Common use of Tax Indemnification Clause in Contracts

Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 108 contracts

Samples: Credit Agreement (Kite Realty Group Trust), Term Loan Agreement (Wells Real Estate Investment Trust Ii Inc), Term Loan Agreement (Kite Realty Group Trust)

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Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Administrative Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Administrative Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Administrative Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Administrative Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 24 contracts

Samples: Term Loan Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc), Term Loan Agreement (Broadstone Net Lease Inc)

Tax Indemnification. If the Borrower fails Borrowers fail to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower Borrowers shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the BorrowerBorrowers.

Appears in 15 contracts

Samples: Credit Agreement (Lepercq Corporate Income Fund L P), And Consolidated Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)

Tax Indemnification. If the Borrower fails to pay any Taxes when due ------------------- to the appropriate Governmental Authority or fails to remit to the Administrative Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Administrative Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Administrative Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Administrative Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 3 contracts

Samples: Term Loan Agreement (Federal Realty Investment Trust), Credit Agreement (CNL American Properties Fund Inc), Federal Realty Investment Trust

Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution of funds received from the Borrower or at its order hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Sl Green Realty Corp), Credit Agreement (Sl Green Realty Corp)

Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails fail to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Maguire Properties Inc), Credit Agreement (Gables Realty Limited Partnership)

Tax Indemnification. If the any Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 2 contracts

Samples: Security Agreement (Morgans Hotel Group Co.), Credit Agreement; And Waiver Agreement (Morgans Hotel Group Co.)

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Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective LenderBank, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders Banks for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender Bank as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender Bank to or for the account of any Lender Bank shall be deemed a payment by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Price Legacy Corp)

Tax Indemnification. If the a Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the such Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the a Borrower.

Appears in 1 contract

Samples: Credit Agreement (Regency Realty Corp)

Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority or fails to remit to the Agent, Agent for its account or the account of the respective Lender, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender to or for the account of any Lender shall be deemed a payment by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Physicians Specialty Corp)

Tax Indemnification. If the Borrower fails to pay any Taxes when due to the appropriate Governmental Authority governmental authority or fails to remit to the Agent, for its account or the account of the respective LenderBank, as the case may be, the required receipts or other required documentary evidence, the Borrower shall indemnify the Agent and the Lenders Banks for any incremental Taxes, interest or penalties that may become payable by the Agent or any Lender Bank as a result of any such failure. For purposes of this Section, a distribution hereunder by the Agent or any Lender Bank to or for the account of any Lender Bank shall be deemed a payment by the Borrower.

Appears in 1 contract

Samples: Loan Agreement (Grubb & Ellis Healthcare REIT, Inc.)

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