Common use of Payment; Indemnity Clause in Contracts

Payment; Indemnity. (a) If Borrower or Guarantor shall be required by law to deduct or withhold any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto (excluding, in the case of Lender, such taxes as are imposed on or measured by Lender’s net income by any jurisdiction or any political subdivision thereof) from or in respect of any sum payable hereunder under or under any of the other Financing Agreements to Lender, then: (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section) Lender receives an amount equal to the sum it would have received had no such deductions or withholdings been made; (ii) Borrower or Guarantor shall make such deductions and withholdings; (iii) Borrower or Guarantor shall pay the full amount deducted or withheld to the relevant taxing authority or other authority in accordance with applicable law; and (iv) Borrower or Guarantor shall also pay to Lender, at the time interest is paid, all additional amounts which Lender specifies as necessary to preserve the after-tax yield Lender would have received if such taxes or other amounts had not been imposed. (b) Within thirty (30) days after the date of any payment by Borrower or Guarantor of and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto. Upon Lender’s request, Borrower or Guarantor shall furnish to Lender the original or a certified copy of a receipt evidencing payment thereof, or other evidence of payment satisfactory to Lender.

Appears in 1 contract

Sources: Loan and Security Agreement (Inverness Medical Innovations Inc)

Payment; Indemnity. (a) If Borrower or Guarantor shall be required by law to deduct or withhold any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto (excluding, in the case of Lender, such taxes as are imposed on or measured by Lender’s 's net income by any jurisdiction or any political subdivision thereof) from or in respect of any sum payable hereunder under or under any of the other Financing Agreements to Lender, then: (i) the sum payable shall be increased as necessary so that after making all required deductions and withholdings (including deductions and withholdings applicable to additional sums payable under this Section) Lender receives an amount equal to the sum it would have received had no such deductions or withholdings been made; (ii) Borrower or Guarantor shall make such deductions and withholdings; (iii) Borrower or Guarantor shall pay the full amount deducted or withheld to the relevant taxing authority or other authority in accordance with applicable law; and (iv) Borrower or Guarantor shall also pay to Lender, at the time interest is paid, all additional amounts which Lender specifies as necessary to preserve the after-tax yield Lender would have received if such taxes or other amounts had not been imposed. (b) Within thirty (30) days after the date of any payment by Borrower or Guarantor of and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto. Upon Lender’s 's request, Borrower or Guarantor shall furnish to Lender the original or a certified copy of a receipt evidencing payment thereof, or other evidence of payment satisfactory to Lender.

Appears in 1 contract

Sources: Loan and Security Agreement (Ivc Industries Inc)