Common use of Tax Indemnity Clause in Contracts

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 22 contracts

Samples: Restatement Agreement (Mittal Steel Co N.V.), Western Power Distribution (PPL Corp), Agreement (PPL Corp)

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Tax Indemnity. (a) Except as provided below, the Company Borrower must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 6 contracts

Samples: www.sec.gov, Amendment and Restatement Agreement (Strategic Hotels & Resorts, Inc), Agreement (PPL Corp)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) acting reasonably determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 5 contracts

Samples: Agreement (Carnival PLC), www.sec.gov, Facilities Agreement (Carnival PLC)

Tax Indemnity. (a) Except as provided below, the Company must or must procure that an Obligor will indemnify a Finance Party against any loss or liability or cost which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed for the purposes of Tax to be received or receivable) under a Finance Document.

Appears in 5 contracts

Samples: Agreement (Amec PLC), Agreement (Amec PLC), Agreement (Amec PLC)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretionacting reasonably) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) by it under a Finance Document.

Appears in 4 contracts

Samples: Bridge Facilities Agreement (Bayer Aktiengesellschaft), Agreement (Bayer Aktiengesellschaft), Syndicated Facilities Agreement (Bayer Aktiengesellschaft)

Tax Indemnity. (a) Except as provided below, the Company Obligors’ Agent must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 4 contracts

Samples: Agreement, Agreement (Imperial Tobacco Group PLC), Agreement (Imperial Tobacco Group PLC)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 3 contracts

Samples: Agreement (Tele2 Ab), Agreement (Tele2 Ab), Agreement (Oce N V)

Tax Indemnity. (a) Except as provided below, the Company each Obligor must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) from that Obligor under a Finance Document.

Appears in 2 contracts

Samples: Agreement (Hungarian Telephone & Cable Corp), Credit Agreement (Merix Corp)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretionacting reasonably) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.. EXECUTION COPY

Appears in 2 contracts

Samples: Agreement (E. Merck oHG), Agreement (Merck Kgaa /Fi)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability Liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) recoverable under a Finance DocumentDocument provided that the Finance Party provides documentary evidence of the same to the extent such evidence is reasonably available.

Appears in 2 contracts

Samples: Common Terms Agreement (Ormat Technologies, Inc.), Common Terms Agreement (Ormat Technologies, Inc.)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss loss, liability or liability cost which that Finance Party (in its absolute discretion) determines will be suffers, or has been suffered (suffered, directly or indirectly) by that Finance Party for or on account of Tax by that Finance Party in relation to a payment received or receivable (or any payment deemed to be received or receivable) under respect of a Finance Document.

Appears in 2 contracts

Samples: Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC)

Tax Indemnity. (a) Except as provided below, the Company each Borrower must indemnify a Finance Party against any loss loss, liability or liability cost which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) from that Borrower under a Finance Document.

Appears in 2 contracts

Samples: Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Agreement (Kabel Deutschland GmbH)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretiondiscretion but acting in good faith) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 2 contracts

Samples: Agreement (Preem Holdings Ab Publ), Agreement (Preem Holdings Ab Publ)

Tax Indemnity. (a) Except as provided below, the Company must Borrower shall indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Intercreditor Agreement (Metro International Sa)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Bridge Finance Document.

Appears in 1 contract

Samples: Bridge Loan Agreement (Enodis PLC)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability or cost which that Finance Party (acting in its absolute discretiongood faith) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Loan Facilities Agreement

Tax Indemnity. (a) Except as provided below, the Company Obligors must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Centex Corp)

Tax Indemnity. (a) Except as provided below, the The Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Telesystem International Wireless Inc)

Tax Indemnity. (a) Except as provided below, the Company Borrowers must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Aramark Corp/De)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party and an Affiliate of a Finance Party against any loss or liability which that Finance Party or Affiliate (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party or Affiliate for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Subordination Agreement (Kellwood Co)

Tax Indemnity. (a) Except as provided below, the Company each Obligor must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Facilities Agreement

Tax Indemnity. (a) Except as provided below, the Company each Obligor must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party or any of its Affiliates (for which, and to the extent that, that Obligor has not made a payment to that Finance Party pursuant to Subclause 15.2(c) (Tax gross-up)) for or on account of any Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) from that Obligor under a Finance Document.

Appears in 1 contract

Samples: Agreement (Royal Ahold)

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Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability or cost which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Baidu, Inc.)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretiongood faith) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Evraz Group S.A.)

Tax Indemnity. (a) Except as provided below, the Company The Borrowers must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be suffer or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Documentthis Agreement.

Appears in 1 contract

Samples: Archstone Smith Trust

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that the Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Photronics Inc)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a the Lender (for the benefit of the Finance Party Parties) against any documented loss or liability or cost which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that a Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Facilities Agreement (Mechel OAO)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a indemnifies each Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document or in connection with the execution, delivery or performance of any Finance Document.

Appears in 1 contract

Samples: Credit Agreement (Warp Technology Holdings Inc)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute reasonable discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Bausch & Lomb Inc)

Tax Indemnity. (a) Except as provided below, the Company each Obligor must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Royal Ahold)

Tax Indemnity. (a) Except as provided below, the Company each Obligor must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretiondiscretion and acting in good faith) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance DocumentDocument from that Obligor.

Appears in 1 contract

Samples: Agreement (Converium Holding Ag)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be suffers, or has been suffered (suffered, directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Agreement (Smith & Nephew PLC)

Tax Indemnity. (a) Except as provided below, the Company must indemnify a Finance Party against any loss or liability or cost which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: Facility Agreement (Aquaventure Holdings LLC)

Tax Indemnity. (a) Except as provided below, the Company must each Obligor shall indemnify a Finance Party against any loss loss, liability or liability cost which that Finance Party (in its absolute discretion) determines that it has suffered or will be or has been suffered suffer (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) from that Obligor under a Finance Document.

Appears in 1 contract

Samples: Amb Property Corp

Tax Indemnity. (a) 12.3.1 Except as provided below, the Company must indemnify a Finance Party against any loss or liability which that Finance Party (in its absolute discretion) determines will be or has been suffered (directly or indirectly) by that Finance Party for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under a Finance Document.

Appears in 1 contract

Samples: PPL Energy Supply LLC

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