Common use of Foreign Taxes Clause in Contracts

Foreign Taxes. Any payments by the Guarantor to the Trustee or the Noteholders hereunder shall be made free and clear of, and without deduction or withholding for or on account of, any and all present and future income, stamp or other taxes, levies, imposts, duties, charges, fees, deductions or withholdings, now or hereinafter imposed, levied, collected, withheld or assessed by Bermuda or any other foreign jurisdiction in which the Guarantor or any Subsidiary has an office from which payment is made or deemed to be made, excluding any such tax imposed by reason of the Trustee or any Noteholder having some connection with any such jurisdiction other than its participation as the Trustee or Noteholder under the Indenture (all such taxes, “Foreign Taxes”). If the Guarantor is prevented by operation of law or otherwise from paying, causing to be paid or remitting that portion of amounts payable hereunder represented by Foreign Taxes withheld or deducted, then amounts payable under this Indenture shall, to the extent permitted by law, be increased to such amount as is necessary to yield and remit to the Trustee and the Noteholders an amount which, after deduction of all Foreign Taxes (including all Foreign Taxes payable on such increased payments) equals the amount that would have been payable if no Foreign Taxes applied.

Appears in 5 contracts

Samples: Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD)

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Foreign Taxes. Any payments by the Guarantor to the Trustee or the Noteholders hereunder shall be made free and clear of, and without deduction or withholding for or on account of, any and all present and future income, stamp or other taxes, levies, imposts, duties, charges, fees, deductions or withholdings, now or hereinafter imposed, levied, collected, withheld or assessed by Bermuda or any other foreign jurisdiction in which the Guarantor or any Subsidiary has an office from which payment is made or deemed to be made, excluding any such tax imposed by reason of the Trustee or any Noteholder having some connection with any such jurisdiction other than its participation as the Trustee or Noteholder under the Indenture (all such taxes, "Foreign Taxes"). If the Guarantor is prevented by operation of law or otherwise from paying, causing to be paid or remitting that portion of amounts payable hereunder represented by Foreign Taxes withheld or deducted, then amounts payable under this Indenture shall, to the extent permitted by law, be increased to such amount as is necessary to yield and remit to the Trustee and the Noteholders an amount which, after deduction of all Foreign Taxes (including all Foreign Taxes payable on such increased payments) equals the amount that would have been payable if no Foreign Taxes applied.

Appears in 2 contracts

Samples: Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD)

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Foreign Taxes. Any All payments by the Guarantor Company to each of the Trustee or the Noteholders Underwriters hereunder shall be made free and clear of, and without deduction or withholding for or on account of, any and all present and future income, stamp or other taxes, levies, imposts, duties, charges, fees, deductions or withholdings, now or hereinafter imposed, levied, collected, withheld or assessed by Bermuda Canada, China or any other foreign jurisdiction in which the Guarantor or any Subsidiary Company has an office from which payment is made or deemed to be made, excluding (i) any such tax imposed by reason of the Trustee or any Noteholder such Underwriter having some connection with any such jurisdiction other than its participation as Underwriter hereunder and (ii) any income or franchise tax on the Trustee or Noteholder under the Indenture overall net income of such Underwriter (all such non-excluded taxes, “Foreign Taxes”). If the Guarantor Company is prevented by operation of law or otherwise from paying, causing to be paid or remitting that portion of amounts payable hereunder represented by Foreign Taxes withheld or deducted, then amounts payable under this Indenture Agreement shall, to the extent permitted by law, be increased to such amount as is necessary to yield and remit to the Trustee and the Noteholders each Underwriter an amount which, after deduction of all Foreign Taxes (including all Foreign Taxes payable on such increased payments) equals the amount that would have been payable if no Foreign Taxes applied.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Canadian Solar Inc.)

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