Common use of Failure to Provide Tax Forms and Certificates Clause in Contracts

Failure to Provide Tax Forms and Certificates. For any period with respect to which a Lender has failed to provide the Borrower and the Agent with the appropriate form or certificate in the manner and as prescribed by Section 3.01(d) (unless such failure is due to a change in treaty, law or regulation occurring subsequent to the date on which a form originally was required to be provided), neither such Lender nor any related Protected Party shall be entitled to indemnification under Section 3.01(a) or 3.01(b) with respect to Taxes imposed by the United States or any political subdivision therein as a result of such failure; provided, however, that should a Protected Party, which is otherwise exempt from or subject to a reduced rate of withholding tax, become subject to Taxes because of its or any related Lender’s failure to deliver a form required to be delivered hereunder, the Borrower shall take such steps as such Lender or Protected Party shall reasonably request at such Protected Party’s cost to assist such Protected Party to recover such Taxes.

Failure to Provide Tax Forms and Certificates. For any period with respect to which a Lender has failed to provide the Borrower and the Agent with the appropriate form or certificate in the manner and as prescribed by Section 3.01(d) (unless such failure is due to a change in treaty, law or regulation occurring subsequent to the date on which a form originally was required to be provided), neither such Lender nor any related Tax Protected Party shall be entitled to indemnification additional amounts under Section 3.01(a) or indemnification under Section 3.01(b) with respect to Taxes imposed by the United States or any political subdivision therein as a result of such failure; providedprovided , howeverhowever , that should a Tax Protected Party, which is otherwise exempt from or subject to a reduced rate of withholding tax, become subject to Taxes because of its or any related Lender’s failure to deliver a form required to be delivered hereunder, the Borrower shall take such steps as such Lender or Tax Protected Party shall reasonably request at such Tax Protected Party’s cost to assist such Tax Protected Party to recover such Taxes.

Failure to Provide Tax Forms and Certificates. For any period with respect to which a Lender has failed to provide the Borrower and the Agent with the appropriate form or certificate in the manner and as prescribed by Section 3.01(d) (unless such failure is due to a change in treaty, law or regulation occurring subsequent to the date on which a form originally was required to be provided), neither such Lender nor any related Tax Protected Party shall be entitled to indemnification additional amounts under Section 3.01(a) or indemnification under Section 3.01(b) with respect to Taxes imposed by the United States or any political subdivision therein as a result of such failure; provided, however, that should a Tax Protected Party, which is otherwise exempt from or subject to a reduced rate of withholding tax, become subject to Taxes because of its or any related Lender’s failure to deliver a form required to be delivered hereunder, the Borrower shall take such steps as such Lender or Tax Protected Party shall reasonably request at such Tax Protected Party’s cost to assist such Tax Protected Party to recover such Taxes.

Failure to Provide Tax Forms and Certificates. For any period with respect to which a Lender has failed to provide the Borrower and the Agent with the appropriate form or certificate in the manner and as prescribed by Section 3.01(d) (unless such failure is due to a change in treaty, law or regulation occurring subsequent to the date on which a form originally was required to be provided), neither such Lender nor any related Protected Party shall be entitled to indemnification under Section 3.01(a) or 3.01(b3.01(c) with respect to Taxes imposed by the United States or any political subdivision therein as a result of such failure; provided, however, that should a Protected Party, which is otherwise exempt from or subject to a reduced rate of withholding tax, become subject to Taxes because of its or any related Lender’s 's failure to deliver a form required to be delivered hereunder, the Borrower shall take such steps as such Lender or Protected Party shall reasonably request at such Protected Party’s 's cost to assist such Protected Party to recover such Taxes.

Failure to Provide Tax Forms and Certificates. For any period with respect to which a Lender has failed to provide the Borrower and the Agent with the appropriate form or certificate in the manner and as prescribed by Section 3.01(d) (unless such failure is due to a change in treaty, law or regulation occurring subsequent to the date on which a form originally was required to be provided), neither such Lender nor any related Protected Party shall be entitled to indemnification under Section 3.01(a) or 3.01(b) with respect to Taxes imposed by the United States or any political subdivision therein as a result of such failure; provided, however, that should a Protected Party, which is otherwise exempt from or subject to a reduced rate of withholding tax, become subject to Taxes because of its or any related Lender’s 's failure to deliver a form required to be delivered hereunder, the Borrower shall take such steps as such Lender or Protected Party shall reasonably request at such Protected Party’s 's cost to assist such Protected Party to recover such Taxes.