Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer and Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (A) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (B) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (C) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (B) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 89 contracts
Samples: Forward Confirmation (Old National Bancorp /In/), Forward Confirmation (Old National Bancorp /In/), Atm Equity Offering Sales Agreement (American Healthcare REIT, Inc.)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction satisfaction(s) of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 36 contracts
Samples: Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6), Isda Master Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab4), Schedule to the Master Agreement (Accredited Home Lenders Holding Co)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (A) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (B) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (C) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (B) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 22 contracts
Samples: Registered Forward Transaction (National Health Investors Inc), Registered Forward Confirmation (National Health Investors Inc), Registered Forward Transaction Confirmation (National Health Investors Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer and Counterparty makes Party A will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction satisfaction(s) of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 17 contracts
Samples: Isda Master Agreement (PHH Alternative Mortgage Trust, Series 2007-3), Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust Series 2007-Oa5 /DE), Master Agreement (PHH Alternative Mortgage Trust, Series 2007-1)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section and 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 16 contracts
Samples: Isda Master Agreement (BA Credit Card Trust), Isda Master Agreement (BA Master Credit Card Trust II), Master Agreement (BA Credit Card Trust)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 15 contracts
Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes hereby make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the this Agreement or amounts payable hereunder that may be considered to be interest for U.S. United States federal income tax purposes) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 15 contracts
Samples: 2002 Isda Master Agreement, Isda Master Agreement (Global Diversified Futures Fund L.P.), 2002 Isda Master Agreement (Orion Futures Fund Lp)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement), each of Dealer Barclays and the Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on: (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ; (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 14 contracts
Samples: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-E), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the any other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the that other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the that other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the that other party contained in Section 4(d) of the this Agreement, except that PROVIDED THAT it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 12 contracts
Samples: Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD), Isda Master Agreement (Medallion Trust Series 2007-1g), Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer and Counterparty party makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it a party may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 11 contracts
Samples: Master Agreement (Ashford Hospitality Trust Inc), Isda Master Agreement (Farmer Brothers Co), Isda Master Agreement (Popular ABS Mortgage Pass-Through Trust 2006-D)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A will make the following representation and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 11 contracts
Samples: Isda Master Agreement (Ford Credit Auto Receivables Two LLC), Isda Master Agreement (Ford Credit Auto Receivables Two LLC), Isda Master Agreement (Ford Credit Auto Receivables Two LLC)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ax) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (By) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Cz) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (By) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 10 contracts
Samples: Isda Schedule, Isda Master Agreement (Collins Industries Inc), Isda Master Agreement (Water Pik Technologies Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty makes Party Bmakes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (A) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (B) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (C) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (B) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 9 contracts
Samples: Registered Forward Transaction Confirmation (Vici Properties Inc.), Registered Forward Transaction (Vici Properties Inc.), Registered Forward Transaction (Vici Properties Inc.)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section and 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or of document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 8 contracts
Samples: Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Master Agreement (Mbna America Bank National Association), Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except that PROVIDED THAT it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 8 contracts
Samples: Interest Rate Risk Management Agreement (Australian Securitisation Management Pty LTD), Interest Rate Risk Management Agreement (Australian Securitisation Management Pty LTD), Isda Master Agreement (Macquarie Securitisation LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii), or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except ; provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 8 contracts
Samples: Indenture Supplement (PHH Corp), Indenture Supplement (PHH Corp), Indenture Supplement (PHH Corp)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer and Counterparty party makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it a party may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 7 contracts
Samples: Master Agreement (Capital One Auto Receivables LLC), Master Agreement (Capital One Auto Receivables LLC), Master Agreement (Capital One Auto Receivables LLC)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 7 contracts
Samples: Master Agreement (New Century Financial Corp), Master Agreement (New Century Financial Corp), Schedule to the Master Agreement (Accredited Home Lenders Holding Co)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 6 contracts
Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement (Criimi Mae Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section and 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He2), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc2), Pooling and Servicing Agreement (MASTR Asset-Backed Securities Trust 2006-Am2)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the ISDA Agreement, each of Dealer each, Party A and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesISDA Agreement) to be made by it to the other party under the ISDA Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the ISDA Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the ISDA Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and ISDA Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the ISDA Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 5 contracts
Samples: Long Term Power Purchase Agreement, Long Term Power Purchase Agreement, Fixed Price Customer Supply Contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation MGT Pty LTD Series 2005-1g WST Trust), Isda Master Agreement (Westpac Securitisation Management Pty LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Administration Agreement (SMS Student Loan Trust 2000-B), Master Agreement (Usa Group Secondary Market Services Inc), Master Agreement (Usa Group Secondary Market Services Inc)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the The accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the The satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the The satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: 2002 Isda Master Agreement (MacroShares Housing Depositor, LLC), Isda Master Agreement (MacroShares $100 Oil Down Trust), Isda Master Agreement (MacroShares $100 Oil Up Trust)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer and Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Black Hills Corp /Sd/), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Sales Agreement (Ameren Corp)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, MSCS and the Trust will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Isda Master Agreement (Mmca Auto Owner Trust 2002-5), Isda Master Agreement (Mmca Auto Receivables Trust), Isda Master Agreement (Mmca Auto Owner Trust 2002-1)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation Management Pty LTD), Master Agreement (Westpac Securitisation Management Pty LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, this Agreement each of Dealer Party A and Counterparty makes Party B will make the following representation: . It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e) or 6(d)(ii) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause subclause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Samples: Isda Master Agreement (Crusade Management LTD), Isda Schedule to the Master Agreement for Basis Swap (Crusade Management LTD), Isda Schedule to the Master Agreement for Basis Swap (Crusade Management LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the any other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the that other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the that other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Samples: Currency Swap Agreement, Currency Swap Agreement (Macquarie Leasing Pty LTD), Currency Swap Agreement (Macquarie Leasing Pty LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. United States federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A will make the following representation and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agree ment) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement, Isda Master Agreement (Ford Credit Auto Receivables Two LLC)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party Party A under the this Agreement. In making this representation, it each party may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on sub-clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Master Agreement (Cef Equipment Holding LLC), Master Agreement (Cef Equipment Holding LLC)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, MLCS and the Trust will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Mmca Auto Owner Trust 2001-1), Isda Master Agreement (Mmca Auto Owner Trust 2001-1)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representationrepresentations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and ); and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Master Agreement (Crusade Management LTD), Master Agreement (Crusade Management LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the any other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Macquarie Securitisation LTD), Isda Master Agreement (Macquarie Securitisation LTD)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, [ ] and the Trust will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Mmca Auto Owner Trust 2001 2), Isda Master Agreement (Mmca Auto Owner Trust 2002-5)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, this Agreement each of Dealer Party A, St.George and Counterparty makes Party B will make the following representation: represenxxxxxx. It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause Section (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Schedule to the Master Agreement for Interest Rate Swap (Crusade Global Trust No. 2 of 2006), Isda Schedule to the Master Agreement for Interest Rate Swap (Crusade Global Trust No. 1 of 2007)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the Master Agreement, each of Dealer UBS AG will make the following representation and Counterparty makes will not make the following representation: It it is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesMaster Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Master Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Master Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Assignment Agreement (MASTR Asset Securitization Trust 2006-2), Assignment Agreement (MASTR Asset Securitization Trust 2006-1)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental government revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the this Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes) to be made by it to the any other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the that other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the that other party contained in Section 4(d) of the this Agreement, except that PROVIDED THAT it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Macquarie Securitisation LTD), Isda Master Agreement (Macquarie Securitisation LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the this Agreement or amounts payable hereunder that may be considered and deliveries, transfers and payments to be interest for U.S. federal income tax purposesmade pursuant to the Credit Support Annex) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, ; except that it will not be a breach of this representation where reliance is placed on clause (Bii) above above, and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Payment Agreement, Payment Agreement
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesAgreement) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the Agreement, ; (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Interest Rate Swap Transaction Confirmation (Town Sports International Holdings Inc), Interest Rate Swap Transaction (Town Sports International Holdings Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be treated as interest for U.S. federal income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (A) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (B) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (C) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (B) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Tanger Properties LTD Partnership /Nc/), Distribution Agreement (Plymouth Industrial REIT, Inc.)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement), each of Dealer Party A and Counterparty Party B makes the following representation: It is not required re-quired by any applicable ap-pli-ca-ble law, as modified modi-fied by the practice prac-xxxx of any relevant governmental govern-mental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes6(e)) to be made by it to the other party under the this Agreement. In making this representationrepresenta-tion, it may rely on (Ai) the accuracy of any representations repre-sentation made by the other party pursuant to Section 3(f) of the Agreement), (Bii) the satisfaction of the agreement agree-ment contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant pursu-ant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement ), and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement), except provided that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material mate-rial prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Ford Credit Auto Owner Trust 2006-A), Isda Master Agreement (Ford Credit Auto Owner Trust 2006-C)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on: (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Administration Agreement (Goldman Sachs Asset Backed Securities Corp), Administration Agreement (Gs Mortgage Securities Corp)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Isda Master Agreement (Summer Energy Holdings Inc), Isda Master Agreement (Summer Energy Holdings Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A will make the following representation and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and ); and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Novation Agreement (Crusade Global Trust No. 2 of 2006)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: :β It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ax) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (By) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Cz) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (By) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Master Agreement (Adesa Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, this Agreement each of Dealer Party A, Party B and Counterparty makes CSFBI will make the following representation: . It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e) or 6(d)(ii) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause section (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Schedule to the Master Agreement for Basis Swap (Crusade Management LTD)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, CMB and the Trust will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (Mmca Auto Owner Trust 2001-3)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B make the following representationrepresentations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the Master Agreement, each of Dealer UBS AG will make the following representation and Counterparty makes will not make the following representation: It it is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesMaster Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Master Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Master Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this ISDA Form and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreementthis ISDA Form, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement ISDA Form by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Assignment Agreement (MASTR Alternative Loan Trust 2006-1)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section and 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and -------- the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer and Counterparty party makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it a party may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representationrepresentations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and ); and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except . provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Capital One, National Association and Counterparty makes will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(d), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: 2002 Master Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on: (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ; (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement; provided, except that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii4(a)(ii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Master Agreement (National Steel Co)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement), each of Dealer Barclays and the Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) and 6(c) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on: (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ; (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii4(e)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-D)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the Agreement), each of Dealer GSI and Counterparty makes ITAU make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii), or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause Clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposes6(e) of this Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:-
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (Banco Santander Central Hispano Sa)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Counterparty and Counterparty makes Capital One will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Master Agreement (Capital One Auto Receivables Trust 2001-B)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer CS and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder (including under this Confirmation) that may be considered to be interest or similar proceeds for U.S. federal Italian or United Kingdom income tax purposes) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, this Agreement each of Dealer Party A and Counterparty makes Party B will make the following representation: . It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e) or 6(d)(ii) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause subclause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.. ISDA Schedule to the Master Agreement for Basis Swap [Allens Xxxxxx Xxxxxxxx logo] --------------------------------------------------------------------------------
Appears in 1 contract
Samples: Isda Schedule to the Master Agreement for Basis Swap (Crusade Management LTD)
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement), each of Dealer Barclays and the Counterparty makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on: (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f3(t) of the this Agreement, ; (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ax) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (By) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Cz) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (By) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (New America High Income Fund Inc)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Santander and the Counterparty each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except ; provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: 1992 Isda Master Agreement (Multicurrency β Cross Border)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B each of Dealer and Counterparty makes make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except that PROVIDED THAT it will is not be a breach of this representation where reliance is placed on sub-clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Master Agreement (UBS Managed Futures LLC (Aspect Series))
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) and 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer and Counterparty party makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it a party may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (Lease Investment Flight Trust)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, Party A and Party B will each of Dealer and Counterparty makes make the following representationrepresentations to the other: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it each party may rely on on:
(Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement and this Agreement, and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except that it will not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: 2002 Master Agreement (LKQ Corp)
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to ot make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ax) the accuracy of any representations made by the other party pursuant to Section 3(f3 (f) of the this Agreement, (By) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii4(a) (iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and (Cz) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (By) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e3 (e) of the this Agreement, each of Dealer Party A and Counterparty makes Party B will make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax tax from any payment (other than interest under Section 9(hXxxxxxx 0 (x), 0 (x) (xx) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on on:-
(Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ;
(Bii) the satisfaction of the agreement contained in Section 4(a)(i4 (a) (i) or Section 4(a)(iii4 (a) (iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i4 (a) (i) or Section 4(a)(iii4 (a) (iii) of the Agreement and this Agreement; and
(Ciii) the satisfaction of the agreement of the other party contained in Section 4(d4 (d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii4 (a) of the Agreement (iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: . It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesAgreement) to be made by it to the other party under the Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the Agreement, (Bii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Interest Rate Swap Transaction Confirmation (Town Sports International Holdings Inc)
Payer Tax Representations. For the purpose purposes of Section 3(e) of the Agreement), each of Dealer X. Xxxx and Counterparty makes Xxxxxx & Xxxxx make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h2(e), 6(d)(ii), or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction of the agreement contained in Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement, and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Tax Representations. For the purpose of Section 3(e) of the this Agreement, each of Dealer Party A and Counterparty Party B makes the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(hSections 2(e), 6(d)(ii) or 6(e) of the Agreement or amounts payable hereunder that may be considered to be interest for U.S. federal income tax purposesthis Agreement) to be made by it to the other party under the this Agreement. In making this representation, it may rely on (Ai) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, (Bii) the satisfaction satisfaction(s) of the agreement of the other party contained in Section 4(a)(i) or Section 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or Section 4(a)(iii) of the Agreement this Agreement; and (Ciii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, except provided that it will shall not be a breach of this representation where reliance is placed on clause (Bii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
