Common use of Nonforeign Entity Clause in Contracts

Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee that the withholding of tax will not be required in the event of the disposition of the Mortgaged Property pursuant to the terms of this Mortgage, Mortgagor hereby certifies, under penalty of perjury, that: (a) Mortgagor is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; and (b) Intentionally Deleted. (c) Mortgagor is duly qualified to do business in New Jersey. It is understood that Mortgagee may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor covenants and agrees to execute such further certificates, which must be signed under penalty of perjury, as Mortgagee reasonably requires. The covenant set forth herein will survive the foreclosure of the lien of this Mortgage or acceptance of a deed in lieu thereof.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

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Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee that the withholding of tax will not be required in the event of the disposition of the Mortgaged Property Premises, or any portion thereof, pursuant to the terms of this Mortgage, Mortgagor hereby certifies, under penalty of perjury, that: (a) that Mortgagor is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; and (b) Intentionally Deleted. (c) Mortgagor is duly qualified to do business in New Jersey. It is understood that Mortgagee may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor covenants and agrees to execute such further certificates, which must shall be signed under penalty of perjury, as Mortgagee shall reasonably requiresrequire. The covenant set forth herein will shall survive the foreclosure of the lien Lien of this Mortgage or acceptance of a deed in lieu thereof.

Appears in 1 contract

Samples: Credit Agreement (Anthony Crane Rental Lp)

Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue CodeINTERNAL REVENUE CODE") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee Beneficiary that the withholding of tax will not be required in the event of the disposition of the Mortgaged Property Premises or Improvements pursuant to the terms of this MortgageDeed of Trust, Mortgagor Trustor hereby certifies, under penalty of perjury, that: (aI) Mortgagor Trustor is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; and (bII) Intentionally Deleted.Trustor's U.S. employer identification number is _______________; and (cIII) Mortgagor Trustor's principal place of business is duly qualified to do business in New Jersey_________________. It is understood that Mortgagee Beneficiary may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor Trustor covenants and agrees to execute such further certificates, which must shall be signed under penalty of or perjury, as Mortgagee Beneficiary shall reasonably requiresrequire. The covenant set forth herein will shall survive the foreclosure of the lien of this Mortgage Deed of Trust or acceptance of a deed in lieu thereof.

Appears in 1 contract

Samples: Indenture (Ormat Technologies, Inc.)

Nonforeign Entity. Section 1445 of the Internal Revenue Code of 19861985, as amended (the "Internal Revenue CodeINTERNAL REVENUE CODE") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee Lender that the withholding of tax will not be required in the event of the disposition of any of the Mortgaged Property Projects pursuant to the terms of this Mortgagethe Deed of Trust, Mortgagor Assuming Party hereby certifies, under penalty of perjury, that: : (a) Mortgagor Assuming Party is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Infernal Revenue Code and the regulations promulgated thereunder; and and (b) Intentionally Deleted. Assuming Party's employer identification number is ____________ ; and (ca) Mortgagor Assuming Party's principal place of business is duly qualified to do business in New Jersey____________. It is understood that Mortgagee Lender may disclose the contents of this certification representation to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor Assuming Party covenants and agrees to execute such further certificates, which must shall be signed under penalty of perjury, as Mortgagee Lender shall reasonably requiresrequire. The covenant set forth herein will shall survive the foreclosure of the lien of this Mortgage the Deed of Trust or acceptance of a deed in lieu thereof.

Appears in 1 contract

Samples: Assumption of Loan Documents and Environmental Indemnity (Peregrine Real Estate Trust)

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Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee Beneficiary that the withholding of tax will not be required in the event of the disposition of the Mortgaged Property pursuant to the terms of this MortgageDeed of Trust, Mortgagor Trustor hereby certifies, under penalty of perjury, that: (a) Mortgagor Trustor is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; and (b) Intentionally Deleted.Trustor’s U.S. employer identification number is 80-0000000; and (c) Mortgagor Trustor’s principal place of business is duly qualified to do business in New Jersey400 Xxxxx Xxxxxxxx Xxxxxx, Xxxx, Xxxxxx 00000. It is understood that Mortgagee Beneficiary may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor Trustor covenants and agrees to execute such further certificates, which must shall be signed under penalty of perjury, as Mortgagee Beneficiary shall reasonably requiresrequire. The covenant set forth herein will shall survive the foreclosure of the lien of this Mortgage Deed of Trust or acceptance of a deed in lieu thereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Eldorado Resorts LLC)

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