Common use of Internal Revenue Service Forms Clause in Contracts

Internal Revenue Service Forms. The Administrative Agent shall deliver to the Borrowers, on or before the Effective Date, two duly completed copies of Internal Revenue Service Form W-8IMY certifying that it is a “U.S. branch” and that the payments it receives for the account of others are not effectively connected with the conduct of its trade or business in the United States of America and that it is using such form as evidence of its agreement with the Borrowers to be treated as a United States person with respect to such payments (and the Borrowers and the Administrative Agent agree to so treat the Administrative Agent as a United States person with respect to such payments), with the effect that the Borrowers can make payments to the Administrative Agent without deduction or withholding of any Taxes imposed by the United States of America.

Internal Revenue Service Forms. The Administrative Agent shall deliver to the BorrowersCompany, on or before the Restatement Effective Date, two duly completed copies of Internal Revenue Service Form W-8IMY certifying that it is a “U.S. branch” and that the payments it receives for the account of others are not effectively connected with the conduct of its trade or business in the United States of America and that it is using such form as evidence of its agreement with the Borrowers Company to be treated as a United States person with respect to such payments (and the Borrowers Company and the Administrative Agent agree to so treat the Administrative Agent as a United States person with respect to such payments), with the effect that the Borrowers Obligors can make payments to the Administrative Agent without deduction or withholding of any Taxes imposed by the United States of America.