Common use of Taxes and Other Taxes Clause in Contracts

Taxes and Other Taxes. (1) All payments to the Secured Creditors and the Collateral Agent by the Guarantor under this Guarantee or under any of the Guarantor Security Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”) imposed by any jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law to be deducted or withheld. If the Guarantor shall be required by applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under this Guarantee or under any of the Guarantor Security Documents, (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.16), the Secured Creditors and the Collateral Agent receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor shall make such deductions or withholdings, and (iii) the Guarantor shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Law.

Taxes and Other Taxes. (1) All payments to the Secured Creditors and the Collateral Agent Lenders by the Guarantor under this Guarantee or Borrower under any of the Guarantor Security Credit Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “Taxes”"TAXES") imposed by Canada or the United States of America or any other applicable jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law law to be deducted or withheld. If the Guarantor Borrower shall be required by applicable Law law to deduct or withhold any such Taxes from or in respect of any amount payable under this Guarantee or under any of the Guarantor Security DocumentsCredit Documents except, as provided in the next sentence, (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.1611.7), the Secured Creditors and the Collateral Agent Lenders receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor Borrower shall make such deductions or withholdings, and (iii) the Guarantor Borrower shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Lawlaw.

Taxes and Other Taxes. (1) All payments to the Secured Creditors Administrative Agent and the Collateral Agent Holders by the Guarantor under this Guarantee or Company and the Parent under any of the Guarantor Security Note Purchase Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “"Taxes”") imposed by the United States of America or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law law to be deducted or withheld. If the Guarantor Company or the Parent shall be required by applicable Law law to deduct or withhold any such Taxes from or in respect of any amount payable under this Guarantee or under any of the Guarantor Security Documents, Note Purchase Documents (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.162.18), the Secured Creditors Administrative Agent and the Collateral Agent Holders receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor Company and/or the Parent, as applicable, shall make such deductions or withholdings, and (iii) the Guarantor Company and/or the Parent shall immediately pay when required the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Lawlaw.

Taxes and Other Taxes. (1) All payments to the Secured Creditors and the Collateral Agent by the Guarantor under this Guarantee or under any of the Guarantor Security Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “"Taxes”") imposed by any jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law law to be deducted or withheld. If the Guarantor shall be required by applicable Law law to deduct or withhold any such Taxes from or in respect of any amount payable under this Guarantee or under any of the Guarantor Security Documents, (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.16), the Secured Creditors and the Collateral Agent receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor shall make such deductions or withholdings, and (iii) the Guarantor shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Lawlaw.

Taxes and Other Taxes. (1) All payments to the Secured Creditors and the Collateral Agent by the Guarantor under this Amended and Restated Guarantee or under any of the Guarantor Security Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “"Taxes”") imposed by any jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law law to be deducted or withheld. If the Guarantor shall be required by applicable Law law to deduct or withhold any such Taxes from or in respect of any amount payable under this Amended and Restated Guarantee or under any of the Guarantor Security Documents, (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.16), the Secured Creditors and the Collateral Agent receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor shall make such deductions or withholdings, and (iii) the Guarantor shall immediately pay the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Lawlaw.

Taxes and Other Taxes. (1) All payments to the Secured Creditors Administrative Agent and the Collateral Agent Investors by the Guarantor under this Guarantee or Company and the Parent under any of the Guarantor Security Unit Purchase Documents shall be made free and clear of and without deduction or withholding for any and all taxes, levies, imposts, deductions, charges or withholdings and all related liabilities (all such taxes, levies, imposts, deductions, charges, withholdings and liabilities being referred to as “"Taxes”") imposed by the United States of America or any other relevant jurisdiction (or any political subdivision or taxing authority of it), unless such Taxes are required by applicable Law law to be deducted or withheld. If the Guarantor Company or the Parent shall be required by applicable Applicable Law to deduct or withhold any such Taxes from or in respect of any amount payable under this Guarantee or under any of the Guarantor Security Documents, Unit Purchase Documents (i) the amount payable shall be increased (and for greater certainty, in the case of interest, the amount of interest shall be increased) as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Section 3.162.19), the Secured Creditors Administrative Agent and the Collateral Agent Investors receive an amount equal to the amount they would have received if no such deduction or withholding had been made, (ii) the Guarantor Company and/or the Parent, as applicable, shall make such deductions or withholdings, and (iii) the Guarantor Company and/or the Parent shall immediately pay when required the full amount deducted or withheld to the relevant Governmental Entity in accordance with applicable Applicable Law.