Common use of Mandatory Withholding Clause in Contracts

Mandatory Withholding. Notwithstanding any other provision in this Indenture, if the Corporation or Indenture Trustee or any other Person (each a “Payor”) is so required to withhold or deduct any amount for or on account of taxes from any amount paid or credited (including the issuance of any shares on conversion or repayment or otherwise), under or with respect to the Debentures, such Payor shall be entitled to make such withholding or deduction from the amount that would otherwise be paid or credited. The Payor may take whatever means are required to satisfy such obligation to withhold or deduct, including, but not limited to, the sale of any Common Shares that may otherwise be issued to such holder. Any amount withheld or deducted pursuant to this Section 2.16 shall constitute a payment, which satisfies and discharges the liability of the Corporation for the Debentures to which the withholding or deduction relates to the extent of the amount so withheld or deducted. For greater certainty, no additional amount or gross up will be paid with respect to such taxes so withheld or deducted.

Mandatory Withholding. Notwithstanding any other provision in this Indenture, if the Corporation or Indenture Trustee or any other Person (each a “"Payor”") is so required to withhold or deduct any amount for or on account of taxes from any amount paid or credited (including the issuance of any shares on conversion conversion, redemption or repayment or otherwise), under or with respect to the Debentures, such Payor shall be entitled to make such withholding or deduction from the amount that would otherwise be paid or credited. The Payor may take whatever means are required to satisfy such obligation to withhold or deduct, including, but not limited to, the sale of any Common Shares that may otherwise be issued to such holder. Any amount withheld or deducted pursuant to this Section 2.16 shall constitute a payment, which satisfies and discharges the liability of the Corporation for the Debentures to which the withholding or deduction relates to the extent of the amount so withheld or deducted. For greater certainty, no additional amount or gross up will be paid with respect to such taxes so withheld or deducted.