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SEC Filings

BRISTOW GROUP INC filed this Form 8-K on 04/23/2018
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18.4 Tax Credit

If an Obligor makes a Tax Payment and the relevant Finance Party determines that:


  (a) a Tax Credit is attributable to an increased payment of which that Tax Payment forms part, to that Tax Payment or to a Tax Deduction in consequence of which that Tax Payment was required; and


  (b) that Finance Party has obtained and utilised that Tax Credit,

the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.


18.5 Lender status confirmation

Each Lender which is not an Original Lender shall indicate, in the documentation which it executes on becoming a Lender, and for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in:


  (a) with respect to an English Borrower:


  (i) not an English Qualifying Lender;


  (ii) an English Qualifying Lender (other than an English Treaty Lender); or


  (iii) an English Treaty Lender; and


  (b) with respect to a Norwegian Borrower:


  (i) not a Norwegian Qualifying Lender;


  (ii) a Norwegian Qualifying Lender (other than a Norwegian Treaty Lender); or


  (iii) a Norwegian Treaty Lender.

If such a Lender fails to indicate its status in accordance with this Clause 18.5 then that Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Obligors’ Agent). For the avoidance of doubt, the documentation which a Lender executes on becoming a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 18.5.


18.6 Stamp taxes

Bristow Helicopters Limited shall pay and, within three Business Days of demand, indemnify each Secured Party against any cost, loss or liability that Secured Party incurs in relation to all stamp duty, registration and other similar Taxes payable in respect of any Finance Document.



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