Common use of FATCA Compliance Clause in Contracts

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 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 Company and the Adviser Administrator 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 Company or the Adviser Administrator sufficient for the Fund, as applicable, Company to comply with its obligations under FATCA. The Subscriber acknowledges that, if the Subscriber does not provide the requested information and documentation requested by the Funddocumentation, the Fund Company 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, Shares or prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the FundCompany. The Subscriber hereby agrees to indemnify and hold harmless the Fund Company from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund Company on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the FundCompany, the Administrator, 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 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 Company and the Adviser Advisor or their respective authorized agents 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 Company or the Adviser its administrator or their respective authorized agents sufficient for the Fund, as applicable, Company to comply with its obligations under FATCA. The Subscriber acknowledges that, if the Subscriber does not provide the requested information and documentation requested by the Funddocumentation, the Fund Company 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, Shares or prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the FundCompany. The Subscriber hereby agrees to indemnify and hold harmless the Fund Company from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund Company on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the FundCompany, its administrator, the Adviser Advisor 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 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 Company and the Adviser Administrator 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 Company or the Adviser Administrator sufficient for the FundCompany, 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 FundCompany, the Fund Company may, at its sole option and in addition to all other remedies available at law or in equity, immediately redeem or require the compulsory Transfer of the Subscriber’s Shares, Shares or prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the FundCompany. The Subscriber hereby agrees to indemnify and hold harmless the Fund Company from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund Company on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the FundCompany, the Adviser Adviser, the Administrator, 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 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 Company and the Adviser Advisor or their respective authorized agents 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), FOR ALL SUBSCRIBERS as and when requested by the Fund Company or the Adviser its administrator or their respective authorized agents sufficient for the Fund, as applicable, Company to comply with its obligations under FATCA. The Subscriber acknowledges that, if the Subscriber does not provide the requested information and documentation requested by the Funddocumentation, the Fund Company 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, Shares or prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the FundCompany. The Subscriber hereby agrees to indemnify and hold harmless the Fund Company from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund Company on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the FundCompany, its administrator, the Adviser Advisor 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 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 Company 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 Company or the Adviser sufficient for the FundCompany, 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 FundCompany, the Fund Company 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 SharesShares to an entity acceptable to it, prohibit the Subscriber from purchasing additional Shares or participating in additional investments in the FundCompany. The Subscriber hereby agrees to indemnify and hold harmless the Fund Company from any and all withholding taxes, interest, penalties and other losses or liabilities suffered by the Fund Company on account of the Subscriber not providing all requested information and documentation in a timely manner. The Subscriber shall have no claim against the FundCompany, the Adviser or any of their respective affiliates for any form of damages or liability as a result of any of the aforementioned actions.