Common use of Failure to Provide Certification Clause in Contracts

Failure to Provide Certification. Recco shall not be required to pay any increased amounts or indemnify any Foreign Lender with respect to Taxes pursuant to Section 2.10 if the obligation to withhold or indemnify with respect to such Taxes results from, or would not have occurred but for, the failure of any Foreign Lender to deliver the forms described in Section 2.11 in the manner and at the times specified in such paragraphs; provided, however, that Recco shall be required to pay any Taxes resulting from a change in law (or interpretation thereof) that becomes effective after the date hereof (other than, in the case of a tax treaty which does not have a limitation of benefits" provision, the addition of a limitation of benefits provision to such treaty). A Foreign Lender shall not be required to deliver any form or statement pursuant to Section 2.11 that such Foreign Lender is not legally able to deliver.

Failure to Provide Certification. Recco shall not be required to pay any increased amounts or indemnify any Foreign Lender the Lenders with respect to Taxes pursuant to Section 2.10 if the obligation to withhold or indemnify with respect to such Taxes results from, or would not have occurred but for, the failure of any Foreign Lender to deliver the forms described in Section 2.11 in the manner and at the times specified in such paragraphs; provided, however, that Recco shall be required to pay any Taxes resulting from a change in law (or interpretation thereof) that becomes effective after the date hereof (other than, in the case of a tax treaty which does not not have a "limitation of benefits" provision, the addition of a limitation of benefits provision to such treaty). A Foreign Lender shall not be required to deliver any form or statement pursuant to Section 2.11 that such Foreign Lender is not legally able to deliver.