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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 {{isdaprov|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 {{isdaprov|Payee Tax Representation}} from the other party;
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| :(ii) the other party providing tax documents as required under Section {{isdaprov|4(a)}} and those documents being effective; and
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| :(iii) the other party telling it if its {{isdaprov|Payee Tax Representations}} are not accurate, as is required under Section {{isdaprov|4(d)}};
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| 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>
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