Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, deliver to the Borrower a certificate issued by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as may need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities the latter requests the Lender’s rouble bank account details, the Lender shall at the request of the Borrower (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower with the details of such rouble bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.
Appears in 5 contracts
Samples: Loan Agreement (Open Joint Stock Co Vimpel Communications), Loan Agreement (Open Joint Stock Co Vimpel Communications), Agreement (Open Joint Stock Co Vimpel Communications)
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, Borrower (to the extent it that the Lender is able to do so under applicable law including Russian laws, law) deliver to the Borrower Borrower, at the Borrower’s cost, a duly completed certificate issued by the competent Taxing Authority taxing authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) United Kingdom confirming that the Lender is a tax resident in Luxembourg the United Kingdom and (or any Qualifying Jurisdiction in which to the Lender or any successor thereto is resident for tax purposesextent reasonably practicable) and such other information or forms forms, including a power of attorney in form and substance acceptable to the Borrower authorising it to file the certificate on behalf of the Lender with the relevant tax authority, as may need to be duly completed and delivered by to the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement Ukrainian tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax Ukrainian tax has not been obtained. The Lender shall, within 30 calendar days obtained on the basis of the request relevant provisions of the Borrower, to the extent it is able to do so under applicable law including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Double Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtainedTreaty. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, Lender and stamped the Lender shall use its reasonable endeavours to procure the stamping or otherwise approved other approval thereof by the competent Taxing Authority tax authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalisedUnited Kingdom. If a relief from deduction or withholding of Russian Tax Ukrainian tax or a tax refund under this Clause 8.8 7.7 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities Ukrainian tax authorities the latter requests the Lender’s rouble hryvnia bank account details, the Lender shall (subject to it determining that such action is not adverse to its interests, such determination to be made reasonably) at the request of the Borrower (xi) use reasonable efforts to procure that such rouble hryvnia bank account of the Lender is duly opened and maintained, ; and (yii) thereafter furnish the Borrower with the details of such rouble hryvnia bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble hryvnia bank account. Nothing contained in this Clause 7.7 shall interfere with the right of the Lender to arrange its affairs generally in whatever manner it thinks fit nor oblige the Lender to disclose confidential information or any information relating to its affairs generally.
Appears in 3 contracts
Samples: HTM Loan Agreement, Public Joint Stock Co Commercial Bank PrivatBank, Public Joint Stock Co Commercial Bank PrivatBank
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, use its reasonable efforts to deliver to the Borrower a certificate issued by the competent Taxing Authority in Luxembourg Ireland (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg Ireland for the purposes of the Ireland/Russia double taxation agreement (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as may need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg Ireland (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities the latter requests the Lender’s rouble Rouble bank account details, the Lender shall at the request of the Borrower (x) use reasonable efforts to procure that such rouble Rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower with the details of such rouble Rouble bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble Rouble bank accountaccount and obtaining any certificates or forms pursuant to this Clause 8.8.
Appears in 2 contracts
Samples: Agreement (Open Joint Stock Co Vimpel Communications), Agreement (Open Joint Stock Co Vimpel Communications)
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrowerany Guarantor, to the extent it is able to do so under applicable law including Russian lawsthe laws of the jurisdiction in which the relevant Guarantor is resident for tax purposes, deliver to the Borrower that Guarantor a certificate issued by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as the relevant Guarantor may need to be duly completed and delivered by the Lender to enable the Borrower that Guarantor to apply to obtain relief from deduction or withholding of Russian the relevant Tax after the date of this Agreement Guarantee or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian the relevant Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrowerany Guarantor, to the extent it is able to do so under applicable law laws, including Russian lawsthe laws of the jurisdiction in which the relevant Guarantor is resident for tax purposes, from time to time deliver to the Borrower that Guarantor any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower that Guarantor to apply to obtain relief from deduction or withholding of Russian the relevant Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian the relevant Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 4.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian the relevant Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower that Guarantor to the relevant Russian Taxing Authorities the latter requests the Lender’s 's rouble bank account details, the Lender shall at the request of the Borrower that Guarantor (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower that Guarantor with the details of such rouble bank account. The Borrower relevant Guarantor shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.. 4.9
Appears in 1 contract
Samples: Wimm Bill Dann Foods Ojsc
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, deliver to the Borrower a certificate issued by the competent Taxing Authority in Luxembourg Germany (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg Germany (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as may need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg Germany (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities the latter requests the Lender’s rouble bank account details, the Lender shall at the request of the Borrower (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower with the details of such rouble bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.
Appears in 1 contract
Samples: Loan Agreement (Open Joint Stock Co Vimpel Communications)
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law laws including Russian laws, deliver to the Borrower a certificate issued by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as the Borrower may need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law laws including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities the latter requests the Lender’s 's rouble bank account details, the Lender shall at the request of the Borrower (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower with the details of such rouble bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.
Appears in 1 contract
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, Borrower (to the extent it that the Lender is able to do so under applicable law including Russian laws, law) deliver to the Borrower a duly completed certificate issued by the competent Taxing Authority taxing authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) United Kingdom confirming that the Lender is a tax resident in Luxembourg the United Kingdom and (or any Qualifying Jurisdiction in which to the Lender or any successor thereto is resident for tax purposesextent reasonably practicable) and such other information or forms forms, including a power of attorney in form and substance acceptable to the Borrower authorising it to file the certificate on behalf of the Lender with the relevant tax authority, as may need to be duly completed and delivered by to the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement Ukrainian tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax Ukrainian tax has not been obtained. The Lender shall, within 30 calendar days obtained on the basis of the request relevant provisions of the Borrower, to the extent it is able to do so under applicable law including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Double Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtainedTreaty. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, Lender and stamped the Lender shall use its reasonable endeavours to procure the stamping or otherwise approved other approval thereof by the competent Taxing Authority tax authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalisedUnited Kingdom. If a relief from deduction or withholding of Russian Tax Ukrainian tax or a tax refund under this Clause 8.8 7.7 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities Ukrainian tax authorities the latter requests the Lender’s rouble 's hryvnia bank account details, the Lender shall (subject to it determining that such action is not adverse to its interests, such determination to be made reasonably) at the request of the Borrower (xi) use reasonable efforts to procure that such rouble hryvnia bank account of the Lender is duly opened and maintained, and (yii) thereafter furnish the Borrower with the details of such rouble hryvnia bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble hryvnia bank account. Nothing contained in this Clause 7.7 shall interfere with the right of the Lender to arrange its affairs generally in whatever manner it thinks fit nor oblige the Lender to disclose confidential information or any information relating to its affairs generally.
Appears in 1 contract
Samples: Agreement (Public Joint Stock Co Commercial Bank PrivatBank)
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law laws including Russian laws, deliver to the Borrower a certificate issued by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as the Borrower may need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax after the date of this Agreement or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrower, to the extent it is able to do so under applicable law laws including Russian laws, from time to time deliver to the Borrower any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower to apply to obtain relief from deduction or withholding of Russian Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower to the relevant Russian Taxing Authorities the latter requests the Lender’s rouble bank account details, the Lender shall at the request of the Borrower (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower with the details of such rouble bank account. The Borrower shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.
Appears in 1 contract
Delivery of Forms. The Lender shall within 30 calendar days of the request of the Borrowerany Guarantor, to the extent it is able to do so under applicable law including Russian lawsthe laws of the jurisdiction in which the relevant Guarantor is resident for tax purposes, deliver to the Borrower that Guarantor a certificate issued by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) confirming that the Lender is a tax resident in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and such other information or forms as the relevant Guarantor may need to be duly completed and delivered by the Lender to enable the Borrower that Guarantor to apply to obtain relief from deduction or withholding of Russian the relevant Tax after the date of this Agreement Guarantee or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian the relevant Tax has not been obtained. The Lender shall, within 30 calendar days of the request of the Borrowerany Guarantor, to the extent it is able to do so under applicable law laws including Russian lawsthe laws of the jurisdiction in which the relevant Guarantor is resident for tax purposes, from time to time deliver to the Borrower that Guarantor any additional duly completed application forms as need to be duly completed and delivered by the Lender to enable the Borrower that Guarantor to apply to obtain relief from deduction or withholding of Russian the relevant Tax or, as the case may be, to apply to obtain a tax refund if a relief from deduction or withholding of Russian the relevant Tax has not been obtained. The certificate and, if required, other forms referred to in this Clause 8.8 4.8 shall be duly signed by the Lender, if applicable, and stamped or otherwise approved by the competent Taxing Authority in Luxembourg (or any Qualifying Jurisdiction in which the Lender or any successor thereto is resident for tax purposes) and apostilled or otherwise legalised. If a relief from deduction or withholding of Russian the relevant Tax under this Clause 8.8 has not been obtained and further to an application of the Borrower that Guarantor to the relevant Russian Taxing Authorities the latter requests the Lender’s rouble bank account details, the Lender shall at the request of the Borrower that Guarantor (x) use reasonable efforts to procure that such rouble bank account of the Lender is duly opened and maintained, and (y) thereafter furnish the Borrower that Guarantor with the details of such rouble bank account. The Borrower relevant Guarantor shall pay for all costs associated, if any, with opening and maintaining such rouble bank account.
Appears in 1 contract