Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers properly completed and executed documentation reasonably requested by Borrowers as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrowers, shall deliver such other documentation prescribed by Applicable Law as is necessary to enable Borrowers to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 5 contracts
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (LIVE VENTURES Inc)
Status of Lender. If Lender Xxxxxx is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers properly completed and executed documentation reasonably requested by Borrowers as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrowers, shall deliver such other documentation prescribed by Applicable Law as is necessary to enable Borrowers to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender Xxxxxx believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 2 contracts
Samples: Loan and Security Agreement (HOOKER FURNISHINGS Corp), Loan and Security Agreement (Orion Energy Systems, Inc.)
Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers Borrower properly completed and executed documentation reasonably requested by Borrowers Borrower as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by BorrowersBorrower, shall deliver such other documentation prescribed by Applicable Law applicable law as is necessary to enable Borrowers Borrower to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 2 contracts
Samples: Loan and Security Agreement (Select Interior Concepts, Inc.), Loan and Security Agreement (Nortech Systems Inc)
Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers Borrower properly completed and executed documentation reasonably requested by Borrowers Borrower as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by BorrowersBorrower, shall deliver such other documentation prescribed by Applicable Law as is necessary to enable Borrowers Borrower to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 2 contracts
Samples: Loan and Security Agreement (Select Interior Concepts, Inc.), Loan and Security Agreement (Select Interior Concepts, Inc.)
Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers properly 39 completed and executed documentation reasonably requested by Borrowers Xxxxxxxxx as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrowers, shall deliver such other documentation prescribed by Applicable Law as is necessary to enable Borrowers to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender Xxxxxx believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position. 5.8.6.
Appears in 1 contract
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.)
Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers Obligors properly completed and executed documentation reasonably requested by Borrowers Obligors as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by BorrowersObligors, shall deliver such other documentation prescribed by Applicable Law applicable law as is necessary to enable Borrowers Obligors to determine whether Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender believes delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 1 contract
Samples: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)
Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments of Obligations, it shall deliver to Borrowers properly completed and executed documentation reasonably requested by Borrowers as will permit such payments to be made without or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrowers, shall deliver such other documentation prescribed by Applicable Law or reasonably requested by the Borrowers as is necessary to will enable Borrowers to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Notwithstanding the foregoing, such documentation shall not be required if Lender believes in the Lender’s reasonable judgment such delivery of the documentation would subject it to any material unreimbursed cost or expense or would materially prejudice its legal or commercial position.
Appears in 1 contract
Samples: Loan and Security Agreement (Arlo Technologies, Inc.)