Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 76 contracts
Samples: Credit Agreement (Upland Software, Inc.), Credit Agreement (Birks Group Inc.), Credit Agreement (Delta Apparel, Inc)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 45 contracts
Samples: Credit Agreement (Hudson Technologies Inc /Ny), Credit Agreement (Salem Media Group, Inc. /De/), Credit Agreement (GoPro, Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Administrative Borrower and Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreementthe Loan Documents:
Appears in 5 contracts
Samples: Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Defense LLC)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States U.S. withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Administrative Borrower and Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreementthe Loan Documents:
Appears in 4 contracts
Samples: Possession Term Loan Agreement (Colt Finance Corp.), Possession Term Loan Agreement (Colt Finance Corp.), Term Loan Agreement (Colt Finance Corp.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Administrative Agent, to deliver to Administrative Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 4 contracts
Samples: Credit Agreement (Anixter International Inc), Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Anixter International Inc)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Borrower, at the time or times reasonably requested by the Loan Parties or Agent, such properly completed and executed documentation reasonably requested by the Loan Parties or Agent as will permit such payments to be made without withholding or at a reduced rate of withholding, including without limitation one of the following following, before receiving its first payment under this Agreement:
Appears in 3 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one executed originals or copies thereof (in number of copies as shall be required by the recipient) of the relevant following document(s) before receiving its first payment under this Agreement, as applicable:
Appears in 3 contracts
Samples: Credit Agreement (Egalet Corp), Credit Agreement (Pernix Therapeutics Holdings, Inc.), Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first (1st) payment under this Agreement:
Appears in 3 contracts
Samples: Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Chesapeake Oilfield Operating LLC)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Borrower Representative on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 3 contracts
Samples: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (Performant Financial Corp), Credit Agreement (Flexsteel Industries Inc)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in and the case Administrative Borrower on behalf of a Participant, to the Lender granting the participation only) all Borrowers one of the following on or before receiving its first payment the date it becomes a Lender under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (Ranger Energy Services, Inc.), Credit Agreement (Ranger Energy Services, Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and Parent, to deliver to Agent and Parent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreementat the time or times prescribed by applicable law and at the time or times reasonably requested by Agent or Parent:
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Cleveland-Cliffs Inc.), Syndicated Facility Agreement (Cliffs Natural Resources Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement, Possession Credit Agreement (Erickson Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption from or reduction from of United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent upon a request by Agent with respect thereto (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (LiveVox Holdings, Inc.), Credit Agreement (LiveVox Holdings, Inc.)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this AgreementAgreement and as such other times as reasonably requested by Administrative Borrower or Agent:
Appears in 2 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to each of Borrower and Agent (or, in the case of a Participant, to each of Borrower and the Lender granting the participation onlyparticipation) one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (FleetMatics Group PLC), Credit Agreement (FleetMatics Group PLC)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent and Administrative Borrower (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp)
Exemptions. (a) (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Exemptions. (a) i.If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to 126471205_8 deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption from, or reduction from of, United States withholding taxTax, such Lender or Participant agrees with and in favor of AgentAgent and Administrative Borrower, to deliver to Agent and Administrative Borrower (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Samples: Credit Agreement (Accuride Corp)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption from or reduction from of United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in and the case of a Participant, to the Lender granting the participation only) Borrowers one of the following before receiving its first payment under this Agreement:: 70
Appears in 1 contract
Exemptions. (ai) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and Borrower, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If xiii)If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:: 87
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation onlyonly which Lender shall deliver to Agent) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (ai) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and the Borrowers, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and Administrative Xxxxxxxx, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of and the following before receiving its first payment under this Agreement:Administrative
Appears in 1 contract
Exemptions. (a) If a)If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (ac) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding taxTax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in and the case of a Participant, to the Lender granting the participation only) Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is a Foreign Lender and is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and Borrower, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) two originals of one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and Borrower one of the following before receiving its first payment under this Agreement:: 110
Appears in 1 contract
Exemptions. (a) If a Revolving Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Revolving Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Revolving Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, Agent and US Borrowers to deliver to Agent and Administrative Borrower on behalf of the US Borrowers (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (aez) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this AgreementAgreement and as such other times as reasonably requested by Administrative Borrower or Agent:
Appears in 1 contract
Exemptions. (aA) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent and Administrative Borrower (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of AgentAgent and the Loan Parties, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Samples: Credit Agreement (Neophotonics Corp)
Exemptions. (aea) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) and the Administrative Borrower on behalf of all Borrowers one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (aj) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:
Appears in 1 contract
Exemptions. (a) If a Lender or Participant is entitled to claim an exemption or reduction from United States withholding tax, such Lender or Participant agrees with and in favor of Agent, to deliver to Agent upon a request by Agent with respect thereto (or, in the case of a Participant, to the Lender granting the participation only) one of the following before receiving its first payment under this Agreement:: 074658.16087/130783594v.4
Appears in 1 contract