Withholding Tax Exemption. Each Foreign Bank agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service form, certifying that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 3 contracts
Samples: Credit Agreement (Tufco Technologies Inc), Credit Agreement (Tufco Technologies Inc), Credit Agreement (Tufco Technologies Inc)
Withholding Tax Exemption. Each Foreign The Bank agrees that it will to deliver to the Borrower and Company (if it has not already done so or if the Agent same have expired or become obsolete), at least three (3) Business Days before interest or fees first become payable hereunder for the account of the Bank, two (2) duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, in either case certifying that such whether the Bank is entitled to receive payments from under this Agreement and the Borrower under any Loan Document Note without deduction or withholding of any United States federal Federal income taxes. Each Foreign The Bank which so delivers such form further undertakes to deliver to the Borrower and the Agent Company two (2) additional copies of such form (or a successor form) on or before the date that such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the AgentCompany, in each case certifying that such Foreign whether the Bank is entitled to receive payments from under this Agreement and the Borrower under any Loan Document Note without deduction or withholding of any United States federal Federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign the Bank from duly completing and delivering any such form with respect to it and such Foreign the Bank advises the Borrower and the Agent Company that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Meditrust), Revolving Credit Agreement (Meditrust Corp), Revolving Credit Agreement (Meditrust)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 2 contracts
Samples: Credit Agreement (Jotan Inc), Credit Agreement (Richmont Marketing Specialists Inc)
Withholding Tax Exemption. Each Foreign Bank that is not ------------------------- incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 2 contracts
Samples: Credit Agreement (Cellstar Corp), Credit Agreement (Cellstar Corp)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower Parent and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224 (or any substitute or replacement thereof), certifying in either case that such Bank is entitled to receive payments from the any Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such a form further undertakes to deliver to the Borrower Parent and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower Parent or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the any Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower Parent and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 2 contracts
Samples: Credit Agreement (Marketing Specialists Corp), Credit Agreement (Marketing Specialists Corp)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Administrative Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Administrative Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Administrative Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Administrative Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 2 contracts
Samples: Credit Agreement (Magnum Hunter Resources Inc), Credit Agreement (Magnum Hunter Resources Inc)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.and
Appears in 1 contract
Samples: Security Agreement (Veritas DGC Inc)
Withholding Tax Exemption. Each Foreign Bank that is not organized under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service Form 1001 or 4224 (or a successor form), certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which that so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower Borrowers and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower Borrowers under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower Borrowers and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower Borrowers or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower Borrowers under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower Borrowers and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated or otherwise formed under the Laws of the U.S. or a state thereof agrees that it will will, prior to or on or about the Closing Date or the date upon which it becomes a party to this Agreement, deliver to the Borrower and the Administrative Agent two duly completed copies of the appropriate United States U.S. Internal Revenue Service formForm 1001, 4224 or W-8, as appropriate, certifying in any case that such Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes. Each Foreign Bank which so delivers such form a Form 1001, 4224 or W-8 further undertakes to deliver to the Borrower and the Administrative Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Administrative Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes, unless an event (including without limitation any change in treaty, law, Law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Administrative Agent that it is not capable of receiving such payments without any deduction or withholding of United States U.S. federal income tax.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Administrative Agent two (2) duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document Document, without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Administrative Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Administrative Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Administrative Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including including, without limitation limitation, any change in treaty, law, or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Withholding Tax Exemption. Each Foreign Bank that is not incorporated under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower Parent and the Agent two duly completed copies of the appropriate United States Internal Revenue Service formForm 1001 or 4224, certifying in either case that such Bank is entitled to receive payments from the Borrower Parent under any Loan Document without deduction or withholding of any United States federal income taxes. Each Foreign Bank which so delivers such form a Form 1001 or 4224 further undertakes to deliver to the Borrower Parent and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower Parent or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower Parent under any Loan Document without deduction or withholding of any United States federal income taxes, unless an event (including without limitation any change in treaty, law, law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower Parent and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States federal income tax.
Appears in 1 contract
Samples: Loan Agreement (Emcare Holdings Inc)
Withholding Tax Exemption. Each Foreign Bank that is not incorporated or otherwise formed under the Laws of the U.S. or a state thereof agrees that it will will, prior to or on or about the Closing Date or the date upon which it becomes a party to this Agreement, deliver to the Borrower and the Agent two duly completed copies of the appropriate United States U.S. Internal Revenue Service formForm 1001, 4224 or W-8, as appropriate, certifying in any case that such Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes. Each Foreign Bank which so delivers such form a Form 1001, 4224 or W-8 further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes, unless an event (including without limitation any change in treaty, law, Law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States U.S. federal income tax.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Withholding Tax Exemption. Each Foreign Bank that is notincorporated or otherwise formed under the Laws of the U.S. or a state thereof agrees that it will will, prior to or on or about the Closing Date or the date upon which it becomes a party to this Agreement, deliver to the Borrower and the Administrative Agent two duly completed copies of the appropriate United States U.S. Internal Revenue Service formForm 1001, 4224 or W-8, as appropriate, certifying in any case that such Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes. Each Foreign Bank which so delivers such form a Form 1001, 4224 or W-8 further undertakes to deliver to the Borrower and the Administrative Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Administrative Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document Paper without deduction or withholding of any United States U.S. federal income taxes, unless an event (including without limitation any change in treaty, law, Law or regulation) has occurred prior to the date on which any such delivery would otherwise be required which renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Administrative Agent that it is not capable of receiving such payments without any deduction or withholding of United States U.S. federal income tax.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Withholding Tax Exemption. Each Foreign Bank that is not organized under the laws of the United States of America or a state thereof agrees that it will deliver to the Borrower and the Agent two duly completed copies of the appropriate United States Internal Revenue Service form, Form certifying that such Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States of America federal income taxes. Each Foreign Bank which so delivers such a form further undertakes to deliver to the Borrower and the Agent two (2) additional copies of such form (or a successor form) on or before the date such form expires or becomes obsolete or after the occurrence of any event requiring a change in the most recent form so delivered by it, and such amendments thereto or extensions or renewals thereof as may be reasonably requested by the Borrower or the Agent, in each case certifying that such Foreign Bank is entitled to receive payments from the Borrower under any Loan Document without deduction or withholding of any United States of America federal income taxes, unless an event (including without limitation any change in treaty, law, or regulation) has occurred prior to the date on which any such delivery would otherwise be required which CREDIT AGREEMENT, Page 29 renders all such forms inapplicable or which would prevent such Foreign Bank from duly completing and delivering any such form with respect to it and such Foreign Bank advises the Borrower and the Agent that it is not capable of receiving such payments without any deduction or withholding of United States of America federal income tax.
Appears in 1 contract