Common use of Deduction or Withholding Clause in Contracts

Deduction or Withholding. Any payment pursuant to this Agreement made by the Guarantor shall be made without any setoff or counterclaim and free and clear of and without any deduction or withholding for any tax, assessment, fee, charge, fine or penalty imposed by any government, political subdivision or other taxing authority; provided, however, that, if such deduction or withholding is required by applicable law, (i) such payment shall include such additional amount as is necessary to result in the net amount of such payment after such deduction or withholding not being less than the amount of such payment without such deduction or withholding, (ii) the Guarantor shall make such deduction or withholding and (iii) the Guarantor shall pay the amount of such deduction or withholding as required by applicable law.

Appears in 2 contracts

Sources: Guaranty Agreement (Derma Sciences Inc), Guaranty Agreement (Derma Sciences Inc)

Deduction or Withholding. Any payment pursuant to this Agreement made by the any Guarantor shall be made without any setoff or counterclaim and free and clear of and without any deduction or withholding for any tax, assessment, fee, charge, fine or penalty imposed by any government, political subdivision or other taxing authority; provided, however, that, if such deduction or withholding is required by applicable law, (i) such payment shall include such additional amount as is necessary to result in the net amount of such payment after such deduction or withholding not being less than the amount of such payment without such deduction or withholding, (ii) the such Guarantor shall make such deduction or withholding and (iii) the such Guarantor shall pay the amount of such deduction or withholding as required by applicable law.

Appears in 1 contract

Sources: Subordination Agreement (PNG Ventures Inc)