Template:ISDA Master Agreement 2002 Payer Tax Representations: Difference between revisions
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'''{{isdaprov|Payer Tax Representations}}'''. For the purpose of Section {{isdaprov|3(e)}}, Party A and Party B each makes the following [[representation]]:<br> | '''{{isdaprov|Payer Tax Representations}}'''. For the purpose of Section {{isdaprov|3(e)}}, Party A and Party B each makes the following [[representation]]:<br> | ||
It is not required by any [[applicable law]], as modified by the practice of any relevant governmental revenue authority, of any {{isdaprov|Relevant Jurisdiction}} to make any deduction or withholding for or on account of any {{isdaprov|Tax}} from any payment (other than interest under Section {{gmslaprov|9(h)}} of this {{isdaprov|Agreement}}) to be made by it to the other party under this {{isdaprov|Agreement}}. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section {{isdaprov|3(f)}} of this {{isdaprov|Agreement}}, (ii) the satisfaction of the agreement contained in Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} of this {{isdaprov|Agreement}} and the accuracy and effectiveness of any document provided by the other party pursuant to Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} of this {{isdaprov|Agreement}} and (iii) the satisfaction of the agreement of the other party contained in Section {{isdaprov|4(d)}} of this {{isdaprov|Agreement}}, except that it will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section {{isdaprov|4(a)(iii)}} by reason of material prejudice to its legal or commercial position. | It is not required by any [[applicable law]], as modified by the practice of any relevant governmental revenue authority, of any {{isdaprov|Relevant Jurisdiction}} to make any deduction or withholding for or on account of any {{isdaprov|Tax}} from any payment (other than interest under Section {{gmslaprov|9(h)}} of this {{isdaprov|Agreement}}) to be made by it to the other party under this {{isdaprov|Agreement}}. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section {{isdaprov|3(f)}} of this {{isdaprov|Agreement}}, (ii) the satisfaction of the agreement contained in Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} of this {{isdaprov|Agreement}} and the accuracy and effectiveness of any document provided by the other party pursuant to Section {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} of this {{isdaprov|Agreement}} and (iii) the satisfaction of the agreement of the other party contained in Section {{isdaprov|4(d)}} of this {{isdaprov|Agreement}}, except that it will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section {{isdaprov|4(a)(iii)}} by reason of material prejudice to its legal or commercial position. <br> | ||
Revision as of 15:35, 26 July 2019
Payer Tax Representations. For the purpose of Section 3(e), Party A and Party B each makes the following representation:
It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, except that it will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.