Template:ISDA Master Agreement 2002 Indemnifiable Tax: Difference between revisions
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“'''{{isdaprov|Indemnifiable Tax}}'''” means any {{isdaprov|Tax}} other than a {{isdaprov|Tax}} that would not be imposed in respect of a payment under this | “'''{{isdaprov|Indemnifiable Tax}}'''” means any {{isdaprov|Tax}} '''other than''' a {{isdaprov|Tax}} that '''would not''' be imposed in respect of a payment under this {{isdaprov|Agreement}} '''but for''' a present or former connection between the jurisdiction of the government or taxation authority imposing such {{isdaprov|Tax}} and the recipient of such payment or a person related to such recipient (including, without limitation, a connection arising from such recipient or related person being or having been a citizen or resident of such jurisdiction, or being or having been organised, present or engaged in a trade or business in such jurisdiction, or having or having had a permanent establishment or fixed place of business in such jurisdiction, '''but excluding''' a connection arising solely from such recipient or related person having executed, delivered, performed its obligations or received a payment under, or enforced, this {{isdaprov|Agreement}} or a {{isdaprov|Credit Support Document}}). | ||
Revision as of 15:16, 31 October 2016
“Indemnifiable Tax” means any Tax other than a Tax that would not be imposed in respect of a payment under this Agreement but for a present or former connection between the jurisdiction of the government or taxation authority imposing such Tax and the recipient of such payment or a person related to such recipient (including, without limitation, a connection arising from such recipient or related person being or having been a citizen or resident of such jurisdiction, or being or having been organised, present or engaged in a trade or business in such jurisdiction, or having or having had a permanent establishment or fixed place of business in such jurisdiction, but excluding a connection arising solely from such recipient or related person having executed, delivered, performed its obligations or received a payment under, or enforced, this Agreement or a Credit Support Document).