Common use of No Deductions Clause in Contracts

No Deductions. Any and all payments or reimbursements made hereunder or under the Notes shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto (all such taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law to deduct any such amounts from or in respect of any sum payable hereunder to any Lender or Agent, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts").

Appears in 3 contracts

Samples: Credit Agreement (Cherokee International Corp), Credit Agreement (Cherokee International Corp), Credit Agreement (Cherokee International Finance Inc)

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No Deductions. Any and all All payments or reimbursements made by the Borrower hereunder or under the Notes shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto (all such taxesthereto, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agentthe Lenders and all income and franchise taxes of the United States applicable to the Lenders (all such non-excluded taxes, levies, imposts deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to any Lender or Agentunder the Credit Agreement, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductions, such Lender or deductions (including deductions applicable to additional sums payable under this subsection) the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) the Borrower shall make such deductions and (iii) 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

Samples: Credit Agreement (Arch Coal Inc), Pledge Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc)

No Deductions. Any and all payments or reimbursements made hereunder or under the Notes shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto thereto; excluding, however, the following: taxes imposed on the net income or the capital or net worth of any Lender or Agent by the jurisdiction under the laws of which Agent or such Lender is organized or doing business or any political subdivision thereof and taxes imposed on its net income, capital or net worth by the jurisdiction of Agent's or such Lender's applicable lending office or any political subdivision thereof (all such taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes)income, herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law to deduct any such amounts Tax Liabilities from or in respect of any sum payable hereunder to Agent or any Lender or AgentLender, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, Agent or such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Data Systems Corp)

No Deductions. Any and all All payments or reimbursements made by the Borrower hereunder or under the Notes shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto (all such taxesthereto, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agentthe Banks and all income and franchise taxes of the United States applicable to the Banks (all such non-excluded taxes, levies, imposts deductions, charges, withholdings and liabilities being hereinafter referred to as “Taxes”). If the Borrower shall be required by law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to any Lender or Agentunder the Credit Agreement, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductions, such Lender or deductions (including deductions applicable to additional sums payable under this subsection) the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) the Borrower shall make such deductions and (iii) 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

Samples: Credit Agreement (Arch Coal Inc)

No Deductions. Any and all payments or reimbursements made hereunder or under the Notes Term Loans shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges or withholdings, taxes and all liabilities with respect thereto (all such taxesof any nature whatsoever imposed by any taxing authority, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes to the extent imposed on Agent's or any Lender's gross or net income by the jurisdiction in which Agent or such Lender is organized, doing business or otherwise is subject to tax without regard to the transactions contemplated by this Agreement (or franchise any such taxes imposed in lieu of net income taxes), are described herein as "Tax LiabilitiesExcluded Taxes"). Except with respect to Excluded Taxes, excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower if Borrowers shall be required by law to deduct any such amounts from or in respect of any sum payable hereunder to Agent or any Lender or AgentLender, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, Agent or such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Loan Agreement (LSB Industries Inc)

No Deductions. Any and all payments or reimbursements made hereunder or under the Notes any other Loan Document shall be made free and clear of and without deduction for for, and Borrower agrees to indemnify Agent and each Lender against, any and all Charges, taxes, levies, imposts, deductions, charges deductions or withholdings, and all liabilities with respect thereto (all such taxesof any nature whatsoever imposed by any taxing authority, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes to the extent imposed on Agent’s or a Lender’s net income (by the United States or franchise taxes imposed by the jurisdiction in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a which Agent or such Lender is organized or Agentotherwise conducts business. If Borrower shall be required by law to deduct any such amounts from or in respect of any sum payable hereunder to any Lender or Agent, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

No Deductions. Any and all payments or reimbursements of Obligations made hereunder or under the Notes or any other Loan Document shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto thereto; excluding, however, the following: taxes imposed on he net income of a the Lender or the Agent by the jurisdiction under the laws of which such Lender or the Agent is organized or doing business or any political subdivision thereof and taxes imposed on its net income by the jurisdiction of such Lender's or the Agent's applicable lending office or any political subdivision thereof (all such taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes)income, herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If the Borrower shall be required by law to deduct any such amounts from or in respect of any sum payable hereunder to any Lender or the Agent, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, such Lender or the Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Credit Agreement (Edutrek Int Inc)

No Deductions. Any All payments made by Borrower hereunder and all payments or reimbursements made hereunder or under the Notes each Note shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto thereto, excluding taxes imposed on the net income of any Bank and all income and franchise taxes applicable to any Bank of the United States (all such non-excluded taxes, levies, imposts, deductions, charges or withholdings charges, withholdings, and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxesbeing hereinafter referred to as “Taxes”), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law Law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to or under any Lender or AgentNote, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductions, such Lender or Agent deductions (including deductions applicable to additional sums payable under this Section 4.9.1) each Bank receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) Borrower shall make such deductions and (iii) 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

Samples: Credit Agreement (Respironics Inc)

No Deductions. Any and all All payments or reimbursements made by the Borrower hereunder or under the Notes shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto (all such taxesthereto, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agentthe Lenders and all income and franchise taxes of the United States applicable to the Lenders (all such non-excluded taxes, levies, imposts deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to any Lender or Agentunder the Credit Agreement, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductionsdeductions (including deductions applicable to additional sums payable under this subsection), such Lender or the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) the Borrower shall make such deductions and (iii) 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

Samples: Note Pledge Agreement (Arch Coal Inc)

No Deductions. Any All payments made by Borrower hereunder and all payments or reimbursements made hereunder or under the Notes each Note shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto thereto, excluding taxes imposed on the net income of any Bank and all income and franchise taxes applicable to any Bank of the United States (all such non-excluded taxes, levies, imposts, deductions, charges or withholdings charges, withholdings, and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxesbeing hereinafter referred to as “Taxes”), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law Law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to or under any Lender or AgentNote, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductions, such Lender or Agent deductions (including deductions applicable to additional sums payable under this Section 4.8.1) each Bank receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) Borrower shall make such deductions and (iii) 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

Samples: Credit Agreement (Papa Johns International Inc)

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No Deductions. Any and all payments or reimbursements made hereunder or under the Notes shall be made free and clear of and without deduction for for, and Borrower agrees to indemnify Agent and each Lender against, any and all Charges, taxes, levies, imposts, deductions, charges deductions or withholdings, and all liabilities with respect thereto (all such taxesof any nature whatsoever imposed by any taxing authority, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes to the extent imposed on Agent's or a Lender's net income (by the United States or franchise taxes imposed by the jurisdiction in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a which Agent or such Lender is organized or Agentotherwise conducts business. If Borrower shall be required by law to deduct any such amounts from or in respect of any sum payable hereunder to any Lender or Agent, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

No Deductions. Any and all payments or reimbursements made hereunder or under the Revolving Notes shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto thereto; excluding, however, the following: federal or state taxes imposed on the net income of any Lender or the Agent by the jurisdiction under the laws of which the Agent or such Lender is organized or doing business or any political subdivision thereof and taxes imposed on its net income by the jurisdiction of the Agent’s or such Lender’s applicable lending office or any political subdivision thereof (all such taxes, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes)income, herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law to deduct any such amounts Tax Liabilities from or in respect of any sum payable hereunder to the Agent or any Lender or AgentLender, then the sum payable hereunder shall be increased as may be necessary so that, after making all required deductions, the Agent or such Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made ("Additional Amounts")made.

Appears in 1 contract

Samples: Credit and Security Agreement (Tower Air Inc)

No Deductions. Any All payments made to the Lenders and/or Administrative Agent by the Borrowers hereunder and all payments or reimbursements made hereunder or under the Notes each Note shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto (thereto, excluding taxes imposed on the net income of any Lender and all income and franchise taxes that would not have been imposed but for such Lender having a past or present connection with a jurisdiction imposing such taxes other than entering into this Agreement and performing its obligations and enforcing its rights thereunder(all such non-excluded taxes, levies, imposts, deductions, charges or withholdings charges, withholdings, and all liabilities with respect thereto excluding being hereinafter referred to as “Taxes”) unless such taxes imposed on net income deduction is required by Law (or franchise taxes imposed in lieu of net income taxesand then subject to the following sentence), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower the Borrowers shall be required by law Law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to or under any Lender or AgentNote, then (i) the sum payable hereunder under such Note shall be increased as may be necessary so that, that after making all required deductions, such deductions (including deductions applicable to additional sums payable under this Section 4.8.1) each Lender or Agent receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) the Borrowers shall make such deductions and (iii) 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

Samples: Credit Agreement (Glatfelter P H Co)

No Deductions. Any All payments made by Borrower hereunder and all payments or reimbursements made hereunder or under the Notes each Note shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto thereto, excluding taxes imposed on the net income of any Bank and all income and franchise taxes applicable to any Bank of the United States (all such non-excluded taxes, levies, imposts, deductions, charges or withholdings charges, withholdings, and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein being hereinafter referred to as "Tax LiabilitiesTaxes"), excluding, however, taxes imposed on the net income of a Lender or Agent. If Borrower shall be required by law Law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to or under any Lender or AgentNote, then the (i)the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductions, such Lender or Agent deductions (including deductions applicable to additional sums payable under this Section 5.9.1 each Bank receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii)Borrower shall make such deductions and (iii)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

Samples: Credit Agreement (Whiteford Partners L P)

No Deductions. Any and all All payments or reimbursements made by the Borrower hereunder or under the Notes shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges charges, or withholdings, and all liabilities with respect thereto (all such taxesthereto, levies, imposts, deductions, charges or withholdings and all liabilities with respect thereto excluding such taxes imposed on net income (or franchise taxes imposed in lieu of net income taxes), herein "Tax Liabilities"), excluding, however, taxes imposed on the net income of a Lender or Agentthe Banks and all income and franchise taxes of the United States applicable to the Banks (all such non-excluded taxes, levies, imposts deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by law to deduct any such amounts Taxes from or in respect of any sum payable hereunder to any Lender or Agentunder the Credit Agreement, then (i) the sum payable hereunder shall be increased as may be necessary so that, that after making all required deductionsdeductions (including deductions applicable to additional sums payable under this subsection), such Lender or the Administrative Agent receives an amount equal to the sum it would have received had no such deductions been made made, ("Additional Amounts")ii) the Borrower shall make such deductions and (iii) 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

Samples: Pledge Agreement (Arch Coal Inc)

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