Common use of LENDER INSTITUTIONS Clause in Contracts

LENDER INSTITUTIONS. If your institution is incorporated or organized within the United States, you must complete and return Form W-9 (Request for Taxpayer Identification Number and Certification) Please be advised that we require an original form W-9. REV April 0000 Xxxx xx Xxxxxxx 4 ADMINISTRATIVE QUESTIONNAIRE - (US DOLLAR ONLY) CONFIDENTIAL CONFIDENTIAL Pursuant to the language contained in the tax section of the Credit Agreement, the applicable tax form for your institution must be completed and returned on or prior to the date on which your institution becomes a lender under this Credit Agreement. Failure to provide the proper tax form when requested will subject your institution to U.S. tax withholding. *Additional guidance and instructions as to where to submit this documentation can be found at this link: Tax Form Toll Kit & Mailing Instructions 9. Bank of America’s Payment Instructions: Pay to: Bank of America, X.X. XXX # 000000000 Xxx York, NY Account #: 1292000883 Attn: Corporate Credit Services Ref: TESORO LOGISTICS LP REV April 0000 Xxxx xx Xxxxxxx EXHIBIT E FORM OF SOLVENCY CERTIFICATE This Solvency Certificate (this “Certificate”) is delivered pursuant to Section 4.01(a)(xiii) of the Second Amended and Restated Credit Agreement, dated as of December 2, 2014 (as amended, supplemented, restated, replaced or otherwise modified from time to time, the “Credit Agreement”), among Tesoro Logistics LP, a Delaware limited partnership (the “Borrower”), Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”). Capitalized terms used herein without definition have the same meanings as in the Credit Agreement. I hereby certify on behalf of the Borrower as follows:

Appears in 3 contracts

Samples: Transportation Services Agreement (Tesoro Corp /New/), Transportation Services Agreement (QEP Midstream Partners, LP), Transportation Services Agreement (Tesoro Logistics Lp)

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LENDER INSTITUTIONS. If your institution is incorporated or organized within the United States, you must complete and return Form W-9 (Request for Taxpayer Identification Number and Certification) ). Please be advised that we require an original form W-9. REV April 0000 Xxxx xx Xxxxxxx 4 ADMINISTRATIVE QUESTIONNAIRE - (US DOLLAR ONLY) CONFIDENTIAL CONFIDENTIAL Pursuant to the language contained in the tax section of the Credit Agreement, the applicable tax form for your institution must be completed and returned on or prior to the date on which your institution becomes a lender under this Credit Agreement. Failure to provide the proper tax form when requested will subject your institution to U.S. tax withholding. *Additional guidance and instructions as to where to submit this documentation can be found at this link: Tax Form Toll Kit & Mailing Instructions 9. of Administrative Questionnaire X. Bank of America’s America Payment Instructions: Pay to: Bank of America, X.X. N.X. XXX # 000000000 Xxx York, NY Account #: 1292000883 Acct. # 3750836479 Attn: Corporate Credit Services #5596 Ref: TESORO LOGISTICS LP REV April 0000 Xxxx xx Xxxxxxx Rxxx Stores EXHIBIT E FORM OF SOLVENCY F-1 Form of U.S. TAX COMPLIANCE CERTIFICATE This Solvency Certificate (this “Certificate”For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) Reference is delivered pursuant hereby made to Section 4.01(a)(xiii) of the Second Amended and Restated Credit Agreement, Agreement dated as of December 2April 1, 2014 2016 (as amended, supplemented, restated, replaced supplemented or otherwise modified from time to time, the “Credit Agreement”), among Tesoro Logistics LPRxxx Stores, a Delaware limited partnership (Inc., the “Borrower”)Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, Wxxxx Fargo Bank, National Association as an L/C Issuer, and JPMorgan Chase Bank, N.A. as an L/C Issuer. Pursuant to the provisions of Section 3.01(e) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BENE (or W-8BEN, as applicable). By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each lender payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF LENDER] By: Name: Title: Date: , 20[ ] U.S. Tax Compliance Certificate EXHIBIT F-2 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) Reference is hereby made to the Credit Agreement dated as of April 1, 2016 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Rxxx Stores, Inc., the Lenders from time to time party thereto (collectivelythereto, Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, Wxxxx Fargo Bank, National Association as an L/C Issuer, and JPMorgan Chase Bank, N.A. as an L/C Issuer. Pursuant to the provisions of Section 3.01(e) of the Credit Agreement, the “Lenders” undersigned hereby certifies that (i) it is the sole record and individuallybeneficial owner of the participation in respect of which it is providing this certificate, (ii) it is not a “Lender”bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code, and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished its participating Lender with a certificate of its non-U.S. Person status on IRS Form W-8BENE (or W-8BEN, as applicable). Capitalized By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender in writing, and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein without definition shall have the same meanings as given to them in the Credit Agreement. I [NAME OF PARTICIPANT] By: Name: Title: Date: , 20[ ] U.S. Tax Compliance Certificate EXHIBIT F-3 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) Reference is hereby certify on behalf made to the Credit Agreement dated as of April 1, 2016 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Rxxx Stores, Inc., the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, Wxxxx Fargo Bank, National Association as an L/C Issuer, and JPMorgan Chase Bank, N.A. as an L/C Issuer. Pursuant to the provisions of Section 3.01(e) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the participation in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such participation, (iii) with respect such participation, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as follows:described in Section 881(c)(3)(C) of the Code. The undersigned has furnished its participating Lender with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BENE (or W-8BEN, as applicable) or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BENE (or W-8BEN, as applicable) from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF PARTICIPANT] By: Name: Title: Date: , 20[ ] U.S. Tax Compliance Certificate EXHIBIT F-4 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) Reference is hereby made to the Credit Agreement dated as of April 1, 2016 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Rxxx Stores, Inc., the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, Wxxxx Fargo Bank, National Association as an L/C Issuer, and JPMorgan Chase Bank, N.A. as an L/C Issuer. Pursuant to the provisions of Section 3.01(e) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such Loan(s) (as well as any Note(s) evidencing such Loan(s)), (iii) with respect to the extension of credit pursuant to this Credit Agreement or any other Loan Document, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Administrative Agent and the Borrower with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BENE (or W-8BEN, as applicable) or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BENE (or W-8BEN, as applicable) from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF LENDER] By: Name: Title: Date: , 20[ ]

Appears in 2 contracts

Samples: Credit Agreement (Ross Stores Inc), Credit Agreement (Ross Stores Inc)

LENDER INSTITUTIONS. If your institution is incorporated or organized within the United States, you must complete and return Form W-9 (Request for Taxpayer Identification Number and Certification) ). Please be advised that we require an original form W-9. REV April 0000 Xxxx xx Xxxxxxx 4 ADMINISTRATIVE QUESTIONNAIRE - (US DOLLAR ONLY) CONFIDENTIAL CONFIDENTIAL Pursuant to the language contained in the tax section of the Credit Agreement, the applicable tax form for your institution must be completed and returned on or prior to the date on which your institution becomes a lender under this Credit Agreement. Failure to provide the proper tax form when requested will subject your institution to U.S. tax withholding. *Additional guidance and instructions as to where to submit this documentation can be found at this link: Tax Form Toll Kit & Mailing Instructions 9XI. Bank of America’s America Payment Instructions: Pay to: Bank of America, X.X. XXX # 000000000 Xxx New York, NY Account #: 1292000883 Acct. # 3750836479 Attn: Corporate Credit Services Ref: TESORO LOGISTICS LP REV April 0000 Xxxx xx Xxxxxxx Xxxxxx Engineering Group, Inc. EXHIBIT E I FORM OF SOLVENCY CERTIFICATE This Solvency Certificate COMPANY GUARANTY GUARANTY THIS GUARANTY (this “CertificateGuaranty) is delivered pursuant to Section 4.01(a)(xiii) of the Second Amended and Restated Credit Agreement), dated as of December 2March 29, 2014 2012, is made by Xxxxxx Engineering Group Inc., a Delaware corporation (the “Guarantor”), in favor of the Lenders, the L/C Issuers and the Swing Line Lender referred to below, and Bank of America, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). The Guarantor, certain Subsidiaries of the Guarantor from time to time party thereto as Designated Borrowers (each a “Subsidiary Borrower” and, collectively, the “Subsidiary Borrowers”), the Lenders and L/C Issuers from time to time party thereto, the Swing Line Lender party thereto and the Administrative Agent, are parties to a Credit Agreement dated as of March 29, 2012 (as amended, supplementedmodified, restated, replaced renewed or otherwise modified extended from time to time, the “Credit Agreement”). It is a condition precedent to the Borrowings and issuances of Letters of Credit under the Credit Agreement that the Guarantor guarantee the indebtedness and other obligations of the Subsidiary Borrowers to the Guaranteed Parties under or in connection with the Credit Agreement and the obligations of any Subsidiary to any L/C Issuer under or in connection with the Issuer Documents (such Subsidiaries, among Tesoro Logistics LPtogether with the Subsidiary Borrowers, a Delaware limited partnership (collectively the “BorrowerSubsidiary Obligors”). The Guarantor will derive substantial direct and indirect benefits from the making of the Loans to, Bank and the issuance of AmericaLetters of Credit for the account or benefit of, N.A.the Subsidiary Obligors pursuant to the Credit Agreement (which benefits are hereby acknowledged by the Guarantor). Accordingly, as to induce the Administrative Agent, the L/C Issuers, the Swing Line Lender and L/C Issuer, and each lender from time the Lenders to time party thereto (collectively, the “Lenders” and individually, a “Lender”). Capitalized terms used herein without definition have the same meanings as in enter into the Credit Agreement. I , and in consideration thereof, the Guarantor hereby certify on behalf of the Borrower agrees as follows:

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

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LENDER INSTITUTIONS. If your institution is incorporated or organized within the United States, you must complete and return Form W-9 (Request for Taxpayer Identification Number and Certification) ). Please be advised that we require request that you submit an original form Form W-9. REV April 0000 Xxxx xx Xxxxxxx 4 ADMINISTRATIVE QUESTIONNAIRE - (US DOLLAR ONLY) CONFIDENTIAL CONFIDENTIAL Pursuant to the language contained in the tax section of the Credit Agreement, the applicable tax form for your institution must be completed and returned on or prior to the date on which your institution becomes a lender under this Credit Agreementfirst payment of income. Failure to provide the proper tax form when requested will may subject your institution to U.S. tax withholding. *Additional guidance and instructions as to where to submit this documentation can be found at this link: Tax Form Toll Kit & Mailing Instructions 9. Bank of America’s Payment Instructions: Pay to: Bank of America, X.X. XXX # 000000000 Xxx York, NY Account #: 1292000883 Attn: Corporate Credit Services Ref: TESORO LOGISTICS LP REV April 0000 Xxxx xx Xxxxxxx EXHIBIT E C-1 FORM OF SOLVENCY CERTIFICATE This Solvency Certificate BORROWING REQUEST Date:19 ________________, __________ To: JPMorgan Chase Bank, N.A., as administrative agent (this in such capacity, the CertificateAdministrative Agent”) is delivered pursuant to Section 4.01(a)(xiii) of for the Second Amended and Restated Lenders, under that certain Credit Agreement, Agreement dated as of December 2May 27, 2014 2021 (as the same may be amended, supplemented, restated, replaced amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Tesoro Logistics LPDRIVEN HOLDINGS PARENT LLC, a limited liability company formed under the laws of Delaware (“Holdings”), DRIVEN HOLDINGS, LLC, a limited partnership liability company formed under the laws of Delaware (the “Borrower”), Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and each lender the LENDERS party thereto from time to time party thereto (collectively“Lenders”), the “Lenders” Administrative Agent and individuallythe other parties party thereto. Ladies and Gentlemen: Reference is made to the above-described Credit Agreement. Terms defined in the Credit Agreement, a “Lender”). Capitalized terms wherever used herein without definition herein, unless otherwise defined herein, shall have the same meanings herein as in are prescribed by the Credit Agreement. I The undersigned hereby certify on behalf irrevocably notifies you, pursuant to Section 2.03 of the Credit Agreement, of the Borrowing specified below: The Borrowing will be a Borrowing of _________ Loans.20 The aggregate amount of the proposed Borrowing is: $_________. The Business Day of the proposed Borrowing is: _____________. The Borrowing is comprised of $___________ of ABR Loans and $____________ of Eurocurrency Loans. The duration of the initial Interest Period for the Eurocurrency Loans, if any, included in the Borrowing shall be ____________ month(s).21 The location and number of the account to which the proceeds of such Borrowing are to be disbursed is _________________. The Borrower as followshereby represents and warrants that, at the time of and immediately after such Borrowing:

Appears in 1 contract

Samples: Intercreditor Agreement (Driven Brands Holdings Inc.)

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