Refunds; Etc Sample Clauses
The 'Refunds; Etc' clause outlines the conditions and procedures under which payments made by one party may be returned or adjusted. It typically specifies scenarios such as cancellations, defective goods, or overpayments, and details the process for requesting and issuing refunds, including any applicable timeframes or deductions. This clause serves to protect both parties by clarifying expectations around financial adjustments, thereby reducing disputes and ensuring fair treatment in cases where the original transaction cannot be fully completed as planned.
Refunds; Etc. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 6(d), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of Section 6(d)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 6(d), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Underpayment required to be paid.
Refunds; Etc. If any Lender receives a refund in respect of any Taxes paid by Borrower pursuant to Section 2.12.2.2(b), it shall promptly pay such refund and any interest paid with respect thereto.
Refunds; Etc. If Yahoo! receives a refund or a tax credit in respect of taxes for which Alibaba has made increased payments pursuant to Section 6.6(b), Yahoo! shall promptly pay, as the case may be, the amount of such refund (together with any interest with respect thereto received from the relevant taxing authority) or an amount equal to the tax benefit actually received by Yahoo! (if at all) and associated with such tax credit to Alibaba; provided, however, that Alibaba agrees promptly to return the amount of such refund or such tax benefit (together with any interest with respect thereto due to the relevant taxing authority) to Yahoo!, upon receipt of a notice that such amounts are required to be repaid to the relevant taxing authority.
Refunds; Etc. Matrix shall be entitled to retain any Tax refund (including, without limitation, refunds arising by reason of amended returns filed after the Closing Date) or credit of federal, state, local or foreign Taxes (plus any interest thereon received with respect thereto from the applicable taxing authority) relating to ▇▇▇▇▇ and each Subsidiary that is paid after the Closing Date with respect to (i) any period ending on or prior to the Closing Date, (ii) the 338 Election or (iii) any period which includes the Closing Date but does not begin or end on that day, provided that in the case of any Tax refund described in clause (iii) of this subsection (q), the portion of such Tax refund that shall belong to Matrix shall be that portion that is attributable to the portion of that period which ends on the Closing Date (determined on the basis of an interim closing of the books as of the Closing Date), and ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ Tanks or ▇▇▇▇▇▇▇▇ shall pay any such refund, and the interest actually received thereon, to Matrix promptly upon receipt thereof. ▇▇▇▇▇▇▇▇ Tanks shall be entitled to the benefit of any and all other refunds or credits of federal, state, local or foreign Taxes relating to the ▇▇▇▇▇ Parties. Matrix and ▇▇▇▇▇▇▇▇ Tanks agree to cooperate, and ▇▇▇▇▇▇▇▇ Tanks agrees to cause ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ and each Subsidiary and their Affiliates to cooperate with Matrix, after the Closing Date, with respect to claiming any refund referred to in this subsection (q), including notifying Matrix or ▇▇▇▇▇▇▇▇ Tanks, as the case may be, of the existence of any facts known to them that would constitute a reasonable basis for claiming such a refund, providing all relevant information available to and known to Matrix or ▇▇▇▇▇▇▇▇ Tanks (through ▇▇▇▇▇ or otherwise), as the case may be, with respect to any such claim, filing and diligently pursuing such claim, and in the case of the Party filing such a claim, consulting with the other Party prior to agreeing to any disposition of such claim.
Refunds; Etc. Should any Tax Indemnitee ever receive any refund, credit or reduction from any taxing authority (whether before or after payment in full of all amounts owed hereunder and under the Master Lease) to which such Tax Indemnitee would not be entitled but for the payment by the Company of additional amounts as required by this SECTION 11.5, such Tax Indemnitee thereupon shall repay to the Company an amount with respect to such refund, credit or reduction equal to any net reduction in Impositions actually obtained by Tax Indemnitee and determined by Tax Indemnitee to be directly related to such refund, credit or reduction (but not to exceed such additional amounts to which such refund, credit or reduction relates). No such payment shall be required, however, to the extent the Company is delinquent in any payments to Tax Indemnitee under this Participation Agreement, the Master Lease or any other Operative Document, but shall promptly be paid to the Company after such delinquency no longer exists. Notwithstanding the provisions of this SECTION 11.5(c) to the contrary, the decision as to whether or not to claim any such refund, credit or reduction (and if claimed, the determination of the amount of the net reduction in Impositions attributable to the additional amounts paid by the Company under this SECTION 11.5) shall be made by Tax Indemnitee (as applicable) in its sole discretion, provided, however, each Tax Indemnitee agrees to act in good faith to claim any such refund, credit or reduction and take such other actions as may be reasonable to minimize any payment due from any Lessee or the Company pursuant to Section 11.5.
Refunds; Etc. If the Borrower pays any additional amount in respect of any Indemnified Taxes or Other Taxes pursuant to this Section 3.01 which result in any Lender or the Administrative Agent actually receiving from the taxing authority imposing such Taxes or Other Taxes a refund of all or any portion of such Indemnified Taxes or Other Taxes, such Lender or the Administrative Agent, as the case may be, shall, within 30 days of receipt of such refund, pay to the Borrower an amount equal to the amount of such refund actually received by such Lender or Administrative Agent, as the case may be, and reasonably attributable to Indemnified Taxes and Other Taxes that have been paid by the Borrower pursuant to this Section 3.01 with respect to such refund.
Refunds; Etc. If any Lender receives a refund in respect of any Taxes paid by Borrower pursuant to Section 2.10.9.2(b), it shall promptly pay to Borrower such refund and any interest paid with respect thereto.