Common use of Federal Income Tax Credits Clause in Contracts

Federal Income Tax Credits. (a) If any Lender obtains the benefit of a credit against its liability for federal income taxes imposed by the United States of America for all or part of the Taxes as to which the Borrowers have paid additional amounts as aforesaid then such Lender shall reimburse the Borrowers for the amount of the credit so obtained; (b) each of the Lenders that is not a United States Person (as such term is defined in Section 7701(a)(30) of the Code) shall, on or prior to the initial Drawdown Date (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrowers with two duly completed copies of Internal Revenue Service Form W-8BEN or W-8ECI, as appropriate, or any successor form prescribed by the Internal Revenue Service, certifying that such Lender is entitled to benefits under an income tax treaty to which the United States is a party that exempts withholding tax on payments under this Agreement or the other Transaction Documents or certifying that the income receivable by it pursuant to this Agreement or the other Transaction Documents is effectively connected with the conduct of a trade or business in the United States; (c) for any period with respect to which a Lender that is not a United States Person has failed to provide the Borrowers with the appropriate forms described in clause (b) above (other than if such failure is due to a change in law occurring after the date on which such person was originally required to provide such forms, or if such forms are otherwise not required under clause (b) above), such Lender shall not be entitled to payment of additional amounts under Section 6.1 with respect to Federal Taxes imposed by the United States; provided, however, that should a Lender become subject to Taxes because of its failure to deliver a form required hereunder, the Borrowers at such Lender's expense shall take such steps as such Lender shall reasonably request to assist such Lender to recover such Taxes if, in the judgment of the Borrowers such steps would avoid the need for, or reduce the amount of, any Taxes required to be deducted from or in respect of any sum payable hereunder to such Lender and would not, in the judgment of the Borrowers, be disadvantageous to the Borrowers.

Federal Income Tax Credits. (a) If any Lender obtains the benefit of a credit against its liability for federal income taxes imposed by the United States of America America, or any income taxes imposed by another jurisdiction, for all or part of the Taxes as to which the Borrowers have Borrower has paid additional amounts as aforesaid then such Lender shall reimburse the Borrowers Borrower for the amount of the credit so obtained; (b) each of the Lenders that is not a United States Person (as such term is defined in Section 7701(a)(307701(a)(3) of the Code) shall, on or prior to the initial Drawdown Date making of the Initial Advance (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrowers Borrower with two duly completed copies of Internal Revenue Service Form W-9, as appropriate, or any successor for prescribed by the Internal Revenue Service, certifying that the Lender is not subject to backup withholding, (c) each of the Lenders that is not a United States Person (as such term is defined in Section 7701(a)(30) of the Code) shall, on or prior to the making of the Initial Advance (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrower with two duly completed copies of Internal Revenue Service Form W-8BEN or W-8ECI, as appropriate, or any successor form prescribed by the Internal Revenue Service, certifying that such Lender is entitled to benefits under an income tax treaty to which the United States of America is a party that exempts withholding tax on payments under this Agreement or the other Transaction Documents or certifying that the income receivable by it pursuant to this Agreement or the other Transaction Documents is effectively connected with the conduct of a trade or business in the United StatesStates of America; (cd) each of the Lenders that is not a United States Person (as such term is defined in Section 7701(a)(3) of the Code) and is claiming the benefits of the exemption for portfolio interest under Section 881(c) of the Code shall, on or prior to the making of the Initial Advance (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide (x) a certificate to the effect that the Lender is not (A) a “bank” within the meaning of Section 881(c)(3)(A) of the Code, (B) a “10 percent shareholder” within the meaning of Section 881(c)(3)(B) of the Code, or (C) a “controlled foreign corporation” described in Section 881(c)(3)(C) of the Code and (y) two duly completed copies of Internal Revenue Service Form W-8BEN. (e) for any period with respect to which a Lender that is not a United States Person has failed to provide the Borrowers Borrower with the appropriate forms described in clause (bc) or (d) above (other than if such failure is due to a change in law occurring after the date on which such person was originally required to provide such forms, or if such forms are otherwise not required under clause (bc) or (d) above), such Lender shall not be entitled to payment of additional amounts under Section 6.1 with respect to Federal Taxes imposed by the United StatesStates of America; provided, however, that should a Lender become subject to Taxes because of its failure to deliver a form required hereunder, the Borrowers Borrower at such Lender's ’s expense shall take such steps as such Lender shall reasonably request to assist such Lender to recover such Taxes if, in the judgment of the Borrowers such steps would avoid the need for, or reduce the amount of, any Taxes required to be deducted from or in respect of any sum payable hereunder to such Lender and would not, in the judgment of the Borrowers, be disadvantageous to the BorrowersTaxes.

Federal Income Tax Credits. (a) If any Lender Bank obtains the benefit of a credit against its liability for federal income taxes imposed by the United States of America for all or part of the Taxes as to which the Borrowers have paid additional amounts as aforesaid then such Lender Bank shall reimburse the Borrowers for the amount of the credit so obtained; (b) each of the Lenders Banks that is not a United States Person (as such term is defined in Section 7701(a)(30) of the Code) shall, on or prior to the initial first Drawdown Date (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrowers with two duly completed copies of Internal Revenue Service Form W-8BEN 1001 or W-8ECI4224, as appropriate, or any successor form prescribed by the Internal Revenue Service, certifying that such Lender Bank is entitled to benefits under an income tax treaty to which the United States is a party that exempts withholding tax on payments under this Agreement or the other Transaction Documents Notes or certifying that the income receivable by it pursuant to this Agreement or the other Transaction Documents Notes is effectively connected with the conduct of a trade or business in the United States; (c) for any period with respect to which a Lender Bank that is not a United States Person has failed to provide the Borrowers with the appropriate forms described in clause (b) above (other than if such failure is due to a change in law occurring after the date on which such person was originally required to provide such forms, or if such forms are otherwise not required under clause (b) above), such Lender Bank shall not be entitled to payment of additional amounts under Section 6.1 above with respect to Federal Taxes imposed by the United States; provided, however, that should a Lender Bank become subject to Taxes because of its failure to deliver a form required hereunder, the Borrowers at such Lender's expense shall take such steps as such Lender Bank shall reasonably request to assist such Lender Bank to recover such Taxes if, in the judgment of the Borrowers such steps would avoid the need for, or reduce the amount of, any Taxes required to be deducted from or in respect of any sum payable hereunder to such Lender Bank and would not, in the judgment of the Borrowers, be disadvantageous to the Borrowers.

Federal Income Tax Credits. (a) If any Lender Bank obtains the benefit of a credit against its liability for federal income taxes imposed by the United States of America for all or part of the Taxes as to which the Borrowers have paid additional amounts as aforesaid then such Lender Bank shall reimburse the Borrowers for the amount of the credit so obtained; (b) each of the Lenders Banks that is not a United States Person (as such term is defined in Section 7701(a)(30) of the Code) shall, on or prior to the initial first Drawdown Date (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrowers with two duly completed copies of Internal Revenue Service Form W-8BEN 1001 or W-8ECI4224, as appropriate, or any successor form prescribed by the Internal Revenue Service, certifying that such Lender Bank is entitled to benefits under an income tax treaty to which the United States is a party that exempts withholding tax on payments under this Agreement or the other Transaction Documents Notes or certifying that the income receivable by it pursuant to this Agreement or the other Transaction Documents Notes is effectively connected with the conduct of a trade or business in the United States; (c) for any period with respect to which a Lender Bank that is not a United States Person has failed to provide the Borrowers with the appropriate forms described in clause (b) above (other than if such failure is due to a change in law occurring after the date on which such person was originally required to provide such forms, or if such forms are otherwise not required under clause (b) above), such Lender Bank shall not be entitled to payment of additional amounts under Section 6.1 with respect to Federal Taxes imposed by the United States; provided, however, that should a Lender Bank become subject to Taxes because of its failure to deliver a form required hereunder, the Borrowers at such Lender's expense shall take such steps as such Lender Bank shall reasonably request to assist such Lender Bank to recover such Taxes if, in the judgment of the Borrowers such steps would avoid the need for, or reduce the amount of, any Taxes required to be deducted from or in respect of any sum payable hereunder to such Lender Bank and would not, in the judgment of the Borrowers, be disadvantageous to the Borrowers. 6.3.

Federal Income Tax Credits. (a) If any Lender obtains the benefit of a credit against its liability for federal income taxes imposed by the United States of America America, or any income taxes imposed by another jurisdiction, for all or part of the Taxes as to which the Borrowers have Borrower has paid additional amounts as aforesaid then such Lender shall reimburse the Borrowers Borrower for the amount of the credit so obtained; (b) each of the Lenders that is not a United States Person (as such term is defined in Section 7701(a)(30) of the Code) shall, on or prior to the initial Drawdown Date making of the Initial Advance (and in the case of an assignee, on or prior to the effective date of the relevant assignment) and from time to time thereafter when required by applicable provisions of the Code, provide the Borrowers Borrower with two duly completed copies of Internal Revenue Service Form W-8BEN or W-8ECI, as appropriate, or any successor form prescribed by the Internal Revenue Service, certifying that such Lender is entitled to benefits under an income tax treaty to which the United States of America is a party that exempts withholding tax on payments under this Agreement or the other Transaction Documents or certifying that the income receivable by it pursuant to this Agreement or the other Transaction Documents is effectively connected with the conduct of a trade or business in the United StatesStates of America; (c) for any period with respect to which a Lender that is not a United States Person has failed to provide the Borrowers Borrower with the appropriate forms described in clause (b) above (other than if such failure is due to a change in law occurring after the date on which such person was originally required to provide such forms, or if such forms are otherwise not required under clause (b) above), such Lender shall not be entitled to payment of additional amounts under Section 6.1 with respect to Federal Taxes imposed by the United StatesStates of America; provided, however, that should a Lender become subject to Taxes because of its failure to deliver a form required hereunder, the Borrowers Borrower at such Lender's ’s expense shall take such steps as such Lender shall reasonably request to assist such Lender to recover such Taxes if, in the judgment of the Borrowers such steps would avoid the need for, or reduce the amount of, any Taxes required to be deducted from or in respect of any sum payable hereunder to such Lender and would not, in the judgment of the Borrowers, be disadvantageous to the BorrowersTaxes.