Common use of Equity Holder Clause in Contracts

Equity Holder. In addition, each Buyer, each Debenture holder, each Warrant holder, and each holder of Common Stock that is not otherwise exempt from "back-up withholding" shall deliver to the Company two properly completed and duly executed copies of either (A) U.S. Internal Revenue Service Form W-8BEN, or any successor form, (B) U.S. Internal Revenue Service Form W-8ECI, or any successor form, (C) U.S. Internal Revenue Service Form W-9, or any successor form, or (D) other applicable form, certificate or document prescribed by the U.S. Internal Revenue Service, as applicable, in each case indicating that such Buyer, Debenture holder, Warrant holder, or holder of Common Stock is not subject to "back-up withholding" for U.S. Federal income tax purposes. The forms and other documents required to be delivered pursuant to this Section 4(m)(ii) shall be delivered (A) on or prior to the Closing Date and (B) from time to time thereafter if within ten (10) Business Days after receipt of a written request therefor by the Company. In addition, each Buyer, each Debenture holder, each Warrant holder and each holder of Common Stock shall promptly notify the Company at any time it determines that it is no longer in a position to provide any previously delivered (or requested) form, document or certificate to the Company, including as a result in whole or in part from a Change in Law; provided, however, that the failure to provide such notice shall not affect any Buyer's or Debenture holder's right to any additional amounts hereunder.

Equity Holder. In addition, each Buyer, each Debenture holder, each Warrant holder, and each holder of Common Stock that is not otherwise exempt from "back-up withholding" shall deliver to the Company two properly completed and duly executed copies of either (A) U.S. Internal Revenue Service Form W-8BEN, or any successor form, (B) U.S. Internal Revenue Service Form W-8ECI, or any successor form, (C) U.S. Internal Revenue Service Form W-9, or any successor form, or (D) other applicable form, certificate or document prescribed by the U.S. Internal Revenue Service, as applicable, in each case indicating that such Buyer, Debenture holder, Warrant holder, or holder of Common Stock is not subject to "back-up withholding" for U.S. Federal income tax purposes. The forms and other documents required to be delivered pursuant to this Section 4(m)(ii) shall be delivered (A) on or prior to the Initial Closing Date and (B) from time to time thereafter if within ten (10) Business Days after receipt of a written request therefor by the Company. In addition, each Buyer, each Debenture holder, each Warrant holder and each holder of Common Stock shall promptly notify the Company at any time it determines that it is no longer in a position to provide any previously delivered (or requested) form, document or certificate to the Company, including as a result in whole or in part from a Change in Law; provided, however, that the failure to provide such notice shall not affect any Buyer's or Debenture holder's right to any additional amounts hereunder.