Status of the Bank. The Bank shall possess full juridical personality and, in particular, the full legal capacity:
Status of the Bank. The Bank shall possess full juridical personality, and, in particular, the capacity: (i) to contract; (ii) to acquire and dispose of immovable and movable property; (iii) to institute legal proceedings.
Status of the Bank. The Bank shall be and shall remain an independent Contractor with respect to all services performed hereunder and agrees to and does accept full and exclusive responsibility for the provision of the services in accordance with this Agreement.
Status of the Bank. The Bank shall possess full legal personality and, in particular, the full legal capacity: (i) to contract; (ii) to acquire, and dispose of, immovable and movable property; and (iii) to institute legal proceedings. Article 46. Position of the Bank with regard to judicial process Actions may be brought against the Bank only in a court of competent jurisdiction in the territory of a country in which the Bank has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank. Article 47. Immunity of assets from seizure Property and assets of the Bank, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action. Article 48. Immunity of archives The archives of the Bank, and in general all documents belonging to it or held by it, shall be inviolable. Article 49. Freedom of assets from restrictions To the extent necessary to carry out the purpose and functions of the Bank and subject to the provisions of this Agreement, all property and assets of the Bank shall be free from restrictions, regulations, controls and moratoria of any nature. Article 50.
Status of the Bank. The services of the Bank to the Fund are not to be deemed exclusive, and the Bank shall be free to render similar services to others. The Bank shall be deemed to be an independent contractor and shall, unless otherwise expressly provided herein or authorized by the Fund from time to time, have no authority to act or represent the Fund in any way or otherwise be deemed an agent of the Fund.
Status of the Bank. (i) If the Bank or any Participant is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any FAL LC Document, the Bank or such Participant, as applicable, 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 Bank and each Participant, 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 Bank or any Participant 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 3.3.5(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the reasonable judgment of the Bank or a Participant (as applicable) such completion, execution or submission would subject the Bank or such Participant to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Bank or such Participant. (ii) Without limiting the generality of the foregoing: (A) if a Participant is a U.S. Person, it shall deliver to the Borrower on the date it acquires its participation (and from time to time thereafter upon the reasonable request of the Borrower), executed originals of IRS Form W-9 certifying that the Participant is exempt from U.S. federal backup withholding tax; (B) the Bank shall and, if a Participant is not a U.S. Person, it shall, to the extent it is legally entitled to do so, deliver to the Borrower on or prior to the date of this Agreement (in the case of the Bank) or on the date it acquires its participation (in the case of a Participant) (and in either case from time to time thereafter upon the reasonable request of the Borrower), whichever of the following is applicable:
Status of the Bank. (i) If the Bank or any Participant is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any FAL LC Document, the Bank or such Participant, as applicable, 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 Bank and each Participant, 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 Bank or any Participant 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 3.3.5(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the reasonable judgment of the Bank or a Participant (as applicable) such completion, execution or submission would subject the Bank or such Participant to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Bank or such Participant.
