Tax Representations. (a) Payer Representations For the purpose of Section 3(e) of the Agreement, Party A will make the following representation and Party B will not make the following 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(e) of the 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 the Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 5 contracts
Sources: Isda Master Agreement (HarborView 2007-3), Isda Master Agreement (HarborView 2007-1), Isda Master Agreement (HarborView 2007-5)
Tax Representations. (a) Payer Representations Tax Representation For the purpose of Section 3(e) of the this Agreement, Party A each party will make the following representation and Party B will not make with respect to itself the following 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(e) of the 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 the this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 5 contracts
Sources: Isda Master Agreement (Thornburg Mortgage Securities Trust 2005-2), Isda Master Agreement (Thornburg Mortgage Securities Trust 2006-3), Isda Master Agreement (Thornburg Mortgage Securities Trust 2005-3)
Tax Representations. (a) Payer Representations Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, Party A will make the following representation and Party B will not each make the following representationrepresentations to the other: 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it each party may rely on on:
(i) the The accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, ;
(ii) the The satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and this Agreement, and
(iii) the The satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 5 contracts
Sources: Isda Master Agreement (MACRO Securities Depositor, LLC), Isda Master Agreement (MACROshares Oil Up Tradeable Trust), Isda Master Agreement (MACRO Securities Depositor, LLC)
Tax Representations. (a) Party A and Party B Payer Representations Tax Representations. For the purpose of Section 3(e) of the Agreement, each of Party A will make the following representation and Party B will not make makes the following 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(e) of the Agreement) to be made by it to the other party under this the Agreement. In making this representation, it may rely on on: (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Sources: Confirmation of Additional Forward Stock Sale Transaction (Beckman Coulter Inc), Confirmation of Additional Forward Stock Sale Transaction (Beckman Coulter Inc), Confirmation of Forward Stock Sale Transaction (Beckman Coulter Inc)
Tax Representations. (a) Payer Representations For the purpose of Section 3(e) of the Master Agreement, each of Party A will make the following representation and Party B will not make the following 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(e) of the Master 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 the Master Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Master 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 the Master Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Master 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 the Master Agreement by reason of material prejudice to its legal or commercial position.. Payee Representations For the purpose of Section 3(f) of the Master Agreement, Party A and Party B make the following representations:
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Op2)
Tax Representations. (a) Payer Representations Tax Representation For the purpose of Section 3(e) of the this Agreement, Party A each party will make the following representation and Party B will not make with respect to itself the following 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(e) of the 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 the this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Sources: Isda Master Agreement (Thornburg Mortgage Securities Trust 2006-6), Isda Master Agreement (Thornburg Mortgage Securities Trust 2007-1), Isda Master Agreement (Thornburg Mortgage Securities Trust 2007-2)
Tax Representations. PARTY A AND PARTY B PAYER TAX REPRESENTATIONS.
(ai) Payer Representations For the purpose of Section 3(e) ), each of the Agreement, Party A will make the following representation and Party B will not make makes the following 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(e) of the 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 the this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Agreement 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 the Agreement this Agreement, and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
(ii) For the purposes of Section 3(f), Party A makes the following representation: Party A is a U.S. corporation organized under the laws of Delaware.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)
Tax Representations. (a) Payer Representations Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A and Party B will make the following representation and Party B will not make the following representation: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (ix) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (iiy) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the this Agreement and (iiiz) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (iiy) and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Sources: Interest Rate Cap Agreement (Circuit City Credit Card Master Trust), Isda Master Agreement (Spiegel Credit Corp Iii)
Tax Representations. (a) Payer Representations Representations. For the purpose of Section 3(e) of the ISDA Form Master Agreement, Party A will BSFP and the Counterparty make the following representation and Party B will not make the following representationrepresentations: 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 the ISDA Form Master Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of the ISDA Form Master Agreement, ;
(ii) the satisfaction of the agreement contained in Section 4(a)(i4 (a)(i) or 4(a)(iii) of the ISDA Form Master Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i4 (a)(i) or 4(a)(iii) of the Agreement and ISDA Form Master Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the ISDA Form Master 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 the ISDA Form Master Agreement by reason of material prejudice to of its legal or commercial position.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (CMALT (CitiMortgage Alternative Loan Trust), Series 2006-A6), Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
Tax Representations. (a) Payer Representations For the purpose of Section 3(e) of the Master Agreement, each of Party A will make the following representation and Party B will not make the following representation: It 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 the Master 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 the Master Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Master 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 the Master Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Master 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 the Master Agreement by reason of material prejudice to its legal or commercial position.. Payee Representations For the purpose of Section 3(f) of the Master Agreement, Party A and Party B make the following representations:
(i) Party A represents that (A) it is a tax resident of the United Kingdom;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)
Tax Representations. (a) Payer Representations PARTY A AND PARTY B PAYER TAX REPRESENTATIONS. For the purpose of Section 3(e) of the this Agreement, each of Party A will make the following representation and Party B will not make makes the following representationrepresentations: It is not required by any an 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 the 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 the this Agreement, (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the this Agreement and the accuracy and effectiveness of any document documents provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of the this Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Sources: Isda Master Agreement (NCT Funding Co LLC), Isda Master Agreement (NCT Funding Co LLC)
Tax Representations. (a) Payer Representations PAYER TAX REPRESENTATIONS For the purpose of Section 3(e) of the this Agreement, Party A and Party B will make the following representation and Party B will not make the following representationrepresentations: 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and );
(iiiii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement; and
(iii) the accuracy of any representation made by the other party pursuant to Section 3(f) of this Agreement, provided ; PROVIDED that it shall not be a breach of this representation where reliance is placed on clause (iii) and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Sources: Isda Master Agreement (Me Portfolio Management LTD), Isda Master Agreement (Me Portfolio Management LTD)
Tax Representations. (a) Payer Representations Tax Representation. For the purpose of Section 3(e) ), each of the Agreement, Party A will make the following representation and Party B will not make the following 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)(ii6(d) or 6(e) of the Agreement)) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the Agreement, );
(ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and ); and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of a material prejudice to its legal or commercial position. Payee Tax Representations. For the purpose of Section 3(f), Party A shall make the following representation: Each payment received or to be received by it in connection with this Agreement will be effectively connected with its conduct of a trade or business in the United States. Party B makes no representations.
Appears in 1 contract
Sources: Swap Transaction Confirmation (NRG Generating U S Inc)
Tax Representations. (a) Payer Representations Tax Representations. For the purpose purposes of Section 3(e) of the this Agreement, Party A will make the following representation and Party B will not make the following 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(e) of the this Agreement) to be made by it to the other party Party A 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 the this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Isda Master Agreement (Peoples Bank)
Tax Representations. (a) Payer Representations PAYER TAX REPRESENTATIONS For the purpose of Section 3(e) of the this Agreement, Party A and Party B will make the following representation and Party B will not make the following representationrepresentations: 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and );
(iiiii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement; and
(iii) the satisfaction of any representation made by the other party pursuant to Section 3(f) of this Agreement, provided ; PROVIDED that it shall not be a breach of this representation where reliance is placed on clause (iii) and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Isda Master Agreement (Me Portfolio Management LTD)
Tax Representations. (a) Payer Representations PARTY A AND PARTY B PAYER TAX REPRESENTATIONS. For the purpose of Section 3(e) ), each of the Agreement, Party A will make the following representation and Party B will not make makes the following representation: It is not required by any applicable application 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on: (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, provided 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Tax Representations. (a) Payer Representations For the purpose of Section 3(e) of the Master Agreement, each of Party A will make the following representation and Party B will not make the following 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(e) of the Master 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 the Master Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Master 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 the Master Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the Master 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 the Master Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap5)
Tax Representations. (aA) Payer Representations PARTY A AND PARTY B PAYER TAX REPRESENTATIONS. For the purpose of Section 3(e) of the this Agreement, each of Party A will make the following representation and Party B will not make makes the following representationrepresentations: 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 the this Agreement) to be made by it to the other party under this Agreement. 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 the this Agreement, (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the this Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Isda Master Agreement (Alpha Technologies Group Inc)
Tax Representations. Party A and Party B Payer Tax Representations.
(ai) Payer Representations For the purpose of Section 3(e) ), each of the Agreement, Party A will make the following representation and Party B will not make makes the following 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(e) of the 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 the this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Agreement 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 the Agreement this Agreement, and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
(ii) For the purposes of Section 3(f), Party A makes the following representation: Party A is a U.S. corporation organized under the laws of Delaware.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1)
Tax Representations. (a) Payer Representations For the purpose of Section 3(e) of the Agreement, Party A will make the following representation and Party B will not make the following 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(e) of the 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 the Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 the Agreement by reason of material prejudice to its legal or commercial position.
(b) Payee Representations For the purpose of Section 3(f) of the Agreement, Party A represents that: Party A is a tax resident of the United Kingdom;
Appears in 1 contract
Tax Representations. (a) Payer Representations Tax Representations. For the purpose of Section 3(e) of the this Agreement, Party A will make the following representation and Party B will not make each party makes the following 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(e) of the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it a party may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of the this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the Agreement 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 the Agreement this Agreement, and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Master Agreement (Conseco Inc)
Tax Representations. (a) Payer Representations PAYER TAX REPRESENTATIONS. For the purpose of Section 3(e) of the this Agreement, Party A will make the following representation and Party B will not each make the following 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(e) of the 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 the this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the this Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the this Agreement, provided 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) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Forward Stock Contract (Starwood Hotel & Resorts Worldwide Inc)
Tax Representations. (a) Payer Representations PAYER REPRESENTATIONS. For the purpose of Section 3(eSECTION 3(E) of the this Agreement, Party A will make the following representation and Party B will not make the following representation: 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 SECTION 2(e), 6(d)(ii6(d)(II) or OR 6(e) of the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:-
(i) the accuracy of any representations representation made by the other party pursuant to Section SECTION 3(f) of the this Agreement, ;
(ii) the satisfaction of the agreement contained in Section SECTION 4(a)(i) or 4(a)(iii4(a)(III) of the this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(iSECTION 4(a)(I) or 4(a)(iii4(a)(III) of the Agreement and this Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(dSECTION 4(D) of the this Agreement, provided 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)(iiiSECTION 4(A)(III) of the this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Isda Master Agreement (Magnetek Inc)
Tax Representations. (a) Payer Representations PAYER TAX REPRESENTATIONS For the purpose of Section 3(e) of the this Agreement, Party A and Party B will make the following representation and Party B will not make the following representationrepresentations: 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 the this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of the Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement and );
(iiiii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement; and
(iii) the accuracy of any representation made by the other party pursuant to Section 3(f) of this Agreement, provided ; PROVIDED that it shall not be a breach of this representation where reliance is placed on clause (iii) and the other party does not deliver a form or document under Section 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Isda Master Agreement (Me Portfolio Management LTD)
Tax Representations. (a) Payer Representations For the purpose Tax Representation. Each of Section 3(e) of the Agreement, Party A will make the following representation and Party B will not make the following 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 Sections 2(e), 6(d)(ii) or 6(e) of the Agreement)) to be made by it to the other party under this Agreement. In making this representation, it may rely on on:
(i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of the Agreement, hereof;
(ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or and Section 4(a)(iii) of the Agreement hereof and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or and Section 4(a)(iii) of the Agreement and hereof; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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 Part 4(a)(iii) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Tax Representations. (a) Payer Representations Tax Representation. For the purpose of Section 3(e) of the this Agreement, Party A each party will make the following representation and Party B will not make with respect to itself the following 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(e) of the 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 the this Agreement, ; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of the 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 the Agreement this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of the 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) of the Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Cert Ser 2002 2)