No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 5 contracts
Sources: Credit Agreement (Sl Industries Inc), Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 4 contracts
Sources: Revolving Credit Facility (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
No Deductions. All payments made by any Guarantor under any of the Loan Documents or Specified Swap Agreements shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan DocumentsDocuments or Specified Swap Agreements, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 3 contracts
Sources: Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc), Continuing Agreement of Guaranty and Suretyship (Consol Energy Inc)
No Deductions. All payments made by any Guarantor under any of the Loan Documents Borrower hereunder shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender the Lenders and all income and franchise taxes of the United States applicable to any Lender the Lenders (all such non-excluded taxes, levies, imposts, imposts deductions, charges, withholdings, withholdings and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan DocumentsCredit Agreement, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (asubsection) such Lender the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 3 contracts
Sources: Revolving Credit Facility (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc), Credit Agreement (Arch Coal Inc)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes of the United States applicable to any Lender Bank (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 2 contracts
Sources: Assignment and Assumption Agreement (Federated Investors Inc /Pa/), Assignment and Assumption Agreement (Federated Investors Inc /Pa/)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.07(a)) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Too, Inc.), Credit Agreement (Tween Brands, Inc.)
No Deductions. All payments made by any Guarantor each Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.07(a)) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the applicable Borrower shall make such deductions deductions, and (iii) such Guarantor the applicable Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Assured Guaranty LTD), 364 Day Revolving Credit Facility (Ace LTD)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
No Deductions. All payments made by any Guarantor the Borrowers hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”"TAXES"). If any Guarantor the Borrowers shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable under such Note shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrowers shall make such deductions and (iii) such Guarantor the Borrowers shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes of the United States applicable to any Lender Bank (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 2 contracts
Sources: Credit Agreement (Glatfelter P H Co), Credit Agreement (Big Lots Inc)
No Deductions. All payments made by any Guarantor the Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan Documents, Note (ia) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.8.1) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (iib) such Guarantor the Borrower shall make such deductions and (iiic) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
No Deductions. All payments made by any Guarantor under any of the Loan Documents Borrowers hereunder shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor a Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documentshereunder, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8.1) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Revolving Credit Facility Credit Agreement (Brady Corp), Revolving Credit Facility (Brady Corp)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender Excluded Taxes (all such non-excluded taxesExcluded Taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Foster L B Co), Revolving Credit Facility (Foster L B Co)
No Deductions. All payments made by any Term Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender Excluded Taxes (all such non-excluded taxesExcluded Taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Term Guarantor shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Term Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Term Guarantor shall make such deductions deductions, and (iii) such Term Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 2 contracts
Sources: Credit Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a)) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 2 contracts
Sources: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)
No Deductions. All payments made by any Guarantor under any of the Loan Documents Borrower hereunder shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender the Banks and all income and franchise taxes of the United States applicable to any Lender the Banks (all such non-excluded taxes, levies, imposts, imposts deductions, charges, withholdings, withholdings and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan DocumentsCredit Agreement, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender subsection), the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 2.24) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.07(a)) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions deductions, and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents Revolving Credit Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsRevolving Credit Note, (ia) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8.1) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (iib) such Guarantor Borrower shall make such deductions deductions, and (iiic) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (CastleRock Security Holdings, Inc.)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 2.25) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents Notes and Reimbursement Agreement shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes of the United States applicable to any Lender Bank (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNotes or the Reimbursement Agreement, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection) such Lender Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
Sources: Letter Agreement (Ii-Vi Inc)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded nonexcluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.7.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Westinghouse Air Brake Technologies Corp)
No Deductions. All payments made by any Guarantor the Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Senior Unsecured Revolving Credit Facility (Cuno Inc)
No Deductions. All payments made by any Guarantor the Borrowers ------------- hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrowers shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 2.13(a) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrowers shall make such deductions and (iii) such Guarantor the Borrowers shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
No Deductions. All payments made by any Guarantor the Borrowers hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor the Borrowers shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on or measured by the net income of any Lender Bank and all income and franchise taxes of the United States applicable to any Lender Bank (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”"TAXES"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.7.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Covance Inc)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments and collections made by any Guarantor or from the MLP under any of the Loan Documents this Agreement shall be made or received free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Agent and all income and franchise taxes of the United States applicable to any Lender Agent (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor the MLP shall be required by law to deduct any Taxes from or in respect of any sum payable or any collection made under any of the Loan Documentsthis Agreement, (i) the sum payable or collectable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable or collectable under this Subsection (aSubsection) such Lender Agent receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the MLP shall make such deductions and (iii) such Guarantor the MLP shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.;
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8.1 [No Deductions]) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Excelsior Lasalle Property Fund Inc)
No Deductions. All payments made by any Guarantor under any of the Loan Credit Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Credit Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
Sources: Guaranty and Suretyship Agreement (CastleRock Security Holdings, Inc.)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender Excluded Taxes (all such non-excluded taxesExcluded Taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) )), such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw. Guarantors may be entitled to payments with respect to refunded Taxes or Other Taxes (hereinafter defined) under the circumstances and to the extent described in Section 5.9.5 [Status of Lenders] of the Credit Agreement.
Appears in 1 contract
No Deductions. All Any and all payments or reimbursements made by under the Notes or any Guarantor under any of the other Loan Documents Document shall be made unconditionally and without counterclaim or set-off, and free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges, charges or withholdings, and all penalties, interest and other liabilities with respect thereto; excluding, excluding however, only the following: taxes imposed on the net income of any Lender Bank or Agent by the jurisdiction under the laws of which Agent or such Bank is organized or doing business or any political subdivision thereof and all taxes imposed on its net income and franchise taxes by the jurisdiction of the United States Agent's or such Bank's applicable to lending office or any Lender political subdivision thereof (all such non-excluded taxes, levies, imposts, deductions, chargescharges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income, withholdings, and liabilities being hereinafter referred to as “Taxes”herein "Tax Liabilities"). If any Guarantor Borrower shall be required by law to deduct any Taxes such Tax Labilities from or in respect of to any sum payable under hereunder to Agent or any of the Loan DocumentsBank, (i) then the sum payable hereunder shall be increased as may be necessary so that that, after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) deductions, Agent or such Lender Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
Sources: Credit Agreement (Imagemax Inc)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded nonexcluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.7.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions deductions, and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Convertible Revolving Credit Facility (Ptek Holdings Inc)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.9.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Respironics Inc)
No Deductions. All payments and collections made by any Guarantor or from Pledgor under any of the Loan Documents this Agreement shall be made or received free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, charges or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Secured Party and all income and franchise taxes of the United States applicable to any Lender Secured Party (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, withholdings and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Pledgor shall be required by law Law to deduct any Taxes from or in respect of any sum payable or any collection made under any of the Loan Documentsthis Agreement, (i) the sum payable or collectable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable or collectable under this Subsection (aSubsection) such Lender Secured Party receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Pledgor shall make such deductions and (iii) such Guarantor Pledgor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.;
Appears in 1 contract
Sources: Pledge Agreement (CastleRock Security Holdings, Inc.)
No Deductions. All payments made by any Guarantor the Borrower under any of the Loan Documents this ------------- Agreement and under each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Section 2.19(a)), each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender Excluded Taxes (all such non-excluded taxesExcluded Taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law Law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
No Deductions. All payments made by any Guarantor each Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender or the United Kingdom (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”"TAXES"). If any Guarantor either Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the applicable Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor the Borrower hereunder and ------------- under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor the Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 2.19(a) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the Borrower shall make such deductions and (iii) such Guarantor the Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
Sources: Credit Agreement (Mastech Corp)
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the i)the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender Section 5.9.1 each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor ii)Borrower shall make such deductions and (iii) such Guarantor iii)Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 5.8.1) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions deductions, and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes applicable to any Lender of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.07(a)) such each Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Too Inc)
No Deductions. All payments made by any Guarantor under any of the Loan Documents shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes of the United States or any State applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor shall be required by law to deduct any Taxes from or in respect of any sum payable under any of the Loan Documents, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (a) such Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor shall make such deductions deductions, and (iii) such Guarantor shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable law.
Appears in 1 contract
Sources: Continuing Agreement of Guaranty and Suretyship (Hallador Petroleum Co)
No Deductions. All payments made by any Guarantor each Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “Taxes”). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection 4.07(a)) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor the applicable Borrower shall make such deductions deductions, and (iii) such Guarantor the applicable Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
No Deductions. All payments made by any Guarantor Borrower hereunder and under any of the Loan Documents each Note shall be made free and clear of and without deduction for any present or future taxes, levies, imposts, deductions, charges, or withholdings, and all liabilities with respect thereto, excluding taxes imposed on the net income of any Lender Bank and all income and franchise taxes applicable to any Bank of the United States applicable to any Lender (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings, and liabilities being hereinafter referred to as “"Taxes”"). If any Guarantor Borrower shall be required by law Law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the Loan DocumentsNote, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Subsection (aSection) such Lender each Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Guarantor Borrower shall make such deductions and (iii) such Guarantor Borrower shall timely pay the full amount deducted to the relevant tax authority or other authority in accordance with applicable lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Bearingpoint Inc)