Common use of Tax Withholding Forms Clause in Contracts

Tax Withholding Forms. Each Lender or Purchasing Lender or Participant 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 Administrative Agent two (2) duly completed copies of the following: (i) Internal Revenue Service Form W-9 or W-8 and 4224 or 1001, or other applicable form prescribed by the Internal Revenue Service, certifying that such Lender, Purchasing Lender or Participant is entitled to receive payments under this Agreement and the other Credit 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) a certificate of the Lender, Purchasing Lender or Participant indicating that no such exemption or reduced rate is allowable with respect to such payments. Each Purchasing Lender or Participant shall deliver such form or certificate on or before the Effective Date of such assignment or participation. Each Lender, 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 Administrative 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 Administrative Agent, either certifying that such Lender, Purchasing Lender or Participant is entitled to receive payments under this Agreement and the other Credit 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 Administrative Agent shall be entitled to withhold United States Federal income taxes at the full withholding rate unless the Lender, Purchasing Lender or Participant establishes an exemption or that it is subject to a reduced rate as established pursuant to the above provisions.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

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Tax Withholding Forms. Each Lender Bank or Purchasing Lender assignee or Participant 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 Administrative Agent two (2) duly completed copies of the following: (i) Internal Revenue Service Form W-9 or W-8 and W-9, 4224 or 1001, or other applicable form prescribed by the Internal Revenue Service, certifying that such LenderBank, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 LenderBank, Purchasing Lender assignee or Participant participant indicating that no such exemption or reduced rate is allowable with respect to such payments. Each Purchasing Lender assignee or Participant participant shall deliver such form or certificate on or before the Effective Date effective date of such assignment or participation. Each LenderBank, 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 Administrative 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 Administrative Agent, either certifying that such LenderBank, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 Administrative Agent shall be entitled to withhold United States Federal federal income taxes at the full withholding rate unless the LenderBank, Purchasing Lender assignee or Participant participant establishes an exemption or that it is subject to a reduced rate as established pursuant to the above provisions.

Appears in 1 contract

Samples: Credit Agreement (Cooper Tire & Rubber Co)

Tax Withholding Forms. Each Lender or Purchasing assignee or participant of a Lender or Participant 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 Company and the Administrative Agent two (2) duly completed copies of the following: (i) Internal Revenue Service Form W-9 or W-8 and W-9, 4224 or 1001, or other applicable form prescribed by the Internal Revenue Service, certifying that such Lender, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 117 or a certificate of the Lender, Purchasing Lender assignee or Participant participant indicating that no such exemption or reduced rate is allowable with respect to such payments. Each Purchasing Lender assignee or Participant participant shall deliver such form or certificate on or before the Effective Date effective date of such assignment or participation. Each Lender, assignee or participant which so delivers a Form W-8, W-9, 4224 or 1001 further undertakes to deliver to each of the Borrower Company and the Administrative 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 Company or the Administrative Agent, either certifying that such Lender, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 Administrative Agent shall be entitled to withhold United States Federal federal income taxes at the full withholding rate unless the Lender, Purchasing Lender assignee or Participant participant establishes an exemption or that it is subject to a reduced rate as established pursuant to the above provisions.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

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Tax Withholding Forms. Each Lender or Purchasing assignee or participant of a Lender or Participant 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 Company and the Administrative Agent two (2) duly completed copies of the following: (i) Internal Revenue Service Form W-9 or W-8 and W-9, 4224 or 1001, or other applicable form prescribed by the Internal Revenue Service, certifying that such Lender, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 Lender, Purchasing Lender assignee or Participant participant indicating that no such exemption or reduced rate is allowable with respect to such payments. Each Purchasing Lender assignee or Participant participant shall deliver such form or certificate on or before the Effective Date effective date of such assignment or participation. Each Lender, assignee or participant which so delivers a Form W-8, W-9, 4224 or 1001 further undertakes to deliver to each of the Borrower Company and the Administrative 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 Company or the Administrative Agent, either certifying that such Lender, Purchasing Lender assignee or Participant participant is entitled to receive payments under this Agreement and the other Credit Loan Documents without deduction or withholding of any United States Federal 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 Administrative Agent shall be entitled to withhold United States Federal federal income taxes at the full withholding rate unless the Lender, Purchasing Lender assignee or Participant participant establishes an exemption or that it is subject to a reduced rate as established pursuant to the above provisions.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

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