Nonforeign Status. The Company shall have delivered a certificate of Non-Foreign Status which meets the requirements of Treasury Regulation Section 1.1445-2, duly executed and acknowledged, certifying that the Company is not a foreign person for United States income tax purposes.
Nonforeign Status. The Nonforeign Status Statutes provide that a transferee of a U.S. real property interest, or Governing State property interest, as the case may be, must withhold tax under the circumstances described therein. To inform Lender that the withholding of tax will not be required in the event of the disposition of the Property pursuant to the terms of the Security Instrument, Borrower hereby certifies, under penalty of perjury, that:
(a) Borrower is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Nonforeign Status Statutes; and (b) Borrower’s U.S. employer identification number is the Tax Identification Number; and (c) Borrower’s principal place of business is at the address set forth in Section 8.10. Lender may disclose the contents of this Section 8.1 to the Internal Revenue Service or any other Governmental Agency and Borrower acknowledges that any false statement contained herein could be punished by fine, imprisonment or both. Within ten (10) days after Lender’s written request, Borrower shall execute and deliver to Lender further certificates, which shall be signed under penalty of perjury, as Lender shall reasonably require in connection with the certifications set forth herein. The covenant set forth herein shall survive the foreclosure of the lien of the Security Instrument or acceptance of a deed in lieu or in aid thereof.
Nonforeign Status. Seller warrants that it is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1954, as amended. Seller shall deliver to Purchaser at closing a Certificate of Nonforeign Status setting forth Seller's address and United States taxpayer identification number and certifying that it is not a foreign person as so defined (the "FIRPTA AFFIDAVIT").
Nonforeign Status. Seller is not a “foreign person” or “foreign entity” as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and there is no federal or state requirement to withhold any portion of the Purchase Price for delivery to any taxing authority;
Nonforeign Status. Seller is not a "foreign person" (i.e., a nonresident alien individual or foreign corporation) within the meaning of Section 897(a) of the Internal Revenue Code.
Nonforeign Status. 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 under the circumstances described therein. To inform Lender that the withholding of tax will not be required in the event of a disposition of any of the Properties or of any of the Borrower Membership Interests or other Ownership Interests in Borrower or in any of the Property Owners, Borrower shall, prior to any disposition, and does hereby, warrant, affirm and certify in writing to Lender under penalty of perjury: (a) that it is not, and none of the Property Owners are, a foreign limited liability company, foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; (b) that the U.S. employer identification numbers for Borrower and for each of the Property Owners are as set forth on Exhibit I; (c) that its principal place of business is at the address set forth in Section 9.9 hereof; and (d) that it is qualified to do business in the state in which each of the Properties is located, if any such state so requires it to be in order to conduct its business. Lender may disclose the contents of this warranty to the Internal Revenue Service or any other Governmental Agency and Borrower acknowledges that any false statement contained herein or therein could be punished by fine, imprisonment or both. Borrower covenants and agrees to execute such further certificates, which shall be signed under penalty of perjury, as Lender may reasonably require in connection with the certifications set forth herein.
Nonforeign Status. Section 1445 of the Internal Revenue Code of 1985, as amended (the "Internal Revenue Code") and Sections 18662, 18668 and 18669 of the California Revenue and Taxation Code (the "California Tax Code") provide that a transferee of a U.S. real property interest, or California property interest, as the case may be, must withhold tax under the circumstances described therein. To inform Lender that the withholding of tax will not be required in the event of the disposition of the Improvements pursuant to the terms of the Deed of Trust, Borrower hereby certifies, under penalty of perjury, that:
(a) Borrower is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and/or California Tax Code and the regulations promulgated thereunder; and (b) Borrower's U.S. employer identification number is the Tax Identification Number;
Nonforeign Status. Seller is not a “foreign person” as defined in 26 U.S. Code § 1445 (Withholding of tax on dispositions of United States real property interests). 138 actions, or other liabilities of any description arising out of or in any way connected with Buyer’s 139 possession or use of the Property after the Closing Date.
Nonforeign Status. (a) Borrower is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and/or California Tax Code and the regulations promulgated thereunder; and (b) Borrower's U.S. employer identification number is the Tax Identification Number;
