Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 43 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Macon Financial Corp.)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.
Appears in 8 contracts
Samples: Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Levitt Corp), Hersha Hospitality Trust
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts (other than payments of principal) payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Mercantile Bancorp, Inc.), Greater Bay Bancorp, Monarch Financial Holdings, Inc.
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 5 contracts
Samples: Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (Pacific Crest Capital Inc), Coastal Bancorp Inc
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 55
Appears in 4 contracts
Samples: Trust Agreement (Local Financial Corp /Nv), Indenture (Bank of Kentucky Financial Corp), Matrix Bancorp Inc
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor formor supplemental form or certificate) establishing its non-entitlement to a complete exemption from U.S. status for U.S. federal income tax purposeswithholding tax.
Appears in 2 contracts
Samples: Supplemental Indenture (BRT Realty Trust), BRT Realty Trust
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 56
Appears in 2 contracts
Samples: Indenture (United Community Bancorp), Indenture (United Community Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 56 Exhibit D
Appears in 2 contracts
Samples: Trust Agreement (United Community Bancorp), Trust Agreement (United Community Bancorp)
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. ARTICLE XI
Appears in 2 contracts
Samples: Georgia Bancshares Inc//, Simmons First National Corp
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 58
Appears in 2 contracts
Samples: Flag Financial Corp, Capital Bancorp Inc
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 57
Appears in 2 contracts
Samples: Simmons First National Corp, Simmons First National Corp
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal United States Federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal United States Federal income tax purposes.. ARTICLE XI
Appears in 1 contract
Samples: State National Bancshares, Inc.
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service 58 Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: United Bancorp Inc /Oh/
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposeswithholding tax.
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. 58 ARTICLE XI Redemption of Securities
Appears in 1 contract
Samples: Flag Financial Corp
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue 58 Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Tidelands Bancshares Inc
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. EXHIBIT 4.2 ARTICLE XI Redemption of Securities
Appears in 1 contract
Samples: Pab Bankshares Inc
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.. -57- 64 ARTICLE XI
Appears in 1 contract
Samples: Vib Corp
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposes.withholding tax. EXHIBIT D ARTICLE XI
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts amounts, other than payments orof principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-U.S. status for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Southcoast Financial Corp
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-8BEN (or any substitute or successor form) establishing its non-status as completely exempt from U.S. status for U.S. federal income tax purposes.withholding tax. EXHIBIT D
Appears in 1 contract
Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes.. 57
Appears in 1 contract
Samples: MortgageIT Holdings, Inc.
