Common use of Status of Lender Clause in Contracts

Status of Lender. If the Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, the Lender shall deliver to the Borrower, at the time or times reasonably requested by the Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 2 contracts

Samples: Term Loan Agreement (Sphere 3D Corp), Revolving Credit Agreement (Sphere 3D Corp)

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Status of Lender. If To the extent Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, the Lender shall deliver to the BorrowerBorrowers, at the time or times reasonably requested by the BorrowerBorrowers, such properly completed and executed documentation reasonably requested by the Borrower Borrowers as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the BorrowerBorrowers, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower Borrowers as will enable the Borrower Borrowers to determine whether or not the Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution execution, and submission of such documentation shall not be required if in the Lender’s reasonable judgment such completion, execution execution, or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 2 contracts

Samples: Credit Agreement (Alico, Inc.), Credit Agreement (Alico Inc)

Status of Lender. If the Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, the Lender shall deliver to the Borrower, at the time or times reasonably requested by the Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Status of Lender. (i) If the Lender is entitled to an exemption from or reduction of withholding EXHIBIT 10.1 Tax with respect to payments made under any Loan Document, the Lender shall deliver to the Borrower, at the time or times reasonably requested by the Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Status of Lender. If To the extent that the Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any of the Loan DocumentDocuments, the Lender shall deliver to the Borrower, at the time or times reasonably requested by the Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit any such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, the Lender shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the such Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of any such documentation shall not be required if if, in the Lender’s reasonable judgment judgment, such completion, execution or submission would subject the Lender to any material and unreasonable unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Loan Agreement (Ramaco Resources, Inc.)

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Status of Lender. If the Lender (including any assignee or successor) is entitled to an exemption from or reduction of withholding Tax tax with respect to payments made under any Loan Document, the Lender shall it will deliver to the Borrower, at the time or times reasonably requested by the BorrowerXxxxxxxx, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, shall deliver such other documentation prescribed by applicable law Applicable Law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the Lender is subject to backup withholding or information reporting requirements, as well as any applicable supporting documentation or certifications. Notwithstanding anything to the contrary in the preceding two sentencesherein, the completion, execution and submission of such documentation shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Loan Agreement

Status of Lender. (a) If the Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Credit Document, the Lender shall deliver to the Borrower, at the time or times reasonably requested by the Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower, shall deliver such other documentation prescribed by applicable law Law or reasonably requested by the Borrower as will enable the Borrower to determine whether or not the Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation (other than such documentation set forth below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the such Lender.

Appears in 1 contract

Samples: Credit Agreement (FreightCar America, Inc.)

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