Grossing-up of Payments. If Company or any other Person is required by law to make any deduction or withholding on account of any such Tax from any sum paid or payable by Company to any Lender under any of the Loan Documents: (a) Company shall notify each Lender of any such requirement or any change in any such requirement as soon as Company becomes aware of it; (b) Company shall pay any such Tax before the date on which penalties attach thereto, such payment to be made (if the liability to pay is imposed on Company) for its own account or (if that liability is imposed on such Lender) on behalf of and in the name of such Lender; (c) the sum payable by Company in respect of which the relevant deduction, withholding or payment is required shall be increased to the extent necessary to ensure that, after the making of that deduction, withholding or payment, such Lender receives on the due date a net sum equal to what it would have received had no such deduction, withholding or payment been required or made; and (d) within 30 days after paying any sum from which it is required by law to make any deduction or withholding, and within 30 days after the due date of payment of any Tax which it is required by clause (b) above to pay, Company shall deliver to the applicable Lender evidence satisfactory to such Lender of such deduction, withholding or payment and of the remittance thereof to the relevant taxing or other authority.
Appears in 1 contract
Sources: Senior Subordinated Loan Agreement (Falcon Financial Investment Trust)
Grossing-up of Payments. If Company or any other Person is required by law to make any deduction or withholding on account of any such Tax from any sum paid or payable by Company to any Lender under any of the Loan Documents:
(a) Company shall notify each Lender the Lenders of any such requirement or any change in any such requirement as soon as Company becomes aware of it;
(b) Company shall pay any such Tax before the date on which penalties attach thereto, such payment to be made (if the liability to pay is imposed on Company) for its own account or (if that liability is imposed on such Lender) on behalf of and in the name of such Lender;
(c) the sum payable by Company in respect of which the relevant deduction, withholding or payment is required shall be increased to the extent necessary to ensure that, after the making of that deduction, withholding or payment, such Lender receives on the due date a net sum equal to what it would have received had no such deduction, withholding or payment been required or made; and and
(d) within 30 days after paying any sum from which it is required by law to make any deduction or withholding, and within 30 days after the due date of payment of any Tax which it is required by clause (b) above to pay, Company shall deliver to the applicable Lender Lenders evidence satisfactory to such Lender the other affected parties of such deduction, withholding or payment and of the remittance thereof to the relevant taxing or other authority.;
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Grossing-up of Payments. If Company or any other Person is required by law to make any deduction or withholding on account of any such Tax from any sum paid or payable by Company to any Lender under any of the Loan Documents:
(a) Company shall notify each Lender of any such requirement or any change in any such requirement as soon as Company becomes aware of it;
(b) Company shall pay any such Tax before the date on which penalties attach thereto, such payment to be made (if the liability to pay is imposed on Company) for its own account or (if that liability is imposed on such Lender) on behalf of and in the name of such Lender;
(c) the sum payable by Company in respect of which the relevant deduction, withholding or payment is required shall be increased to the extent necessary to ensure that, after the making of that deduction, withholding or payment, such Lender receives on the due date a net sum equal to what it would have received had no such deduction, withholding or payment been required or made; and and
(d) within 30 days after paying any sum from which it is required by law to make any deduction or withholding, and within 30 days after the due date of payment of any Tax which it is required by clause (b) above to pay, Company shall deliver to the applicable Lender evidence satisfactory to such Lender of such deduction, withholding or payment and of the remittance thereof to the relevant taxing or other authority.
Appears in 1 contract
Sources: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust)
Grossing-up of Payments. If the Company or any other Person is required by law to make any deduction or withholding on account of any such Tax from any sum paid or payable by the Company to any Lender Holder of a Senior Subordinated Note under any of the Loan Note Purchase Documents:
(ai) the Company shall notify each Lender Holder of a Senior Subordinated Note of any such requirement or any change in any such requirement as soon as the Company becomes aware of it;
(bii) the Company shall timely pay any such Tax before to the date on which penalties attach theretorelevant Governmental Body when such Tax is due, such payment to be made (if the liability to pay is imposed on Company) for its own account or (if that liability is imposed on such Lender) on behalf of and in the name of such Lenderaccordance with applicable law;
(ciii) unless such Tax is an Excluded Tax, the sum payable by the Company in respect of which the relevant deduction, withholding or payment is required shall be increased to the extent necessary to ensure that, after making the making of that deduction, withholding or paymentrequired deductions (including deductions applicable to additional sums payable under this Section 7.2(b)), such Lender Holder of a Senior Subordinated Note receives on the due date a net sum equal to what the sum it would have received had no such deduction, withholding or payment deduction been required or made; and and
(div) within 30 days after paying any sum from which it is required by law to make any deduction or withholdingsuch deduction, and within 30 days after the due date of payment of any Tax which it is required by clause (b) above to pay, the Company shall deliver to each Holder of a Senior Subordinated Note the applicable Lender evidence original or a certified copy of an official receipt or other document reasonably satisfactory to such Lender of such deduction, withholding or the other affected parties to evidence the payment and of the its remittance thereof to the relevant taxing or other authorityGovernmental Body.
Appears in 1 contract
Sources: Senior Subordinated Note Purchase Agreement (Digitalglobe Inc)
Grossing-up of Payments. If Company or any other Person is required by law to make any deduction or withholding on account of any such Tax from any sum paid or payable by Company to any Lender Bank under any of the Loan Documents:
(a) Company shall notify each Lender Bank of any such requirement or any change in any such requirement as soon as Company becomes aware of it;
(b) Company shall pay any such Tax before the date on which penalties attach thereto, such payment to be made (if the liability to pay is imposed on Company) for its own account or (if that liability is imposed on such LenderBank) on behalf of and in the name of such LenderBank;
(c) the sum payable by Company in respect of which the relevant deduction, withholding or payment is required shall be increased to the extent necessary to ensure that, after the making of that deduction, withholding or payment, such Lender Bank receives on the due date a net sum equal to what it would have received had no such deduction, withholding or payment been required or made; and and
(d) within 30 days after paying any sum from which it is required by law to make any deduction or withholding, and within 30 days after the due date of payment of any Tax which it is required by clause (b) above to pay, Company shall deliver to the applicable Lender Bank evidence satisfactory to such Lender the other affected parties of such deduction, withholding or payment and of the remittance thereof to the relevant taxing or other authority; provided that no such additional amount shall be required to be paid to Bank under clause (c) above except to the extent that any change after the date hereof in any such requirement for a deduction, withholding or payment as is mentioned therein shall result in an increase in the rate of such deduction, withholding or payment from that in effect at the date of this Agreement in respect of payments to Bank.
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