Zero Commitment of every Lender is going to be increased if not influenced, and you can, but since if not expressly given inside

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Zero Commitment of every Lender is going to be increased if not influenced, and you can, but since if not expressly given inside

Likewise, the lenders and Providers agree to eliminate this new Loans given that indebtedness for everybody low-tax aim, as well as for financial statement revealing and regulating objectives

(iii) If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to Company and the Paying Agent at the time or times reasonably requested by Company or the Paying Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by Company or the Paying Agent as may be necessary for Company and the Paying Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under https://paydayloanscalifornia.org/cities/brea/ FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Point 2.16(e)(iii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

(f) Refunds from Indemnified Fees. If any Affected Party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.16, it shall pay to Company an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.16 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such Affected Party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund)pany, upon the request of such Affected Party, shall repay to such Affected Party the amount paid over pursuant to this Section 2.16(f) in the event that such Affected Party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this Section 2.16(f), in no event shall the Affected Party be required to pay any amount to Company pursuant to this Section 2.16(f) the payment of which would place the Affected Party in a less favorable net after-tax position than the Affected Party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This Section 2.16(f) shall not be construed to require any Affected Party to make available its tax returns (or any other information relating to its taxes that it deems confidential) to Company or any other Person.

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2.17 Defaulting Lenders. Area dos.7 with respect to such Defaulting Lender’s Commitment in respect of any Lender Default Period with respect to such Defaulting Lender; and (d) the Total Utilization of Commitments as at any date of determination shall be calculated as if such Defaulting Lender had funded all Defaulted Lender Loans of such Defaulting Lender. Section 2.17, performance by Company of its obligations hereunder and the other Credit Documents shall not be excused or otherwise modified as a result of any Funding Default or the operation of this Section 2.17. The rights and remedies against a Defaulting Lender under this Point 2.17 are in addition to other rights and remedies which Company may have against such Defaulting Lender with respect to any Funding Default and which Administrative Agent or any Lender may have against such Defaulting Lender with respect to any Funding Default or violation of Area 8.4(a).

dos.18 Intention of Activities. S., government, condition and you may regional taxation motives. Brand new terms of the Financing might be interpreted to help expand which intent and Loan providers and Organization invest in eliminate the Finance since indebtedness to own U.S., government, county and regional tax aim.