Common use of Grossing-up for taxes Clause in Contracts

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers shall indemnify each Creditor against any losses or costs incurred by it by reason of any failure of the Borrowers to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers shall promptly deliver to the Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 5 contracts

Samples: Loan Agreement (Poseidon Containers Holdings Corp.), Supplemental Agreement (Diana Shipping Inc.), Loan Agreement (Diana Shipping Inc.)

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Grossing-up for taxes. 6.6.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor Bank or the Agent (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Bank and the relevant Creditor Agent receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor Bank and the Agent against any losses or costs incurred by it any of them by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Agent and/or the Banks any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 4 contracts

Samples: Facilities Agreement (Aries Maritime Transport LTD), Agreement (Aries Maritime Transport LTD), Facilities Agreement (Omega Navigation Enterprises, Inc.)

Grossing-up for taxes. 6.6.1 8.5.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of this Agreement and/or the Security Facility Documents for the account of any Creditor Beneficiary (or if the Agent or, as the case may be, the Security Facility Agent is required to make any such deduction or withholding from a payment to a Bank), another Beneficiary) the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor each Beneficiary receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), ) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor Beneficiary against any losses or costs incurred by it any of them by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Facility Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any such deduction or withholding as aforesaidwithholding.

Appears in 3 contracts

Samples: Project Loan Agreement, Project Loan Agreement (QGOG Constellation S.A.), Agreement (QGOG Constellation S.A.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are required to make any deduction for the account of any Finance Party or if the Facility Agent or the Security Agent is required to make any deduction or withholding from a payment to another Finance Party or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank)Finance Documents, the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers shall indemnify each Creditor Finance Party against any losses or costs incurred by it by reason of any failure of the Borrowers to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers shall promptly deliver to the Facility Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 2 contracts

Samples: Agreement (Paragon Shipping Inc.), Credit Agreement (DryShips Inc.)

Grossing-up for taxes. 6.6.1 8.5.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of this Agreement and/or the Security Facility Documents for the account of any Creditor Bank Beneficiary (or if the Agent or, as the case may be, the Security Bank Agent is required to make any such deduction or withholding from a payment to a Bank), another Bank Beneficiary) the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor each Bank Beneficiary receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), ) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor Bank Beneficiary against any losses or costs incurred by it any of them by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Bank Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any such deduction or withholding as aforesaidwithholding.

Appears in 2 contracts

Samples: Loan Agreement, Agreement (QGOG Constellation S.A.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor against any losses or costs incurred by it by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor against any losses or costs incurred by it by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers or any of them are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, or the Security Agent is required to make any such deduction or withholding from a payment to a Bank)another Creditor, the sum due from the Borrowers or any of them in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers shall indemnify each Creditor against any losses or costs incurred by it by reason of any failure of the Borrowers or any of them to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers shall promptly deliver to the Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Agreement (FreeSeas Inc.)

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Grossing-up for taxes. 6.6.1 by the Borrowers If at any time the Borrowers are required to any Borrower or any Security Party must make any deduction or withholding in respect of Taxes or otherwise from any payment due under any of the Security Documents for the account of the Lender or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank)Documents, the sum due from the Borrowers any Borrower or any Security Party in respect of such payment shall must be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor Lender receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and each Borrower must indemnify the Borrowers shall indemnify each Creditor Lender against any losses or costs incurred by it by reason of any failure of the Borrowers any Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers shall Each Borrower must promptly deliver to the Agent Lender any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Facility Agreement (Navios Maritime Partners L.P.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are an Obligor is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents Finance Document for the account of any Creditor Finance Party (or if the Agent or, as the case may be, the Security Facility Agent is required to make any such deduction or withholding from a payment to a BankFinance Party), the sum due from the Borrowers such Obligor in respect of such payment shall shall, subject to clause 15.5, be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor each Finance Party receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), ) a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made made, and the Borrowers Borrower shall indemnify each Creditor Finance Party against any losses or costs incurred by it any of them by reason of any failure of the Borrowers an Obligor to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly upon request deliver to the Facility Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any such deduction or withholding as aforesaidwithholding.

Appears in 1 contract

Samples: Conformed Copy (Txu Corp /Tx/)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are Borrower is required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Finance Documents for the account of any Creditor Bank or the Agent (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers Borrower in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, each Bank and the relevant Creditor Agent receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers Borrower shall indemnify each Creditor Bank and the Agent against any losses or costs incurred by it any of them by reason of any failure of the Borrowers Borrower to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers Borrower shall promptly deliver to the Agent and/or the Banks any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Agreement (Omega Navigation Enterprises, Inc.)

Grossing-up for taxes. 6.6.1 If at any time the Borrowers are required to make any deduction or withholding in respect of Taxes from any payment due under any of the Security Documents for the account of any Creditor (or if the Agent or, as the case may be, the Security Agent is required to make any such deduction or withholding from a payment to a Bank), the sum due from the Borrowers in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the relevant Creditor receives on the due date for such payment (and retains, free from any liability in respect of such deduction or withholding), a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrowers shall indemnify Indemnify each Creditor against any losses or costs incurred by it by reason of any failure of the Borrowers to make any such deduction or withholding or by reason of any increased payment not being made on the due date for such payment. The Borrowers shall promptly deliver to the Agent any receipts, certificates or other proof evidencing the amounts (if any) paid or payable in respect of any deduction or withholding as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

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