Common use of Status of Lender Clause in Contracts

Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, it shall deliver to Borrower, at the time or times reasonably requested by Xxxxxxxx, such properly completed and executed documentation reasonably requested by Borrower as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrower as will enable Borrower to determine whether or not 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 IRS Form W-9) shall not be required if in Lender’s reasonable judgment such completion, execution or submission would subject Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of Lender. Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Borrower from time to time upon the reasonable request of Xxxxxxxx, executed copies of IRS Form W-9 certifying that Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do so.

Status of Lender. If Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, it Lender shall deliver to BorrowerBorrowers, at the time or times reasonably requested by XxxxxxxxBorrowers, such properly completed and executed documentation reasonably requested by Borrower Borrowers as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, Lender, if reasonably requested by BorrowerBorrowers, Lender shall deliver such other documentation prescribed by applicable law Law or reasonably requested by Borrower Borrowers as will enable Borrower Borrowers to determine whether or not 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 such documentation (other than IRS Form W-9the documentation required in the following sentence) shall not be required if in Lender’s reasonable judgment such completion, execution or and submission would subject Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of Lender. Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Borrower from time Borrowers on or prior to time upon the reasonable request effective date of Xxxxxxxxthis Agreement and at such other times as reasonably requested by Borrowers, executed copies of IRS Form W-9 certifying or such other documentation that is reasonably requested by Borrowers to indicate that Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do soTax.

Status of Lender. If (i) Upon Borrower’s request, Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, it shall deliver to Borrower, at the time or times reasonably requested by Xxxxxxxx, Borrower such properly completed and executed documentation reasonably requested by Borrower as will permit such payments to be made under the Loan Documents without withholding or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrower as will enable Borrower to determine whether or not 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 IRS Form W-9such documentation set forth in Section 2.10(e) below) 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. . (ii) Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Borrower on or prior to the date on which the Lender makes the Initial Term Loan Advance under this Agreement (and from time to time thereafter upon the reasonable request of XxxxxxxxBorrower or Lender), executed copies of IRS Form W-9 certifying that the Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do so.

Status of Lender. If (i) Upon Borrower’s request, Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, it shall deliver to Borrower, at the time or times reasonably requested by Xxxxxxxx, Borrower such properly completed and executed documentation reasonably requested by Borrower as will permit such payments to be made under the Loan Documents without withholding or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrower as will enable Borrower to determine whether or not 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 IRS Form W-9such documentation set forth in Section 2.10(e) below) 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. . (ii) Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Borrower on or prior to the date on which the Lender makes the initial Term Loan Advance under this Agreement (and from time to time thereafter upon the reasonable request of XxxxxxxxBorrower or Lender), executed copies of IRS Form W-9 certifying that the Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do so.

Status of Lender. If (i) Upon Lead Borrower’s request, Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, it shall deliver to Borrower, at the time or times reasonably requested by Xxxxxxxx, Lead Borrower such properly completed and executed documentation reasonably requested by Lead Borrower as will permit such payments to be made under the Loan Documents without withholding or at a reduced rate of withholding. In addition, Lender, if reasonably requested by Lead Borrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by Lead Borrower as will enable Lead Borrower to determine whether or not 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 IRS Form W-9such documentation set forth in Section 2.6(e) below) 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. . (ii) Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Lead Borrower on or prior to the date on which the Lender makes the Term Loan Advance under this Agreement (and from time to time thereafter upon the reasonable request of XxxxxxxxBorrower or Lender), executed copies of IRS Form W-9 certifying that the Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do so.

Status of Lender. (i) If the Lender is entitled to an exemption from from, or reduction of of, any applicable withholding Tax with respect to any payments made under any Loan Document, it Document the Lender shall deliver to the Borrower, at the time or times reasonably requested by Xxxxxxxxthe Borrower, such properly completed and executed documentation reasonably requested by the Borrower as will permit such payments to be made without withholding without, or at a reduced rate of 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 any withholding (including backup withholding 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 IRS Form W-9) 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. Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, Lender shall deliver to Borrower from time to time upon Upon the reasonable request of Xxxxxxxxthe Borrower, executed copies of IRS Form W-9 certifying that the Lender is exempt from U.S. federal backup withholding tax. Lender agrees that if shall update any form or certification it previously delivered pursuant to this Section 2.12(e). If any form or certification previously delivered pursuant to this Section expires or becomes obsolete or inaccurate in any respectrespect with respect to the Lender, it the Lender shall update promptly (and in any event within ten (10) days after such form expiration, obsolescence or certification or promptly inaccuracy) notify the Borrower in writing of its legal inability such expiration, obsolescence or inaccuracy and update the form or certification if it is legally eligible to do so.