Common use of Status of Recipients; Tax Documentation Clause in Contracts

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower and the Agent, at the time or times reasonably requested by the Lead Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead Borrower or the Agent, shall deliver such other documentation prescribed by applicable Law or reasonably requested by the Lead Borrower or the Agent as will enable the Lead Borrower or the Agent to determine whether or not such Recipient 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 in Section 3.01(e)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower and the Administrative Agent, at the time or times reasonably requested by the Lead Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead a Borrower Party or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead a Borrower Party or the Administrative Agent as will enable the Lead such Borrower Party or the Administrative Agent to determine whether or not such Recipient is subject to backup withholding or information reporting requirements. A Liquidity Provider that is a Foreign Recipient shall not be entitled to the benefits of this Section 4.01 unless Borrower is notified of the Liquidity Agreement and consents to such benefits and such Liquidity Provider, for the benefit of the Borrower Parties, complies with this Section 4.01. Notwithstanding anything to the contrary in the preceding two three sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B) and (ii)(D) below4.01(e)(ii)(D)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Recipient’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower Parties and the to Administrative Agent, at the time or times reasonably requested by the Lead a Borrower Party or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower Parties or the Administrative Agent as will permit such payments payment to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead Borrower Parties or the Administrative Agent as will enable the Lead Borrower Parties or the Administrative Agent to determine whether or not such Recipient 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 in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B), 4.01(e)(ii)(D) and (ii)(D) below4.01(e)(ii)(E)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Lender’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.. 73

Status of Recipients; Tax Documentation. (i) Any Recipient Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower and the Funding Agent, at the time or times reasonably requested by the Lead Borrower or the Funding Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower or the Funding Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any RecipientLender, if reasonably requested by the Lead Borrower or the Funding Agent, shall deliver such other documentation prescribed by applicable Law or reasonably requested by the Lead Borrower or the Funding Agent as will enable the Lead Borrower or the Funding Agent to determine whether or not such Recipient Lender is subject to backup withholding or information reporting requirements. A Liquidity Provider that is a Foreign Recipient shall not be entitled to the benefits of this Section 4.01 unless Borrower is notified of the Liquidity Agreement and such Liquidity Provider, for the benefit of Borrower, complies with this clause (e). Notwithstanding anything to the contrary in the preceding two three sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B) 4.01 and (ii)(D) below4.01) shall not be required if in the RecipientLender’s reasonable judgment such completion, execution or submission would subject such Recipient Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such RecipientLender.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower Parties and the to Administrative Agent, at the time or times reasonably requested by the Lead a Borrower Party or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower Parties or the Administrative Agent as will permit such payments payment to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead Borrower Parties or the Administrative Agent as will enable the Lead Borrower Parties or the Administrative Agent to determine whether or not such Recipient 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 in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B) and (ii)(D) below4.01(e)(ii)(D)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Lender’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower Parties and to the Administrative Agent, at the time or times reasonably requested by the Lead a Borrower Party or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower Parties or the Administrative Agent as will permit such payments payment to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead Borrower Parties or the Administrative Agent as will enable the Lead Borrower Parties or the Administrative Agent to determine whether or not such Recipient 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 in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B) and (ii)(D) below4.01(e)(ii)(D)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that, such Lender’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower Parties and the to Administrative Agent, at the time or times reasonably requested by the Lead a Borrower Party or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower Parties or the Administrative Agent as will permit such payments payment to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead Borrower Parties or the Administrative Agent as will enable the Lead Borrower Parties or the Administrative Agent to determine whether or not such Recipient 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 in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B), 4.01(e)(ii)(D) and (ii)(D) below4.01(e)(ii)(E)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Lender’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower and the Administrative Agent, at the time or times reasonably requested by the Lead Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead a Borrower Party or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the 4890-4745-6322 v.15 80 taxing authorities of any jurisdiction or reasonably requested by the Lead a Borrower Party or the Administrative Agent as will enable the Lead such Borrower Party or the Administrative Agent to determine whether or not such Recipient is subject to backup withholding or information reporting requirements. A Liquidity Provider that is a Foreign Recipient shall not be entitled to the benefits of this Section 4.01 unless Borrower is notified of the Liquidity Agreement and consents to such benefits and such Liquidity Provider, for the benefit of the Borrower Parties, complies with this Section 4.01. Notwithstanding anything to the contrary in the preceding two three sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B) and (ii)(D) below4.01(e)(ii)(D)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Recipient’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.

Status of Recipients; Tax Documentation. (i) Any Recipient that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Lead Borrower and the Administrative Agent, at the time or times reasonably requested by the Lead Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Lead Borrower Xxxxxxxx or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Recipient, if reasonably requested by the Lead a Borrower Party or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Lead a Borrower Party or the Administrative Agent as will enable the Lead such Borrower Party or the Administrative Agent to determine whether or not such Recipient is subject to backup withholding or information reporting requirements. A Liquidity Provider that is a Foreign Recipient shall not be entitled to the benefits of this Section 4.01 unless Borrower is notified of the Liquidity Agreement and consents to such benefits and such Liquidity Provider, for the benefit of the Borrower Parties, complies with this Section 4.01. Notwithstanding anything to the contrary in the preceding two three sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 3.01(e)(ii)(ASections 4.01(e)(ii)(A), (ii)(B4.01(e)(ii)(B) and (ii)(D) below4.01(e)(ii)(D)) shall not be required if in the Recipient’s reasonable judgment such completion, execution or submission would subject such Recipient to any material unreimbursed cost or expense (provided that such Recipient’s internal costs of completing, executing or submitting such documentation shall not be considered to be material unreimbursed costs or expenses) or would materially prejudice the legal or commercial position of such Recipient.