Common use of Nonforeign Status Clause in Contracts

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. The Nonforeign Status Statutes 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 Governing State 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 Property Project pursuant to the terms of the Security InstrumentDeed 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 Nonforeign Status StatutesInternal Revenue Code and/or California Tax Code and the regulations promulgated thereunder; and (b) Borrower’s 's U.S. employer identification number is the Tax Identification Number; and ; (c) Borrower’s 's principal place of business is at the address set forth in Section 8.109.10, and (d) Borrower is qualified to do business in the State of California. Lender may disclose the contents of this Section 8.1 9.1 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 covenants and agrees to 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 Deed of Trust or acceptance of a deed in lieu or in aid thereof.

Nonforeign Status. The Nonforeign Status Statutes provide Section 1445 of the Internal Revenue Code of 1985, as amended (the "INTERNAL REVENUE CODE") provides that a transferee of a U.S. real property interest, or Governing State property interest, as the case may be, 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 the disposition of the Property Project pursuant to the terms of the Security InstrumentDeed 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 Nonforeign Status StatutesInternal Revenue Code and the regulations promulgated thereunder; and (b) Borrower’s 's U.S. employer identification number is the Tax Identification Number; and (c) Borrower’s 's principal place of business is at the address set forth in Section 8.10SECTION 9.10. Lender may disclose the contents of this Section 8.1 SECTION 9.1 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 covenants and agrees to 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 Deed of Trust or acceptance of a deed in lieu or in aid thereof.