Common use of Tax Saving Clause in Contracts

Tax Saving. (a) In the event that, following the imposition of any Tax on any payment by any Obligor (or any corresponding payment by any Finance Party to any other Finance Party under this Agreement) in consequence of which such Obligor is required under Clauses 14.2 or 14.3, to pay such Tax or to pay any additional amount in respect of it, any Finance Party shall in its sole opinion and based on its own interpretation of any relevant laws or regulations (but acting in good faith) receive or be granted a credit against or remission for or deduction from or in respect of any Tax payable by it, or shall obtain any other relief in respect of Tax on its profits or income, which in such Finance Party's opinion in good faith is both identifiable and quantifiable by it without requiring such Finance Party or its professional advisers to expend a material amount of time or incur a material cost in so identifying or quantifying or at the written request of the Obligor and if the Finance Party is of the opinion that it will recover the cost incurred, after incurring such cost (any of the foregoing, to the extent so identifiable and quantifiable, being referred to as a "saving"), such Finance Party shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to deduction for reasonable costs and subject further to such Obligor's obligation to repay the amount to such Finance Party if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by such Finance Party of such disallowance or cancellation), reimburse such Obligor promptly after receipt of such saving by such Finance Party with such amount as such Finance Party shall in its sole opinion but in good faith have concluded to be the amount or value of the relevant saving.

Appears in 2 contracts

Samples: Dated 22 November (Derby Cycle Corp), Facility Agreement (Lyon Investments B V)

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Tax Saving. (a) In the event that, following the imposition of any Tax on any payment by any Obligor (or any corresponding payment by any Finance Party to any other Finance Party under this Agreement) in consequence of which such Obligor is required under Clauses 14.2 or 14.3, to pay such Tax or to pay any additional amount in respect of it, any Finance Party shall in its sole opinion and based on its own interpretation of any relevant laws or regulations (but acting in good faith) receive or be granted a credit against or remission for or deduction from or in respect of any Tax payable by it, or shall obtain any other relief in respect of Tax on its profits or income, which in such Finance Party's opinion in good faith is both identifiable and quantifiable by it without requiring such Finance Party or its professional advisers to expend a material amount of time or incur a material cost in so identifying or quantifying or at the written request of the Obligor and if the Finance Party is of the opinion that it will recover the cost incurred, after incurring such cost (any of the foregoing, to the extent so identifiable and quantifiable, being referred to as a "savingSAVING"), such Finance Party shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to deduction for reasonable costs and subject further to such Obligor's obligation to repay the amount to such Finance Party if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by such Finance Party of such disallowance or cancellation), reimburse such Obligor promptly after receipt of such saving by such Finance Party with such amount as such Finance Party shall in its sole opinion but in good faith have concluded to be the amount or value of the relevant saving.

Appears in 1 contract

Samples: Facility Agreement (Derby Cycle Corp)

Tax Saving. (a) In the event that, following the imposition of any Applicable Tax on any payment by any Obligor (or any corresponding payment by any Finance Party to any other Finance Party under this Agreement) in consequence of which such Obligor is required under Clauses 14.2 or 14.3, Clause 13.3 to pay such Applicable Tax or to pay any additional amount in respect of it, any Finance Party shall in its sole opinion and based on its own interpretation of any relevant laws or regulations (but acting in good faith) receive or be granted a credit against or remission for or deduction from or in respect of any Applicable Tax payable by it, it or for its account (or on its behalf) or shall obtain any other relief in respect of Applicable Tax on its profits or income, which in such Finance Party's opinion in good faith is both reasonably identifiable and quantifiable by it without requiring such Finance Party or its professional advisers to expend a material amount of time or incur a material cost in so identifying or quantifying or at the written request of the Obligor and if the Finance Party is of the opinion that it will recover the cost incurred, after incurring such cost (any of the foregoing, to the extent so reasonably identifiable and quantifiable, being referred to as a "savingSAVING"), such Finance Party shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to deduction for reasonable costs and subject further to such Obligor's obligation to repay the amount to such Finance Party if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by such Obligor from such Finance Party of such disallowance or cancellation), reimburse such Obligor promptly after receipt of such saving by such Finance Party with such amount as such Finance Party shall in its sole opinion (but acting in good faith faith) have concluded to be the amount or value of the relevant saving.

Appears in 1 contract

Samples: Facility Agreement (Pacificorp /Or/)

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Tax Saving. (a) In the event that, following the imposition of any Tax on any payment by any Obligor (or any corresponding payment by any Finance Party the Junior Agent to any other Junior Finance Party under this Agreement) in consequence of which such Obligor is required under Clauses 14.2 or 14.3, Clause 10.1 (Gross-up) to pay such Tax or to pay any additional amount in respect of it, any Junior Finance Party shall in its sole opinion and based on its own interpretation of any relevant laws or regulations (but acting in good faith) receive or be granted a repayment of Tax or a credit against or remission for or deduction from or in respect of any Tax payable by it, or shall obtain any other relief in respect of Tax on its profits or incomeTax, which in such Junior Finance Party's opinion in good faith is both reasonably identifiable and quantifiable by it without requiring such Finance Party or its professional advisers to expend a material amount of time or incur a material cost in so identifying or quantifying or at the written request of the Obligor and if the Finance Party is of the opinion that it will recover the cost incurred, after incurring such cost (any of the foregoing, to the extent so reasonably identifiable and quantifiable, being referred to as a "savingSAVING"), such Junior Finance Party shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to deduction for reasonable costs and subject further to such Obligor's obligation to repay the amount reimbursed to it under this Clause 10.6(a) to such Junior Finance Party if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by the relevant Obligor from such Junior Finance Party of such disallowance or cancellation), reimburse such Obligor promptly after receipt of such saving by such Junior Finance Party with such amount as such Junior Finance Party shall in its sole opinion but in good faith have concluded to be the amount or value of the relevant saving.

Appears in 1 contract

Samples: Junior Credit Agreement (Wilshire Real Estate Investment Trust Inc)

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