Borrower Withholding. If by reason of a change in any applicable Laws occurring after the date hereof, Borrower is required by Law to make any deduction or withholding in respect of any taxes (other than taxes imposed on or measured by the net income of Lender or any franchise tax imposed on Lender), duties or other charges from any payment due under the Note to the maximum extent permitted by law, the sum due from Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, Lender receives and retains a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made.
Borrower Withholding. If by reason of a change in any applicable laws occurring after the date hereof, or, as to an Eligible Assignee acquiring an interest in the Loans after the date hereof, after such Eligible Assignee purchases such interest in the Loan, Borrower is required by law to make any deduction or withholding in respect of any taxes (other than taxes imposed on or measured by the net income of any Lender or any franchise tax imposed on any Lender), duties or other charges from any payment due under the Note to the maximum extent permitted by law, to the extent that such Lender imposes such requirement generally with respect to similarly situated Borrower, the sum due from Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Lender receives and retains a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made. So long as no Event of Default has occurred and is continuing, upon written demand of Borrower, the Borrower may with thirty (30) days written notice to the Agent, require any such Lender requiring the Borrower to make such deductions or withholdings as set forth in this Section 2.10 to sell and assign its entire interest in the Loans pursuant to Section 13.22 hereof to any Eligible Assignee identified by the Borrower in its demand and reasonably approved by the Agent, upon payment by such Eligible Assignee of the entire par amount of such Lender's interest in the Loan, plus any amounts required to be paid hereunder and any applicable Breakage Costs.
Borrower Withholding. 41 9.5 Document and Recording Tax Indemnification..................................................... 41
Borrower Withholding. 17 ARTICLE 7
Borrower Withholding. If by reason of a change in any applicable Laws occurring after the date hereof, Borrowers are required by Law to make any deduction or withholding in respect of any taxes (other than taxes imposed on or measured by the net income of or receipts of Lender or any franchise tax imposed on Lender), duties or other charges from any payment due under the Note, the sum due from Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, Lender receives and retains a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made. Upon reasonable demand by Borrowers, absent an Event of Default, Lender shall deliver to the Borrower or to such government or taxing authority as Borrowers may reasonably direct such form or document as may be required by such government or taxing authority in order to allow Borrower to make a payment for the account of Lender pursuant to this Section 9.4 without such deduction or withholding or with such deduction or withholding at a reduced rate (so long as the completion or submission of such form or document would not in any way prejudice the legal or commercial position of the party in receipt of such demand), with any such form or document to be accurate and completed in a manner reasonably satisfactory to the Borrowers and to be executed and to be delivered with any reasonably required certification.
Borrower Withholding. (a) If by reason of a change in any applicable Laws occurring after the date hereof, Borrower is required by Law to make any deduction or withholding in respect of any taxes (other than taxes imposed on or measured by the net income of or receipts of a Lender or any franchise tax imposed on a Lender), duties or other charges from any payment due under any Note (all such nonexcluded taxes, duties and charges being hereinafter referred to as “Taxes”), the sum due from Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Lender receives and retains a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made; provided, however, that if Borrower’s obligation to deduct or withhold taxes is caused solely by such Lender’s, or Administrative Agent’s failure to provide the forms described in Section 9.4(d) and such Lender or Administrative Agent could have provided such forms or if such Lender or Administrative Agent (as the case may be) fails to comply with Section 9.4(f), no such increase shall be required; (ii) Borrower shall make such deductions; and (iii) Borrower shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable Laws.
