Template:Nutshell 2002 ISDA 2(d)(i)

2(d)(i) Gross-Up. All payments must be made without withholding unless is required by law.
In that case the payer must:

(1) promptly notify recipient;

(2) pay the necessary amount to the tax authorities;

(3) provide the recipient with evidence of the payment it made; and

(4) where the withholding is an Indemnifiable Tax, gross up the withholding to the recipient.

A payer won't have to gross up where:

(1) the recipient failed to provide necessary information to process a rebate; or

(2) its Section 3(f) tax representations turned out to be wrong (unless that was brought about by a tax authority taking legal action or a Change in Tax Law after the Transaction was executed.