Common use of Canadian Facility Lenders Clause in Contracts

Canadian Facility Lenders. (a) The Canadian Agent, the Canadian Collateral Agent and any Lender that holds any commitment or makes or holds any Extension of Credit to a Canadian Borrower (such Lender, a “Canadian Extender of Credit”) will at all times be a Canadian Resident. To the extent legally entitled to do so, the Canadian Agent, the Canadian Collateral Agent and each Canadian Extender of Credit shall, upon written request by the Canadian Borrower Representative, deliver to it or the applicable governmental or taxing authority, any form or certificate required in order that any payment by a Canadian Borrower under this Agreement or any Notes to, or for the account of, such Person may be made free and clear of, and without deduction or withholding for or on account of, any Non-Excluded Taxes, provided that in determining the reasonableness of such a request such Person shall be entitled to consider the cost (to the extent unreimbursed by a Borrower) which would be imposed on such Person of complying with such request.

Appears in 4 contracts

Samples: Credit Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.), Credit Agreement (New Sally Holdings, Inc.)

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Canadian Facility Lenders. (a) The Canadian Agent, the Canadian Collateral Agent and any Any Lender that holds any commitment or makes or holds any Extension of Credit to a the Canadian Borrower (such Lender, a “Canadian Extender of Credit”) will at all times be a Canadian ResidentQualified Lender, unless an Event of Default has occurred and is continuing. To the extent legally entitled to do so, the Canadian Agent, the Canadian Collateral Administrative Agent and each Canadian Extender of Credit shall, upon written request by the Canadian Borrower Representative, deliver to it or the applicable governmental or taxing authority, any form or certificate required in order that any payment by a the Canadian Borrower under this Agreement or any Notes to, or for the account of, such Person may be made free and clear of, and without deduction or withholding for or on account of, any Non-Excluded Taxes, ; provided that in determining the reasonableness of such a request such Person shall be entitled to consider the cost (to the extent unreimbursed by a Borrower) which would be imposed on such Person of complying with such request.

Appears in 2 contracts

Samples: Credit Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp)

Canadian Facility Lenders. (a) The Canadian Agent, the Canadian Collateral Agent and any Lender that holds any commitment or makes or holds any Extension of Credit to a Canadian Borrower (such Lender, a “Canadian Extender of Credit”) will at all times be a Canadian Resident. To the extent legally entitled to do so, the Canadian Agent, the Canadian Collateral Agent and each Canadian Extender of Credit shall, upon written request by the Canadian Borrower Representative, deliver to it or the applicable governmental or taxing authorityauthorityGovernmental Authority, any form or certificate required by applicable law in order that any payment by a Canadian Borrower under this Agreement or, any Notes, or any Notes other Loan Document to, or for the account of, such Person may be made free and clear of, and without deduction or withholding for or on account of, any Non-Excluded Taxes, provided that in determining the reasonableness of such a request such Person shall be entitled to consider the cost (to the extent unreimbursed by a Borrower) which would be imposed on such Person of complying with such request.

Appears in 1 contract

Samples: Abl Credit Agreement (Hd Supply, Inc.)

Canadian Facility Lenders. (a) The Canadian Agent, the Canadian Collateral Agent and any Lender that holds any commitment or makes or holds any Extension of Credit to a any Canadian Borrower (such Lender, a “Canadian Extender of Credit”) will at all times be a Canadian Resident. To the extent legally entitled to do so, the Canadian Agent, the Canadian Collateral Agent and each Canadian Extender of Credit shall, upon written request by the Canadian Borrower Representativeany Borrower, deliver to it such Borrower or the applicable governmental or taxing authority, any form or certificate required in order that any payment by a Canadian any Borrower under this Agreement or any Notes to, or for the account of, such Person may be made free and clear of, and without deduction or withholding for or on account of, any Non-Excluded Taxes, provided that in determining the reasonableness of such a request such Person shall be entitled to consider the cost (to the extent unreimbursed by a Borrower) which would be imposed on such Person of complying with such request.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Hertz Corp)

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Canadian Facility Lenders. (a) The Canadian Agent, the Canadian Collateral Agent and any Any Lender that holds any commitment or makes or holds any Extension of Credit to a the Canadian Borrower (such Lender, a “Canadian Extender of Credit”) will at all times be a Canadian ResidentQualified Lender, unless an Event of Default has occurred and is continuing. To the extent legally entitled to do so, the Canadian Agent, the Canadian Collateral Administrative Agent and each Canadian Extender of Credit shall, upon written request by the Canadian Borrower Representative, deliver to it or the applicable governmental or taxing authority, any form or certificate required in order that any payment by a the Canadian Borrower under this Agreement or any Notes to, or for the account of, such Person may be made free and clear of, and without deduction or withholding for or on account of, any Non-Excluded Taxes, provided that in determining the reasonableness of such a request such Person shall be entitled to consider the cost (to the extent unreimbursed by a Borrower) which would be imposed on such Person of complying with such request.

Appears in 1 contract

Samples: Intercreditor Agreement (Veritiv Corp)

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