Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 47 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.
Appears in 8 contracts
Samples: Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Medallion Financial Corp), Junior Subordinated Indenture (Levitt Corp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts (other than payments of principal) payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Mercantile Bancorp, Inc.), Junior Subordinated Indenture (Monarch Financial Holdings, Inc.), Junior Subordinated Indenture (Greater Bay Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (Coastal Bancorp Inc)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 55
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Matrix Bancorp Inc), Junior Subordinated Indenture (Bank of Kentucky Financial Corp), Junior Subordinated Indenture (Local Financial Corp /Nv)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. ARTICLE XI
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Georgia Bancshares Inc//), Junior Subordinated Indenture (Simmons First National Corp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 57
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 56 Exhibit D
Appears in 2 contracts
Samples: Trust Agreement (United Community Bancorp), Trust Agreement (United Community Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 56
Appears in 2 contracts
Samples: Junior Subordinated Indenture (United Community Bancorp), Junior Subordinated Indenture (United Community Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.. 57
Appears in 1 contract
Samples: Junior Subordinated Indenture (MortgageIT Holdings, Inc.)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments orof principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Southcoast Financial Corp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service 58 Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Junior Subordinated Indenture (United Bancorp Inc /Oh/)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposes.withholding tax. EXHIBIT D ARTICLE XI
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposes.withholding tax. EXHIBIT D
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal United States Federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal United States Federal income tax purposes.. ARTICLE XI
Appears in 1 contract
Samples: Junior Subordinated Indenture (State National Bancshares, Inc.)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. -57- 64 ARTICLE XI
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 58
Appears in 1 contract
Samples: Junior Subordinated Indenture (Capital Bancorp Inc)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposeswithholding tax.
Appears in 1 contract
