Common use of Application of Credits Clause in Contracts

Application of Credits. If the Borrower is required to pay amounts pursuant to the provisions of this Section 2.15, and if thereafter the Administrative Agent, Lender or Issuing Lender (as the case may be) shall receive or be granted a credit against or remission or other relief for Indemnified Taxes or Other Taxes payable by the Administrative Agent, Lender or Issuing Lender (as the case may be) and solely in respect of the amounts so paid by the Borrower, the Administrative Agent, Lender or Issuing Lender (as the case may be) shall to the extent that it can do so without prejudice to the retention of the amount of such credit, remission or other relief, pay to the Borrower 30 days after the date on which the Administrative Agent, Lender or Issuing Lender (as the case may be) actually realizes the benefit of such credit, remission or other relief an amount which it reasonably determines to be attributable to amounts paid by Borrower pursuant to this Section 2.15 less any sum which it is required by law to deduct therefrom; provided that the Administrative Agent, Lender or Issuing Lender (as the case may be) may, in its sole discretion, determine the order of utilization of all charges, deductions, credits and expenses. Nothing in this Section 2.15(f) shall be construed as requiring the Administrative Agent, Lender or Issuing Lender (as the case may be) to conduct its business or to arrange or alter in any respect its tax or financial affairs so that it is entitled to receive such credit, remission or other relief, other than performing any ministerial acts necessary to be entitled to receive such credit, remission or other relief.

Application of Credits. If the Borrower is required to pay amounts pursuant to the provisions of this Section 2.15, and if thereafter the Administrative Agent, Lender or Issuing Lender (as the case may be) shall receive or be granted a credit against or remission or other relief for Indemnified Taxes or Other Taxes payable by the Administrative Agent, Lender or Issuing Lender (as the case may be) and solely in respect of the amounts so paid by the Borrower, the Administrative Agent, Lender or Issuing Lender (as the case may be) shall to the extent that it can do so without prejudice to the retention of the amount of such credit, remission or other relief, pay to the Borrower 30 days after the date on Amended and Restated Credit Agreement which the Administrative Agent, Lender or Issuing Lender (as the case may be) actually realizes the benefit of such credit, remission or other relief an amount which it reasonably determines to be attributable to amounts paid by Borrower pursuant to this Section 2.15 less any sum which it is required by law to deduct therefrom; provided that the Administrative Agent, Lender or Issuing Lender (as the case may be) may, in its sole discretion, determine the order of utilization of all charges, deductions, credits and expenses. Nothing in this Section 2.15(f) shall be construed as requiring the Administrative Agent, Lender or Issuing Lender (as the case may be) to conduct its business or to arrange or alter in any respect its tax or financial affairs so that it is entitled to receive such credit, remission or other relief, other than performing any ministerial acts necessary to be entitled to receive such credit, remission or other relief.