest Corp), Financing and Servicing Agreement (HMS Income Fund, Inc.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Indemnified Party.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc), Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (D & K Healthcare Resources Inc)
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party).
Appears in 6 contracts
Samples: Loan Financing and Servicing Agreement (AB Private Credit Investors Corp), Loan Financing and Servicing Agreement (Business Development Corp of America), Loan Financing and Servicing Agreement (TCP Capital Corp.)
After-Tax Basis. Indemnification under Section 11.1 Sections 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 8.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 5 contracts
Samples: Loan and Security Agreement (FS Investment CORP), Loan and Security Agreement (FS Investment Corp III), Loan and Servicing Agreement (FS Investment Corp II)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (Business Development Corp of America)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 4 contracts
Samples: Master Repurchase Agreement (Municipal Mortgage & Equity LLC), Master Repurchase Agreement (Northstar Realty), Revolving Loan Agreement (Arbor Realty Trust Inc)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Sale Indemnified Party whole after taking into account any tax consequences to the Sale Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Sale Indemnified Party.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Conmed Corp), Purchase and Sale Agreement (Maxtor Corp), Purchase and Sale Agreement (D & K Healthcare Resources Inc)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to Tax imposed on the Indemnified Party of resulting from the receipt of the indemnity provided hereunder, including including, without limitation, the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of attributable to the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)
After-Tax Basis. Indemnification under Section 11.1 10.1 and Section 11.2 10.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the payment of any of the aforesaid taxes and the receipt of the indemnity provided hereunder or of any refund of any such tax previously indemnified hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Loan Agreement (Meridian Venture Group LLC), Loan Agreement (Meridian Venture Group LLC)
After-Tax Basis. Indemnification under Section 11.1 Sections 11.1, 11.2 and Section 11.2 11.3 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 2 contracts
Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in --------------- an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the payment of any of the aforesaid taxes and the receipt of the indemnity provided hereunder or of any refund of any such tax previously indemnified hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Indemnified Party.
Appears in 1 contract
Samples: Receivables Financing Agreement (Anntaylor Stores Corp)
After-Tax Basis. Indemnification under Section 11.1 Sections 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.. 140
Appears in 1 contract
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.. 118
Appears in 1 contract
Samples: Loan and Servicing Agreement (Golub Capital BDC, Inc.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of 144 such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 8.01 and Section 11.2 8.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the Sale Indemnified Party whole after taking into account any tax consequences to the Sale Indemnified Party of attributable to the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the Sale Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 Sections 7.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
After-Tax Basis. Indemnification under Section 11.1 16.1 and Section 11.2 16.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunderhereunder (or of -120- the incurrence of the underlying damage, cost or expense), including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party (and the effect of any deduction or loss realized by the Indemnified Party).
Appears in 1 contract
Samples: Financing and Servicing Agreement (BlackRock TCP Capital Corp.)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 hereunder shall be in an amount necessary to make the related Indemnified Party whole after taking into account any tax consequences to the such Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that which is or was payable by the such Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 9.01 and Section 11.2 9.02 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax Tax or refund on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.. 154 DMSLIBRARY01\32370595.v1
Appears in 1 contract
After-Tax Basis. Indemnification under Section Sections 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.. 87
Appears in 1 contract
Samples: Loan and Security Agreement (Credit Acceptance Corporation)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the 130 receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 8.01 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax Tax consequences to the Indemnified Party of the receipt of the indemnity payment provided hereunder, including the effect of such tax or refund payment on the amount of tax Tax measured by net income or profits that is or was payable by the Indemnified Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (FS Energy & Power Fund)
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.. 84
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.. 127
Appears in 1 contract
After-Tax Basis. Indemnification under Section 11.1 and Section 11.2 shall be in an amount necessary to make the Indemnified Party whole after taking into account any tax consequences to the Indemnified Party of the receipt of the indemnity provided hereunder, including the effect of such tax or refund on the amount of tax measured by net income or profits that is or was payable by the Indemnified Party.. 155
Appears in 1 contract
Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)
