Common use of TAXES, DUTIES AND FEES Clause in Contracts

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower shall make such deductions, and (iii) Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 2 contracts

Samples: Facility Agreement (Flamel Technologies Sa), Facility Agreement (Tengion Inc)

AutoNDA by SimpleDocs

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Financing Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Financing Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower shall make such deductions, and (iii) Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 2 contracts

Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (Icad Inc)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder by Borrower to or for the account of a Lender under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes Taxes, except as required by applicable law. If Borrower shall be any Indemnified Taxes are required by law to deduct any Indemnified Taxes be deducted from or in respect of any sum payable hereunder or under any other a Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders Lender shall receive an amount equal to the sum they it would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) the Borrower shall make such deductions, and (iii) the Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) 30 days after the date of any payment of such Taxes, the Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Kempharm, Inc)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower Borrowers shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders Lender shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders Lender shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower Borrowers shall make such deductions, and (iii) Borrower Borrowers shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower Borrowers shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Flamel Technologies Sa)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Financing Document shall be made, in accordance with this Section 2.52.4, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Financing Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.52.4) the Lenders shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower shall make such deductions, and (iii) Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Titan Pharmaceuticals Inc)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder by Borrower to or for the account of a Lender under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes Taxes, except as required by applicable lawApplicable Law. If Borrower shall be any Indemnified Taxes are required by law to deduct any Indemnified Taxes be deducted from or in respect of any sum payable hereunder or under any a Transaction Document (other Transaction Documentthan, for the avoidance of doubt, the Warrant and the Agreement and Plan of Merger), (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders Lender shall receive an amount equal to the sum they it would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) the Borrower shall make such deductions, and (iii) the Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable lawApplicable Law. Within thirty (30) 30 days after the date of any payment of such Taxes, the Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Kempharm, Inc)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.5) the Lenders shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower shall make such deductions, and (iii) Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower shall furnish to the applicable Lender the any original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Tengion Inc)

AutoNDA by SimpleDocs

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions for Indemnified Taxes (including deductions for Indemnified Taxes applicable to additional sums payable under this Section 2.5) the Lenders shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower shall make such deductions, and (iii) Borrower shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower shall furnish to the applicable Lender the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such Lender.

Appears in 1 contract

Samples: Facility Agreement (Pacific Biosciences of California Inc)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified withholding Taxes except as required by applicable law. If Borrower shall be any Taxes are required by law to deduct be withheld from any Indemnified Taxes from or in respect of any sum amounts payable hereunder or under any other a Transaction Document, (i) the sum amount payable shall be increased by as much as shall be necessary so that that, after making all required deductions withholdings (including deductions applicable to withholdings on the additional sums payable under this Section 2.5) amounts), the Lenders payee shall receive an amount equal to the sum they it would have received had no such deductions withholdings been made (any and all such additional amounts payable to Lenders shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower the payor shall make such deductionswithholdings, and (iii) Borrower the payor shall pay the full amount deducted withheld to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower the payor shall furnish to the applicable Lender payee the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such payee. Borrower agrees to file, on behalf of each Lender, any necessary withholding Tax returns or statements when due, and will file any information reports with respect to its withholding and other obligations hereunder or under any other Transaction Document as may be required under Canadian law.

Appears in 1 contract

Samples: Facility Agreement (IMRIS Inc.)

TAXES, DUTIES AND FEES. (a) Any and all payments hereunder or under any other Transaction Document shall be made, in accordance with this Section 2.5, free and clear of and without deduction for any and all present or future Indemnified Taxes except as required by applicable law. If Borrower Company shall be required by law to deduct any Indemnified Taxes from or in respect of any sum payable hereunder or under any other Transaction Document, (i) the sum payable shall be increased by as much as shall be necessary so that after making all required deductions for Indemnified Taxes (including deductions for Indemnified Taxes applicable to additional sums payable under this Section 2.5) the Lenders Purchasers shall receive an amount equal to the sum they would have received had no such deductions been made (any and all such additional amounts payable to Lenders Purchasers shall hereafter be referred to as the “Additional Amounts”), (ii) Borrower Company shall make such deductions, and (iii) Borrower Company shall pay the full amount deducted to the relevant taxing or other authority in accordance with applicable law. Within thirty (30) days after the date of any payment of such Taxes, Borrower Company shall furnish to the applicable Lender Purchaser the original or a certified copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to such LenderPurchaser.

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Trigran Investments, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.