Foreign Withholding Sample Clauses
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Foreign Withholding. Notwithstanding any provision of this Agreement to the contrary, the Board of Managers shall withhold and pay over to the Internal Revenue Service, pursuant to Section 1441, 1442, 1445 or 1446 of the Code, or any successor provisions, at such times as required by such Sections, such amounts as the Company is required to withhold under such Sections, as from time to time are in effect. To the extent that a foreign Member claims to be entitled to a reduced rate of, or exemption from, U.S. withholding tax pursuant to an applicable income tax treaty, or otherwise, the foreign Member shall furnish the Board of Managers with such information and forms as such foreign Member may be required to complete where necessary to comply with any and all laws and regulations governing the obligations of withholding tax agents. Each foreign Member represents and warrants that any such information and forms furnished by such foreign Member shall be true and accurate and agrees to indemnify the Company and each of the Members from any and all damages, costs and expenses resulting from the filing of inaccurate or incomplete information or forms relating to such withholding taxes. Any amount of withholding taxes withheld and paid over by the Board of Managers with respect to a foreign Member's distributive share of the Company's gross income, income or gain shall be treated as a distribution to such foreign Member and shall be charged against the Capital Account of such foreign Member. --------------------------
Foreign Withholding. On or before the Assignment Effective Date, Assignee shall comply with the provisions of Section 13.13(e) of the Loan Agreement.
Foreign Withholding. (a) Assignee represents and warrants to Administrative Lender, Borrowers and Assignor that, under applicable law and treaties, Assignee is entitled to receive all payments under the Loan Documents and this Agreement payable to it, without deduction or withholding of any taxes imposed by the United States or any political subdivision thereof.
(b) On or before the Assignment Effective Date, Assignee shall deliver to each of Borrowers’ Agent and Administrative Lender two executed copies of valid and properly completed: (i) United States Internal Revenue Service Form 1001 or 4224 certifying that Assignee is entitled to receive payments under the Credit Agreement and the Loan Documents payable to it, without deduction or withholding of any United States federal income taxes; or (ii) Internal Revenue Service Form W-8 or W-9 establishing an exemption from United States backup withholding tax. If any such form is found to be incomplete or incorrect, or must be replaced (on the same or a successor form) in order to maintain its effectiveness, Assignee shall execute and deliver to each of Borrowers’ Agent and Administrative Lender two executed copies of a valid, complete and correct replacement form.]
Foreign Withholding. On or before the Assignment Effective Date, Assignee shall comply with the provisions of Section 2.4(k) of the Credit Agreement.](1) ----------
(1) Include only if Assignee is a foreign institution.
Foreign Withholding. On or before the Effective Date, Additional Lender shall comply with the provisions of Subparagraph 2.12(b)
Foreign Withholding. Assignee represents and warrants to Administrative Lender, Borrower and Assignor that, under applicable law and treaties, Assignee is entitled to receive all payments under the Loan Documents and this Agreement payable to it, without deduction or withholding of any taxes imposed by the United States or any political subdivision thereof.
Foreign Withholding. If the New Bank is organized under the ------------------- laws of any jurisdiction other than the United States or any state or other political subdivision thereof (a) it represents and warrants to the Payments Administrator and the Borrower that under applicable law and treaties no taxes will be required to be withheld by the Payments Administrator or the Borrower with respect to any payments to be made to New Bank in respect of the Loans and (b) it agrees that it will (i) furnish the Payments Administrator and the Borrower, concurrently with the execution of this Agreement, either U.S. Internal Revenue Service Form 4224, U.S. Internal Revenue Service Form 1001 or U.S. Internal Revenue Service Form W-9 (wherein New Bank claims entitlement to complete exemption from U.S. federal withholding tax on all payments under the Credit Agreement) and, upon the expiration or obsolescence of any previously delivered form, with a new U.S. Internal Revenue Service Form 4224, Form 1001 or Form W-9 and comparable statements in accordance with applicable U.S. laws and regulations and amendments duly executed and completed by New Bank and (ii) comply from time to time with all applicable U.S. laws and regulations with regard to the aforementioned withholding tax exemption.]
Foreign Withholding. (*)
(a) Assignee represents and warrants to Agent, Borrower and Assignor that, under applicable law and treaties, Assignee is entitled to receive all payments under the Credit Agreement, the Loan Documents and this Agreement payable to it as provided herein, without deduction or withholding of any taxes imposed by the United States or any political subdivision thereof.
(b) On or before the Assignment Effective Date, Assignee shall deliver to each of Borrower and Agent two executed copies of valid and properly completed: (i) United States Internal Revenue Service Form 1001 or 4224 certifying -------- * Include Section 11 only if Assignee is a foreign institution. 107 that Assignee is entitled to receive payments under the Credit Agreement and the Loan Documents payable to it, without deduction or withholding of any United States federal income taxes; and (ii) Internal Revenue Service Form W-8 or W-9 establishing an exemption from United States backup withholding tax. If any such form is found to be incomplete or incorrect, or must be replaced (on the same or a successor form) in order to maintain its effectiveness, Assignee shall execute and deliver to each of Borrower and Agent two executed copies of a valid, complete and correct replacement form.
Foreign Withholding. If required under the Internal Revenue Code or otherwise by the IRS, the Manager is authorized to withhold cash and property distributable to a Member, and to pay over such amount to the IRS to satisfy any withholding requirements imposed upon such Member, or the Company with respect to such Member. If, at the time such amount should be paid over to the IRS, the Company does not have Cash Flow otherwise distributable to such Member from which it can withhold and pay to the IRS the required amounts, then the subject Member shall contribute, and shall be personally obligated to contribute, all amounts necessary for the Company to satisfy its obligations to the IRS.
Foreign Withholding. If the Assignee is organized under the laws of any jurisdiction other than the United States or any state or other political subdivision thereof (a) it represents and warrants to the Administrative Agent and the Borrower that under applicable law and treaties no taxes will be required to be withheld by the Administrative Agent or the Borrower with respect to any payments to be made to Assignee in respect of the Loans and (b) it agrees that it will (i) furnish the Administrative Agent and the Borrower, concurrently with the execution of this Assignment Agreement, either U.S. Internal Revenue Service Form 4224 or U.S. Internal Revenue Service Form 1001 (wherein Assignee claims entitlement to complete exemption from U.S. federal withholding tax on all payments under the Credit Agreement) and, upon the expiration or obsolescence of any previously delivered form, with a new U.S. Internal Revenue Service Form 4224 or Form 1001 and comparable statements in accordance with applicable U.S. laws and regulations and amendments duly executed and completed by Assignee and (ii) comply from time to time with all applicable U.S. laws and regulations with regard to the aforementioned withholding tax exemption.