Indemnifiable Tax - ISDA Provision: Difference between revisions

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{{isdasnap|Indemnifiable Tax}}
{{fullanat2|isda|Indemnifiable Tax|1992|Indemnifiable Tax|2002}}
====Commentary====
====Commentary====
Without wishing to be overly negative, this one truly comes from the "wow" file in indefensible drafting:
Without wishing to be overly negative, this one truly comes from the "wow" file in indefensible drafting:


{{box|... ''other than'' a tax which would ''not'' be imposed ''but for''... }}
:... ''other than'' a tax which would ''not'' be imposed ''but for''...


Not only a triple negative, but since ISDAs definition of ’{{isdaprov|Tax}} already contains a negative (it excludes {{isdaprov|Stamp Tax}}) and “{{isdaprov|Indemnifiable Tax}}” is itself often used in the negative (e.g. “a tax which is {{isdaprov|not}} an {{isdaprov|Indemnifiable Tax}}”) — or even ''[[double negative]]'' (e.g. “''other than''
Not only a triple negative, but since ISDAs definition of ’{{isdaprov|Tax}} already contains a negative (it excludes {{isdaprov|Stamp Tax}}) and “{{isdaprov|Indemnifiable Tax}}” is itself often used in the negative (e.g. “a tax which is {{isdaprov|not}} an {{isdaprov|Indemnifiable Tax}}”) — or even ''[[double negative]]'' (e.g. “''other than''
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A need to know version is this:
A need to know version is this:
{{nuts|ISDA|Indemnifiable Tax}}
{{nuts|ISDA|Indemnifiable Tax}}
{{Withholding under ISDA}}
{{Withholding under ISDA}}
{{Withholding under ISDA}}