Tax Credit Clawback. If any Finance Party makes any payment to an Obligor pursuant to Clause 9.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Obligor shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.
Tax Credit Clawback. If any Holder makes any payment to the Issuer or, as the case may be, the Guarantor pursuant to this Condition and such Holder subsequently determines in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Issuer or, as the case may be, the Guarantor shall reimburse such Holder such amount as such Holder determines, in its sole opinion, is necessary to place it in the same after tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Holder, such amount not exceeding in any case the amount paid by the Holder to the Issuer or, as the case may be, the Guarantor.
Tax Credit Clawback. If any Lender makes any payment to the Borrower pursuant to clause 9.3 (Tax Credit Payment) and such Lender subsequently reasonably determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, the Borrower shall reimburse such Lender such amount as such Lender reasonably determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Lender.
Tax Credit Clawback. If any Finance Party makes any payment to an Obligor or the Borrower pursuant to Clause 11.3 (Tax Credit Payment) and such Finance Party subsequently determines, in its sole opinion, that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, such Obligor or the Borrower shall reimburse such Finance Party such amount as such Finance Party determines, in its sole opinion, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by such Finance Party.
Tax Credit Clawback. If the Lender makes any payment to the Borrower pursuant to Clause 8.3 (Tax Credit Payment) and it subsequently transpires that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn, the Borrower shall reimburse the Lender such amount as the Lender determines, in good faith, is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used by the Lender.
Tax Credit Clawback. If any Finance Party makes any payment to the Borrower pursuant to Clause 12.4 (Tax Credit) and such Finance Party subsequently determines that the Tax Credit in respect of which such payment was made was not available or has been withdrawn or that it was unable to obtain, utilise or retain such Tax Credit in full, the Borrower shall reimburse such Finance Party such amount as such Finance Party determines is necessary to place it in the same after-Tax position as it would have been in if such Tax Credit had been obtained, utilised and retained in full by such Finance Party.
Tax Credit Clawback. If any Indemnified Person (other than Ex–Im Bank) makes any payment to Lessee pursuant to Section 10(m) and such Indemnified Person subsequently determines, in its own reasonable discretion, that the relevant Tax Benefit in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such Tax Benefit in full, Lessee shall reimburse such Indemnified Person such amount as such Indemnified Person determines, in its own reasonable discretion, is necessary to place it on an After-Tax Basis in the same position as it would have been in if the payment to Lessee pursuant to Section 10(m) had not been made. [Participation Agreement]
Tax Credit Clawback. If the Agent or any Bank makes any payment to an Obligor pursuant to Clause 15.3 (Tax Credit Payment) and the Agent or such Bank subsequently determines in its sole opinion that the credit, relief, remission or repayment in respect of which such payment was made was not available or has been withdrawn or that it was unable to use such credit, relief, remission or repayment in full, such Obligor shall reimburse the Agent or such Bank such amount as the Agent or such Bank determines in its sole opinion is necessary to place it in the same after-tax position as it would have been in if such credit, relief, remission or repayment had been obtained and fully used and retained by the Agent or such Bank.
