HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Assignment Agreement or Increase Confirmation. (b) Where a New Lender or Increase Lender includes the indication described in paragraph (a) above in the relevant Transfer Certificate or Assignment Agreement or Increase Confirmation: (i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and (ii) each Borrower which becomes a Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 2 contracts
Samples: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender, Increase Lender, Additional Increase Lender or an Increase Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) that, in each case, is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Additional Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Additional Increase Confirmation, or in the case of such an Ancillary Lender shall include an indication to that effect in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders).
(b) Where a New Lender, Increase Lender, Additional Increase Lender or Increase Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) includes the indication described in paragraph (a) above in the relevant Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement Additional Increase Confirmation or Increase Confirmation:(as relevant) in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders):
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Additional Increase Confirmation takes effect or the date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) shall, to the extent that that New Lender, Increase Lender or Additional Increase Lender becomes a Lender under a Facility which is made available to that Borrower pursuant to Clause 2.1 (The Facility), or to the extent that that Ancillary Lender becomes party to an Ancillary Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect or that date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Additional Increase Confirmation takes effect or the date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) shall, to the extent that that New Lender, Increase Lender or Additional Increase Lender is a Lender under a Facility which is made available to that Additional Borrower pursuant to Clause 2.1 (The Facility), or to the extent that that Ancillary Lender becomes party to an Ancillary Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or Increase Lender includes the indication described in paragraph (a) above in the relevant Transfer Certificate or Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that Additional Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 2 contracts
Samples: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender, Increase Lender or an Increase Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) that, in each case, is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation, or in the case of such an Ancillary Lender shall include an indication to that effect in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders).
(b) Where a New Lender, Increase Lender or Increase Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) includes the indication described in paragraph (a) above in the relevant Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation:Confirmation or (as relevant) in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders):
(i) each UK Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect or the date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) shall, to the extent that that New Lender or Increase Lender becomes a Lender under a Facility which is made available to that Borrower pursuant to Clause 2.1 (The Facility), or to the extent that that Ancillary Lender becomes party to an Ancillary Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect or that date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which is a UK Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect or the date on which the Ancillary Lender becomes party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders) shall, to the extent that that the New Lender or Increase Lender is a Lender under a Facility which is made available to that Additional Borrower pursuant to Clause 2.1 (The Facility), or to the extent that that Ancillary Lender becomes party to an Ancillary Facility which is made available to that Borrower, file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (aclause 17.7(a) above in the relevant Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that BorrowerBorrower pursuant to clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that BorrowerAdditional Borrower pursuant to clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or Increase Lender includes the indication described in paragraph (a) above in the relevant Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date Date, or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shalleffect, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that Borrower, shall file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date Date, or that the date on which the increase in Total Commitments takes effect effect, and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date Date, or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shalleffect, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that Borrower, shall file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication a confirmation to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication confirmation described in paragraph (a) above in the relevant Transfer Certificate or Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the a Facility which is made available to that BorrowerBorrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the a Facility which is made available to that BorrowerAdditional Borrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/)
HMRC DT Treaty Passport scheme confirmation. (a) 16.6.1 A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which then wishes that scheme to apply to any UK Obligor under this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Assignment Agreement or Increase Confirmation.
(b) 16.6.2 Where a New Lender or an Increase Lender includes the indication described in paragraph (a) above Clause 16.6.1 in the relevant Transfer Certificate or Assignment Agreement or Increase Confirmation:Confirmation:-
(ia) each UK Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, shall to the extent that that New Lender or Increase Lender becomes a Lender under the a Facility which is made available to that BorrowerBorrower pursuant to Clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(iib) each Additional UK Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the a Facility which is made available to that BorrowerAdditional Borrower pursuant to Clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
Samples: Multicurrency Facility Agreement (Gulfmark Offshore Inc)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (a) above in the relevant Transfer Certificate or Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that BorrowerBorrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that BorrowerAdditional Borrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
(c) The obligations in paragraph (i) of clause 13.2 (Tax gross up) and paragraph (b) of this clause 13.5 (HMRC DT Treaty Passport scheme confirmation) shall apply to a Borrower which is resident in the United Kingdom for tax purposes.
Appears in 1 contract
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (aclause 17.7(a) above in the relevant Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the a Facility which is made available to that BorrowerBorrower pursuant to clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the a Facility which is made available to that BorrowerAdditional Borrower pursuant to clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation or Uncommitted Accordion Facility Commitment Notice which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Increase ConfirmationUncommitted Accordion Facility Commitment Notice.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (aclause 17.7(a) above in the relevant Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Increase ConfirmationUncommitted Accordion Facility Commitment Notice:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Uncommitted Accordion Facility Commitment Notice takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that BorrowerBorrower pursuant to clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Uncommitted Accordion Facility Commitment Notice takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that BorrowerAdditional Borrower pursuant to clause 2.1 (The Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication indication, to that effect (effect, for the benefit of the Facility Agent and without liability to any Obligor) , in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (a) above in the relevant Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation and the Agent has complied with its obligations under Clause 24.7 (Copy of Transfer Certificate, Assignment Agreement or Increase Confirmation to the Company) with respect to the relevant Transfer Certificate, Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the a Facility which is made available to that BorrowerBorrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs HMRC within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect (or within such other period as required under the HMRC DT Treaty Passport scheme) and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the a Facility which is made available to that BorrowerAdditional Borrower pursuant to Clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs HMRC within 30 days of becoming a an Additional Borrower (or within such other period as required under the HMRC DT Treaty Passport scheme) and shall promptly provide the Lender with a copy of that filing.
(c) If a Lender has not included an indication to the effect that it wishes the HMRC DT Treaty Passport scheme to apply to this Agreement in accordance with paragraph (a) of this Clause 13.6, no Obligor shall file any form relating to the HMRC DT Treaty Passport scheme in respect of that Lender’s Commitment(s) or its participation in any Utilisation.
Appears in 1 contract
Samples: Facility Agreement (Best Buy Co Inc)
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation or Uncommitted Accordion Facility Commitment Notice which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Increase ConfirmationUncommitted Accordion Facility Commitment Notice.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (aclause 17.7(a) above in the relevant Transfer Certificate Certificate, Assignment Agreement, Increase Confirmation or Assignment Agreement or Increase ConfirmationUncommitted Accordion Facility Commitment Notice:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Uncommitted Accordion Facility Commitment Notice takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that BorrowerBorrower pursuant to clause 2.1 (Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation or Uncommitted Accordion Facility Commitment Notice takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that BorrowerAdditional Borrower pursuant to clause 2.1 (Facilities), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
HMRC DT Treaty Passport scheme confirmation. (a) A New Lender or an Increase Lender that is a Treaty Lender that holds a passport under the HMRC DT Treaty Passport scheme, and which wishes that scheme to apply to this Agreement, shall include an indication to that effect (for the benefit of the Facility Agent and without liability to any Obligor) in the Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation.
(b) Where a New Lender or an Increase Lender includes the indication described in paragraph (aclause 14.6(a) above in the relevant Transfer Certificate or Certificate, Assignment Agreement or Increase Confirmation:
(i) each Borrower which is a Party as a Borrower as at the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender becomes a Lender under the Facility which is made available to that BorrowerBorrower pursuant to clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of that Transfer Date or that date on which the increase in Total Commitments takes effect and shall promptly provide the Lender with a copy of that filing; and
(ii) each Additional Borrower which becomes a an Additional Borrower after the relevant Transfer Date or the date on which the increase in Total Commitments described in the relevant Increase Confirmation takes effect shall, to the extent that that New Lender or Increase Lender is a Lender under the Facility which is made available to that BorrowerAdditional Borrower pursuant to clause 2.1 (The Facility), file a duly completed form DTTP2 in respect of such Lender with HM Revenue & Customs within 30 days of becoming a an Additional Borrower and shall promptly provide the Lender with a copy of that filing.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)