Tax Withholding Forms. The Administrative Agent shall have received a properly completed and signed IRS Form W-8 or W-9, as applicable, for each Loan Party.
Tax Withholding Forms. Each Bank or assignee or participant of a Bank that is not incorporated under the Laws of the United States of America or a state thereof agrees that it will deliver to each of the Borrower and the Agent two (2) duly completed copies of the following: (i) Internal Revenue Service Form W-9, 4224 or 1001, or other applicable form prescribed by the Internal Revenue Service, certifying that such Bank, assignee or participant is entitled to receive payments under this Agreement and the other Loan Documents without deduction or withholding of any United States federal income taxes, or is subject to such tax at a reduced rate under an applicable tax treaty, or (ii) Internal Revenue Service Form W-8 or other applicable form or a certificate of the Bank, assignee or participant indicating that no such exemption or reduced rate is allowable with respect to such payments. Each assignee or participant shall deliver such form or certificate on or before the effective date of such assignment or participation. Each Bank, assignee or participant which so delivers a Form W-8, W-9, 4224 or 1001 further undertakes to deliver to each of the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date that such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, either certifying that such Bank, assignee or participant is entitled to receive payments under this Agreement and the other Loan Documents without deduction or withholding of any United States federal income taxes or is subject to such tax at a reduced rate under an applicable tax treaty or stating that no such exemption or reduced rate is allowable. The Agent shall be entitled to withhold United States federal income taxes at the full withholding rate unless the Bank, assignee or participant establishes an exemption or that it is subject to a reduced rate as established pursuant to the above provisions.
Tax Withholding Forms. Trailblazer shall have delivered to Newco and to Investor (i) a non-foreign affidavit, dated as of the Closing, sworn under penalty of perjury and in form and substance required under the Treasury Regulations issued pursuant to Code Section 1445 stating that it is not a “Foreign Person” as defined in Section 1445 of the Code, and (ii) a properly completed and duly executed IRS Form W-9.
Tax Withholding Forms. Parent shall have received, from each Stockholder, IRS Form W-9, Form W-8BEN, Form W-8ECI, or other applicable form, as appropriate, establishing exemption from any backup or income Tax withholding on the Merger Consideration.
Tax Withholding Forms. (A) A properly completed and duly executed IRS Form W-9 from Seller and (B) a certification from Seller certifying that Seller is not a “foreign person” (within the meaning of Section 1445 of the Code), which affidavit shall be dated as of the Closing Date, signed under penalties of perjury and in form and substance in accordance with the provisions of Treasury Regulations Section 1.1445-2(b);
Tax Withholding Forms. (A) An affidavit from each Seller certifying that such Seller is not a “foreign person” (within the meaning of Section 1445 of the Code), which affidavits shall be dated as of the Closing Date, signed under penalties of perjury and in form and substance in accordance with the provisions of Treasury Regulation Section 1.1445-2(b); (B) a properly completed and duly executed IRS Form W-9 from each Seller, each in form and substance reasonably satisfactory to Buyer; and (C) a certificate dated as of the Closing Date duly executed by Beacon satisfying the requirements set forth in Treasury Regulation Sections 1.1445-2(c)(3) and 1.897-2(h), certifying that Beacon is not nor has been a “United States real property holding corporation” (as defined in Section 897 of the Code) at any time during the five years preceding the date of the certificate and a notice duly executed by Beacon, to the IRS in accordance with the requirements of Treasury Regulation Section 1.897-2(h)(2) in form and substance reasonably satisfactory to Buyer;
Tax Withholding Forms. 42 12.20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SCHEDULE Schedule I Euro-Rate Margin, Commitment Fee Rate, Facility Fee Rate Page Schedule II Commitments and Addresses of Lenders EXHIBITS Exhibit A-1 Form of Tranche A Note Exhibit A-2 Form of Tranche B Note Exhibit A-3 Form of Swing Note Exhibit B Form of Revolving Credit Loan Request Exhibit C Form of Swing Loan Request Exhibit D Form of Swing Loan Participation Certificate Exhibit E Form of Renewal/Conversion Notice Exhibit F Form of Guarantee Exhibit G Form of Security Agreement Exhibit H Form of Reassignment of Leases and Rents Exhibit I Form of Assignment of Contracts Exhibit J Form of Assignment and Acceptance Exhibit K Guidelines re: Bankruptcy Remote Entities THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of November 22, 1995 and amended and restated as of October 17, 1997, among WILMINGTON TRUST COMPANY, not in its individual capacity except as expressly stated herein, but solely as Owner Trustee (the "Owner Trustee" or the "Borrower"), the several banks and other financial institutions from time to time parties to this Agreement (the "Lenders"), PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (the "Administrative Agent"), THE FIRST NATIONAL BANK OF CHICAGO, as syndication agent of the Lenders hereunder (the "Syndication Agent"), and BANKERS TRUST COMPANY, as real estate administrative agent for the Lenders hereunder (the "Real Estate Administrative Agent"; and together with the Administrative Agent and the Syndication Agent, collectively referred to as the "Agents").
