Common use of Payments Free of Taxes; Obligation to Withhold; Tax Payment Clause in Contracts

Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by Agent or an Obligor in its good faith discretion) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then Agent or such Obligor shall be entitled to make such deduction or withholding. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, “Lender” shall include Issuing Bank and “Obligations” shall exclude Secured Bank Product Obligations.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.)

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Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by the Agent in its Permitted Discretion or an Obligor in its good faith discretion) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then Agent or such Obligor shall be entitled to make such deduction or withholding. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include Issuing Bank and “Obligations” shall exclude Secured Bank Product ObligationsBank.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Quotient Technology Inc.)

Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors Loan Parties shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by Agent or an Obligor in its good faith discretionby Agent) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligora Loan Party, then Agent or such Obligor Loan Party shall be entitled to make such deduction or withholdingwithholding based on information and documentation provided pursuant to Section 5.9. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include each Issuing Bank and “Obligations” shall exclude Secured Bank Product ObligationsBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Computer Task Group Inc)

Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as reasonably determined by Agent or an Obligor in its good faith discretion) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then Agent or such Obligor shall be entitled to make such deduction or withholdingwithholding based on information and documentation provided pursuant to Section 5.9. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include Issuing Bank and “Obligations” shall exclude Secured Bank Product ObligationsBank.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.)

Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by Agent or an Obligor in its good faith discretion) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then Agent or such Obligor shall be entitled to make such deduction or withholdingwithholding based on information and documentation provided pursuant to Section 5.9. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include Issuing Bank Bank. (b) If Agent or any Obligor is required by the Code to withhold or deduct Taxes, including backup withholding and “Obligations” withholding taxes, from any payment, then (i) Agent shall exclude Secured Bank Product Obligations.pay the full

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

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Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by Agent or an Obligor in its the good faith discretiondiscretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then the applicable Withholding Agent or such Obligor shall be entitled to make such deduction or withholdingwithholding based on information and documentation provided pursuant to Section 5.9. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include Issuing Bank and “Obligations” shall exclude Secured Bank Product ObligationsBank.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinera Corp)

Payments Free of Taxes; Obligation to Withhold; Tax Payment. (a) All payments of Obligations by Obligors shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If Applicable Law (as determined by Agent or an Obligor in its good faith discretion) requires the deduction or withholding of any Tax from any such payment by Agent or an Obligor, then Agent or such Obligor shall be entitled to make such deduction or withholdingwithholding based on information and documentation provided pursuant to Section 5.9. For purposes of Sections 5.8 and 5.9, “Applicable Law” shall include FATCA, FATCA and “Lender” shall include Issuing Bank and “Obligations” shall exclude Secured Bank Product ObligationsBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

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