Tax Agreement - 1992 ISDA Provision

1992 ISDA Master Agreement A Jolly Contrarian owner’s manual Section 4(d) in a Nutshell™ Use at your own risk, campers! 4(d) Tax Agreement. It will tell the other party promptly after learning that any of its Section 3(f) representations have ceased to be accurate. view template Section 4(d) in full 4(d) Tax Agreement. It will give notice of any failure of a representation made by it under Section 3(f) to be accurate and true promptly upon learning of such failure. view template Related agreements and comparisons Related Agreements Click here for the text of Section 4(d) in the 2002 ISDA Comparisons Click to compare this section in the 1992 ISDA and 2002 ISDA. Resources and navigation Resources Wikitext | Nutshell wikitext | 2002 ISDA wikitext | 2002 vs 1992 Showdown | 2006 ISDA Definitions | 2008 ISDA Navigation Preamble | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 Events of Default: 5(a)(i) Failure to Pay or Deliver • 5(a)(ii) Breach of Agreement • 5(a)(iii) Credit Support Default • 5(a)(iv) Misrepresentation • 5(a)(v) Default Under Specified Transaction • 5(a)(vi) Cross Default • 5(a)(vii) Bankruptcy • 5(a)(viii) Merger Without Assumption • Termination Events: 5(b)(i) Illegality • 5(b)(ii) Tax Event • 5(b)(iii) Tax Event Upon Merger • 5(b)(iv) Credit Event Upon Merger • 5(b)(v) Additional Termination Event • Index — Click ᐅ to expand: ► 1992 ISDA Get in touch Comments? Questions? Suggestions? Requests? Sign up for our newsletter? Questions? We’d love to hear from you. BREAKING: Get the new weekly newsletter here Old editions here

Content and comparisons

Another immaculate outing from the ISDA’s crack drafting squad™ ’92 vintage. Exactly the same in both versions.
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Summary

These reps allow the other party to pay without deduction for certain taxes. This covenant puts the onus on the payee (beneficiary) to ensure the other party (who is subject to the authority of the taxing authority in question) is not erroneously passing through moneys that it should withhold and for which it will be personally liable to account to the tax authority. It also gives the aggrieved payer a direct right of action to claim those amounts back off the forgetful payee.
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See also

• Indemnifiable Tax
• Tax
• Tax attorney
  

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