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 the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the 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 Lender, if reasonably requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable Laws or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower 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 Sections 2.9(f)(ii)(a), 2.9(f)(ii)(b), and 2.9(f)(ii)(d) below) shall not be required in the Lender’s reasonable judgment, such completion, execution or submission would subject such Lender 38 ACTIVEUS 188979588v.10 to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)

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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 Document Transaction Document, shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Administrative Agent as will shall permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any each Lender, if reasonably requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable Laws Applicable Law or reasonably requested by the Borrower or the Administrative Agent as will shall enable the Borrower 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 Sections 2.9(f)(ii)(asub-clauses 2.07(f)(ii)(A), 2.9(f)(ii)(b), (ii)(B) and 2.9(f)(ii)(d(ii)(D) below) shall not be required if, in the such Lender’s reasonable judgment, such completion, execution or submission would subject such Lender 38 ACTIVEUS 188979588v.10 to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Loan Agreement (SmileDirectClub, 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 Document Transaction Document, shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Administrative Agent as will shall permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any each Lender, if reasonably requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable Laws Applicable Law or reasonably requested by the Borrower or the Administrative Agent as will shall enable the Borrower 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 Sections 2.9(f)(ii)(asub‑clauses 2.07(f)(ii)(A), 2.9(f)(ii)(b), (ii)(B) and 2.9(f)(ii)(d(ii)(D) below) shall not be required if, in the such Lender’s reasonable judgment, such completion, execution or submission would subject such Lender 38 ACTIVEUS 188979588v.10 to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Loan Agreement (SmileDirectClub, Inc.)

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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 Document Transaction Document, shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Administrative Agent as will shall permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any each Lender, if reasonably requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable Laws Applicable Law or reasonably requested by the Borrower or the Administrative Agent as will shall enable the Borrower 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 Sections 2.9(f)(ii)(asub-clauses 2.06(f)(ii)(A), 2.9(f)(ii)(b), (ii)(B) and 2.9(f)(ii)(d(ii)(D) below) shall not be required if, in the such Lender’s reasonable judgment, such completion, execution or submission would subject such Lender 38 ACTIVEUS 188979588v.10 to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (SmileDirectClub, Inc.)

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