Common use of Fiscal Unity Clause in Contracts

Fiscal Unity. (1) As a representation regarding the incurrence of indebtedness or the granting of guarantees: no Loan Party incorporated under Dutch law is or has been a member of a fiscal unity (fiscale eenheid) for Dutch corporate income tax or value added tax purposes (unless such fiscal unity consists solely of Loan Parties or has been approved by the Administrative Agent (which approval is not to be unreasonably withheld or delayed)). (2) As a covenant/undertaking regarding the incurrence of indebtedness or the granting of guarantees: no Loan Party incorporated under Dutch law shall create or become a member of a fiscal unity (fiscale eenheid) for Dutch corporate income tax or value added tax purposes (unless such fiscal unity should consist solely of Loan Parties or has been approved by the Administrative Agent (which approval is not to be unreasonably withheld or delayed)), unless a fiscal unity for value added tax purposes is imposed by the Dutch tax authorities.

Fiscal Unity. (1a) As a representation regarding the incurrence of indebtedness or the granting of guarantees: no Loan Party incorporated under Dutch law is or has been a member of a fiscal unity (fiscale eenheid) for Dutch corporate income tax or value added tax purposes (unless such fiscal unity consists solely of Loan Parties or has been approved by the Administrative Agent (which approval is not to be unreasonably withheld or delayed)). (2b) As a covenant/undertaking regarding the incurrence of indebtedness or the granting of guarantees: no Loan Party incorporated under Dutch law shall create or become a member of a fiscal unity (fiscale eenheid) for Dutch corporate income tax or value added tax purposes (unless such fiscal unity should consist solely of Loan Parties or has been approved by the Administrative Agent (which approval is not to be unreasonably withheld or delayed)), unless a fiscal unity for value added tax purposes is imposed by the Dutch tax authorities.