Common use of Documentation Required by XXXXX Clause in Contracts

Documentation Required by XXXXX. If a payment made to a Lender under any Transaction Document would be subject to U.S. federal withholding tax imposed by FATCA if such 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 Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or 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 or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx has complied with such Xxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 5 contracts

Samples: Loan and Security Agreement (Bird Global, Inc.), Loan and Security Agreement (Bird Global, Inc.), Loan and Security Agreement (Bird Global, Inc.)

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Documentation Required by XXXXX. If a payment made to a Lender under any Transaction Document hereunder would be subject to U.S. federal withholding tax Tax imposed by FATCA if such 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 Lender shall deliver to the 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 Borrower or the Administrative Agent such documentation prescribed by Applicable Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Lender has complied with such XxxxxxLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Cna Financial Corp), Revolving Credit Agreement (Cna Financial Corp), Revolving Credit Agreement (Cna Financial Corp)

Documentation Required by XXXXX. If a payment made to a Lender Purchaser under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender 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 Purchaser shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower 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 Borrower Seller or the Administrative Agent as may be necessary for the Borrower Seller and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Purchaser has complied with such XxxxxxPurchaser’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Gray Television Inc), Receivables Purchase Agreement (Wolverine World Wide Inc /De/)

Documentation Required by XXXXX. If a payment made to a Lender an Affected Person under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender Affected Person 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 Affected Person shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the 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 Borrower or the Administrative Agent as may be 49762333169 19631658 762333169 19631658 necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Affected Person has complied with such XxxxxxAffected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Receivables Financing Agreement (Compass Minerals International Inc)

Documentation Required by XXXXX. If a payment made to a Lender an Affected Person under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender Affected Person 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 Affected Person shall deliver to the Borrower Sellers and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower Sellers 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 Sellers or the Administrative Agent as may be necessary for the Borrower Sellers and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Affected Person has complied with such XxxxxxAffected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.)

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

Appears in 1 contract

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)

Documentation Required by XXXXX. If a payment made to a Lender under any Transaction Loan Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such 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 Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by Applicable Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx has complied with such Xxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fSection 2.16(f)(D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Varagon Capital Corp)

Documentation Required by XXXXX. If a payment made to a Lender an Investor under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender Investor were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section Sections 1471(b) or 1472(b) of the Code, as applicable), such Lender Investor shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower Seller or Administrative the 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 Seller or the Administrative Agent as may be necessary for the Borrower Seller and the Administrative Agent to comply with their obligations under FATCA and FATCA, to determine that whether such Xxxxxx Investor has or has not complied with such XxxxxxInvestor’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for For purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement and any intergovernmental agreement or similar agreement intended to facilitate compliance with, or otherwise related to FATCA.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Audacy, Inc.)

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Documentation Required by XXXXX. If a payment made to a Lender Credit Party under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender Credit Party 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 Credit Party shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the 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 Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Credit Party has complied with such XxxxxxCredit Party’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Receivables Financing Agreement (DCP Midstream, LP)

Documentation Required by XXXXX. If a payment made to a Lender Purchaser under 48 any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender 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 Purchaser shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by Seller or the Borrower or 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 Seller or the Administrative Agent as may be necessary for the Borrower Seller and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx Purchaser has complied with such XxxxxxPurchaser’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (MSC Industrial Direct Co Inc)

Documentation Required by XXXXX. If a payment made to a Lender an Affected Person under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such Lender Affected Person were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender Affected Person shall deliver to the Borrower Seller and the Administrative Agent Administrator at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower Seller or Administrative Agent the Administrator such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Borrower Seller or the Administrative Agent Administrator as may be necessary for the Borrower Seller and the Administrative Agent Administrator to comply with their obligations under FATCA and to determine that such Xxxxxx Affected Person has complied with such XxxxxxAffected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with FATCA.

Appears in 1 contract

Samples: Receivables Purchase Agreement (TransDigm Group INC)

Documentation Required by XXXXX. If a payment made to a Lender under any Transaction Document would be subject to U.S. federal withholding tax Tax imposed by FATCA if such 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 Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the 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 Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Xxxxxx has complied with such XxxxxxLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (fg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.)

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