Common use of U.S. Tax Forms Clause in Contracts

U.S. Tax Forms. (a) The Borrower hereby confirms to each Original Lender that it has made an election to be disregarded as an entity separate from Smithfield International Investments, Inc., a Delaware corporation, its single member owner, for US federal income tax purposes. (b) Accordingly, each Lender that is not a United States person (as defined in Section 7701 (a)(30) of the Code) shall, to the extent permitted by law, deliver to the Agent for forwarding to the Borrower (on or before the date of the first payment of interest after such Lender becomes a party to this Agreement) a duly completed copy of Internal Revenue Service Form W-8BEN, or Form W-8ECI, if applicable, or any successor forms, or any other forms as may be necessary to establish a reduction in, or complete exemption from, US withholding tax on payments of interest on the Loans. (c) To the extent that any such forms become obsolete as a result of lapse of time or change in circumstances, each Lender shall (promptly on the request of the Borrower in the case of such form becoming obsolete as a result of lapse of time), to the extent permitted by law, deliver to the Agent for forwarding to the Lenders, revised forms as may be necessary to establish a reduction in, or complete exemption from, US withholding tax on such payments. (d) A Lender is not obliged to supply any form under paragraph (b) above if it is unable to do so by reason of any change after the date of this Agreement in (or in the interpretation, administration or application of) any law or regulation or any published practice or concession of any relevant taxing authority. (e) The Borrower is not obliged to pay any Tax Payment to a Lender to the extent that the Tax Payment would not have been payable if that Lender had complied with its obligations under this Subclause.

U.S. Tax Forms. (a) The Borrower hereby confirms Except as otherwise agreed by the Parent, each Bank (other than a Bank organised under the federal laws of, or the laws of any of, the United States of America or the District of Columbia) shall, subject to paragraph (c) below, deliver to each Original Lender US Borrower and the Agent within 30 days from the date it becomes a party to this Agreement (and prior to the expiry of any such form previously provided by that it has made Bank), two accurate and complete original signed copies of US Internal Revenue Service Form W-8BEN (with respect to a complete exemption under an election income tax treaty) or W-8ECI, whichever is applicable or any successor or additional form allowing the US Borrower to be disregarded as an entity separate from Smithfield International Investments, Inc., a Delaware corporation, its single member owner, for US make payments to that Bank without deduction or withholding in respect of federal income tax purposes. (b) Accordingly, each Lender that is not a in the United States person of America provided that W-8BEN or W-8ECI (as defined in Section 7701 (a)(30or successor forms) of the Code) shall, to the extent permitted by law, deliver to the Agent for forwarding to the Borrower (on or before the date of shall be delivered no later than the first payment of interest Repayment Date after such Lender the relevant Bank becomes a party to this Agreement. (b) Except as otherwise agreed by the Parent, each Bank that is organised under the federal laws of, or the laws of any of, the United States of America or the District of Columbia shall, subject to paragraph (c) below, deliver to each US Borrower and the Agent within 30 days from the date it becomes a party to this Agreement (and prior to the expiry of any such form previously provided by the Bank) two accurate and complete original copies of duly completed copy of executed US Internal Revenue Service Form W-8BEN, or Form W-8ECI, if applicable, Forms W-9 or any successor forms, or any other forms as may be necessary to establish a reduction in, or complete exemption from, US withholding tax on payments of interest on the Loanssuch form. (c) To No Bank is obliged to deliver any form(s) under clause 10.6(b) or paragraph (a) or (b) above if the extent Bank is unable to complete the form(s) in a manner which will enable the US Borrower to make payments to that any such forms become obsolete Bank without deduction or withholding in respect of Taxes in the United States of America as a result of lapse the introduction of time or any change in circumstances, each Lender shall (promptly on the request of the Borrower in the case of such form becoming obsolete as a result of lapse of time), to the extent permitted by law, deliver to the Agent for forwarding to the Lenders, revised forms as may be necessary to establish a reduction in, or complete exemption fromin the interpretation or application by any relevant authority of, any law, treaty or regulation or any practice, position or concession of the US withholding tax on such paymentsInternal Revenue Service after the date of this Agreement. (d) A Lender is not obliged to supply any form under paragraph (b) above if The Agent agrees that it is unable to do so by reason of any change after will furnish on the date of this Agreement in (and prior to the expiry of any such form previously provided by the Agent) to each US Borrower, with respect to fees payable to it, two accurate and complete original signed copies of either (i) Internal Revenue Service Forms W-8ECI (or in successor form) (if the interpretationservices are performed by a US branch), administration or application of(ii) any law or regulation or any published practice or concession of any relevant taxing authority. (e) The Borrower is not obliged to pay any Tax Payment to a Lender to the extent statement that the Tax Payment would not have been payable services will be performed entirely outside the US, or, if that Lender had complied appropriate, Internal Revenue Service Form W-8BEN (establishing a complete exemption under an income tax treaty) with its obligations under this Subclauserespect to those services.