NOTICE OF WITHHOLDING OR DEDUCTION. 10.1 If the Trustee is, in respect of any payment, compelled to withhold or deduct any amount for or on account of any Tax as contemplated by Condition 11 (Taxation), the Trustee shall give notice to the Principal Paying Agent and the Delegate as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to each of the Principal Paying Agent and the Delegate such information as it shall require to enable it to comply with the requirement.
10.2 The Trustee shall notify each Agent and the Delegate in the event that it determines that any payment to be made by an Agent under the Certificates is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Trustee's obligation under this Clause 10.1 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Trustee, the Certificates, or both.
10.3 If any Agent is, in respect of any payment under the Certificates to be made pursuant to this Agreement, compelled to withhold or deduct any amount for or on account of any Tax, duties, assessments or governmental charges as specifically contemplated under the Conditions and required by any Applicable Law, other than as arising under Clause 10.1 or by virtue of the relevant holder failing to satisfy any certification or other requirement in respect of its Certificates, it shall give notice of that fact to the Trustee, the Delegate and the Principal Paying Agent as soon as it becomes aware of the compulsion to withhold or deduct and that Agent shall not be required to pay an additional amount in respect of that withholding or deduction.
10.4 Any payment by any Paying Agent under this Agreement will be made without any deduction or withholding for or on account of any Tax (as defined herein) unless such deduction or withholding is required by any Applicable Law. If such Tax is paid by any Paying Agent or any of its affiliates, the Trustee agrees that it shall promptly reimburse the relevant paying entity for such payment to the extent not covered by withholding from any payment. If any Paying Agent is required to make a deduction or withholding referred to above, it will not pay an additional amount in respect of that deduction or withholding to the Trustee.
10.5 Notwithstanding any other provision o...
NOTICE OF WITHHOLDING OR DEDUCTION. If the Issuer is, in respect of any payment, compelled to withhold or deduct any amount for or on account of taxes, duties, assessments or governmental charges as specifically contemplated under the Terms and Conditions, the Issuer shall give notice thereof to the Paying Agent as soon as it becomes aware of the requirement to make such withholding or deduction and shall give to the Paying Agent such information as it shall require to enable it to comply with such requirement.
NOTICE OF WITHHOLDING OR DEDUCTION. If the Trustee is, in respect of any payment, compelled to withhold or deduct any amount for or on account of any Taxes as contemplated by Condition 13 (Taxation) or any undertaking given in addition to or in substitution for Condition 13 (Taxation), the Trustee shall give notice to the Principal Paying Agent as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to the Principal Paying Agent such information as they shall require to enable them to comply with the requirement.
NOTICE OF WITHHOLDING OR DEDUCTION. 10.1 In the event that the Trustee determines, in its sole discretion, that any deduction or withholding for or on account of any Tax will be required by Applicable Law in connection with any payment due to any of the Agents on any Certificates, then the Trustee will be entitled to re- direct or re-organise any such payment in any way that it sees fit in order that the payment may be made without such deduction or withholding provided that, any such re-directed or re- organised payment is made through a recognised institution of international standing and otherwise made in accordance with this Agreement. The Trustee will promptly notify the Agents of any such re-direction or re-organisation. For the avoidance of doubt, FATCA Withholding is a deduction or withholding which is deemed to be required by Applicable Law for the purposes of this Clause 10.1.
10.2 Each Party shall, within ten business days of a written request by another Party, supply to that other Party such forms, documentation and other information relating to it, its operations, or any Certificates as that other Party reasonably requests for the purposes of that other Party's compliance with Applicable Law and shall notify the relevant other Party reasonably promptly in the event that it becomes aware that any of the forms, documentation or other information provided by such Party is (or becomes) inaccurate in any material respect; provided, however, that no Party shall be required to provide any forms, documentation or other information pursuant to this Clause 10.2 to the extent that: (i) any such form, documentation or other information (or the information required to be provided on such form or documentation) is not reasonably available to such Party and cannot be obtained by such Party using reasonable efforts; or (ii) doing so would or might in the reasonable opinion of such Party constitute a breach of any: (a) Applicable Law; (b) fiduciary duty; or (c) duty of confidentiality. For purposes of this Clause 10.2, Applicable Law shall be deemed to include: (i) any rule or practice of any Authority by which any Party is bound or with which it is accustomed to comply;
NOTICE OF WITHHOLDING OR DEDUCTION. 11.1 If the relevant Trustee, the Guarantor or any Paying Agent is, in respect of any payment in respect of any Tranche of Trust Certificates, compelled to withhold or deduct any amount for or on account of any Taxes as contemplated by Condition 12 (Taxation), the relevant Trustee shall give notice to the Principal Paying Agent as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to the Principal Paying Agent such information as it shall require to enable it to comply with the requirement.
NOTICE OF WITHHOLDING OR DEDUCTION. 10.1 If the Trustee is, in respect of any payment, compelled to withhold or deduct any amount for or on account of any Taxes as contemplated by Condition 11, the Trustee shall give notice to the Principal Paying Agent and the Delegate as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to each of the Principal Paying Agent and the Delegate such information as it shall require to enable it to comply with the requirement.
10.2 If any Agent is, in respect of any payment under the Certificates to be made pursuant to this Agreement, compelled to withhold or deduct any amount for or on account of any taxes, duties, assessments or governmental charges as specifically contemplated under the Conditions, other than as arising under Clause 10.1 or by virtue of the relevant holder failing to satisfy any certification or other requirement in respect of its Certificates, it shall give notice of that fact to the Trustee, the Delegate and the Principal Paying Agent as soon as it becomes aware of the compulsion to withhold or deduct.
NOTICE OF WITHHOLDING OR DEDUCTION. If the Issuer is, in respect of any payment under the Notes or under this Agreement, required by Applicable Law to withhold or deduct any amount for or on account of any Taxes as contemplated by Condition 8, it shall give notice to the Fiscal Agent as soon as reasonably practicable upon it becoming aware of the requirement to make the withholding or deduction. The Issuer will (subject to Condition 8) pay such additional amount as may be necessary in order that the net amount received by the person to whom the payment is owed after the withholding or deduction shall equal the amount which would have been payable in the absence of the withholding or deduction. If the Fiscal Agent is, in respect of any payment under the Notes or under this Agreement, required by Applicable Law to withhold or deduct any Taxes, the Fiscal Agent shall give notice thereof to the Issuer as soon as reasonably practicable upon it becoming aware of the requirement to make such withholding or deduction and shall give to the Issuer such information as it shall reasonably require. Notwithstanding any other provision of this Agreement, each Agent shall be entitled to make a deduction or withholding from any payment which it makes under the Notes for or on account of any Taxes if and only to the extent so required by Applicable Law, in which event the Agent shall make such payment after such deduction or withholding has been made and shall account to the relevant
NOTICE OF WITHHOLDING OR DEDUCTION.
9.1 If either the Issuer or any of the Guarantors is, in respect of any payment in respect of the Notes, compelled to withhold or deduct any amount for or on account of present or future taxes or duties as specifically contemplated under the Conditions, it shall give notice of that fact to the Trustee, the Principal Paying Agent and the Registrar as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to the Trustee, the Principal Paying Agent and the Registrar such information as any of them shall require to enable it to comply with the requirement.
9.2 If any Agent is, in respect of any payment of principal or interest in respect of the Notes, compelled to withhold or deduct any amount for or on account of any present or future taxes or duties as specifically contemplated under the Conditions it shall give notice of that fact to the Issuer, the Trustee and the Principal Paying Agent as soon as it becomes aware of the compulsion to withhold or deduct.
9.3 The Issuer shall notify the Principal Paying Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could is treated as a “withholdable payment” (as that term is defined in section 1473(1) of the Code and the regulations thereunder) or a “passthru payment” (as that term is defined in section 1471(d) of the Code and the regulations thereunder), provided that the Issuer shall not be required to notify an Agent that a payment is a “foreign passthru payment” within the meaning of section 1.1471- 1(b)(54) until regulations defining that term have been published by the U.S. Department of the Treasury.
NOTICE OF WITHHOLDING OR DEDUCTION. If the Issuer is, with respect to any payment, required to withhold or deduct any amount for or on account of taxes or duties of whatever nature as specifically contemplated under the Conditions, the Issuer and/or the Guarantor (if E.ON Finance or E.ON UK is the Issuer) shall give notice thereof to the Fiscal Agent as soon as it becomes aware of the requirement to make such withholding or deduction and shall give to the Fiscal Agent such information as either of them shall require to enable it to comply with such requirement. DOCUMENTS AVAILABLE FOR INSPECTION
NOTICE OF WITHHOLDING OR DEDUCTION. 9.1 If the Trustee or DIB is, in respect of any payment under this Agreement, compelled to withhold or deduct any amount for or on account of any Taxes as contemplated by Condition 13 or any undertaking given in addition to, or in substitution for, Condition 13 (pursuant to the Declaration of Trust), the Trustee or DIB, as the case may be, shall give notice to the Principal Paying Agent and the Delegate as soon as it becomes aware of the requirement to make the withholding or deduction and shall give to the Principal Paying Agent and the Delegate such information as they shall require to enable them to comply with the requirement. Until such time, each of the Trustee and DIB confirms that all payments made by or on behalf of it shall be made free and clear of and without withholding or deduction of any such amounts.
