Common use of Status of Lender Clause in Contracts

Status of Lender. (i) If a Lender is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document, such Lender shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation as prescribed by applicable Laws and reasonably requested by the Borrower or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, if reasonably requested by the Borrower or the Administrative Agent, such Lender shall deliver such other documentation prescribed by applicable Law and reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not 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 2.03(e)(ii)(A), Section 2.03(e)(ii)(B), and Section 2.03(e)(ii)(D) below) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender or if such Lender is legally prohibited from completing, executing or submitting such documentation or cannot obtain, using best efforts and following a good faith effort to do so, any information requested by the Borrower.

Appears in 9 contracts

Samples: Counterpart Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.)

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Status of Lender. Each Lender (i) If a Lender is entitled to an exemption from or reduction which, for purposes of withholding Tax with respect to payments made under any Loan Document, such Lender this Section 5.03 shall deliver include but not be limited to the Borrower Issuing Bank and the Administrative Agentany Swingline Lender) shall, at the time or such times as are reasonably requested by the Borrower or the Administrative Agent, such properly completed provide the Borrower and executed the Administrative Agent with any documentation as prescribed by applicable Laws and law, or reasonably requested by the Borrower or the Administrative Agent Agent, certifying as will permit such to any entitlement of the Lender to an exemption from, or reduction in, any withholding Tax with respect to any payments to be made without withholding or at a reduced rate of withholdingto the Lender under any Loan Document. In addition, any Lender, if reasonably requested by the Borrower or the Administrative Agent, such Lender shall deliver such other documentation prescribed by applicable Law and law or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. The Lender shall, whenever a lapse in time or change in circumstances renders such documentation expired, obsolete or inaccurate in any respect, deliver promptly to the Borrower and the Administrative Agent updated or other appropriate documentation or promptly notify the Borrower and the Administrative Agent in writing of its inability to do so. Notwithstanding anything to the contrary in the preceding two sentencesthis Section 5.03(d), the completion, execution and submission of such documentation (other than such documentation set forth in Section 2.03(e)(ii)(Aparagraphs 5.03(d)(i)(A), Section 2.03(e)(ii)(B), (B) and Section 2.03(e)(ii)(D(D) belowof this Section) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender or if such Lender is legally prohibited from completing, executing or submitting such documentation or cannot obtain, using best efforts and following a good faith effort to do so, any information requested by the BorrowerLender.

Appears in 1 contract

Samples: Credit Agreement (Coterra Energy Inc.)

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