Where a Lender includes the indication described in sub-clause 12.2.9 above in [Schedule 1] (Original Parties), the Borrower shall file a duly completed form [[Unknown Identifier]] in respect of such Lender with HM Revenue & Customs within 30 days of the date of this Agreement and shall promptly provide the Lender with a copy of that filing provided that the Borrower shall not be liable in respect of any non-compliance with its obligations under this sub-clause 12.2.10 where such non-compliance is due to circumstances beyond the control of the Borrower (including, without limitation, any delay, failure or omission on the part of the relevant Lender or the Facility Agent to comply with any obligation owed to the Borrower, or to any inaccuracy in any information provided by the relevant Lender or the Facility Agent in connection with the DT Treaty Passport scheme).
if a Lender has notified its scheme reference number and its jurisdiction of tax residence in accordance with [Section 3.01(e)(iv)(A)], the relevant Designated Borrower shall file a duly completed Form [[Unknown Identifier]] to HM Revenue & Customs within 30 days of such notification and deliver a copy of the completed Form [[Unknown Identifier]] to the relevant Lender and Administrative Agent; provided that the failure by such Designated Borrower to file the form [[Unknown Identifier]] with regard to a particular Lender shall not negate such Designated Borrower’s obligations with regard to the UK tax gross up/indemnity provisions contained in this Agreement; # if a Lender has not notified its scheme reference number and jurisdiction of tax residence in accordance with [Section 3.01(e)(iv)(A)], no Designated Borrower shall make any filing or notification relating to the UK HMRC DT Treaty Passport Scheme in respect of that Lender or its participation in any Loan unless the Lender otherwise agrees;
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