Forms for Borrower. Each Funding Agent (including any new, successor, or replacement Funding Agent) shall deliver to the Borrower on or before the first Payment Date (or, in the case of any new, successor, or replacement Funding Agent, on or prior to the date on which such person becomes a Funding Agent), executed originals of Internal Revenue Service Form W-9 or applicable W-8 (or, in each case, any successor form), as applicable, certifying that such Funding Agent is exempt from U.S. federal backup withholding tax. (i) On or before the date that Agent (and any successor or replacement Agent) becomes the Agent hereunder, it shall deliver to the Borrower executed originals of either (x) if the Agent is a U.S. Person, Internal Revenue Service Form W-9 (or any successor form) or (y) if the Agent is not a U.S. Person, a U.S. branch or territory financial institution (as applicable) withholding certificate on Internal Revenue Service Form W-8IMY (or any successor form) evidencing its agreement with the Borrower to be treated as a U.S. Person (with respect to amounts received on account of any Recipient) and Internal Revenue Service Form W-8ECI (or any successor form) (with respect to amounts received on its own account, if any), with the effect that, in any case, the Borrower will be entitled to make payments hereunder to the Agent without withholding or deduction on account of U.S. federal withholding Tax. Each of the Agent and Funding Agents, as applicable, shall, if any form or certification it previously delivered under this Section 2.15(H) expires or becomes obsolete or inaccurate in any respect, deliver promptly to the Borrower the updated or other appropriate documentation (including any new documentation reasonably requested by the Borrower) or promptly notify the Borrower in writing of its legal inability to do so.
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Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
Forms for Borrower. Each Funding Agent (including any new, successor, or replacement Funding Agent) shall deliver to the Borrower on or before the first Payment Date (or, in the case of any new, successor, or replacement Funding Agent, on or prior to the date on which such person becomes a Funding Agent), executed originals of Internal Revenue Service Form W-9 or applicable W-8 (or, in each case, any successor form), as applicable, certifying that such Funding Agent is exempt from U.S. federal backup withholding tax.
(i) On or before the date that Agent (and any successor or replacement Agent) becomes the Agent hereunder, it shall deliver to the Borrower executed originals of either (x) if the Agent is a U.S. Person, Internal Revenue Service Form W-9 (or any successor form) or (y) if the Agent is not a U.S. Person, a U.S. branch or territory financial institution (as applicable) withholding certificate on Internal Revenue Service Form W-8IMY (or any successor form) evidencing its agreement with the Borrower to be treated as a U.S. Person (with respect to amounts received on account of any Recipient) and Internal Revenue Service Form W-8ECI (or any successor form) (with respect to amounts received on its own account, if any), with the effect that, in any case, the Borrower will be entitled to make payments hereunder to the Agent without withholding or deduction on account of U.S. federal withholding Tax. Each of the Agent and Funding Agents, as applicable, shall, if any form or certification it previously delivered under this Section 2.15(H) expires or becomes obsolete or inaccurate in any respect, deliver promptly to the Borrower the updated or other appropriate documentation (including any new documentation reasonably requested by the Borrower) or promptly notify the Borrower in writing of its legal inability to do so. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.
Appears in 1 contract
Samples: Credit Agreement (Sunnova Energy International Inc.)