Template:ISDA Master Agreement 1992 5(b)(iii): Difference between revisions

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{{isdaprov|5(b)(iii)}} '''{{isdaprov|Tax Event Upon Merger}}'''. The party (the “'''{{isdaprov|Burdened Party}}'''”) on the next succeeding Scheduled <br>Payment Date will either (1) be required to pay an additional amount in respect of an Indemnifiable <br>Tax under Section {{isdaprov|2(d)(i)(4)}} (except in respect of interest under Section {{isdaprov|2(e)}}, {{isdaprov|6(d)(ii)}} or {{isdaprov|6(e)}}) or <br>(2) receive a payment from which an amount has been deducted or withheld for or on account of <br>any {{isdaprov|Indemnifiable Tax}} in respect of which the other party is not required to pay an additional amount <br>(other than by reason of Section {{isdaprov|2(d)(i)(4)(A)}} or (B)), in either case as a result of a party <br>consolidating or amalgamating with, or merging with or into, or transferring all or substantially all <br>its assets to, another entity (which will be the {{isdaprov|Affected Party}}) where such action does not constitute <br>an event described in Section {{isdaprov|5(a)(viii)}}; <br>
:{{isda92prov|5(b)(iii)}} '''{{isda92prov|Tax Event Upon Merger}}'''. The party (the “'''{{isda92prov|Burdened Party}}'''”) on the next succeeding {{isda92prov|Scheduled Payment Date}} will either (1) be required to pay an additional amount in respect of an {{isda92prov|Indemnifiable Tax}} under Section {{isda92prov|2(d)(i)(4)}} (except in respect of [[interest]] under Section {{isda92prov|2(e)}}, {{isda92prov|6(d)(ii)}} or {{isda92prov|6(e)}}) or (2) receive a payment from which an amount has been deducted or withheld for or on account of any {{isda92prov|Indemnifiable Tax}} in respect of which the other party is not required to pay an additional amount (other than by reason of Section {{isda92prov|2(d)(i)(4)(A)}} or (B)), in either case as a result of a party consolidating or amalgamating with, or merging with or into, or transferring all or substantially all its assets to, another entity (which will be the {{isda92prov|Affected Party}}) where such action does not constitute an event described in Section {{isda92prov|5(a)(viii)}}; <br>