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 Borrower Parties and Administrative Agent, at the time or times reasonably requested by the Borrower Parties or Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower Parties or 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 Borrower Parties or Administrative Agent, shall deliver such other documentation prescribed by applicable Law or reasonably requested by the Borrower Parties or Administrative Agent as will enable the Borrower Parties or 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 Sections 4.01(e)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D) and 4.01(e)(ii)(E)) shall not be required if in a 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 Borrower Parties and Administrative Agent, at the time or times reasonably requested by the Borrower Parties or Administrative Agent, such properly completed and executed documentation prescribed by applicable Law or the taxing authorities of a jurisdiction pursuant to applicable Law or reasonably requested by the Borrower Parties or 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 Borrower Parties or Administrative Agent, shall deliver such other documentation prescribed by applicable Law or reasonably requested by the Borrower Parties or Administrative Agent as will enable the Borrower Parties or Administrative Agent to determine whether or not such Recipient is subject to backup withholding or information reporting requirements and to enable Borrower or Administrative Agent to comply with such 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 Sections 4.01(e)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D) and 4.01(e)(ii)(E4.01(e)(ii)(D)) shall not be required if in a 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 Borrower Parties and Administrative applicable Withholding Agent, at the time or times reasonably requested by the Borrower Parties or Administrative such Withholding Agent, such properly completed and executed documentation reasonably requested by the Borrower Parties or Administrative Withholding 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 Borrower Parties or Administrative applicable Withholding Agent, shall deliver such other documentation prescribed by applicable any Requirement of Law or reasonably requested by the Borrower Parties or Administrative applicable Withholding Agent as will enable the Borrower Parties or 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 the documentation set forth in Sections 4.01(e)(ii)(ASection 2.8(a)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D(ii)(B) and 4.01(e)(ii)(E(ii)(D)) shall not be required if in a 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 Domestic Borrower Parties and Administrative the Agent, at the time or times reasonably requested by the Domestic Borrower Parties or Administrative the Agent, such properly completed and executed documentation reasonably requested by the Domestic Borrower Parties or Administrative 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 Domestic Borrower Parties or Administrative the Agent, shall deliver such other documentation prescribed by applicable Law or reasonably requested by the Domestic Borrower Parties or Administrative the Agent as will enable the Domestic Borrower Parties or Administrative 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 Sections 4.01(e)(ii)(ASection 3.01(e)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D(ii)(B) and 4.01(e)(ii)(E)(ii)(D) below) shall not be required if in a 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 Borrower Parties and to Administrative Agent, at the time or times reasonably requested by the a Borrower Parties Party or Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower Parties or 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 Borrower Parties or Administrative Agent, shall deliver such other documentation prescribed by applicable Law Law, by the taxing authorities of any jurisdiction or reasonably requested by the Borrower Parties or Administrative Agent as will enable the Borrower Parties or 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 Sections 4.01(e)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D) and 4.01(e)(ii)(E)) shall not be required if in a 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.. 4839-3568-8659 v.44820-4713-6753 v.6

Status of Recipients; Tax Documentation. (iv) 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 Borrower Parties and the Administrative Agent, at the time or times reasonably requested by the Borrower Parties or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower Parties 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 Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law law or reasonably requested by the Borrower Parties or the Administrative Agent as will enable the 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 Sections 4.01(e)(ii)(ASection 3.01(e)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D(ii)(B) and 4.01(e)(ii)(E)(ii)(D) below) shall not be required if in a 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 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 Parent Borrower Parties and the Administrative Agent, at the time or times reasonably requested by the Parent Borrower Parties or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Parent Borrower Parties or the Administrative 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 Parent Borrower Parties or the Administrative Agent, shall deliver such other documentation prescribed by applicable Law law or reasonably requested by the Parent Borrower Parties or the Administrative Agent as will enable the Parent Borrower Parties or the Administrative Agent to determine whether or not such Recipient 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 in Sections 4.01(e)(ii)(ASection 3.01(g)(ii)(A), 4.01(e)(ii)(B), 4.01(e)(ii)(D(ii)(B) and 4.01(e)(ii)(E)(ii)(D) below) shall not be required if in a Recipientthe Lender’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.