Common use of United States Withholding Taxes Clause in Contracts

United States Withholding Taxes. Without limiting the provisions of subsection (e) of this Section 3.01, any Lender or Participant that is entitled to an exemption from, or reduction of, United States withholding tax with respect to any payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall, as applicable, deliver to the Borrower and the Administrative Agent (or, in the case of a Participant, to the Lender granting the participation only) in such number of copies as shall be requested by the recipient on or prior to the date on which such Lender or Participant becomes a Lender or Participant under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent or Lender granting the participation), whichever of the following is applicable: (i) duly completed copies of IRS Form W-8BEN claiming eligibility for benefits of an income tax treaty to which the United States is a party, (ii) duly completed copies of IRS Form W-8ECI, (iii) duly completed copies of IRS Form W-8IMY (with proper attachments, (iv) in the case of a Lender or Participant that is entitled to claim the benefits of the exemption for portfolio interest under section 881(c) of the Code, (x) a statement of the Lender or Participant, signed under penalty or perjury, to the effect that such Lender or Participant is not (A) a “bank” within the meaning of section 881(c)(3)(A) of the Code, (B) a “10 percent shareholder” of the Borrower within the meaning of section 881(c)(3)(B) of the Code, or (C) a “controlled foreign corporation” described in section 881(c)(3)(C) of the Code and (y) duly completed copies of IRS Form W-8BEN or Form W-8IMY (with proper attachments), (v) duly completed copies of IRS Form W-9, or (vi) any other form prescribed by applicable Law as a basis for claiming exemption from or a reduction in United States Federal withholding tax duly completed together with such supplementary documentation as may be prescribed by applicable Law to permit the Borrower (or Lender granting the participation) to determine the withholding or deduction required to be made.

United States Withholding Taxes. Without limiting the provisions of subsection (ed) of this Section 3.01, any Lender or Participant that is entitled to an exemption from, or reduction of, United States withholding tax with respect to any payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall, as applicable, shall deliver to the Borrower and the Administrative Agent (or, in the case of a Participant, to the Lender granting the participation only) in such number of copies as shall be requested by the recipient on or prior to the date on which such Lender or Participant becomes a Lender or Participant under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent or Lender granting the participation), whichever of the following is applicable: (i) duly completed copies of IRS Form W-8BEN claiming eligibility for benefits of an income tax treaty to which the United States is a party, (ii) duly completed copies of IRS Form W-8ECI, (iii) duly completed copies of IRS Form W-8IMY (with proper attachments, (iv) in the case of a Lender or Participant that is entitled to claim the benefits of the exemption for portfolio interest under section 881(c) of the Code, (x) a statement of the Lender or Participant, signed under penalty or perjury, to the effect that such Lender or Participant is not (A) a “bank” within the meaning of section 881(c)(3)(A) of the Code, (B) a “10 percent shareholder” of the Borrower within the meaning of section 881(c)(3)(B) of the Code, or (C) a “controlled foreign corporation” described in section 881(c)(3)(C) of the Code and (y) duly completed copies of IRS Form W-8BEN or Form W-8IMY (with proper attachments), ) (v) duly completed copies of IRS Form W-9, or (vi) any other form prescribed by applicable Law as a basis for claiming exemption from or a reduction in United States Federal withholding tax duly completed together with such supplementary documentation as may be prescribed by applicable Law to permit the Borrower (or Lender granting the participation) to determine the withholding or deduction required to be made.

United States Withholding Taxes. Without limiting the provisions of subsection (ed) of this Section 3.01, any Lender or Participant that is entitled to an exemption from, or reduction of, United States withholding tax with respect to any payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall, as applicable, shall deliver to the Borrower and the Administrative Agent (or, in the case of a Participant, to the Lender granting the participation only) in such number of copies as shall be requested by the recipient on or prior to the date on which such Lender or Participant becomes a Lender or Participant under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent or Lender granting the participation), whichever of the following is applicable: (i) duly completed copies of IRS Form W-8BEN claiming eligibility for benefits of an income tax treaty to which the United States is a party, (ii) duly completed copies of IRS Form W-8ECI, (iii) duly completed copies of IRS Form W-8IMY (with proper attachments, (iv) in the case of a Lender or Participant that is entitled to claim the benefits of the exemption for portfolio interest under section 881(c) of the Code, (x) a statement of the Lender or Participant, signed under penalty or perjury, to the effect that such Lender or Participant is not (A) a “bank” within the meaning of section 881(c)(3)(A) of the Code, (B) a “10 percent shareholder” of the Borrower within the meaning of section 881(c)(3)(B) of the Code, or (C) a “controlled foreign corporation” described in section 881(c)(3)(C) of the Code and (y) duly completed copies of IRS Form W-8BEN or Form W-8IMY (with proper attachments), (v) duly completed copies of IRS Form W-9, or (vi) any other form prescribed by applicable Law as a basis for claiming exemption from or a reduction in United States Federal withholding tax duly completed together with such supplementary documentation as may be prescribed by applicable Law to permit the Borrower (or Lender granting the participation) to determine the withholding or deduction required to be made, including information relating to compliance with Section 1471 or 1472 of the Code and any regulations promulgated thereunder and any interpretation or other guidance issued in connection therewith.