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 with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably requested by the Issuer, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer to comply with its obligations under FATCA and (b) 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 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 15.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information under FATCA and, in such event, the Issuer shall treat any such information it receives as confidential.

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 requested directed by the IssuerCompany, the Parent Guarantor or its agent from time to time (ai) 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 Issuer 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 Issuer Company or the Parent Guarantor, as applicable, to comply with its obligations under FATCA and (bii) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 13.4 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 Issuer Obligors shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) in the case of any such holder that is a United States Person, such holder’s United States tax identification number and any forms or other forms information or documentation reasonably requested by the Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.2 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteNote hereunder, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) in the case of any such holder that is a United States Person, such holder’s United States tax identification number and any forms or other forms information or documentation reasonably requested by the Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.2 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably requested by the Issuer, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer to comply with its obligations under FATCA and (b) 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 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information under FATCA and, in such event, the Issuer shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerObligors, or to such other Person as may be reasonably requested by the IssuerObligors, from time to time (a) 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 Issuer Obligors necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Obligors to comply with its their obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is Obligors are required to obtain such information under FATCA and, in such event, the Issuer Obligors shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the Issuerany Obligor, from time to time (a) 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 reasonably requested by the Issuer an Obligor necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.4 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably requested by the Issuer, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer to comply with its obligations under FATCA and (b) 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 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information under FATCA and, in such event, the Issuer shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person at the time or times prescribed by law and at such time or times as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteSeries 2023A Bond, the holder of such Note Series 2023A Bond agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

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 requested directed by the Issuer, Issuers or any of their agents from time to time (ai) 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 Issuer 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 Issuer Issuers to comply with its their obligations under FATCA and (bii) 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 Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 22.8 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 Issuers to comply with their obligations under FATCA and, in such event, the Issuer Issuers shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteSeries 2020A Bond, the holder of such Note agrees Series 2020A Boxx xgrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably requested by the Issuer, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer to comply with its obligations under FATCA and (b) 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 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information under FATCA and, in such event, the Issuer shall treat any such information it receives as confidential.. Retail Properties of America, Inc. Note Purchase Agreement

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) in the case of any such holder that is a United States Person, such holder’s United States tax identification number or other and any forms that are reasonably requested by the Issuer Company and necessary to establish such holder’s status as a United States Person under FATCA and or as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteBond, the holder of such Note Holder thereof agrees that such holder Holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 reasonably requested by the Issuer Company necessary to establish such holderHolder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Issuer Company 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, amount (if any, ) to deduct and withhold from any such payment made to such holderHolder. Nothing in this Section 15.3 9.2 shall require any holder Holder to provide information that is confidential or proprietary to such holder Holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteMRP Share, the holder of such Note MRP Shares agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerFund, or to such other Person as may be reasonably requested by the IssuerFund, from time to time (a) 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 Issuer Fund necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Fund to comply with its obligations under FATCA and (b) 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 Issuer Fund 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Fund is required to obtain such information under FATCA and, in such event, the Issuer Fund shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder Holder of such Note agrees that such holder Holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 reasonably requested by the Issuer Company necessary to establish such holderHolder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer Company 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, amount (if any, ) to deduct and withhold from any such payment made to such holderHolder. Nothing in this Section 15.3 14.3 shall require any holder Holder to provide information that is confidential or proprietary to such holder Holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.. 52

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States U.S. Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any NoteMRP Shares, the holder of such Note MRP Sxxxxx agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerFund, or to such other Person as may be reasonably requested by the IssuerFund, from time to time (a) 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 Issuer Fund necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Fund to comply with its obligations under FATCA and (b) 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 Issuer Fund 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Fund is required to obtain such information under FATCA and, in such event, the Issuer Fund shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Certificated Note, the holder of such Certificated Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) 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 Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) in the case of any such holder that is not a United States Person, such documentation prescribed -42- 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 Issuer 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 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerCompany, or to such other Person as may be reasonably requested by the IssuerCompany, from time to time (a) 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 Issuer Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer Company to comply with its obligations under FATCA and (b) in the case of any such holder that is not a United States Person, such documentation prescribed by applicable law (including as -53- prescribed by section 1471(b)(3)(C)(i) of the Code) and such additional documentation as may be necessary for the Issuer 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 14.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer Company is required to obtain such information under FATCA and, in such event, the Issuer Company shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the IssuerIssuer and the Company, or to such other Person as may be reasonably requested by the IssuerIssuer or the Company, from time to time (a) 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 Issuer or the Company necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer or the Company to comply with its obligations under FATCA and (b) 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 Issuer or the 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, amount (if any, ) to deduct and withhold from any such payment made to such holder. Nothing in this Section 15.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer or the Company is required to obtain such information under FATCA and, in such event, the Issuer and the Company, as the case may be, shall treat any such information it receives as confidential.

FATCA Information. By acceptance of any Note, the holder of such Note agrees that such holder will with reasonable promptness duly complete and deliver to the Issuer, or to such other Person as may be reasonably requested by the Issuer, from time to time (a) 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 Issuer necessary to establish such holder’s status as a United States Person under FATCA and as may otherwise be necessary for the Issuer to comply with its obligations under FATCA and (b) 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 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 15.3 shall require any holder to provide information that is confidential or proprietary to such holder unless the Issuer is required to obtain such information under FATCA and, in such event, the Issuer shall treat any such information it receives as confidential.. ​ ​ ​