Common use of Certain Rules Relating to the Payment of Additional Amounts Clause in Contracts

Certain Rules Relating to the Payment of Additional Amounts. Upon the request, and at the expense, of the applicable Borrower, each Lender to which any of the Borrowers is required to pay any additional amount pursuant to subsection 4.10 or 4.11, and any Participant in respect of whose participation such payment is required, shall reasonably afford such Borrower the opportunity to contest, and reasonably cooperate with such Borrower in contesting, the imposition of any Non-Excluded Tax giving rise to such payment; provided that (i) such Lender shall not be required to afford such Borrower the opportunity to so contest unless such Borrower shall have confirmed in writing to such Lender its obligation to pay such amounts pursuant to this Agreement and (ii) such Borrower shall reimburse such Lender for its reasonable attorneys' and accountants' fees and disbursements incurred in so cooperating with such Borrower in contesting the imposition of such Non-Excluded Tax.

Appears in 1 contract

Sources: Credit Agreement (Imagex Com Inc)

Certain Rules Relating to the Payment of Additional Amounts. (a) Upon the request, and at the expense, of the applicable Borrower, each Lender to which any of the Borrowers Borrower is required to pay any additional amount pursuant to subsection 4.10 Section 2.19 or 4.112.20, and any Participant participant in respect of whose participation such payment is required, shall reasonably afford such the Borrower the opportunity to contest, and reasonably cooperate with such the Borrower in contesting, the imposition of any Non-Excluded Tax giving rise to such payment; provided PROVIDED that (i) such Lender shall not be required to afford such the Borrower the opportunity so to so contest unless such the Borrower shall have confirmed in writing to such Lender its obligation to pay such amounts pursuant to this Agreement and (ii) such the Borrower shall reimburse such Lender for its reasonable attorneys' and accountants' fees and disbursements incurred in so cooperating with such the Borrower in contesting the imposition of such Non-Excluded Tax.; PROVIDED, HOWEVER, that notwithstanding the foregoing no Lender shall be required to afford the Borrower the opportunity to contest,

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Day International Group Inc)

Certain Rules Relating to the Payment of Additional Amounts. (a) Upon the request, and at the expense, of the applicable Borrower, each Section 9.15 Lender to which any of the Borrowers Borrower is required to pay any additional amount pursuant to subsection 4.10 9.14 or 4.119.15, and any Participant in respect of whose participation such payment is required, shall reasonably afford such the Borrower the opportunity to contest, and reasonably cooperate with such the Borrower in contesting, the imposition of any Non-Excluded Tax giving rise to such payment; provided that (i) such Section 9.15 Lender shall not be required to afford such the Borrower the opportunity to so contest unless such the Borrower shall have confirmed in writing to such Section 9.15 Lender its obligation to pay such amounts pursuant to this Agreement and (ii) such the Borrower shall reimburse such Lender for its reasonable attorneys' and accountants' fees and disbursements incurred in so cooperating with such Borrower in contesting the imposition of such Non-Excluded Tax.Section

Appears in 1 contract

Sources: Short Term Credit Agreement (Acterna Corp)