Common use of Refunds and Tax Benefits Clause in Contracts

Refunds and Tax Benefits. If a Lender or Agent becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Taxes or Other Taxes as to which it has been indemnified by the Borrowers or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (c), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the Borrowers’ expense. If a Lender or Agent actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (c), it shall within 30 days from the date of such receipt pay over the amount of such refund to a Credit Party, net of all reasonable out-of-pocket expenses of such Lender or Agent and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided that the Borrowers, upon the request of such Lender or Agent, agree to repay the amount paid over to a Credit Party (plus penalties, interest or other reasonable charges) to such Lender or Agent in the event such Lender or Agent is required to repay such refund to such Governmental Authority.

Refunds and Tax Benefits. If a Participating Lender or Agent becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Taxes or Other Taxes as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party the Borrower has paid additional amounts pursuant to SECTION 3.04(a) or (cSection 5.05(a), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the Borrowers’ Borrower’s expense. If a Participating Lender or Agent actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party the Borrower has paid additional amounts pursuant to SECTION 3.04(a) or (cSection 5.05(a), it shall within 30 days from the date of such receipt pay over the amount of such refund to a Credit Partythe Borrower, net of all reasonable out-of-pocket expenses of such Participating Lender or Agent and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided provided, that the BorrowersBorrower, upon the request of such Participating Lender or Agent, agree agrees to repay the amount paid over to a Credit Party the Borrower (plus penalties, interest or other reasonable charges) to such Participating Lender or Agent in the event such Participating Lender or Agent is required to repay such refund to such Governmental Authority.

Refunds and Tax Benefits. If a Lender (or Agent Collateral Agent) becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Taxes or Other Taxes as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party the Borrower has paid additional amounts pursuant to SECTION Section 3.04(a) or (c), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the Borrowers’ Borrower’s expense. If a Lender (or Agent Collateral Agent) actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party the Borrower has paid additional amounts pursuant to SECTION Section 3.04(a) or (c), it shall within 30 days from the date of such receipt pay over the amount of such refund to a Credit Partythe Borrower, net of all reasonable out-of-pocket expenses of such Lender (or Agent Collateral Agent) and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided that the BorrowersBorrower, upon the request of such Lender (or Collateral Agent), agree agrees to repay the amount paid over to a Credit Party the Borrower (plus penalties, interest or other reasonable charges) to such Lender or Collateral Agent in the event such the Lender or Agent is required to repay such refund to such Governmental Authority.

Refunds and Tax Benefits. If a Lender Lender, L/C Issuer or Agent becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Taxes or Other Taxes as to which it has been indemnified by the Borrowers or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (c), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the Borrowers’ expense. If a Lender Lender, L/C Issuer or Agent actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (c), it shall within 30 days from the date of such receipt pay over the amount of such refund to a Credit Party, net of all reasonable out-of-pocket expenses of such Lender Lender, such L/C Issuer or such Agent and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided that the Borrowers, upon the request of such Lender Lender, L/C Issuer or Agent, agree to repay the amount paid over to a Credit Party (plus penalties, interest or other reasonable charges) to such Lender Lender, L/C Issuer or Agent in the event such Lender Lender, L/C Issuer or Agent is required to repay such refund to such Governmental Authority.

Refunds and Tax Benefits. If a Lender or Agent becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Taxes or Other Taxes as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party has paid additional amounts pursuant to SECTION Section 3.04(a) or (c), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the Borrowers’ Borrower’s expense. If a Lender or Agent ­NY12534:166729.34 actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers Borrower or with respect to which a Credit Party has paid additional amounts pursuant to SECTION Section 3.04(a) or (c), it shall within 30 days from the date of such receipt pay over the amount of such refund to a Credit Party, net of all reasonable out-of-pocket expenses of such Lender or Agent and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided that the BorrowersBorrower, upon the request of such Lender or Agent, agree agrees to repay the amount paid over to a Credit Party (plus penalties, interest or other reasonable charges) to such Lender or Agent in the event such Lender or Agent is required to repay such refund to such Governmental Authority.

Refunds and Tax Benefits. If a Participating Lender or Agent becomes aware that it is entitled to claim a refund from a Governmental Authority in respect of Indemnified Taxes or Other Taxes as to which it has been indemnified by the Borrowers Credit Parties or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (cSection 2.05(a), it shall make reasonable efforts to timely claim to such Governmental Authority for such refund at the BorrowersCredit Parties’ expense. If a Participating Lender or Agent actually receives a payment of a refund (including pursuant to a claim for a refund made pursuant to the preceding sentence) in respect of any Tax or Other Tax as to which it has been indemnified by the Borrowers Credit Parties or with respect to which a Credit Party has paid additional amounts pursuant to SECTION 3.04(a) or (cSection 2.05(a), it shall within 30 thirty (30) days from the date of such receipt pay over the amount of such refund to a Credit Party, net of all reasonable out-of-pocket expenses of such Lender or Agent and without interest (other than interest paid by the relevant Governmental Authority with respect to such refund); provided that the BorrowersBorrower, upon the request of such Participating Lender or Agent, agree agrees to repay the amount paid over to a Credit Party (plus penalties, interest or other reasonable charges) to such Participating Lender or Agent in the event such Participating Lender or Agent is required to repay such refund to such Governmental Authority.