Common use of Forms W-9 Clause in Contracts

Forms W-9. The Administrative Agent, the L/C Issuer and each Lender that is a United States person (as such term is defined in Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended) for United States federal income tax purposes (a "U.S. Lender") shall deliver to the Administrative Agent and the Borrower on or prior to the Closing Date (or, if later, on or prior to the date on which such Lender becomes a party to this Agreement) two original copies of Internal Revenue Service Form W-9 (or any successor form), properly completed and duly executed by such Lender, certifying that such U.S. Lender is entitled to an exemption from United States backup withholding tax. Borrower shall not be required to pay any additional amounts to any U.S. Lender under this Agreement if such amounts arise as a result of such Lender's failure to comply with the preceding sentence; provided, however, that Borrower shall not be relieved of its obligation to pay any such additional amounts after such time as any such Lender shall have cured any such failure.

Appears in 2 contracts

Sources: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)