Common use of Foreign Lender Certifications Clause in Contracts

Foreign Lender Certifications. Each Lender that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Company and the Administrative Agent (i) two duly completed copies of United States Internal Revenue Service Form 1001 or 4224 or successor applicable form, as the case may be, or other manner of certification, establishing that payments of interest hereunder are either not subject to or totally exempt from United States Federal withholding tax and (ii) an Internal Revenue Service Form W-8 or W-9 or successor applicable form. Each such Lender also agrees to deliver to the Company and the Administrative Agent two further copies of the said Form 1001 or 4224 and Form W-8 or W-9, or successor applicable forms or other manner of certification, as the case may be, on or before the date that any such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form previously delivered by such Lender to the Company, and such extensions or renewals thereof as may reasonably be requested by the Company or the Administrative Agent, unless in any such case an event (including, without limitation, any change in treaty, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Lender from duly completing and delivering any such form with respect to it and such Lender so advises the Company and the Administrative Agent. Such Lender shall certify (i) in the case of a Form 1001 or 4224, that it is entitled to receive payments under this Agreement without deduction or withholding of any United States federal income taxes and (ii) in the case of a Form W-8 or W-9, that it is entitled to an exemption from United States backup withholding tax.

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)

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Foreign Lender Certifications. Each Lender that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Company Borrowers and the Administrative Agent (i1) two duly completed copies of the United States Internal Revenue Service Form 1001 W-8ECI or 4224 W-8BEN or successor applicable form, as the case may be, or other manner of certification, establishing that payments of interest hereunder are either not subject to or totally exempt from United States Federal withholding tax and (ii2) an Internal Revenue Service Form W-8 or W-9 or successor applicable form. Each such Lender also agrees to deliver to the Company Borrowers and the Administrative Agent two further copies of the said Form 1001 W-8ECI or 4224 W-8BEN and Form W-8 or W-9, or successor applicable forms or other manner of certification, as the case may be, on or before the date that any such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form previously delivered by such Lender to the CompanyBorrowers and the Administrative Agent, and such extensions or renewals thereof as may reasonably be requested by the Company Borrowers or the Administrative Agent, unless in any such case an event (including, without limitation, any change in treaty, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Lender from duly completing and delivering any such form with respect to it and such Lender so advises each of the Company Borrowers and the Administrative Agent. Such Lender shall certify (i1) in the case of a Form 1001 W-8ECI or 4224W-8BEN, that it is entitled to receive payments under this Agreement without deduction or withholding of any United States federal income taxes and (ii2) in the case of a Form W-8 or W-9, that it is entitled to an exemption from United States backup withholding withhold tax.

Appears in 1 contract

Samples: Credit Agreement (American Home Mortgage Investment Corp)

Foreign Lender Certifications. Each Lender that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Company and the Administrative Agent (i) two duly completed copies of United States Internal Revenue Service Form 1001 or 4224 or successor applicable form, as the case may be, or other manner of certification, establishing that payments of interest hereunder are either not subject to or totally exempt from United States Federal withholding tax and (ii) an Internal Revenue Service Form W-8 or W-9 or successor applicable form. Each such Lender also agrees to deliver to the Company and the Administrative Agent two further copies of the said Form 1001 or 4224 and Form W-8 or W-9, or successor applicable forms or other manner of certification, as the case may be, on or before the date that any such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form previously delivered by such Lender to the Company, and such extensions or renewals thereof as may reasonably be requested by the Company or the Administrative Agent, unless in any such case an event (including, without limitation, any change in treaty, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Lender from duly completing and delivering any such form with respect to it and such Lender so advises the Company and the Administrative Agent. Such Lender shall certify (i) in the case of a Form 1001 or 4224, that it is entitled to receive payments under this Agreement without deduction or withholding of any United States federal income taxes and (ii) in the case of a Form W-8 or W-9, that it is entitled to an exemption from United States backup withholding tax.and

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)

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Foreign Lender Certifications. Each Lender that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Company Borrowers and the Administrative Agent (i1) two duly completed copies of the United States Internal Revenue Service Form 1001 W-8ECI or 4224 W-8BEN or successor applicable form, as the case may be, or other manner of certification, establishing that payments of interest hereunder are either not subject to or totally exempt from United States Federal withholding tax and (ii2) an Internal Revenue Service Form W-8 or W-9 or successor applicable form. Each such Lender also agrees to deliver to the Company Borrowers and the Administrative Agent two further copies of the said Form 1001 W-8ECI or 4224 W-8BEN and Form W-8 or W-9, or successor applicable forms or other manner of certification, as the case may be, on or before the date that any such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form previously delivered by such Lender to the CompanyBorrowers and the Administrative Agent, and such extensions or renewals thereof as may reasonably be requested by the Company Borrowers or the Second Amended and Restated Credit Agreement Administrative Agent, unless in any such case an event (including, without limitation, any change in treaty, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Lender from duly completing and delivering any such form with respect to it and such Lender so advises each of the Company Borrowers and the Administrative Agent. Such Lender shall certify (i1) in the case of a Form 1001 W-8ECI or 4224W-8BEN, that it is entitled to receive payments under this Agreement without deduction or withholding of any United States federal income taxes and (ii2) in the case of a Form W-8 or W-9, that it is entitled to an exemption from United States backup withholding withhold tax.

Appears in 1 contract

Samples: Credit Agreement (American Home Mortgage Investment Corp)

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