TAXES
UNTIL THE DATE SUCH NOTICE WAS ACTUALLY RECEIVED BY DURATEK.
(D)
WITHIN THIRTY (30) DAYS AFTER THE DATE OF ANY PAYMENT OF COVERED
TAXES OR OTHER TAXES BY THE ANY LOAN PARTY, SUCH LOAN PARTY SHALL FURNISH TO THE
ADMINISTRATIVE AGENT, AT ITS ADDRESS REFERRED TO IN SECTION 11.1 HEREOF, THE
ORIGINAL OR A CERTIFIED COPY OF A RECEIPT EVIDENCING PAYMENT THEREOF.
THE
APPLICABLE LOAN PARTY SHALL COMPENSATE EACH LENDER TO THE EXTENT THAT SUCH
LENDER IS REQUIRED TO PAY ANY COVERED TAXES OR OTHER TAXES (OR APPLICABLE
PENALTIES, INTEREST AND EXPENSES) AS A RESULT OF ANY FAILURE BY SUCH LOAN PARTY
TO SO FURNISH SUCH COPY OF SUCH RECEIPT.
(E)
THE AGREEMENTS AND OBLIGATIONS OF THE LOAN PARTIES CONTAINED IN
THIS SECTION 2.14 SHALL SURVIVE THE INDEFEASIBLE PAYMENT IN FULL OF THE
OBLIGATIONS.
(F)
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT,
TO THE EXTENT THAT SUCH PERSON IS AT SUCH TIME LEGALLY ENTITLED TO DO SO, ON THE
DATE A PERSON BECOMES AN AGENT OR LENDER HEREUNDER AND AT SUCH OTHER TIMES AS
REASONABLY REQUESTED BY DURATEK OR THE ADMINISTRATIVE AGENT IN WRITING, SUCH
PERSON MUST PROVIDE TO DURATEK AND THE ADMINISTRATIVE AGENT TWO PROPERLY
COMPLETED AND DULY EXECUTED ORIGINALS OF EACH OF THE FOLLOWING, AS APPLICABLE:
(I) FORM W-8ECI (IN THE CASE OF A NON-U.S. PERSON CLAIMING EXEMPTION FROM
WITHHOLDING BECAUSE THE INCOME IS EFFECTIVELY CONNECTED WITH A U.S. TRADE OR
BUSINESS), (II) FORM W-8BEN (IN THE CASE OF A NON-U.S. PERSON CLAIMING EXEMPTION
FROM, OR REDUCTION
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OF, WITHHOLDING TAX UNDER AN INCOME TAX TREATY OR UNDER THE PORTFOLIO INTEREST
EXEMPTION), (III) WITH RESPECT TO ANY INTEREST IN THIS AGREEMENT IN WHICH A
PARTICIPATION HAS BEEN SOLD, A FORM W-8IMY ALONG WITH ACCOMPANYING FORM W-8BEN
(CLAIMING EXEMPTION FROM WITHHOLDING UNDER THE PORTFOLIO INTEREST EXEMPTION),
(IV) ANY OTHER APPLICABLE FORM, CERTIFICATE OR DOCUMENT NECESSARY TO ESTABLISH
SUCH NON-U.S. PERSON'S ENTITLEMENT TO EXEMPTION FROM UNITED STATES FEDERAL
WITHHOLDING TAX OR REDUCED RATE WITH RESPECT TO ALL PAYMENTS TO BE MADE TO SUCH
NON-U.S. PERSON UNDER THIS AGREEMENT, OR (V) FORM W-9 (CLAIMING EXEMPTION FROM
BACKUP WITHHOLDING TAX), OR ANY SUCCESSOR FORMS.
EACH AGENT AND LENDER AGREES
THAT FROM TIME TO TIME AFTER THE ORIGINAL AGREEMENT DATE, WHEN A LAPSE IN TIME
OR CHANGE IN CIRCUMSTANCES RENDERS THE PREVIOUS CERTIFICATION OBSOLETE OR
INACCURATE IN ANY MATERIAL RESPECT, SUCH AGENT OR LENDER WILL, TO THE EXTENT
THAT SUCH AGENT OR LENDER IS AT SUCH TIME LEGALLY ENTITLED TO DO SO, DELIVER TO
DURATEK AND THE ADMINISTRATIVE AGENT TWO NEW ACCURATE AND COMPLETE ORIGINAL
SIGNED COPIES OF THE APPLICABLE CERTIFICATION FORM.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS SECTION 2.14, A LENDER SHALL NOT BE ENTITLED TO PAYMENT ON
ACCOUNT OF OR INDEMNIFICATION FOR COVERED TAXES THAT ARE U.S. FEDERAL
WITHHOLDING TAXES THAT ARE IMPOSED PURSUANT TO A LAW IN EFFECT AT THE TIME SUCH
LENDER BECOMES A PARTY TO THIS AGREEMENT, EXCEPT, IN THE CASE OF AN ASSIGNEE TO
THE EXTENT THAT SUCH LENDER'S ASSIGNOR (IF ANY)