Common use of Compliance with FATCA Clause in Contracts

Compliance with FATCA. If a payment made to a Lender or L/C Issuer under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender or L/C Issuer were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender or L/C Issuer shall deliver to the Borrower Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Representative or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Representative or the Administrative Agent as may be necessary for the Borrowers and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender or L/C Issuer, as the case may be, has complied with such Lender’s and L/C’s Issuer’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (d), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Compliance with FATCA. If a payment made to a Lender or L/C Issuer Purchaser under any Loan Document the Agreement would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender or L/C Issuer Purchaser were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender or L/C Issuer Purchaser shall deliver to the Borrower Representative Seller Parties and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Representative Seller Parties or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Representative Seller Parties or the Administrative Agent as may be necessary for the Borrowers Seller Parties and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender or L/C Issuer, as the case may be, Purchaser has complied with such Lender’s and L/C’s Issuer’s its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for In the event that a Purchaser does not deliver to the Seller Parties and the Agent the documentation prescribed by applicable law or reasonably requested by the Seller Parties or the Agent, as required under this Section 2.9, the Seller Parties and the Agent shall be authorized to deduct from payments to be made to such Purchaser amounts representing taxes payable by such Purchaser under FATCA, as determined in the sole discretion of the Seller Parties or the Agent, and to remit such amounts to the applicable governmental authorities. For purposes of this clause (d)Section 2.9, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Compliance with FATCA. If a payment made to a Lender or L/C Issuer Purchaser under any Loan Document the Agreement would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender or L/C Issuer Purchaser were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender or L/C Issuer Purchaser shall deliver to the Borrower Representative Seller Parties and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Representative Seller Parties or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Representative Seller Parties or the Administrative Agent as may be necessary for the Borrowers Seller Parties and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender or L/C Issuer, as the case may be, Purchaser has complied with such Lender’s and L/C’s Issuer’s its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of In the event that a Purchaser does not deliver to the Seller Parties and the Agent the documentation prescribed by applicable law or reasonably requested by the Seller Parties or the Agent, as required under this clause (d)Section 2.9, “FATCA” the Seller Parties and the Agent shall include any amendments be authorized to deduct from payments to be made to FATCA after the date of this Agreement.such