Common use of FATCA Compliance Clause in Contracts

FATCA Compliance. If a payment made to a Lender under any Loan 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 relevant Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by such 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 such Borrower or the Administrative Agent as may be necessary for such Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 3.01(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Credit Facility Credit Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)

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FATCA Compliance. If a any payment required to be made to a Lender any Lender, under this Agreement or any Loan other Credit Document would be subject to U.S. federal withholding Tax Taxes imposed by the United States of America pursuant to FATCA if as a result of such Lender were to fail 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 deliver submit to the relevant Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by such 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 such the Borrower or the Administrative Agent as may be necessary for such the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 3.01(g3.3(d), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Paragon Offshore PLC), Term Loan Agreement (Paragon Offshore Ltd.)

FATCA Compliance. If a any payment required to be made to a any Lender under this Agreement or any Loan other Credit Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if Taxes as a result of such Lender were to fail 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 deliver submit to the relevant Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by such 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 such the Borrower or the Administrative Agent as may be necessary for such the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 3.01(g3.3(c), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Paragon Offshore PLC)

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FATCA Compliance. If a payment made to a Lender under any Loan 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 relevant Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by such 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 such the Borrower or the Administrative Agent as may be necessary for such the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 3.01(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Term Loan Facility Credit Agreement (Gilead Sciences Inc)

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