Common use of Withholding Forms Clause in Contracts

Withholding Forms. (i) Each Lender that is not created or organized under the laws of the United States or a political subdivision thereof shall deliver to the Company on or before the date of the Restatement Date or upon becoming, and from time to time thereafter upon the Company’s request, a Lender a true and accurate certificate executed in duplicate by a duly authorized officer of such Lender to the effect that such L▇▇▇▇▇ is eligible to receive payments hereunder and under the Notes without deduction or withholding of United States federal income tax (I) under the provisions of an applicable tax treaty concluded by the United States (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 1001 (or any successor or substitute form or forms)) or (II) under Sections 1441(c) (1) and l442(a) of the Code (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 4224 (or any successor or substitute form or forms)), or (III) in the case of any Lender claiming exemption from United States withholding tax with respect to “portfolio interest,” a properly completed and executed IRS Form W-8 (or any successor or substitute form or forms) and a certificate representing that such holder is not a “bank” for purposes of Section 881(c) of the Code, is not a “10% shareholder” of the Company within the meaning of Section 871(h)(3)(B) of the Code, and is not a “controlled foreign corporation” with respect to the Company within the meaning of Section 864(d)(4) of the Code.

Withholding Forms. (i) Each Lender that is not created or organized under the laws of the United States or a political subdivision thereof shall deliver to the Company on or before the date of the Restatement Date or upon becoming, and from time to time thereafter upon the Company’s request, a Lender a true and accurate certificate executed in duplicate by a duly authorized officer of such Lender to the effect that such L▇▇▇▇▇ Lender is eligible to receive payments hereunder and under the Notes without deduction or withholding of United States federal income tax (I) under the provisions of an applicable tax treaty concluded by the United States (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 1001 (or any successor or substitute form or forms)) or (II) under Sections 1441(c) (1) and l442(a) of the Code (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 4224 (or any successor or substitute form or forms)), ) or (III) in the case of any Lender claiming exemption from United States withholding tax with respect to “portfolio interest,” a properly completed and executed IRS Form W-8 (or any successor or substitute form or forms) and a certificate representing that such holder is not a “bank” for purposes of Section 881(c) of the Code, is not a “10% shareholder” of the Company within the meaning of Section 871(h)(3)(B) of the Code, and is not a “controlled foreign corporation” with respect to the Company within the meaning of Section 864(d)(4) of the Code.

Withholding Forms. (i) Each Lender that Holder which is not created or organized under the laws of the United States or a political subdivision thereof shall deliver to the Company Parent on or before the date of the Restatement Date Closing or upon becoming, and from time to time thereafter upon the Company’s Parent's request, a Lender a true and accurate certificate executed in duplicate by a duly authorized officer of such Lender Holder to the effect that such L▇▇▇▇▇ Holder is eligible to receive payments hereunder and under the Notes Debentures without deduction or withholding of United States federal income tax (I) under the provisions of an applicable tax treaty concluded by the United States (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 1001 (or any successor or substitute form or forms)) or (II) under Sections 1441(c) (1) and l442(a1442(a) of the Internal Revenue Code (in which case the certificate shall be accompanied by two duly completed copies of IRS Form 4224 (or any successor or substitute form or forms)), ) or (III) in the case of any Lender Holder claiming exemption from United States withholding tax with respect to “"portfolio interest,” " a properly completed and executed IRS Internal Revenue Service Form W-8 (or any successor or substitute form or forms) and a certificate representing that such holder is not a “"bank” " for purposes of Section 881(c) of the Internal Revenue Code, is not a “"10% shareholder” " of the Company Parent within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code, and is not a “"controlled foreign corporation” " with respect to the Company Parent within the meaning of Section 864(d)(4) of the Internal Revenue Code.