Common use of Withholding Tax Clause in Contracts

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 58 contracts

Samples: Loan Agreement (Unova Inc), Credit Agreement (Unova Inc), Loan and Security Agreement (Centrum Industries Inc)

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Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 18 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Spansion Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 11 contracts

Samples: Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 8 contracts

Samples: Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. U. S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 6 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to shall deliver to the AgentAdministrative Agent and the Company:

Appears in 5 contracts

Samples: Credit Agreement (Rayovac Corp), Credit Agreement (Compass International Services Corp), Credit Agreement (Del Monte Foods Co)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Kforce Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 5 contracts

Samples: Term Loan Agreement, Term Loan Agreement (United Rentals Inc), Term Loan Agreement (United Rentals Inc /De)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims is eligible to claim exemption from, or a reduction of, the U.S. withholding tax under imposed by Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 3 contracts

Samples: Credit and Security Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Borrower and the Administrative Agent, to deliver to the Administrative Agent:

Appears in 3 contracts

Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Borrowers or the Agent, to deliver to the Borrowers, with a copy to the Agent:

Appears in 3 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax Tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 3 contracts

Samples: Term Loan Agreement (Venoco, Inc.), Credit Agreement (BMC, Ltd.), Credit Agreement (Venoco, Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 3 contracts

Samples: Credit Agreement (Coorstek Inc), Credit Agreement (North American Pipe Corp), Credit Agreement (Imperial Sugar Co /New/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code or if any Lender claims exemption from withholding tax pursuant to Section 871(h) or 881(c) of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 3 contracts

Samples: Credit Agreement (Nebco Evans Holding Co), Credit Agreement (Ameriserve Transportation Inc), Credit Agreement (Nebco Evans Holding Co)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 3 contracts

Samples: Warehousing Credit and Security Agreement (Sirva Inc), Term Loan Agreement (California Coastal Communities Inc), Entire Agreement (California Coastal Communities Inc)

Withholding Tax. (a) (i) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company, to deliver to the AgentAgent and the Company:

Appears in 3 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrowers, to deliver to the AgentAgent and the Borrowers:

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Internal Revenue Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Internal Revenue Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Borrowers:

Appears in 2 contracts

Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company, to deliver to the AgentAgent and the Company:

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Regis Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 2 contracts

Samples: Financing and Security Agreement (Dcap Group Inc), Financing and Security Agreement (Dcap Group Inc)

Withholding Tax. (a1) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Parent:

Appears in 2 contracts

Samples: Credit Agreement (Daisytek International Corporation /De/), Credit Agreement (Encore Medical Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Parent:

Appears in 2 contracts

Samples: Credit Agreement (Brown Shoe Co Inc/), Credit Agreement (Texas Petrochemical Holdings Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrower, to deliver to the Agent:Agent (with a copy to the Borrower):

Appears in 2 contracts

Samples: Credit Agreement (Cornerstone Propane Partners Lp), Credit Agreement (Star Gas Partners Lp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to shall deliver to the AgentAgent and the Company:

Appears in 2 contracts

Samples: Credit Agreement (Fiberite Holdings Inc), Credit Agreement (Air Cure Technologies Inc /De)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims is entitled to claim exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and Borrower, to deliver to the AgentAgent and Borrower:

Appears in 2 contracts

Samples: Revolving Credit Agreement (Forestar Group Inc.), Revolving and Term Credit Agreement (Forestar Group Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgents, to deliver to the AgentAgents and Xxxxx:

Appears in 2 contracts

Samples: Loan and Security Agreement (Ahern Rentals Inc), Loan and Security Agreement (Ahern Rentals Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company, to deliver to the Agent:

Appears in 2 contracts

Samples: Credit Agreement (Vans Inc), Credit Agreement (Vans Inc)

Withholding Tax. (a1) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 2 contracts

Samples: Loan and Security Agreement (Crown Group Inc /Tx/), Intercreditor Agreement (Boston Chicken Inc)

Withholding Tax. (a) If any U.S. Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such U.S. Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such U.S. Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 2 contracts

Samples: Credit Agreement (Lance Inc), Credit Agreement (Lance Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Post-Petition Agent, to deliver to the Post-Petition Agent:

Appears in 2 contracts

Samples: Superpriority Credit Agreement (Apw LTD), Credit Agreement (U S Aggregates Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrower, to deliver to the AgentAgent and the Borrower:

Appears in 2 contracts

Samples: Credit Agreement (Saks Inc), Loan and Security Agreement (Merisel Inc /De/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 2 contracts

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\), Credit Agreement (Truserv Corp)

Withholding Tax. (a) (i) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code (a “Foreign Lender”) and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrower, to deliver to the AgentAgent and the Borrower:

Appears in 2 contracts

Samples: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)

Withholding Tax. (a) If any Lender is a "foreign --------------- corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 2 contracts

Samples: Credit Agreement (Nova Corp \Ga\), Credit Agreement (Mail Well Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax Tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 2 contracts

Samples: Credit Agreement (Venoco, Inc.), Term Loan Agreement (Venoco, Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 2 contracts

Samples: Term Loan and Security Agreement (LDM Technologies Inc), Loan and Security Agreement (LDM Technologies Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 2 contracts

Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrower, to deliver to the AgentAgent and the Borrower:

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, from U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Tracinda Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAdministrative Agent and the Borrowers, to deliver to the Agent:Administrative Agent (with a copy to the Parent):

Appears in 1 contract

Samples: Credit Agreement (Hussmann International Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Security Agreement (Cone Mills Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Trylon Corp/Mi/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Borrowers' Representative:

Appears in 1 contract

Samples: Credit Agreement (Law Companies Group Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or Section 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code (or is otherwise not a United States Person within the meaning of Section 7701(a)(30) of the Code) and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and Borrowers, to deliver to the AgentAgent and Salant:

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Salant Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" (a "Foreign Lender") within the meaning of the Code and such Foreign Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Borrowers and the Agent, to deliver to the Parent and the Agent:

Appears in 1 contract

Samples: Credit Agreement (Gundle SLT Environmental Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender Xxxxxx agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Trend Lines Inc)

Withholding Tax. (a) a If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAdministrative Agent and the Company, to deliver to the AgentAdministrative Agent (with a copy to the Company:

Appears in 1 contract

Samples: Long Term Credit Agreement (Tenneco Packaging Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and to the Borrower:

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" trust within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Edison Brothers Stores Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, --------------- partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Withholding Tax. (a) 12.13.1 If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, of U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Harvey Entertainment Co)

Withholding Tax. (aa)(i) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code (a “Foreign Lender”) and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company, to deliver to the AgentAgent and the Company:

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to shall deliver to the AgentPaying Agent and the Borrowers:

Appears in 1 contract

Samples: Credit Agreement (Quality Food Centers Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the AgentAdministrative Agent and the Parent:

Appears in 1 contract

Samples: Credit Agreement (Txi Cement Co)

Withholding Tax. (a) If any Lender is a "foreign corporation, --------------- partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Agribiotech Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Cupertino Electric Inc)

Withholding Tax. (a) (i) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company, to deliver to the AgentAgent and the Company:

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and Borrower, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the AgentAdministrative Agent and the Parent:

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Air Group Inc)

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Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Lance Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Lead Agent, to deliver to the Lead Agent:

Appears in 1 contract

Samples: Senior Unsecured Revolving Credit Agreement (Wci Communities Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership " or "foreign partnership" or "foreign trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, of U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Reducing Revolving Loan Agreement (Grand Casinos Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, -------------------- partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:: NYDOCS01/1613908 39

Appears in 1 contract

Samples: Credit Agreement (Schwab Charles Corp)

Withholding Tax. (a1) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Participation Agreement (HCS Ii Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. U. S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Reimbursement and Senior Secured Credit Agreement (Salton Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, Administrative Agent to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims is entitled to claim exemption from, or a reduction of, U.S. withholding 120 Xxxxxx Xxxxxx xithholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and Borrower, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Revolving and Term Credit Agreement (Forestar Group Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trustperson" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Parent:

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Part 2 Credit Agreement (Nu Skin Enterprises Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Internal Revenue Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Internal Revenue Code, such Lender agrees with and in favor of the Collateral Agent, to deliver to the AgentCollateral Agent and the Borrowers:

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:: NYDOCS01/1362879.4

Appears in 1 contract

Samples: Credit Agreement (Schwab Charles Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, Administrative Agent to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Macdermid Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims may claim exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Withholding Tax. (a) If any Lender is a "foreign --------------- corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Withholding Tax. (a) If any Lender is a "foreign --------------- corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Administrative Agent, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and to Borrower, to deliver to the AgentAgent and to Borrower:

Appears in 1 contract

Samples: Credit Agreement (Abc Naco Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Company (such Lender's "Exemption Agreement"), to deliver to the AgentAgent and the Company:

Appears in 1 contract

Samples: Credit Agreement (Meyer Fred Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, of U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Loan Agreement (Stratosphere Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims shall be entitled to claim exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the CodeCode or otherwise, and such Lender agrees with and in favor of the AgentBorrower Representative, to deliver to the AgentBorrower Representative:

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Borrower:

Appears in 1 contract

Samples: Credit Agreement (Robertson Ceco Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, ---------------- partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and the Borrowers, to deliver to the AgentAgent and the Borrowers:

Appears in 1 contract

Samples: Loan and Security Agreement (Envirosource Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and the Borrower:

Appears in 1 contract

Samples: Credit Agreement (Spherion Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Collateral Agent, to deliver to the Collateral Agent:

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership partnership, or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or Section 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Intervoice Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentCo-Agents, to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent, with a copy to the Borrower:

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Tower Automotive Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Credit Agreement (Oregon Metallurgical Corp)

Withholding Tax. (a) (i) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code (a “Foreign Lender”) and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender Xxxxxx agrees with and in favor of the AgentAgent and the Company, to deliver to the AgentAgent and the Company:

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Withholding Tax. (a) If any Lender is a "foreign corporation", partnership "foreign partnership" or "foreign trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to shall deliver to the AgentAdministrative Agent and the Company:

Appears in 1 contract

Samples: Credit Agreement (American Disposal Services Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. United States withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Revolving and Term Credit Agreement (Forestar Real Estate Group Inc.)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, or if any Lender claims exemption from U.S. withholding tax under Sections 871(h) or 881(c) of the Code with respect to payments of "portfolio interest," such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Credit Agreement (Eps Solutions Corp)

Withholding Tax. (a) 20.20.1 If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, to deliver to the Agent:

Appears in 1 contract

Samples: Revolving Credit Construction Loan Agreement (Wci Communities Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections <411>Section 1441 or 1442 of the Code, such Lender agrees with and in favor of the Agent, Administrative Agent <412> to deliver to the Administrative Agent:

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Macdermid Inc)

Withholding Tax. (a) If any Lender is a "foreign corporation, partnership or trust" within the meaning of the Code (or is otherwise not a United States Person within the meaning of Section 7701(a)(30) of the Code) and such Lender claims exemption from, or a reduction of, U.S. withholding tax under Sections 1441 or 1442 of the Code, such Lender agrees with and in favor of the AgentAgent and Borrower, to deliver to the AgentAgent and Borrower:

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Salant Corp)

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