Common use of Certain FATCA Matters Clause in Contracts

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.471-2(b)(2)(i).

Appears in 8 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

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Certain FATCA Matters. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementEffective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 7 contracts

Samples: Credit Agreement (Capri Holdings LTD), Credit Agreement (Capri Holdings LTD), Credit Agreement (Capri Holdings LTD)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 6 contracts

Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)

Certain FATCA Matters. For purposes of determining withholding Taxes taxes imposed under the FATCA, from and after the effective date of the AgreementEffective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.471§ 1.1471-2(b)(2)(i)) of the United States Income Tax Regulations.

Appears in 5 contracts

Samples: Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the Agreement, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 5 contracts

Samples: Credit Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co), Credit Agreement (Vonage Holdings Corp)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementEffective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 4 contracts

Samples: Credit Agreement (Teleflex Inc), Credit Agreement (Scotts Miracle-Gro Co), Credit Agreement (G Iii Apparel Group LTD /De/)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementClosing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 4 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementSeptember 23, 2014, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 3 contracts

Samples: Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.)

Certain FATCA Matters. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 3 contracts

Samples: Credit Agreement (Costar Group, Inc.), First Amendment (Costar Group, Inc.), Credit Agreement (Costar Group, Inc.)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementRestatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 2 contracts

Samples: Credit Agreement (Ametek Inc/), Credit Agreement (Heidrick & Struggles International Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Credit Agreement (Amtrust Financial Services, Inc.), Credit Agreement

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 2 Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Littelfuse Inc /De)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after FATCA the effective date of the Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Hillenbrand, Inc.)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementRestatement Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (TimkenSteel Corp)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Certain FATCA Matters. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementEffective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Loan Agreement (Brown & Brown, Inc.)

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Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after FATCA the effective date of the Agreement, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments extended to the Company as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Chart Industries Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 4 Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Watsco Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the effective date of the AgreementSeptember 8, 2015, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Dhi Group, Inc.)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementDecember 12, 2014, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Cubic Corp /De/)

Certain FATCA Matters. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and Commitments this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Costar Group Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementJune 25, 2015, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 3 Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Chicos Fas Inc)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 2 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Amtrust Financial Services, Inc.)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment and Restatement Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (KAMAN Corp)

Certain FATCA Matters. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of the AgreementAmendment No. 1 Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans and Commitments as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.4711.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Dhi Group, Inc.)

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