Common use of Treaty Filing Clause in Contracts

Treaty Filing. (i) Subject to clause (ii) below, a Treaty Lender and each Loan Party which makes a payment to which that Treaty Lender is entitled shall co-operate in completing any procedural formalities necessary for that Loan Party to obtain authorization to make that payment without a Tax Deduction. (ii) Nothing in clause (i) above shall require a Treaty Lender to: (A) register under the HMRC DT Treaty Passport scheme; or (B) apply the HMRC DT Treaty Passport scheme to any Loan if it has so registered. (iii) A Treaty Lender that: (x) becomes a Party on the date of this Agreement, (y) holds a passport under the HMRC DT Treaty Passport scheme, and (z) wishes that scheme to apply to this Agreement, shall confirm its scheme reference number and its jurisdiction of tax residence next to its signature on the relevant signature page hereto. A Treaty Lender that: (x) is a New Lender (as defined in Section 3.07 below), (y) holds a passport under the HMRC DT Treaty Passport scheme, and (z) wishes that scheme to apply to this Agreement, shall confirm its scheme reference number and its jurisdiction of tax residence in the Assignment and Assumption which it executes on becoming a Party. (iv) If a Lender has confirmed its scheme reference number and its jurisdiction of tax residence in accordance with clause (iii) above and (A) a Borrower making a payment to that Lender has not made a Borrower DTTP Filing in respect of that Lender; or (B) a Borrower making a payment to that Lender has made a Borrower DTTP Filing in respect of that Lender but: (1) that Borrower DTTP Filing has been rejected by H.M. Revenue & Customs; or

Treaty Filing. (i) Subject to clause (ii) below, a a. A UK Treaty Lender which is an Original Lender and each Loan Party which makes a payment to which that Treaty Lender is entitled shall co-operate in completing any procedural formalities necessary for that Loan Party to obtain authorization to make that payment without a Tax Deduction. (ii) Nothing in clause (i) above shall require a Treaty Lender to: (A) register under the HMRC DT Treaty Passport scheme; or (B) apply the HMRC DT Treaty Passport scheme to any Loan if it has so registered. (iii) A Treaty Lender that: (x) becomes a Party on the date of this Agreement, (y) holds a passport under the HMRC DT Treaty Passport scheme, and (z) which wishes that scheme to apply to this Agreement, shall confirm its scheme reference number and its jurisdiction of tax residence next to opposite its signature on the relevant signature page hereto. name in Schedule 1.1; and b. A UK Treaty Lender that: (x) which is a New not an Original Lender (as defined in Section 3.07 below), (y) and that holds a passport under the HMRC DT Treaty Passport scheme, and (z) which wishes that scheme to apply to this Agreement, shall confirm its scheme reference number and its jurisdiction of tax residence in the Assignment and Assumption documentation which it executes on becoming a Partyparty as a Lender, and, having sone so, that Lender shall be under no obligations pursuant to this Section 5. (iv) c. If a Lender has confirmed its scheme reference number and its jurisdiction of tax residence in accordance with clause (iii) above Section 5a and Section 5b above, and (A) i. a Borrower making a payment to that Lender Xxxxxx has not made a Borrower DTTP Filing in respect of that Lender; or (B) ii. a Borrower making a payment to that Lender Xxxxxx has made a Borrower DTTP Filing in respect of that Lender but: (1) A. that Borrower DTTP Filing has been rejected by H.M. Revenue & CustomsHMRC; B. HMRC has not given the Borrower authority to make payments to that Lender without any UK Withholding Tax within 60 days of the date of the Borrower DTTP Filing; or C. HMRC has given the Borrower authority to make payments to the Lender without any UK Withholding Tax, but such authority has subsequently been revoked or expired, and in each case, the Borrower has notified that Lender in writing, that Xxxxxx and the Borrower shall co-operate in completing any additional procedural formalities necessary for that Borrower to obtain authorization to make that payment without any UK Withholding Tax. d. If a Lender has not confirmed its scheme reference number and jurisdiction of tax residence in accordance with Section 5a and Section 5b above, no Borrower shall make a Borrower DTTP Filing or file any other form relating to the HMRC DT Treaty Passport scheme in respect of that Xxxxxx’s Commitment(s) or its participation in any Loan unless the Lender otherwise agrees. e. A Borrower shall, promptly on making a Borrower DTTP Filing, deliver a copy of that Borrower DTTP Filing to the Agent for delivery to the relevant Lender.