Common use of Status of Lender Clause in Contracts

Status of Lender. (A) Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document shall deliver to the Borrower and the Agent, at the time or times reasonably requested by the Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(1), (2) and (4) below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 2 contracts

Samples: Credit Agreement (Western Asset Mortgage Opportunity Fund Inc.), Credit Agreement (FS Multi-Alternative Income Fund)

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Status of Lender. (Ai) Any If Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document Loan Document, it shall deliver to the Borrower and the AgentBorrowers or any tax authority, at the time or times reasonably requested directed by the Borrower or the AgentBorrowers, such properly completed and executed documentation reasonably requested by the Borrower or the Agent Borrowers as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the AgentBorrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent Borrowers as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(1), (22.18(f)(ii) and (4iii) below) shall not be required if the Lender is not legally entitled to complete, execute or deliver such documentation or, in the Lender’s reasonable judgment judgment, such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 2 contracts

Samples: Credit Agreement (Rightside Group, Ltd.), Credit Agreement (Rightside Group, Ltd.)

Status of Lender. (Ai) Any Lender (which, solely for purposes of this Section 3.10(g), shall include Agent) that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Loan Document shall deliver to the Borrower and the Agent, at the time or times reasonably requested by the Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the any Lender, if reasonably requested by the Borrower or the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the such 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(n)(vi)(B)(13.10(g)(ii)(A), (2ii)(B) and (4ii)(D) below) shall not be required if in the such Lender’s reasonable judgment such completion, execution or submission would subject the such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Insperity, Inc.), Credit Agreement (Insperity, Inc.)

Status of Lender. (Ai) Any If the Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document Loan Document, the Lender shall deliver to the Borrower and the AgentBorrower, at the time or times reasonably requested by the Borrower or the AgentBorrower, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the AgentBorrower, shall deliver such other documentation prescribed by applicable law Applicable Law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(1Sections 2.15(g)(i)(2)(A), (2i)(2)(B) and (4i)(2)(D) below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the such Lender.

Appears in 1 contract

Samples: Pledge Agreement (Coeur Mining, Inc.)

Status of Lender. (A) Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document shall deliver to the Borrower and the Agent, at the time or times reasonably requested by the Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(1), (2) and (4) below) shall not be required if in the Lender’s 's reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Credit Agreement (BlackRock Credit Strategies Fund)

Status of Lender. (A) i. Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Loan Document and shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or and the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower or and the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the any Lender, if reasonably requested by the Borrower or the AgentBorrower, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the such 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(n)(vi)(B)(1), (22.16(e)(ii)(A) and (4ii)(B) below) shall not be required if in the such Lender’s reasonable judgment such completion, execution or submission would subject the such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the such Lender.

Appears in 1 contract

Samples: Possession  credit Agreement (SmileDirectClub, Inc.)

Status of Lender. (Ai) Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Loan Document shall deliver to the Borrower and the Agent, at the time or times reasonably requested by the Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the any Lender, if reasonably requested by the Borrower or the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the such 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(n)(vi)(B)(1paragraphs (g)(ii)(1), (2ii)(2) and (4iv) belowof this Section) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the such Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Aldeyra Therapeutics, Inc.)

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Status of Lender. (Ai) Any If the Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Loan Document it shall deliver to the Borrower and the AgentBorrower, at the 4882-2118-7946 v.19 time or times reasonably requested by the Borrower or the AgentBorrower, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the AgentBorrower, shall deliver such other documentation prescribed by applicable law Law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(13.01(d)(ii)(A), (23.01(d)(ii)(B) and (43.01(d)(ii)(D) below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Beneficient)

Status of Lender. (Ai) Any If any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document Margin Loan Documentation, it shall deliver to the Borrower and the AgentBorrowers, at the time or times reasonably requested by the Borrower or the AgentBorrowers, such properly completed and executed documentation reasonably requested by the Borrower or the Agent Borrowers as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the such Lender, if reasonably requested by the Borrower or the AgentBorrowers, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent Borrowers as will enable the Borrower or the Agent Borrowers to determine whether or not the such 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(n)(vi)(B)(12.10(e)(ii)(A), (2ii)(B) and (4ii)(D) below) shall not be required if in the such Lender’s reasonable judgment such completion, execution or submission would subject the such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender. (ii) Without limiting the Lender.generality of the foregoing, (A) if such Lender is a U.S. Person, it shall deliver to Borrowers on or prior to the date on which such Lender becomes a Lender under this

Appears in 1 contract

Samples: Pledge and Security Agreement (Cannae Holdings, Inc.)

Status of Lender. (A) Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Transaction Document shall deliver to the Borrower and the Agent, at the time or times reasonably requested by the Borrower or the Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, the Lender, if reasonably requested by the Borrower or the Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Agent as will enable the Borrower or the Agent to determine whether or not the 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(n)(vi)(B)(12(m)(vii)(B)(1), (2) and (4) below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject the Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Advent Claymore Convertible Securities & Income Fund)

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