Common use of Documentation Required by FATCA Clause in Contracts

Documentation Required by FATCA. If a payment made to a Recipient under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient 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 Recipient shall deliver to the Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Seller 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 Seller or the Administrative Agent as may be necessary for the Seller and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient has complied with such Recipient’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.

Documentation Required by FATCA. If a payment made to a Recipient the Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient the Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the CodeIRC, as applicable), such Recipient the Lender shall deliver to the Seller and the Administrative Agent Borrower at the time or times prescribed by Applicable Law law and at such time or times reasonably requested in writing by the Seller or the Administrative Agent Borrower such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Seller or the Administrative Agent Borrower as may be necessary for the Seller and the Administrative Agent Borrower to comply with their its obligations under FATCA and to determine that such Recipient the Lender has complied with such Recipientthe Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement and Agreement. The Lender agrees that if any fiscal form or regulatory legislationcertification it previously delivered expires or becomes obsolete or inaccurate in any respect, rules it shall update such form or practices adopted after certification or promptly notify the date Borrower in writing of this Agreement pursuant its legal inability to any intergovernmental agreement entered into in connection with FATCAdo so.

Documentation Required by FATCA. If a payment made to a Recipient Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the CodeIRC, as applicable), such Recipient Lender shall deliver to the Seller Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Seller Borrower or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Seller Borrower or the Administrative Agent as may be necessary for the Seller Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient Lender has complied with such RecipientLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement Agreement. For purposes of determining withholding Taxes imposed under FATCA, the Borrower and any fiscal or regulatory legislation, rules or practices adopted after the date Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement

Documentation Required by FATCA. If a payment made to a Recipient Lender under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient Lender 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 Recipient Lender shall deliver to the Seller Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Seller Borrower 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 Seller Borrower or the Administrative Agent as may be necessary for the Seller Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient Lender has complied with such RecipientLender’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.

Documentation Required by FATCA. If a payment made to a Recipient Purchaser under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient 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 Recipient Purchaser shall deliver to the Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Seller 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 Seller or the Administrative Agent as may be necessary for the Seller and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient Purchaser has complied with such RecipientPurchaser’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.

Documentation Required by FATCA. If a payment made to a Recipient Lender under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient Lender 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 Recipient Lender shall deliver to the Seller Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Seller Borrower 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 Seller Borrower or the Administrative Agent as may be necessary for the Seller Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient Lender has complied with such RecipientLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gf), “FATCA” shall include any amendments made to FATCA after the date of this Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.