FATCA Compliance. The Subscriber acknowledges and agrees that, in order to comply with the provisions of the U.S. Foreign Account Tax Compliance Act (“FATCA”) and avoid the imposition of U.S. federal withholding tax, the Fund and the Adviser may from time to time require further information or documentation from the Subscriber and, if and to the extent required under FATCA, the Subscriber’s direct and indirect beneficial owners (if any), relating to or establishing such person’s identity, residence (or jurisdiction of formation) and income tax status, and may provide or disclose such information and documentation to the U.S. Internal Revenue Service. The Subscriber agrees that it shall provide such information and documentation concerning itself and its beneficial owners (if any), as and when requested by the Fund or the Adviser sufficient for the Fund, as applicable, to comply with its obligations under FATCA. The Subscriber acknowledges that, if the Subscriber does not provide the information and documentation requested by the Fund, the Fund may, at its sole option and in addition to all other remedies available at law or in equity, immediately redeem or require compulsory Transfer of the Subscriber’s Shares, prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the Fund. The Subscriber hereby agrees to indemnify and hold harmless the Fund from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the Fund, the Adviser or any of their respective affiliates for any form of damages or liability as a result of any of the aforementioned actions.
FATCA Compliance. The Issuer represents, warrants and covenants to the Indenture Trustee that, (i) to the best of the Issuer’s knowledge, the Indenture Trustee is not obligated in respect of any payments to be made by it pursuant to this Indenture, to make any withholding or deduction pursuant to an agreement described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations or agreements thereunder or official interpretations thereof (“FATCA Withholding Tax”); and (ii) the Issuer will require the Noteholders to collect and provide the Noteholder FATCA Information. The Issuer will provide the Noteholder FATCA Information to the Indenture Trustee upon request; and to the extent the Issuer determines that FATCA Withholding Tax is applicable, it will promptly notify the Indenture Trustee of such fact. Each holder of a Note or an interest therein, by acceptance of such Note or such interest in such Note, will be deemed to have agreed to provide the Indenture Trustee with the Noteholder Tax Identification Information and, to the extent FATCA Withholding Tax is applicable, the Noteholder FATCA Information. In addition, each holder of a Note will be deemed to understand that the Indenture Trustee has the right to withhold interest payable with respect to the Note (without any corresponding gross-up) on any Beneficial Owner of an interest in a Note that fails to comply with the foregoing requirements.
FATCA Compliance. Dealer hereby agrees to perform the following to permit the Distributor to comply with its obligations pursuant to that certain United States legislation enacted in 2010 and generally referred to as the Foreign Account Tax Compliance Act (“FATCA”):
i. Dealer shall collect from all customers and existing accountholders (each, a “Customer” and collectively, the “Customers”) valid documentation sufficient to establish the U.S.-status or non-U.S. status, as the case may be, of each such Customer, including by requiring Customers to provide Dealer with an executed United States Internal Revenue Service Form W-8BEN or other applicable United States Internal Revenue Service Form W- 8 (or any successor thereto) and/or a United States Internal Revenue Service Form W-9 (or any successor thereto). All such documentation hereinafter referred to as the “Customer Information.”
ii. Dealer shall resolve to the reasonable satisfaction of the Distributor any discrepancies in any Customer Information.
iii. Dealer shall monitor the Customers and Customer Information for any changes with respect to a Customer’s U.S. or non-U.S. status, as the case may be.
iv. Dealer shall promptly notify Distributor of any discrepancies in any Customer Information and any changes in circumstances relating to a Customer’s U.S. or non-U.S. status, as the case may be.
v. To the extent required by applicable law, Dealer shall obtain from each Customer a waiver of such Customer’s privacy, data protection and similar rights in connection with the collection, processing and transferring of the Customers’ personal data pursuant to the Distributor’s obligations under FATCA, or otherwise obtain the written consent of the Customer for the Dealer or the Distributor to collect, process and transfer the Customer’s personal data pursuant to the Distributor’s obligations under FATCA, in each case in such form of waiver or consent as provided by Distributor to the Dealer.
vi. If and when obtained by the Dealer, Dealer shall provide the Distributor with its Global Intermediary Identification Number as issued to the Dealer by the U.S. Internal Revenue Service.
vii. Dealer shall maintain accurate and complete books and records of all Customer Information (the “Books and Records”), which Books and Records shall be (a) maintained in accordance with any and all applicable laws and (b) in an accessible format.
viii. Dealer shall maintain facilities and procedures that are in accordance with commercially reasonable st...
FATCA Compliance. The Administrative Agent shall deliver to the Borrower on or prior to the date of its execution of this Agreement (and from time to time thereafter upon the reasonable request of the Borrower), executed copies of IRS form W-9.
FATCA Compliance. If any payment required to be made to any Lender, under this Agreement or any other Credit Document would be subject to Taxes imposed by the United States of America pursuant to FATCA as a result of such Lender failing 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 submit to the Borrower and the Administrative Agent at the time or times prescribed by 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 Lender has complied with its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 3.3(d), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.
FATCA Compliance. Compliance with Sections 1471 through 1474 of the Code and any related provisions of law, court decisions, or administrative guidance.
FATCA Compliance. If a payment made hereunder to an Investor would be subject to U.S. federal withholding tax imposed by FATCA if such Investor 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 Investor shall deliver to the SPV and the Agent at the time or times prescribed by law and at such time or times reasonably requested in writing by the SPV or 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 in writing by the SPV or the Agent as may be necessary for the SPV and the Agent to comply with their obligations under FATCA and to determine that such Investor has complied with such Investors’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 9.8, “FATCA” shall include any amendments to FATCA after the date of this Agreement.
FATCA Compliance a) Effective July 1, 2014 OANDA is required to comply with the U.S. Foreign Account Tax Compliance Act (“FATCA”) requirements in respect of accounts maintained at OANDA. In this regard, OANDA may be required to request certain information from you within ninety days of your account being opened. Such information may be requested in the form of a completed tax certification form signed under penalty of perjury. If you do not provide this information OANDA will be required to report you as a “recalcitrant account holder” pursuant to FATCA requirements to the appropriate governmental authority. OANDA will take all necessary action to be and remain compliant with FATCA as is required by law or agreement between governments. OANDA will not be liable for any losses, costs, expenses, damages, liabilities you may suffer as a result of complying with FATCA requirements.
b) You are solely responsible in managing all your tax matters and adhering to the relevant tax law applicable to you. OANDA is not liable for any direct, indirect, special or consequential consequences whether monetary and/or other form arising from your inability of meeting your own tax obligation.
c) You authorise us, our staff and any other person who by reason of their scope of work or capacity or office have access to our records, registers or any correspondence or material with regards to all your personal and account information (“Personal Information”) to disclose any Personal Information, where such disclosure is required by any applicable laws (including applicable laws imposing any reporting and/ or withholding obligations on us such as the United States Foreign Account Tax Compliance Act as may be amended, superceded or replaced), to: any of our branches, representative offices related companies, subsidiaries, or any of our other offices wherever situated; any government, quasi-government, regulatory, fi monetary or other authority, agency body or person, whether in Singapore or elsewhere; and any party to whom we are under a duty to disclose or where we in good xxxxx xxxx it in our interest to make such disclosure.
FATCA Compliance. 18.1 Client shall confirm that all the information and documents provided in connection with the Account Opening application are true, correct, complete, and not misleading. Client undertakes to notify Galaxy International Securities and/or Galaxy International Futures promptly and within 30 days of such change in writing with updated information and documents whenever there is any change in such information or documents.
18.2 Galaxy International Securities and/or Galaxy International Futures reserves the right to request and the Client has the obligation and agrees to provide to the Galaxy International Securities and/or Galaxy International Futures additional documentary evidence to validate the U.S. or non-U.S. status for FATCA purposes by Galaxy International Securities and/or Galaxy International Futures before account opening and during the course of relationship . 18.3 If Client fails to provide Galaxy International Securities and/or Galaxy International Futures with any information requested or to take action as is specified by Galaxy International Securities and/or Galaxy International Futures in the Agreement within the time period specified, Galaxy International Securities and/or Galaxy International Futures shall be entitled to reach whatever conclusions Galaxy International Securities and/or Galaxy International Futures considers to be appropriate and Galaxy International Securities and/or Galaxy International Futures reserves the right to close the Client’s Account or classify the Client’s Account as "non-consenting" or "non-participating FFI" and/or execute applicable withholding and reporting under FATCA regulations.
FATCA Compliance. (a) As used herein, “FATCA” means (i) Sections 1471 through 1474 of the U.S. Internal Revenue Code of 1986, as amended from time to time, the regulations promulgated from time to time by the U.S. Department of Treasury thereunder, and administrative guidance issued by the U.S. Internal Revenue Service with respect thereto; (ii) any law, regulation or other official guidance enacted in or issued by any non-U.S. jurisdiction, or any intergovernmental agreement between the U.S. and any other jurisdiction, that facilitates the implementation of any of the authorities listed in clause (i); and (iii) any private agreement you or any of your affiliates has entered into with the U.S. Internal Revenue Service, the U.S. government, or any governmental or taxation authority in any other jurisdiction that facilitates the implementation of any of the authorities listed in clauses (i) and (ii).
(b) You represent, confirm and agree that for all of your customers investing in Fund shares through an account of a type below, you (i) directly, or through someone acting on your behalf, will file any required U.S. federal income tax reporting and remit all applicable U.S. federal income tax withholding (including without limitation any backup withholding and any withholding and other compliance required by FATCA) in accordance with applicable tax law (including FATCA), with respect to such customer accounts, (ii) will, at such times as required by FATCA, have a reporting and verification program in place for your customers that complies with FATCA and will otherwise comply with FATCA with respect to such customers, and (iii) will promptly provide (or arrange for the prompt provision) to us, upon our reasonable request, confirmation that you and your customers have complied with all applicable obligations under applicable tax law (including FATCA).
(c) You represent, confirm and agree that for all of your customers investing in Fund shares through an account of a type other than those described below, you will promptly provide to us, upon our reasonable request, such information and documentation as may be necessary for us and the Funds to file any required U.S. federal income tax reporting and remit all applicable U.S. federal income tax withholding, including without limitation backup withholding and any withholding or other compliance required by FATCA. Network Level 3 Accounts Network Level 3 Accounts, as that term is used by the National Securities Clearing Corporation (NS...
