STSA » Topics » Taxes

This excerpt taken from the STSA 8-K filed May 20, 2005.
Taxes”).  If any Taxes are required to be withheld or deducted from any amount payable under this Agreement, then the amount payable under this Agreement shall be increased to the amount which, after deduction from such increased amount of all Taxes required to be withheld or deducted therefrom, will yield to the Lender the amount stated to be payable under this Agreement.  The Borrower shall also hold the Lender harmless and indemnify it for any stamp or other taxes of the United States of America or any state or political subdivision thereof with respect to the preparation, execution, delivery, recording, performance or enforcement of the Credit Documents (all of which shall be included within “Taxes”).  If any of the Taxes specified in this Section 4.04(a) are paid by the Lender, the Borrower shall, upon demand of the Lender, promptly reimburse the Lender for such payments, together with any interest, penalties and reasonable expenses incurred in connection therewith.  The Borrower shall deliver to the Administrative Agent certificates or other valid vouchers for all Taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder.  Notwithstanding the foregoing, the Borrower shall be entitled, to the extent required to do so by law, to deduct or withhold (and shall not be required to make payments as otherwise required by this Section 4.04 on account of such deductions or withholdings) income or other similar taxes imposed by the United States of America or any state or political subdivision thereof or any taxing authority

 

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thereof from interest, fees or other amounts payable hereunder for the account of the Lender other than if Lender (A) is a U.S.  Person for U.S. federal income tax purposes or (B) has the Prescribed Forms on file with the Borrower for the applicable year to the extent deduction or withholding of such taxes is not required as a result of such filing of such Prescribed Forms; provided that, if the Borrower shall so deduct or withhold any such taxes, the Borrower shall provide a statement to the Administrative Agent and the Lender, setting forth the amount of such taxes so deducted or withheld, the applicable rate and any other information or documentation which the Lender may reasonably request for assisting the Lender to obtain any allowable credits or deductions for the taxes so deducted or withheld in the jurisdiction or jurisdictions in which the Lender is subject to tax.

 

(ii)           The Lender shall deliver to the Borrower and the Administrative Agent two duly completed copies of United States Internal Revenue Service Form 1001 or W-8BEN or 4224 or W-8ECI (or any successor form or forms), certifying in either case that the Lender is entitled to receive payments under this Agreement without deduction or withholding of any United States federal income taxes (“
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