BACK-UP WITHHOLDING. The Subscriber verifies under penalty of perjury that the Taxpayer Identification Number or Social Security Number shown on the signature page of this Subscription Agreement is true, correct and complete and that the Subscriber is not subject to backup withholding either (a) because the Subscriber has not been notified that it is subject to backup withholding as a result of a failure to report all interest or dividends or (b) because the U.S. Internal Revenue Service has notified the Subscriber that the Subscriber is no longer subject to backup withholding.
BACK-UP WITHHOLDING. Any amounts required by any governmental agencies to be withheld from any of the accounts associated with the Deposit Liabilities (the “Withholding Obligations”) will be handled as follows:
BACK-UP WITHHOLDING. Each Holder and Note Owner of a Purchase Money Note, by acceptance of such Purchase Money Note or its interest in such Purchase Money Note, shall be deemed to understand and acknowledge that failure to provide the Company, the Custodian or the Paying Agent with an originally executed version of the applicable U.S. federal income tax certifications (generally, an Internal Revenue Service Form W-9 (or successor applicable form) in the case of a person that is a U.S. Person or an appropriate Internal Revenue Service Form W-8 (or successor applicable form) in the case of a person that is not a U.S. Person) may result in U.S. federal back-up withholding from payments in respect of such Purchase Money Note.
BACK-UP WITHHOLDING. Under the Federal income tax law, a person surrendering Operating Units must provide the Agent with his correct taxpayer identification number (“TIN”) on Substitute Form W-9 below unless an exemption applies. If the correct TIN is not provided, a $50 penalty may be imposed by the Internal Revenue Service and payments made in exchange for the surrendered Operating Units may be subject to back-up withholding of that rate provided by the Federal income tax law (such rate being at the date of the last amendment of the Exchange Rights Agreement, 28 %). The TIN that must be provided is that of the registered holder of the Operating Units. The TIN for an individual is his social security number.
BACK-UP WITHHOLDING. Under the Federal income tax law, a person surrendering Class A RP Units must provide the Class A Unit Agent with his correct taxpayer identification number ("TIN") on Substitute Form W-9 below unless an exemption applies. If the correct TIN is not provided, a $50 penalty may be imposed by the Internal Revenue Service and payments made in exchange for the surrendered Class A RP Units may be subject to back-up withholding of that rate provided by the Federal income tax law (such rate being at the date of the Exchange Rights Agreement, 31%). The TIN that must be provided is that of the registered holder of the Class A RP Units. The TIN for an individual is his social security number.
BACK-UP WITHHOLDING. Under the Federal income tax law, a person surrendering Starwood Units must provide the Agents with his correct taxpayer identification number ("TIN") on Substitute Form W-9 below unless an exemption applies. If the correct TIN is not provided, a $50 penalty may be imposed by the Internal Revenue Service and payments made in exchange for the surrendered Starwood Units may be subject to back-up withholding of that rate provided by the Federal income tax law (such rate being at the date of the Units Exchange Rights Agreement, 31%). The TIN that must be provided is that of the registered holder of the Starwood Units. The TIN for an individual is his social security number.
BACK-UP WITHHOLDING. Under the Federal income tax law, a person surrendering Partnership Interests must provide the Agent with his correct taxpayer identification number ("TIN") on Substitute Form W-9 below unless an exemption applies. If the correct TIN is not provided, a $50 penalty may be imposed by the Internal Revenue Service and payments made in exchange for the surrendered Partnership Interests may be subject to back-up withholding of that rate provided by the Federal income tax law (such rate being at the date hereof, 31%). The TIN that must be provided is that of the registered holder of the Partnership Interests. The TIN for an individual is his social security number.
BACK-UP WITHHOLDING. Under the Federal income tax law, a person surrendering Class B OP Units must provide the Class B Unit Agent with his correct taxpayer identification number ("TIN") on Substitute Form W-9 below unless an exemption applies. If the correct TIN is not provided, a $50 penalty may be imposed by the Internal Revenue Service and payments made in exchange for the surrendered Class B OP Units may be subject to back-up withholding of that rate provided by the Federal income tax law (such rate being at the date of the Exchange Rights Agreement, 31%). The TIN that must be provided is that of the registered holder of the Class B OP Units. The TIN for an individual is his social security number.
BACK-UP WITHHOLDING. Under the federal income tax laws, the Depositary will be required to withhold 31% of the amount of any payments made to certain stockholders pursuant to the Offer. In order to avoid such backup withholding, you must provide the Depositary with your correct taxpayer identification number and certify that you are not subject to such backup withholding by completing the Substitute Form W-9 included in the Letter of Transmittal. If you are a non-resident alien or foreign entity not subject to back-up withholding, you must give the Depositary a completed Form W-8BEN Certificate of Foreign Status prior to receipt of any payment. Grant of Proxy. By executing a Letter of Transmittal (or delivering an Agent’s Message), you irrevocably appoint our designees as your proxies in the manner set forth in the Letter of Transmittal to the full extent of your rights with respect to the Shares tendered and accepted for payment and paid for by us (and any and all other Shares or other securities issued or issuable in respect of such Shares on or after January 16, 2001). All such proxies are irrevocable and coupled with an interest in the tendered Shares. Such appointment is effective only upon our acceptance for payment of and payment for such Shares. Upon such acceptance for payment and payment for such Shares, all prior proxies and consents granted by you with respect to such Shares and other securities will, without further action, be revoked, and no subsequent proxies may be given nor subsequent written consents executed (and, if previously given or executed, will cease to be effective). Our designees will be empowered to exercise all your voting and other rights as they, in their sole discretion, may deem proper at any annual, special or adjourned meeting of Xxxxx’x stockholders, by written consent or otherwise. We reserve the right to require that, in order for Shares to be validly tendered, immediately upon our acceptance for payment of and payment for such Shares, we are able to exercise full voting rights with respect to such Shares and other securities (including voting at any meeting of stockholders then scheduled or acting by written consent without a meeting). The tender of Shares pursuant to any one of the procedures described above will constitute your acceptance of the Offer, as well as your representation and warranty that (i) you own the Shares being tendered within the meaning of Rule 14e-4 promulgated under the Exchange Act, (ii) the tender of such Shares...
BACK-UP WITHHOLDING. TBI is required by law to withhold back-up withholding, at a rate mandated by law, on taxable interest, dividends and other taxable income payments, as well as proceeds from the sale of securities, if you fail to furnish FSC with your correct social security number or taxpayer identification number. For most individuals, the tax payer identification number is their social security number. To prevent back-up withholding on these funds, FSC must receive a completed Account Application form, which includes a W-9 form, within 30 days after the date the Account is opened. Once back-up withholding is implemented with respect to a particular Account, it may not be discontinued or reversed. You must properly certify that you are not subject to back-up withholding under Section 3406(a)(1)(c) of the Internal Revenue Code of 1986, as amended (the “Code”). If you are not a citizen of the United States and are exempt from this withholding, you must obtain an appropriate W-8 form and file it with FSC.
