Common use of Tax Saving Clause in Contracts

Tax Saving. 12.4.1. In the event that following the imposition of any Tax on any payment by the Borrower in consequence of which the Borrower is required, under clause 12.1, to pay any additional amount in respect thereof, any Bank 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 (any of the aforegoing, to the extent so reasonably identifiable and quantifiable, being referred to as "A SAVING"), such Bank shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to the Borrower's obligation to repay the amount to such Bank, if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by the Borrower from such person of such disallowance or cancellation), reimburse the Borrower promptly after receipt of such saving by such Bank with such amount equal to the lower of: (i) the additional amount paid by the Borrower in respect of such Tax under clause 12.1 as aforesaid; and (ii) such amount as such Bank shall, in its sole opinion but in good faith, have concluded to be the finally determined amount or value of the relevant saving.

Appears in 1 contract

Samples: Facility Agreement (Tower Semiconductor LTD)

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Tax Saving. 12.4.1. 9.4.1 In the event that following the imposition of any Tax on any payment by the Borrower in consequence of which the Borrower is required, under clause 12.19.1, to pay any additional amount in respect thereof, any the Bank 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 (any of the aforegoing, to the extent so reasonably identifiable and quantifiable, being referred to as "A SAVING"“a saving”), such the Bank shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to the Borrower's ’s obligation to repay the amount to such the Bank, if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by the Borrower from such person of such disallowance or cancellation), reimburse the Borrower promptly after receipt of such saving by such the Bank with such amount equal to the lower of: (i) the additional amount paid by the Borrower in respect of such Tax under clause 12.1 9.1 as aforesaid; and (ii) such amount as such the Bank shall, in its sole opinion but in good faith, have concluded to be the finally determined amount or value of the relevant saving.

Appears in 1 contract

Samples: Entire Agreement (Lumenis LTD)

Tax Saving. 12.4.1. 9.4.1 In the event that following the imposition of any Tax on any payment by the Borrower in consequence of which the Borrower is required, under clause 12.19.1, to pay any additional amount in respect thereof, any Bank TIC 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 (any of the aforegoing, to the extent so reasonably identifiable and quantifiable, being referred to as "A SAVING"), such Bank TIC shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to the Borrower's obligation to repay the amount to such BankTIC, if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by the Borrower from such person of such disallowance or cancellation), reimburse the Borrower promptly after receipt of such saving by such Bank TIC with such amount equal to the lower of: (i) the additional amount paid by the Borrower in respect of such Tax under clause 12.1 9.1 as aforesaid; and (ii) such amount as such Bank TIC shall, in its sole opinion but in good faith, have concluded to be the finally determined amount or value of the relevant saving.

Appears in 1 contract

Samples: Equipment Facility Agreement (Tower Semiconductor LTD)

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Tax Saving. 12.4.1. In the event that following the imposition of any Tax on any payment by the Borrower in consequence of which the Borrower is required, under clause 12.1, to pay any additional amount in respect thereof, any Bank 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 (any of the aforegoing, to the extent so reasonably identifiable and quantifiable, being referred to as "A SAVING"“a saving”), such Bank shall, to the extent that it can do so without prejudice to the retention of the relevant saving and subject to the Borrower's ’s obligation to repay the amount to such Bank, if the relevant saving is subsequently disallowed or cancelled (which repayment shall be made promptly on receipt of notice by the Borrower from such person of such disallowance or cancellation), reimburse the Borrower promptly after receipt of such saving by such Bank with such amount equal to the lower of: (i) the additional amount paid by the Borrower in respect of such Tax under clause 12.1 as aforesaid; and (ii) such amount as such Bank shall, in its sole opinion but in good faith, have concluded to be the finally determined amount or value of the relevant saving.

Appears in 1 contract

Samples: Facility Agreement (Tower Semiconductor LTD)

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