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 a properly completed and executed Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) claiming a complete exemption from U.S. withholding tax, or any other applicable form establishing a complete exemption from U.S. withholding tax. Except as provided for in Section 3.1(g), to the extent that the Company is required to withhold and pay over any amounts to any jurisdiction with respect to payments of principal of or interest on the Securities, the amount withheld shall be deemed to be a payment to the Holder of, or owner of a beneficial interest in, such Securities.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Deerfield Capital Corp.), Junior Subordinated Indenture (Deerfield Capital 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 a properly completed and executed Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) claiming a complete exemption from U.S. withholding tax, or any other applicable form establishing a complete exemption from U.S. withholding tax. Except as provided for in Section 3.1(g), to To the extent that the Company is required to withhold and pay over any amounts to any jurisdiction with respect to payments of principal of or interest on the Securities, the amount withheld shall be deemed to be a payment to the Holder of, or owner of a beneficial interest in, such Securities.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Deerfield Triarc Capital Corp), Junior Subordinated Indenture (Deerfield Triarc Capital 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 a properly completed and executed Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) claiming a complete exemption from U.S. withholding tax, or any other applicable form establishing a complete exemption from U.S. withholding tax. Except as provided for in Section 3.1(g), to To the extent that the Company is required to withhold and an pay over any amounts to any jurisdiction with respect to payments of principal of or interest on the Securities, the amount withheld shall be deemed to be a payment to the Holder of, or owner of a beneficial interest in, such Securities.
Appears in 1 contract
Samples: Junior Subordinated Indenture (New York Mortgage Trust Inc)