Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is: (a) attributable to a Tax Deduction required by law to be made by an Obligor; (b) compensated for by clause 14.3 (Tax indemnity) (or would have been compensated for under clause 14.3 (Tax indemnity) but was not so compensated solely because any of the exclusions in clause 14.3.2 (Tax indemnity) applied); (c) compensated for by the payment of the Mandatory Cost; or (d) attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Appears in 1 contract
Sources: Facilities Agreement (International Shipping Enterprises, Inc.)
Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is:is β
(a) 15.3.1.1 attributable to a Tax Deduction required by law to be made by an Obligorthe Borrower;
(b) 15.3.1.2 compensated for by clause 14.3 (Tax indemnity) (or would have been compensated for under clause 14.3 (Tax indemnity) but was not so compensated solely because any of the exclusions in clause 14.3.2 (Tax indemnity) applied);
(c) compensated for by the payment of the Mandatory Cost; or
(d) 15.3.1.3 attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)
Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is:
(a) attributable to a Tax Deduction required by law to be made by an Obligor;
(b) compensated for by clause Clause 14.3 (Tax indemnity) (or would have been compensated for under clause 14.3 (Tax indemnity) but was not so compensated solely because any of the exclusions in clause 14.3.2 (Tax indemnity) applied);
(c) compensated for by the payment of the Mandatory Cost; or
(d) attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Appears in 1 contract
Sources: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is:
(ai) attributable to a Tax Deduction required by law to be made by an Obligor; or
(ii) attributable to a FATCA Deduction required to be made by a Party;
(b) compensated for by clause Clause 14.3 (Tax indemnity) (or would have been compensated for under clause Clause 14.3 (Tax indemnity) but was not so compensated solely because any of the exclusions in clause 14.3.2 Clause 14.3 (Tax indemnity) applied);
(c) compensated for by the payment of the Mandatory Cost; or
(d) attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Appears in 1 contract
Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is:
(a) 1.1.1 attributable to a Tax Deduction required by law to be made by an Obligor;
(b) 1.1.2 compensated for by clause Clause 14.3 (Tax indemnity) (or would have been compensated for under clause Clause 14.3 (Tax indemnity) but was not so compensated solely because any the exclusion in paragraph (b) of the exclusions in clause 14.3.2 Clause 14.3 (Tax indemnity) applied);
(c) 1.1.3 compensated for by the payment of the Mandatory Cost; or
(d) 1.1.4 attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Misys PLC)