Common use of Withholding of Taxes; Gross-Up Clause in Contracts

Withholding of Taxes; Gross-Up. Each payment by the Company under any Loan Document shall be made without deduction or withholding for any Taxes, unless such withholding is required by applicable Law (which, for purposes of this Section, shall include FATCA). If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required to deduct or withhold Taxes, then such Withholding Agent may so deduct or withhold and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable Law. If such Taxes are Indemnified Taxes, then the amount payable by the Company shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the Company Borrower under any Loan Credit Document shall be made without deduction or withholding for any Taxes, unless such deduction or withholding is required by applicable Law (which, for purposes of this Section, shall include FATCA)law. If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required under applicable law to deduct for or withhold Taxes, then such Withholding Agent may make such deduction or so deduct or withhold and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable Lawlaw. If such Taxes are Indemnified Taxes, then the amount payable by the Company Borrower shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this SectionSection 3.13), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the Company or on account of any Borrower under any Loan Document shall be made without deduction or withholding for any Taxes, unless such withholding is required by applicable Law (which, for purposes of this Section, shall include FATCA)any law. If any Withholding Agent determines, applicable law (as determined in its sole the good faith discretion exercised in good faith, that it is so required to deduct of an applicable withholding agent) requires the deduction or withhold Taxeswithholding of any Tax from any such payment by a withholding agent, then the applicable withholding agent shall be entitled to make such Withholding Agent may so deduct deduction or withhold withholding and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable Law. If law and, if such Taxes are Indemnified Taxes, then the amount payable by the Company such Borrower shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.

Withholding of Taxes; Gross-Up. Each payment by the Company or on account of any obligation of any Credit Party under any Loan Document shall be made without deduction or withholding for any Taxes, unless such withholding is required by any applicable Law (which, for purposes of this Section, shall include FATCA)law. If any applicable law (as determined by an applicable Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required to deduct ) requires the deduction or withhold Taxeswithholding of any Tax from any such payment by a Withholding Agent, then such the applicable Withholding Agent may shall be entitled to so deduct or withhold and shall timely pay the full amount of deducted or withheld Taxes to the relevant Governmental Authority in accordance with applicable Lawlaw. If such Taxes are Indemnified Taxes, then the amount payable by the Company applicable Credit Party shall be increased as necessary so that, net of such deduction or withholding (including such deduction or withholding applicable to additional amounts payable under this Section), the applicable Recipient receives the amount it would have received had no such deduction or withholding been made.