Common use of Payer Tax Representation Clause in Contracts

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A and Party B each make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 10 contracts

Samples: Lehman Brothers Special Financing (Lehman Abs Corp Goldman Sachs Cap 1 Sec Backed Ser 2004-6), Master Agreement (Lehman Abs Corp Repac Ge Glob Ins FLT Rt Tr Cert Ser 2002-1), Series Supplement (Lehman Abs Corp Verizon Ny Debenture Backed Ser 2004-5)

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Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A and Party B each party will make with respect to itself the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, ; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on sub-clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 5 contracts

Samples: Master Agreement (NovaStar Certificates Financing CORP), Master Agreement (NovaStar Mortgage Funding Trust, Series 2006-1), Master Agreement (NovaStar Mortgage Funding Trust, Series 2006-1)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A SRFP and Party B each Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, ; provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) of this Agreement by reason of material prejudice to its legal or commercial position.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff7), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff7), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A and Party B each party will make with respect to itself the following representationsrepresentation: - It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, ; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on sub-clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2001-Ar4), Pooling and Servicing Agreement (Wamu Mortgage Pass Through Certificates Series 2001-Ar2), Pooling and Servicing Agreement (Wamu Mortgage Pass Thru Certificate Series 2001-Ar6)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A NGFP and Party B each Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it the party may rely on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, ; provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Af1)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party Agreement:-Party A and Party B each make makes the following representations: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, ; (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, ; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on sub-clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 1 contract

Samples: Master Agreement (Harrahs Entertainment Inc)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, each of Party A and Party B each will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) herein and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 1 contract

Samples: Isda Master Agreement

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Payer Tax Representation. For the purpose of Section 3(e) of this Agreement), Party PARTY A and Party AND PARTY B each hereby make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement)) to be made by it to the other party under this Agreement. In making this representation, it may rely on on: (iA) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement, ); (iiB) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, ); and (iiiC) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, ); provided that it shall not be a breach of this representation where reliance is placed on clause (iiB) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 1 contract

Samples: Buckeye Partners L P

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, Party A and Party B each make hereby makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section Sections 2(e), 6(d)(ii), or ) and 6(e) of this Agreement) to be made by it to the other party Party A under this Agreement. In making this representation, it may rely on on: (i) the accuracy of any representations representation made by the other party Party A pursuant to Section 3(f) of this Agreement, ; (ii) the satisfaction of the agreement of Party A contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party Party A pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, ; and (iii) the satisfaction of the agreement of the other party Party A contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party Party A does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.. (2)

Appears in 1 contract

Samples: Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, each of Party A and Party B each will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii5(a)(i), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) herein and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 1 contract

Samples: Guaranty Agreement

Payer Tax Representation. For the purpose of Section 3(e) of this Agreement, each of Party A and Party B each will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii), ) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement, Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) herein and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.

Appears in 1 contract

Samples: Master Agreement (El Paso Production Co)

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