Common use of Calculation of General Tax Indemnity Payments Clause in Contracts

Calculation of General Tax Indemnity Payments. If any Indemnitee realizes a net permanent tax benefit by reason of the payment of any indemnity under Section 13(b), such Indemnitee shall pay the Lessee, but not before the Lessee shall have made all payments theretofore due to such Indemnitee pursuant to this Section 13(b), an amount equal to the lesser of (x) the sum of such tax benefit plus any other net tax benefit realized by such Indemnitee as the result of any -71- 6091.100.2898.27A:9 payment made by such Indemnitee pursuant to this sentence (determined in a manner consistent with the definition of After-Tax Basis set forth in Appendix A and with the last sentence of Section 13 (b) (6) hereof) or (y) the amount of such payment by the Lessee to such Indemnitee and any other payment by the Lessee to such Indemnitee theretofore made pursuant to this Section 13(b) less the aggregate amount of all prior payments by such Indemnitee to the Lessee pursuant to this clause (y) with respect to amounts paid pursuant to Section 13(b) (1), it being intended that no Indemnitee should realize a net tax benefit pursuant to this Section 13(b) unless the Lessee shall first have been made whole for any payments by it to such Indemnitee pursuant to this Section 13 (b) ; provided, however, that in computing any permanent tax benefit, such Indemnitee shall be deemed first to have utilized all deductions and credits available to it otherwise than by reason of any payment by the Lessee pursuant to this Section 13(b); provided further, however, that notwithstanding the provisions of this clause (3), such Indemnitee shall not be obligated to make any payment to the Lessee pursuant to this clause (3) if at the time such payment shall be due an Event of Default shall have occurred and be continuing.

Calculation of General Tax Indemnity Payments. If any Indemnitee realizes a net permanent tax benefit by reason of the payment of any indemnity under Section section 13(b), such Indemnitee shall pay the Lessee, but not before the Lessee shall have made all payments theretofore due to such Indemnitee pursuant to this Section 13(b), an amount equal to the lesser of (x) the sum of such tax benefit plus any other net tax benefit realized by such Indemnitee as the result of any -71- 6091.100.2898.27A:9 payment made by such Indemnitee pursuant to this sentence (determined in a manner consistent with the definition of After-Tax Tax-Basis set forth in Appendix A and with the last sentence of Section section 13 (b) (6b)(6) hereof) or (y) the amount of such payment by the Lessee to such Indemnitee and any other payment by the Lessee to such Indemnitee theretofore made pursuant to this Section 13(b) less the aggregate amount of all prior payments by such Indemnitee to the Lessee pursuant to this clause (y) with respect to amounts paid pursuant to Section section 13(b) (1), it being intended that no Indemnitee should realize a net tax benefit pursuant to this Section 13(b) unless the Lessee shall first have been made whole for any payments by it to such Indemnitee pursuant to this Section 13 (b) 13(b); provided, however, that in computing any permanent tax benefit, such Indemnitee shall be deemed first to have utilized all deductions and credits available to it otherwise than by reason of any payment by the Lessee pursuant to this Section 13(b); provided further, however, that notwithstanding the provisions of this clause (3), such Indemnitee shall not be obligated to make any payment to the Lessee pursuant to this clause (3) if at the time such payment shall be due an Event of Default shall have occurred and be continuing.and

Calculation of General Tax Indemnity Payments. If any Indemnitee realizes a net permanent tax benefit by reason of the payment of any indemnity under Section 13(b), such Indemnitee shall pay the Lessee, but not before the Lessee shall have made all payments theretofore due to such Indemnitee -71- 6091.100.2898.27:1 pursuant to this Section section 13(b), an amount equal to the lesser of (x) the sum of such tax benefit plus any other net tax benefit realized by such Indemnitee as the result of any -71- 6091.100.2898.27A:9 payment made by such Indemnitee pursuant to this sentence (determined in a manner consistent with the definition of After-After Tax Basis set forth in Appendix A and with the last sentence of Section 13 (b) (6) hereof) or (y) the amount of such payment by the Lessee to such Indemnitee and any other payment by the Lessee to such Indemnitee theretofore thereto-fore made pursuant to this Section 13(b) less the aggregate amount of all prior payments by such Indemnitee to the Lessee pursuant to this clause (y) with respect to amounts paid pursuant to Section 13(b13 (b) (1), it being intended that no Indemnitee should realize a net tax benefit pursuant to this Section section 13(b) unless the Lessee shall first have been made whole for any payments by it to such Indemnitee pursuant to this Section 13 (b) 13(b); provided, however, that in computing any permanent tax benefit, such Indemnitee shall be deemed first to have utilized all deductions and credits available to it otherwise than by reason of any payment by the Lessee pursuant to this Section 13(b); provided further, however, that notwithstanding the provisions of this clause (3), such Indemnitee shall not be obligated to make any payment to the Lessee pursuant to this clause (3) if at the time such payment shall be due an Event of Default shall have occurred and be continuing.

Calculation of General Tax Indemnity Payments. If any Indemnitee realizes a net permanent tax benefit by reason of the payment of any indemnity under Section 13(b13(b)(l), such Indemnitee shall pay the Lessee, but not before the Lessee shall have made all payments theretofore due to such Indemnitee pursuant to this Section 13(b), an amount equal to the lesser of (x) the sum of such tax benefit plus any other net tax benefit realized by such Indemnitee as the result of any -71- 6091.100.2898.27A:9 payment made by such Indemnitee pursuant to this sentence (determined in a manner consistent with the definition of After-After Tax Basis set forth in Appendix A and with the last sentence of Section 13 (b) (613(b)(6) hereof) or ), and (y) the amount of such payment by the Lessee to such Indemnitee and any other payment by the Lessee to such Indemnitee theretofore made pursuant to this Section 13(b) less the aggregate amount of all prior payments by such Indemnitee to the Lessee pursuant to this clause (y) with respect to amounts paid pursuant to Section 13(b) (113(b)(l), it being intended that no Indemnitee should realize a net tax benefit pursuant to this Section 13(b) unless the Lessee shall first have been made whole for any payments by it to such Indemnitee pursuant to this Section 13 (b) 13(b); provided, however, that in computing any permanent tax benefit, such Indemnitee shall be deemed first to have utilized all deductions and credits available to it otherwise than by reason of any payment by the Lessee pursuant to this Section 13(b); provided further, however, that notwithstanding the provisions of this clause (3), such Indemnitee shall not be obligated to make any payment to the Lessee pursuant to this clause (3) if at the time such payment shall be due an Event of Default shall have occurred and be continuing.