Common use of FATCA Grandfathering Clause in Contracts

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment No. 3 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement all the Loans and Letters of Credit as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Restatement Effective DateClosing Date of this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Existing Credit Agreement (together with any loans or other extensions of credit pursuant thereto) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i)) and related temporary regulations.

FATCA Grandfathering. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Effective Datedate of this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).”

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Borrowers and the Administrative Agent to treat) this Agreement and any Loans made hereunder (including any outstanding Loans) as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Second Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Fourth Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Restatement Effective DateOriginal Closing Date of this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Existing Credit Agreement (together with any loans or other extensions of credit pursuant thereto) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i)) and related temporary regulations.

FATCA Grandfathering. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Effective Datedate of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Fourth Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) this Agreement and any Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this First Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Fifth Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) this Agreement and any Advance as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a ““grandfathered obligation”” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the each Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize each Borrower and the Administrative Agent to treat) this Agreement and any Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i), whether or not there has been a significant modification of a debt instrument for U.S. Federal income tax purposes.

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Second Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Third Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Third Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Amendment and Restatement Effective Date, the Borrower Credit Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Third Amendment Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateBorrower, the Borrower and the Administrative Agent and the Loan Administrator shall treat (and the Lenders hereby authorize the Administrative Agent Borrower and the Loan Administrator to treat) this Agreement and any Advance as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). [Signature pages follow.]

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) this Agreement and any Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i), whether or not there has been a significant modification of a debt instrument for U.S. Federal income tax purposes.

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Obligors and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Initial Facility Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-1.1471- 2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA Grandfathering. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Third Amended Original Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).