Template:Nutshell 2002 ISDA Payer Tax Representations: Difference between revisions

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(Replaced content with "{{Nutshell 2002 ISDA 3(e)}} ---- {{Nutshell 2002 ISDA Schedule 2(a)}}")
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'''{{isdaprov|Payer Tax Representations}}'''. Under Section {{isdaprov|3(e)}} each party makes the following [[representation]]:<br>
{{Nutshell 2002 ISDA 3(e)}}
 
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It is not required by any [[applicable law]], or governmental practice in any {{isdaprov|Relevant Jurisdiction}} to deduct or withhold any {{isdaprov|Tax}} from any payment (other than [[interest]] under Section {{gmslaprov|9(h)}}) due by it to the other party. In making this [[representation]], it may rely on: <br>
{{Nutshell 2002 ISDA Schedule 2(a)}}
:(i) the accuracy of any Section {{isdaprov|3(f)}} [[representation]]s from the other party;
:(ii) the satisfaction of the Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} agreement and the effectiveness of any Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} documents from the other party; and
:(iii) the satisfaction of the other party’s Section {{isdaprov|4(d)}} agreement;
It will not be a breach of this [[representation]] to rely on clause (ii) above where the other party does not deliver a Section {{isdaprov|4(a)(iii)}} document by reason of material prejudice to its legal or commercial position. <br>

Latest revision as of 13:03, 12 May 2023

3(e) Payer Tax Representation. Each of its Payer Tax Representations specified in the Schedule is true.

Schedule 2(a) Payer Tax Representations. Under Section 3(e) each party makes the following representation:

It is not required by any applicable law, or governmental practice in any Relevant Jurisdiction to deduct or withhold any Tax from any payment (other than interest under Section 9(h)) due by it to the other party. In making this representation, it may rely on:

(i) the accuracy of any Payee Tax Representation from the other party;
(ii) the other party providing tax documents as required under Section 4(a) and those documents being effective; and
(iii) the other party telling it if its Payee Tax Representations are not accurate, as is required under Section 4(d);

It will not be a breach of this representation to rely on clause (ii) above where the other party does not deliver a Section 4(a)(iii) document by reason of material prejudice to its legal or commercial position.

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