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-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 20 contracts
Samples: Junior Subordinated Indenture (Wilshire Bancorp Inc), Junior Subordinated Indenture (First Acceptance Corp /De/), Junior Subordinated Indenture (Independent Bank Corp /Mi/)
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 Subject to Section 3.11(b), 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, or any other applicable form establishing a complete exemption from U.S. withholding tax.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc)
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 and back-up 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, or any other applicable form establishing a complete exemption from U.S. withholding and back-up withholding tax.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Flagstone Reinsurance Holdings LTD), Junior Subordinated Indenture (Flagstone Reinsurance Holdings LTD)
Treatment of Securities. The Company will treat the Securities as indebtednessindebtedness of the Company, 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 purposespurposes unless otherwise required by law. 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, or any other applicable form establishing a complete exemption from U.S. withholding tax unless otherwise required by law.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (Great Wolf Resorts, Inc.)
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-9 or W-8BEN W8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Mercantile Bancorp, Inc.)
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-9 or W-8BEN (or any substitute or successor form) to the Trustee, the Company or the Administrative Trustees establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
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-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.. ARTICLE XI
Appears in 1 contract
Samples: Junior Subordinated Indenture (Stifel Financial Corp)
