Withholding Tax Exemption. Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Date and (ii) the date such Bank becomes a Bank under this Agreement and (b) thereafter, for each taxable year of such Bank (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.11
Appears in 2 contracts
Samples: Credit Agreement (Masco Corp /De/), Credit Agreement (Mascotech Inc)
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224W-8ECI) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8ECI or Internal Revenue Service Form 1001 W-8BEN and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 W-8ECI or Form 1001W-8BEN, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.16.
Appears in 2 contracts
Samples: Credit Agreement (Ap Holdings Inc), Credit Agreement (Apcoa Standard Parking Inc /De/)
Withholding Tax Exemption. Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank becomes a Bank under this Agreement and (b) thereafter, for each taxable year of such Bank (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.113.4.
Appears in 2 contracts
Samples: Loan Agreement (Invacare Corp), Assumption Agreement (Invacare Corp)
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.15.
Appears in 1 contract
Withholding Tax Exemption. (a) Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the CompanyBorrower, in duplicate, (ai) on or before the later of (iA) the Closing Effective Date and (iiB) the date such Bank becomes a Bank under this Agreement and (bii) thereafter, for each taxable year renewals or additional copies of such Bank form (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other successor form) during which interest on or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and before the Notes are receiveddate such form expires or becomes obsolete, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (ai), on or prior to the immediately following due date of any payment by the Company Borrower hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8BEN or Internal Revenue Service Form 1001 W-8ECI and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Internal Revenue Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company Borrower that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 W-8BEN or Form 1001W-8ECI, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company Borrower of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.11.
Appears in 1 contract
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224W-8ECI) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8ECI or Internal Revenue Service Form 1001 W-8BEN and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such Bank's Lender’s failure to complete and execute such Form 4224 W-8ECI or Form 1001W-8BEN, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.16.
Appears in 1 contract
Withholding Tax Exemption. (a) Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (ai) on or before the later of (iA) the Closing Effective Date and (iiB) the date such Bank becomes a Bank under this Agreement and (bii) thereafter, for each taxable year renewals or additional copies of such Bank form (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other successor form) during which interest on or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and before the Notes are receiveddate such form expires or becomes obsolete, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (ai), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8BEN or Internal Revenue Service Form 1001 W-8ECI and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Internal Revenue Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 W-8BEN or Form 1001W-8ECI, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.12.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Withholding Tax Exemption. (a) Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (ai) on or before the later of (iA) the Closing Effective Date and (iiB) the date such Bank becomes a Bank under this Agreement and (bii) thereafter, for each taxable year renewals or additional copies of such Bank form (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other successor form) during which interest on or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and before the Notes are receiveddate such form expires or becomes obsolete, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (ai), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8BEN or Internal Revenue Service Form 1001 W-8ECI and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Internal Revenue Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 W-8BEN or Form 1001W-8ECI, or Form 54 W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.11.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Administrative Agent and the CompanyBorrowers, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company any Borrower hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company any Borrower that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company any Borrower of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.11.
Appears in 1 contract
Samples: Guaranty Agreement (Iae Inc)
Withholding Tax Exemption. Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Administrative Agent and the CompanyBorrowers, in duplicate, (a) on or before the later of (i) the Closing Date and (ii) the date such Bank becomes a Bank under this Agreement and Agreement, (b) thereafter, for each taxable year of on the date such Bank becomes an Alternate Currency Bank with respect to an Alternate Currency and (in the case of a Form 4224c) or for each third taxable year of such Bank (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, thereafter as frequently as required by applicable law unless not legally able to do so as a result of a change in United States income applicable tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a) or (b), as applicable, on or prior to the immediately following due date of any payment by the Company Borrowers hereunder, a properly completed and executed copy of any form, certification or similar documentation, if any, necessary for claiming complete exemption from withholding taxes, including in the case of taxes imposed by the United States, either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company Borrowers that the form so filed will be true and complete; provided that such Bank's failure to complete complete, execute and execute file such Form 4224 form, certification or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) similar documentation shall not relieve the Company Borrowers of any of its their obligations under this Agreement, except as otherwise provided in this other than their obligation under Section 10.115.3(a) with respect to increased costs that are a result of such failure.
Appears in 1 contract
Samples: Credit Agreement (Masco Corp /De/)
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.16.
Appears in 1 contract
Samples: Credit Agreement (Key Plastics Inc)
Withholding Tax Exemption. (a) Each Bank that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (ai) on or before the later of (iA) the Closing Effective Date and (iiB) the date such Bank becomes a Bank under this Agreement and (bii) thereafter, for each taxable year renewals or additional copies of such Bank form (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other successor form) during which interest on or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and before the Notes are receiveddate such form expires or becomes obsolete, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (ai), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8BEN or Internal Revenue Service Form 1001 W-8ECI and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Internal Revenue Code or other pronouncements of the United States Internal Revenue Service, and such Bank warrants to the Company that the form so filed will be true and complete; provided that such Bank's failure to complete and execute such Form 4224 W-8BEN or Form 1001W-8ECI, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company 50 of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.11.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Withholding Tax Exemption. Each Bank Lender that is not organized and incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year of such Bank Lender (in the case of a Form 4224) or for each third taxable year of such Bank Lender (in the case of any other form) during which interest or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and the Notes are received, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 or Internal Revenue Service Form 1001 and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 or Form 1001, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.117.16.
Appears in 1 contract
Withholding Tax Exemption. Each Bank Lender that is not organized and ------------------------- incorporated under the laws of the United States or any State thereof agrees to file with the Agent and the Company, in duplicate, (a) on or before the later of (i) the Closing Effective Date and (ii) the date such Bank Lender becomes a Bank Lender under this Agreement and (b) thereafter, for each taxable year renewals or additional copies of such Bank form (in the case of a Form 4224) or for each third taxable year of such Bank (in the case of any other successor form) during which interest on or fees arising under this MASCOTECH, INC. CREDIT AGREEMENT Agreement and before the Notes are receiveddate such form expires or becomes obsolete, unless not legally able to do so as a result of a change in United States income tax law enacted, or treaty promulgated, after the date specified in the preceding clause (a), on or prior to the immediately following due date of any payment by the Company hereunder, a properly completed and executed copy of either Internal Revenue Service Form 4224 W-8BEN or Internal Revenue Service Form 1001 W-8ECI and Internal Revenue Service Form W-8 or Internal Revenue Service Form W-9 and any additional form necessary for claiming complete exemption from United States withholding taxes (or such other form as is required to claim complete exemption from United Unites States withholding taxes), if and as provided by the Internal Revenue Code or other pronouncements of the United States Internal Revenue Service, and such Bank Lender warrants to the Company that the form so filed will be true and complete; provided that such BankLender's failure to complete and execute such Form 4224 W-8BEN or -------- Form 1001W-8ECI, or Form W-8 or Form W-9, as the case may be, and any such additional form (or any successor form or forms) shall not relieve the Company of any of its obligations under this Agreement, except as otherwise provided in this Section 10.1113.16.
Appears in 1 contract