Common use of Tax Refund Clause in Contracts

Tax Refund. If a Credit Party makes a Tax Payment and the relevant Lender or Agent determines that: (i) a Tax Refund is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and (ii) that Lender or Agent has obtained, utilized and retained that Tax Refund, the Lender or Agent shall pay an amount to the Credit Party which that Lender or Agent reasonably determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Credit Party. Notwithstanding any provision in this Agreement or any other Credit Document, nothing in this Section 4.04 shall require a Lender or the Administrative Agent to disclose any confidential information to any Credit Party (including, without limitation, its tax returns or its calculations).