Common use of FATCA Information Clause in Contracts

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Company, the Parent Guarantor or its agent from time to time (i) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (ii) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors shall treat such information as confidential.

Appears in 4 contracts

Samples: Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.)

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FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Obligors, or to such other Person as may be reasonably directed requested by the CompanyObligors, the Parent Guarantor or its agent from time to time (ia) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms forms reasonably requested by the Company or the Parent Guarantor Obligors necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Obligors to comply with its their obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Obligors to comply with its their obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Obligors are required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors shall treat any such information it receives as confidential.

Appears in 3 contracts

Samples: Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement, Note Purchase Agreement (Patterson Companies, Inc.)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably directed requested by the CompanyIssuer, the Parent Guarantor or its agent from time to time (ia) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Issuer to comply with its obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Issuer to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Issuer shall treat any such information it receives as confidential.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Davey Tree Expert Co), Note Purchase Agreement (Retail Properties of America, Inc.)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably directed requested by the CompanyIssuer, the Parent Guarantor or its agent from time to time (ia) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms forms reasonably requested by the Company or the Parent Guarantor Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Issuer to comply with its obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Issuer to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 15.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Issuer shall treat any such information it receives as confidential.

Appears in 2 contracts

Samples: Note Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.), Note Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Company, or to such other Person as may be reasonably directed requested by the Company, the Parent Guarantor or its agent from time to time (ia) any forms, documents, or certifications as may be reasonably required for the Company to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement, (b) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (iic) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Company shall treat any such information it receives as confidential.

Appears in 2 contracts

Samples: Note Purchase Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Company, or to such other Person as may be reasonably directed requested by the Company, the Parent Guarantor or its agent from time to time (ia) any forms, documents, or certifications as may be reasonably required for the Company to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement, (b) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (iic) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Company shall treat any such information it receives as confidential.

Appears in 1 contract

Samples: Note Purchase Agreement (CION Investment Corp)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Company, or to such other Person as may be reasonably directed requested by the Company, the Parent Guarantor or its agent from time to time (ia) any forms, documents or certifications as may be reasonably required for the Company to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement (b) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Company shall treat any such information it receives as confidential.

Appears in 1 contract

Samples: Note Purchase Agreement (WhiteHorse Finance, Inc.)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Company, Company or the Parent Guarantor or its agent from time to time (i) in the case of any such holder that is a United States U.S. Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States U.S. Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Guarantor to comply with its obligations under FATCA and (ii) in the case of any such holder that is not a United States U.S. Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Guarantor to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 13.5 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless such information is prescribed by applicable law for the Company or the Parent Guarantor to comply with its obligations under FATCA and, in such event, the Obligors Company and the Parent Guarantor shall treat such information as confidential.

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Markit Ltd.)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Company, the Parent Guarantor or its agent from time to time (i) in the case of any such holder that is a United States U.S. Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States U.S. Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Guarantor to comply with its obligations under FATCA and (ii) in the case of any such holder that is not a United States U.S. Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Guarantor to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 7.5 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless such information is prescribed by applicable law for the Company Guarantor to comply with its obligations under FATCA and, in such event, the Obligors Guarantor shall treat such information as confidential.

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Markit Ltd.)

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FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Company, the Parent Guarantor Issuers or its agent any of their agents from time to time (i) in the case of any such holder that is a United States U.S. Person, such holder’s United States tax identification number or other Forms forms reasonably requested by the Company or the Parent Guarantor Issuers necessary to establish such holder’s status as a United States U.S. Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, Issuers to comply with its their obligations under FATCA and (ii) in the case of any such holder that is not a United States U.S. Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable Issuers to comply with its their obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 22.8 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless such information is prescribed by applicable law for the Company Issuers to comply with its their obligations under FATCA and, in such event, the Obligors Issuers shall treat such information as confidential.

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Gramercy Property Trust)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Issuer and the Company, or to such other Person as may be reasonably requested by the Parent Guarantor Issuer or its agent the Company, from time to time (ia) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company Issuer or the Parent Guarantor Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company Issuer or the Parent Guarantor, as applicable, Company to comply with its obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company Issuer or the Parent Guarantor, as applicable Company to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 15.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Issuer or the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Issuer and the Company, as the case may be, shall treat any such information it receives as confidential.

Appears in 1 contract

Samples: Note Purchase Agreement (El Paso Electric Co /Tx/)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to the Company, or to such other Person as may be reasonably directed requested by the Company, the Parent Guarantor or its agent from time to time (ia) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms documentation, including an IRS Form W-9, reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (iib) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation documentation, including an applicable IRS Form W-8, as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 14.3 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Company shall treat any such information it receives as confidentialconfidential except to the extent disclosure is required by law. Each holder further agrees that if any form, certification, or other document it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form, certification or document as promptly as possible so that it remains current.

Appears in 1 contract

Samples: Note Purchase Agreement (Idex Corp /De/)

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will from time to time with reasonable promptness duly complete and deliver to or as reasonably directed by the Company, the Parent Guarantor or its agent from time to time (i) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other Forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (ii) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder has complied with such holder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holder. Nothing in this Section 13.4 shall require any holder of Notes to provide information that is confidential or proprietary to such holder unless such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors shall treat such information as confidential.. ACTIVE 58093961v3 Colliers International EMEA Xxxxx PLCColliers International Group Inc.Fifth Amendment to 2018 Note Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Colliers International Group Inc.)

FATCA Information. By acceptance of any NoteBond, the holder of such Note Holder thereof agrees that such holder Holder will from time to time with reasonable promptness duly complete and deliver to the Company, or to such other Person as may be reasonably directed requested by the Company, the Parent Guarantor or its agent from time to time (ia) in the case of any such holder Holder that is a United States Person, such holderHolder’s United States tax identification number or other Forms forms reasonably requested by the Company or the Parent Guarantor necessary to establish such holderHolder’s status as a United States Person under FATCA and as may otherwise be necessary for the Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (iib) in the case of any such holder Holder that is not a United States Person, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Company or the Parent Guarantor, as applicable to comply with its obligations under FATCA and to determine that such holder Holder has complied with such holderHolder’s obligations under FATCA or to determine the amount (if any) to deduct and withhold from any such payment made to such holderHolder. Nothing in this Section 13.4 9.2 shall require any holder of Notes Holder to provide information that is confidential or proprietary to such holder Holder unless the Company is required to obtain such information is prescribed by applicable law for the Company to comply with its obligations under FATCA and, in such event, the Obligors Company shall treat any such information it receives as confidential.

Appears in 1 contract

Samples: Bond Purchase Agreement (Consumers Energy Co)

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