|
|
(9 intermediate revisions by the same user not shown) |
Line 1: |
Line 1: |
| {{isdasnap|3(e)}} | | {{newisdamanual|3(e)}} |
| ====Commentary====
| |
| The usual form of the Payer Tax Representations, which you'll find in Part 2 of the Swap {{isdaprov|Schedule}}, is as follows:
| |
| | |
| {{box|(a) {{isdaprov|Payer Tax Representations}}: For the purposes of Section {{isdaprov|3(e)}} each party represents that it is not required by {{isdaprov|Applicable Rules}} to make any deduction or withholding for or on account of any {{isdaprov|Tax}} from any payment (other than interest under Section {{isdaprov|9(h)}}) 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 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.}}
| |
| | |
| ====See Also====
| |
| *{{isdaprov|Tax}}
| |
| *{{isdaprov|Gross-Up}}
| |
| *{{isdaprov|Furnish Specified Information}}
| |
| {{isdaanatomy}}
| |