Status of Credit Facility Lenders. (1) Any Credit Facility Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to Borrower and Administrative Agent, at the time or times reasonably requested by Borrower or Administrative Agent, such properly completed and executed documentation reasonably requested by Borrower or Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Credit Facility Lender, if reasonably requested by Borrower or Administrative Agent, shall deliver such other documentation prescribed by Applicable Law or reasonably requested by Borrower or Administrative Agent as will enable Borrower or Administrative Agent to determine whether or not such Credit Facility Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 2.20(f)(2)(A), Section 2.20(f)(2)(B) and Section 2.20(f)(2)(D) below) shall not be required if in the Credit Facility Lender's reasonable judgment such completion, execution or submission would subject such Credit Facility Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Credit Facility Lender.
Status of Credit Facility Lenders. (1) Any Credit Facility Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to Borrower and Administrative Agent, at the time or times reasonably requested by Borrower or Administrative Agent, such properly completed and executed documentation reasonably requested by Borrower or Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Credit Facility Lender, if reasonably requested by Borrower or Administrative Agent, shall deliver such other documentation prescribed by Applicable Law or reasonably requested by Borrower or Administrative Agent as will enable Borrower or Administrative Agent to determine whether or not such Credit Facility Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 2.20(f)(2)(A), Section 2.20(f)(2)(B) and Section 2.20(f)(2)(D) below) shall not be required if in the Credit Facility Lender's reasonable judgment such completion, execution or submission would subject such Credit Facility Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Credit Facility Lender. (2) Without limiting the generality of the foregoing, in the event that Borrower is a U.S. Person, (A) any Credit Facility Lender that is a U.S. Person shall deliver to Borrower and Administrative Agent on or prior to the date on which such Credit Facility Lender becomes a Credit Facility Lender under this Agreement (and from time to time thereafter upon the reasonable request of Borrower or Administrative Agent), an executed copy of IRS Form W-9 certifying that such Credit Facility Lender is exempt from U.S. federal backup withholding tax; (B) any Foreign Lender shall comply with Section 12.17. SMRH:4838-5569-6023.10 -78- Xxxxxx Lease Finance Corporation Fourth Amended and Restated Credit Agreement (C) any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to Borrower and Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Credit Facility Lender under this Agreement (and from time to time thereafter upon th...
