Tax Credits. A Creditor Party which receives for its own account a repayment or credit in respect of tax on account of which the Borrowers have made an increased payment under Clause 23.2 shall pay to the Borrowers a sum equal to the proportion of the repayment or credit which that Creditor Party allocates to the amount due from the Borrowers in respect of which the Borrowers made the increased payment, provided that:
Tax Credits. Landlord is entitled to claim all tax credits and depreciation attributable to leasehold improvements in the Premises. Promptly after Landlord’s demand, Landlord and Tenant shall prepare a detailed list of the leasehold improvements and fixtures and their respective costs for which Landlord or Tenant has paid. Landlord shall be entitled to all credits and depreciation for those items for which Landlord has paid by means of any Tenant finish allowance or otherwise. Tenant shall be entitled to any tax credits and depreciation for all items for which Tenant has paid with funds not provided or reimbursed by Landlord.
Tax Credits. Each Lender represents and warrants that each such form supplied by it to the Administrative Agent and, as the case may be, the Borrower pursuant to this Section 4.11, and not superseded by another form supplied by it, is or will be, as the case may be, complete and accurate. Each Lender further agrees that the Borrower shall not be required to indemnify such Lender or pay any additional amounts to such Lender in respect of any United States Federal withholding tax existing on the date such Lender became a Lender hereunder, or with respect to payments to or for the account of a new lending office for such Lender, existing on the date such Lender designated such new lending office with respect to such payments or the related Loans. If the Borrower pays any additional amount under this Section 4.11 (a "Tax Payment") and any Lender or Affiliate thereof effectively obtains a refund or credit against tax by reason of the Tax Payment (a "Tax Credit") and such Lender of such Affiliate identifies the Tax Credit as being attributable to the Tax Payment, then such Lender, after actual receipt of such Tax Credit or actual receipt of the benefits thereof, shall promptly reimburse the Borrower for such amount as such Lender shall reasonably determine to be the proportion of the Tax Credit as will leave such Lender (after such reimbursement) in no better or worse position than it would have been if the Tax Payment had not been required and such Lender agrees to reasonably cooperate with the Borrower if the Borrower elects to pursue a refund; provided, however, that no Lender shall be required to make any such reimbursement or cooperate with the Borrower if it reasonably, as determined in such Lender's sole discretion, believes that the making of such reimbursement or cooperating with the Borrower would cause it to lose the benefit of the Tax Credit or would adversely affect in any other respect its tax position. Subject to the terms hereof, any claim by a Lender for a Tax Credit shall be made in a manner, order and amount as such Lender determines in its sole discretion. Except to the extent necessary for the Borrower to evaluate any Tax Credit, no Lender shall be obligated to disclose information regarding its tax affairs or computations to the Borrower, it being understood and agreed that in no event shall any Lender be required to disclose information regarding its tax position that it deems to be confidential (other than with respect to the Tax Credit).
Tax Credits. If an additional payment is made by the Guarantor under this Clause and any Secured Party determines that it has received or been granted a credit against or relief of or calculated with reference to the deduction giving rise to such additional payment, such Secured Party shall, to the extent that it can do so without prejudice to the retention of the amount of such credit, relief, remission or repayment and provided that it has received the cash benefit of such credit, relief or remission, pay to the Guarantor such amount as such Secured Party shall in its reasonable opinion have concluded to be attributable to the relevant deduction. Any such payment shall be conclusive evidence of the amount due to the Guarantor hereunder and shall be accepted by the Guarantor in full and final settlement of its rights of reimbursement hereunder in respect of such deduction. Nothing herein contained shall interfere with the right of each Secured Party to arrange its tax affairs in whatever manner it thinks fit.
Tax Credits. Any tax credit, and any tax credit recapture, will be allocated to the Members in the same ratio that the federal income tax basis of the asset (to which such tax credit relates) is allocated to the Members under the Section 46 Regulations, and if no basis is allocated, in the same manner as Profits are allocated to the Members under Section 5.2.
Tax Credits. To the extent that the federal income tax basis of an ----------- asset is allocated to the Members in accordance with the Regulations promulgated under (S) 46 of the Code, any tax credit attributable to such tax basis will be allocated to the Members in the same ratio as such tax basis. With respect to any other tax credit, to the extent that a Company expenditure gives rise to an allocation of loss or deduction, any tax credit attributable to such expenditure will be allocated to the Members in the same ratio as such loss or deduction. Consistent principles will apply in determining the Members' interests in tax credits that arise from taxable or non-taxable receipts of the Company. All allocations of tax credits will be made as of the time such credit arises. Any recapture of a tax credit will be allocated, to the extent possible, to the Members in the same manner as the tax credit was allocated to them. Except as otherwise specifically provided in the (S) 704(b) Regulations (such as the adjustments required when there is an upward or downward adjustment in the tax basis of investment credit property), allocations of tax credits and their recapture will not be reflected by any adjustment to Capital Accounts.
Tax Credits. In jurisdictions which impose premium taxes on the CEDING COMPANY without deduction for reinsurance, BMA shall reimburse the CEDING COMPANY for taxes paid on the amount of the reinsurance premiums on the basis shown in Schedule A, unless BMA itself is required to pay a direct tax on such reinsurance premiums.
Tax Credits. Seller shall bear all risks, financial and otherwise throughout the Term, associated with Seller's or the Facility's eligibility to receive ITCs or other Tax Credits, or to qualify for accelerated depreciation for Seller's accounting, reporting or tax purposes. The obligations of the Parties hereunder, including those obligations set forth herein regarding the purchase and price for and Seller's obligation to deliver Net Output, shall be effective regardless of whether the sale of Output or Net Output from the Facility is eligible for, or receives, ITCs, or other Tax Credits during the Term.