Common use of Status of the Lenders Clause in Contracts

Status of the Lenders. (i) Any 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 Borrowers and Administrative Agent, at the time or times reasonably requested by Borrowers or Administrative Agent, such properly completed and executed documentation reasonably requested by Borrowers or Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by Borrowers or Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrowers or Administrative Agent as will enable Borrowers or Administrative Agent 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 such documentation set forth in Section 4.01(f)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lender's reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 2 contracts

Samples: Lease Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging LP)

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Status of the Lenders. (i) Any 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 Borrowers the Company and the Administrative Agent, at the time or times reasonably requested by Borrowers the Company or the Administrative Agent, such properly completed and executed documentation reasonably requested by Borrowers the Company or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by Borrowers the Company or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrowers the Borrower or the Administrative Agent as will enable Borrowers the Company or the Administrative Agent 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 such documentation set forth in Section 4.01(f)(ii)(A2.17(f)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lender's ’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co)

Status of the Lenders. (i) i. Any 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 Borrowers the Company and the Administrative Agent, at the time or times reasonably requested by Borrowers the Company or the Administrative Agent, such properly completed and executed documentation reasonably requested by Borrowers the Company or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by Borrowers the Company or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrowers the Borrower or the Administrative Agent as will enable Borrowers the Company or the Administrative Agent 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 such documentation set forth in Section 4.01(f)(ii)(A2.17(f)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lender's ’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Credit Agreement (Matrix Service Co)

Status of the Lenders. (i) Any 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 Borrowers and Administrative the Agent, at the time or times reasonably requested by the Borrowers or Administrative the Agent, such properly completed and executed documentation reasonably requested by the Borrowers or Administrative the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by the Borrowers or Administrative the Agent, shall deliver such other documentation prescribed by applicable law Applicable Law or reasonably requested by the Borrowers or Administrative the Agent as will enable the Borrowers or Administrative the Agent 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 such documentation set forth in Section 4.01(f)(ii)(A5.11(g)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lender's ’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

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Status of the Lenders. (i) Any 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 Borrowers the Borrower and Administrative the Agent, at the time or times reasonably requested by Borrowers the Borrower or Administrative the Agent, such properly completed and executed documentation reasonably requested by Borrowers the Borrower or Administrative the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by Borrowers the Borrower or Administrative the Agent, shall deliver such other documentation prescribed by applicable law Applicable Law or reasonably requested by Borrowers the Borrower or Administrative the Agent as will enable Borrowers the Borrower or Administrative the Agent 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 such documentation set forth in Section 4.01(f)(ii)(A5.11(g)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lender's ’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

Status of the Lenders. (i) Any Lender that is Each Lender, if entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Transaction Document shall deliver to Borrowers the Borrower and Administrative the Agent, at the time or times reasonably requested by Borrowers the Borrower or Administrative the Agent, such properly completed and executed documentation reasonably requested by Borrowers the Borrower or Administrative the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested by Borrowers the Borrower or Administrative the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by Borrowers the Borrower or Administrative the Agent as will enable Borrowers the Borrower or Administrative the Agent 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 such documentation set forth in Section 4.01(f)(ii)(Asubclauses (f)(ii)(1), (ii)(Bf)(ii)(2) and (ii)(Df)(ii)(4) below) shall not be required if in the such Lender's ’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender (it being understood that providing any information required by any U.S. federal income tax withholding form as of the date of this Agreement shall not be considered prejudicial to the position of such Lender).

Appears in 1 contract

Samples: Credit Agreement (Carlyle AlpInvest Private Markets Fund)

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