Common use of HMRC DT Treaty Passport scheme confirmation Clause in Contracts

HMRC DT Treaty Passport scheme confirmation. (a) A New Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders) 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 which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate. (b) Where a New Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders) includes the indication described in paragraph (a) above in the relevant Transfer Certificate: (i) each Borrower which is a Borrower as at the relevant Transfer Date (as defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)) shall, to the extent that that New Lender becomes a Lender under a Facility which is made available to that Borrower pursuant to Clause 2.1 (Facility), file a duly completed form DTTP2 in respect of such Lender with HMRC within 30 days of that Transfer Date and shall promptly provide the Lender with a copy of that filing; and (ii) each Additional Borrower which becomes an Additional Borrower after the relevant Transfer Date (as defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)) shall, to the extent that that New Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders)) is a Lender under a Facility which is made available to that Additional Borrower pursuant to Clause 2.1 (Facility), file a duly completed form DTTP2 in respect of such Lender with HMRC within 30 days of becoming an Additional Borrower and shall promptly provide the Lender with a copy of that filing.

HMRC DT Treaty Passport scheme confirmation. (a) A New Lender, Increase Lender, Additional Increase Lender or Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as defined in Clause 29.1 (Assignments and transfers by Ancillary Lenders) that 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 Additional Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation, or in the case of such an Ancillary Lender shall include an indication to that effect (for the benefit of the Agent and without liability to any Obligor) in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders). (b) Where a New Lender, Increase Lender, Additional Increase Lender or Ancillary Lender becoming party to this Agreement in accordance with Clause 7.9 (Affiliates of Lenders as defined in Clause 29.1 (Assignments and transfers by Ancillary Lenders) includes the indication described in paragraph (a) above in the relevant Transfer Certificate:, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation or (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 defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)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 HMRC 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 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 defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)Ancillary Lenders) shall, to the extent that that New Lender, Increase Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders)) 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 HMRC HM Revenue & Customs within 30 days of becoming an Additional Borrower and shall promptly provide the Lender with a copy of that filing.

HMRC DT Treaty Passport scheme confirmation. (a) A New Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders) or 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 Increase Confirmation which it executes by including its scheme reference number and its jurisdiction of tax residence in that Transfer CertificateCertificate or Increase Confirmation. (b) Where a New Lender (as defined or Increase Lender satisfies the requirements set out in Clause 29.1 (Assignments and transfers by Lenders) includes the indication described in paragraph (a) above in the relevant Transfer Certificate:Subclause 12.5(a): (i) each Borrower which shall, if it is a Party as a Borrower as at the relevant Transfer Date (as defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)) shall, to the extent that that New Lender becomes a Lender under a Facility which is made available to that Borrower pursuant to Clause 2.1 (Facility)or Relevant Increase Date, file a duly completed form DTTP2 in respect of such New Lender or Increase Lender with HMRC within 30 thirty (30) days of that the date of the Transfer Date or Relevant Increase Date and shall promptly provide the New Lender or Increase Lender with a copy of that filing; and (ii) each Additional Borrower which becomes an Additional Borrower after the relevant Transfer Date (as defined in Clause 29.5 (Procedure for transfer using a Transfer Certificate)) shall, to the extent that that New Lender (as defined in Clause 29.1 (Assignments and transfers by Lenders)) is a Lender under a Facility which is made available to that Additional Borrower pursuant to Clause 2.1 (Facility), or Relevant Increase Date shall file a duly completed form DTTP2 in respect of such New Lender or Increase Lender with HMRC within 30 thirty (30) days of becoming an Additional Borrower and shall promptly provide the New Lender or Increase Lender with a copy of that filing.