Common use of Payments Free and Clear Clause in Contracts

Payments Free and Clear. Any and all payments by or on account of any obligation of the Borrower or any Guarantor under any Loan Document shall be made free and clear of and without deduction for any Indemnified Taxes or Other Taxes; provided that if the Borrower or any Guarantor shall be required to deduct any Indemnified Taxes or Other Taxes from such payments, then (i) the sum payable shall be increased as necessary so that after making all required deductions (including deductions of Indemnified Taxes or Other Taxes applicable to additional sums payable under this Section 4.06(a)), the Administrative Agent, Lender or Issuing Bank (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower or such Guarantor shall make such deductions and (iii) the Borrower or such Guarantor shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law.

Appears in 5 contracts

Samples: Credit Agreement (Black Stone Minerals, L.P.), Credit Agreement, Credit Agreement (Black Stone Minerals, L.P.)

AutoNDA by SimpleDocs

Payments Free and Clear. Any and all payments by any Loan Party hereunder or on account of any obligation of the Borrower or any Guarantor under any other Loan Document shall be made free and clear of and without deduction for any Indemnified Taxes or Other and all Covered Taxes; provided that if , except as otherwise required by law. If the Parent Borrower or any Guarantor other applicable withholding agent shall be required by law to deduct any Indemnified Taxes or Other Covered Taxes from such payments, or in respect of any sum payable hereunder to any Lender or the Administrative Agent then (i) the sum payable by the applicable Loan Party shall be increased as by the amount necessary so that after making all required deductions have been made (including deductions of Indemnified Taxes or Other Taxes applicable to additional sums payable under this Section 4.06(a)), 4.06) such Lender or the Administrative Agent, Lender or Issuing Bank Agent (as the case may be) receives shall receive an amount equal to the sum it would have received had no such deductions been made, (ii) the Parent Borrower or such Guarantor other applicable withholding agent shall make such deductions and (iii) the Parent Borrower or such Guarantor other applicable withholding agent shall pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable law.

Appears in 3 contracts

Samples: Franchise Agreement (NPC Operating Co B, Inc.), Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC)

Payments Free and Clear. Any and all payments by or on account of any obligation of the Borrower or any Guarantor under any Loan Document Obligor hereunder shall be made made, unless required by applicable law, free and clear of and without deduction for any Indemnified Taxes or Other Taxes; provided that if the Borrower or any Guarantor . If an Obligor shall be required by law to deduct any Indemnified Taxes or Other Taxes from such paymentsor in respect of any sum payable hereunder to the Lenders, then the Issuing Bank, the Swingline Lender or the Administrative Agent (i) the sum payable shall be increased as by the amount necessary so that after making all required deductions (including deductions of Indemnified Taxes or Other Taxes applicable to additional sums payable under this Section 4.06(a))4.06) such Lender, the Administrative AgentIssuing Bank, the Swingline Lender or Issuing Bank the Administrative Agent (as the case may be) receives shall receive an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower or such Guarantor Obligor shall make such deductions and (iii) the Borrower or such Guarantor Obligor shall pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable law.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Atlas Pipeline Partners Lp), Credit and Term Loan Agreement (Atlas Pipeline Holdings, L.P.)

Payments Free and Clear. Any and all payments by or on account of any obligation of the Borrower or any Guarantor under any Loan Document hereunder shall be made made, in accordance with Section 4.01, free and clear of and without deduction for any Indemnified Taxes and all present or Other future taxes, levies, imposts, deductions, charges or withholdings, or other taxes and all liabilities with respect thereto, excluding, in the case of each Lender, the Issuing Bank and the Administrative Agent, Excluded Taxes; provided that if . If the Borrower or any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Taxes from such paymentsor in respect of any sum payable hereunder to the Lenders, then the Issuing Bank or the Administrative Agent (i) the sum payable shall be increased as by the amount necessary so that after making all required deductions (including deductions of Indemnified Taxes or Other Taxes applicable to additional sums payable under this Section 4.06(a))4.06) such Lender, the Administrative Agent, Lender or Issuing Bank or the Administrative Agent (as the case may be) receives shall receive an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower or such Guarantor shall make such deductions and (iii) the Borrower or such Guarantor shall pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (Contango Oil & Gas Co)

AutoNDA by SimpleDocs

Payments Free and Clear. Any and all payments by or on account of any obligation of the Borrower or any Guarantor under any Loan Document hereunder shall be made made, in accordance with Section 4.01, free and clear of and without deduction for any Indemnified Taxes or Other and all Covered Taxes; provided that if , except as otherwise required by law. If the Borrower or any Guarantor shall be required by law to deduct any Indemnified Taxes or Other Covered Taxes from such paymentsor in respect of any sum payable hereunder to the Lenders, the Issuing Bank or the Administrative Agent then (i) the sum payable shall be increased as by the amount necessary so that after making all required deductions (including deductions of Indemnified Taxes or Other Taxes applicable to additional sums payable under this Section 4.06(a))4.06) such Lender, the Administrative Agent, Lender or Issuing Bank or the Administrative Agent (as the case may be) receives shall receive an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower or such Guarantor shall make such deductions and (iii) the Borrower or such Guarantor shall pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable law.

Appears in 1 contract

Samples: Credit Agreement (NPC International Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.