Common use of Passport Scheme Clause in Contracts

Passport Scheme. Any Purchaser or other holder of a Note who holds a passport under the HMRC DT Treaty Passport Scheme (the “Scheme”), and who wishes the Scheme to apply to this Guarantee Deed, shall notify the Guarantors (in accordance with Section 9 hereof) of its Scheme reference number and its jurisdiction of tax residence. Such notice shall be deemed to have been given by each Purchaser or other holder of a Note to the extent such information is listed on Schedule B to the Agreement or has been subsequently provided to the Company (whether in connection with the purchase of a Note from another holder after the date of the Closing or otherwise). At the time any Guarantor is called to act on the guarantee provided hereunder in accordance with the terms of this Guarantee Deed, such Guarantor shall file a duly completed DTTP2 in respect of each such holder that has provided such notice (or has been deemed to have provided such notice) with HMRC and shall provide each such holder with a copy of that filing, provided that such notice is given to such Guarantor prior to the 30th “working day” (as defined in the Scheme) following the date such Guarantor is so called to act under this Guarantee Deed. For the avoidance of doubt, a Guarantor shall not be liable for any loss or damage to a holder of Notes if the completed DTTP2 is not filed by a Guarantor within 30 working days of the date a Guarantor is called to act under this Guarantee Deed as a result of a default or delay of the holder. It shall thereafter be the sole responsibility of the holder of any Note to comply with the Terms and Conditions (other than the Terms and Conditions for which the Guarantor is or the Company was responsible) including without limitation renewing its passport from time to time and notifying HMRC of any material change to its form or circumstances.

Passport Scheme. Any Purchaser (or other holder of a Note Note) who holds a passport under the HMRC DT Treaty Passport Scheme (the “Scheme”), and who which wishes the Scheme scheme to apply to this Guarantee DeedAgreement, shall notify the Guarantors (in accordance with Section 9 hereof) of include an indication to that effect by providing its Scheme scheme reference number and its jurisdiction of tax residenceresidence as follows: (a) in the case of each Purchaser, providing such information in Schedule A at the date of this Agreement, and (b) in the case of any transferee of a Note, providing such information in the materials provided by the holder of a Note to the Company in writing at the time of transfer. Such Where a Purchaser has provided its HMRC DT Treaty Passport Scheme reference number and jurisdiction of tax residence in Schedule A at the date of this Agreement or in a written notice delivered to the Company prior to the relevant Closing (or in the information provided by the holder of a Note to the Company in writing upon transfer) as provided above, the Company shall be deemed file a duly completed form DTTP2 in respect of such Purchaser with HMRC within 30 days of the date of the Closing (or, in the case of any transferee of a Note, within 30 days of completion of the transfer thereof) and shall provide such Purchaser (or, in the case of any transferee of a Note, such holder) with a copy of that filing if so requested by such Purchaser or transferee. In the event that the Company is required from time to have been given time by each HMRC to renew or refile any form DTTP2 filed under this Section 13.3, the Company, as applicable, shall renew or refile such form DTTP2, as applicable, prior to the expiration thereof. Where a Purchaser or other holder of a Note to the extent such information is listed on Schedule B to the Agreement or has been subsequently provided its Passport Scheme reference number and jurisdiction of tax residence to the Company (whether in connection with as contemplated by Section 13.2(a), the purchase of a Note from another relevant Purchaser or holder after the date of the Closing or otherwise). At the time any Guarantor is called to act on the guarantee provided hereunder in accordance with the terms of this Guarantee Deed, such Guarantor shall file a duly completed DTTP2 in respect of each such holder that has provided such notice (or has been be deemed to have provided such notice) with received a written request from the Company relating to Forms for the purposes of Section 13 on but not before the date upon which the Company first informs the relevant Purchaser or holder in writing that the relevant form DTTP2 was not filed within the Passport Scheme deadline or was otherwise not accepted by HMRC and shall provide each such holder with a copy of requests that filing, provided that such notice is given to such Guarantor prior to the 30th “working day” (as defined in the Scheme) following the date such Guarantor is so called to act under this Guarantee Deed. For the avoidance of doubt, a Guarantor shall not be liable for any loss or damage to a holder of Notes if the completed DTTP2 is not filed by a Guarantor within 30 working days of the date a Guarantor is called to act under this Guarantee Deed as a result of a default or delay of the holder. It shall thereafter be the sole responsibility of the holder of any Note to comply with the Terms and Conditions (other than the Terms and Conditions for which the Guarantor is or the Company was responsible) including without limitation renewing its passport from time to time and notifying HMRC of any material change to its form or circumstancesrelevant Forms are filed.