Common use of Banks to Submit Forms Clause in Contracts

Banks to Submit Forms. Each Bank represents to the Borrowers and the Agent that, as of the date it becomes a Bank and at all times thereafter, it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION 7701(a)(30) of the Code) shall submit to the Borrowers and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Bank, duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers or the Agent, each Bank that is a United States person (as such term is defined in SECTION 7701(a)(30) of the Code) shall submit to the Borrowers and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers Company and the Agent that, as of the date it becomes a Bank and at all times thereafter, that it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) is entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Company and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Banksuch under Section 8.02(b) or 8.05(b), duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers Company and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Company or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Company or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Company and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Company and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers and the Agent thatBank, as of the date it becomes a Bank party hereto, represents to the Borrower and at all times thereafter, the Agent that it is either (i) a corporation or association organized under the laws of the United States or any State thereof or (ii) is entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Bankparty hereto, a duly completed and signed copies copy of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers Borrower and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Borrower or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Borrower or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Borrower and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers Company and the Agent that, as of the date it becomes a Bank and at all times thereafter, that it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) is entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Company and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Banksuch under Section 8.01(b) or 8.05(b), duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers Company and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Company or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Company or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Company and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Company and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers and the Agent that, as of the date it becomes a Bank and at all times thereafter, it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Bank, duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers Borrower and the Agent that, as of the date it becomes a Bank and at all times thereafter, that it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) is entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent, on or before the later date of the Closing Date this Agreement or the day on which such Bank becomes a Banksuch under Section 9.6, as applicable, duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service, and each Bank that is a United States person on the date hereof or on the date it becomes a Bank under Section 9.6, as applicable, but subsequently ceases to be a United States person shall promptly notify the Borrower and the Agent and provide them either Form 1001 or Form 4224, as applicable. Thereafter and In addition, each Bank that is not a United States person shall, from time to time, each such Bank shall submit to the Borrowers Borrower and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Borrower or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Borrower or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Borrower and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers Borrower and the Agent that, as of the date it becomes a Bank and at all times thereafter, it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent, on or before the later of the Closing Date date hereof or the day on which such Bank becomes a Bank, duly completed and signed copies of either Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue Service. Thereafter and from time to time, each such Bank shall submit to the Borrowers Borrower and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Borrower or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Borrower or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Borrower and the Agent to the effect that it is such a United States person.

Banks to Submit Forms. Each Bank represents to the Borrowers Borrower and the Agent that, as of the date it becomes a Bank and at all times thereafter, that it is either (i) a corporation organized under the laws of the United States or any State thereof or (ii) is entitled to complete exemption from United States withholding tax imposed on or with respect to any payments, including fees, to be made pursuant to this Agreement (x) under an applicable provision of a tax convention to which the United States is a party or (y) because it is acting through a branch, agency or office in the United States and any payment to be received by it hereunder is effectively connected with a trade or business in the United States. Each Bank that is not a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent, on or before the later of the Closing Date or the day on which such Bank becomes a Bank, duly completed and signed copies of either Form W-8 and Form 1001 (relating to such Bank and entitling it to a complete exemption from withholding on all payments to be received by such Bank hereunder) or Form 4224 (relating to all payments to be received by such Bank hereunder) of the United States Internal Revenue ServiceService (or any successor forms thereto). Thereafter and from time to time, each such Bank shall submit to the Borrowers Borrower and the Agent such additional duly completed and signed copies of one or the other of such Forms (or such successor Forms as shall be adopted from time to time by the relevant United States taxing authorities) as may be (i) reasonably requested by the Borrowers Borrower or the Agent and (ii) required and permitted under then-current United States law or regulations to avoid United States withholding taxes on payments in respect of all payments to be received by such Bank hereunder. Upon the request of the Borrowers Borrower or the Agent, each Bank that is a United States person (as such term is defined in SECTION Section 7701(a)(30) of the Code) shall submit to the Borrowers Borrower and the Agent a certificate in such form as is reasonably satisfactory to the Borrowers Borrower and the Agent to the effect that it is such a United States personperson and not otherwise subject to backup withholding pursuant to section 3406 of the Code.