FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofClosing Date, the each Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) any Loans the obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Constellium Se), Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Ugi Corp /Pa/), Security Agreement (Ugi Corp /Pa/), Security Agreement (Ugi Corp /Pa/)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans each Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Lilis Energy, Inc.), Credit Agreement (Gastar Exploration Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans the Credit Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofJune 3, 2021, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (EVO Payments, Inc.), Credit Agreement (EVO Payments, Inc.), Credit Agreement (Raymond James Financial Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofClosing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (E.W. SCRIPPS Co), Credit Agreement (Aerojet Rocketdyne Holdings, Inc.), Credit Agreement (Piedmont Natural Gas Co Inc)
FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the date hereofNovember 14, 2014, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp), Assignment and Assumption (LKQ Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Knowles Corp), Collateral Agreement (Jack in the Box Inc /New/), Credit Agreement (Knowles Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Samples: Credit Agreement (Microchip Technology Inc), Credit Agreement (Microchip Technology Inc), Credit Agreement (Analog Devices Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofClosing Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Samples: Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Date, the Borrower applicable Borrower, Products and the Administrative Agent shall treat (and the Lenders and L/C Issuers hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Samples: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), First Restatement Agreement (Rayonier Advanced Materials Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Samples: Credit Agreement and Consent (Lifelock, Inc.), First Amendment (Total System Services Inc), Credit Agreement (Total System Services Inc)
FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Samples: Term Loan Agreement (Lam Research Corp), Amendment and Restatement Agreement (Lam Research Corp), Credit Agreement (Lam Research Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofFirst Amendment Effective Date, the Borrower Applicant and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this Agreement and any Loans Related Document as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Samples: Reimbursement Agreement (South Jersey Industries Inc), Reimbursement Agreement (South Jersey Industries Inc), Reimbursement Agreement (South Jersey Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement (and the loans provided hereby) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof, Effective Date the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Masimo Corp), Assignment and Assumption (Cheesecake Factory Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (McGrath Rentcorp), Credit Agreement (Adobe Systems Inc)
FATCA. For the purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Matador Resources Co), Credit Agreement (Matador Resources Co)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofThird Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Consent Agreement (LyondellBasell Industries N.V.), Consent Agreement (LyondellBasell Industries N.V.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not 45 qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofFirst Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).”
Appears in 2 contracts
Samples: Credit Agreement (PSAV, Inc.), Credit Agreement (PSAV, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofThird Amendment and Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)
FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Credit Agreement and any Loans made thereunder (including any Loans already outstanding) as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (RCS Capital Corp), RCS Capital Corp
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofFirst Refinancing Facility Agreement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Refinancing Facility Agreement (SVMK Inc.), Refinancing Facility Agreement (SVMK Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEighth Amendment Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).”
Appears in 2 contracts
Samples: Pledge and Security Agreement (U.S. Auto Parts Network, Inc.), Pledge and Security Agreement (U.S. Auto Parts Network, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize authorizes the Administrative Agent to treat) the Credit Agreement (together with any Loans loans or other extensions of credit pursuant thereto) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Lear Corp), First Amendment (Dr Pepper Snapple Group, Inc.)
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement and Extension Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Credit Agreement (Microchip Technology Inc), Credit Agreement (Sensient Technologies Corp)
FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Samples: Assignment and Assumption (Tech Data Corp), Assignment and Assumption (Tech Data Corp)
FATCA. For purposes of determining withholding Taxes imposed taxes under FATCAFATCA (as defined in Exhibit A), from and after the date hereofAmendment No. 7 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Term B-3 Loans as not qualifying as a “grandfathered obligation” obligations within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofJune 18, 2015, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any this Agreement and the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Rogers Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the date hereof, the Borrower Loan Parties and the Administrative Agent shall will treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Obligations under this Agreement and the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Amendment as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).. [Signatures Commence on Next Page]
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after December 19, 2014 (the effective date hereofof the Credit Agreement), the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 3 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section 1.1471-2(b)(2)(i).to
Appears in 1 contract
Samples: Credit Agreement (Scansource, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Amendment, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).. [Signature Pages Follow]
Appears in 1 contract
Samples: Credit Agreement (Belden Inc.)
FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).. 3.02
Appears in 1 contract
Samples: Version Term Loan Credit Agreement (Tech Data Corp)
FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofNovember 10, 2015, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof, Closing Date the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Masimo Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the date hereof, the Borrower and the Administrative Agent shall will treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Obligations under this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofJune 26, 2015, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofFirst Amendment Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Ensco PLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofFifth Amendment Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Dynegy Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofApril 14, 2022, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any this Agreement and the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Rogers Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 6 Effective Date, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent administrative agent to treat) any Loans treat the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Cott Corp /Cn/)
FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Tech Data Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-1.1471- 2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Coach Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Samples: Term Loan Agreement (Aes Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofThird Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Warner Chilcott LTD)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Entergy Gulf States Louisiana, LLC)
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Laboratory Corp of America Holdings)
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofFirst Amendment Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Ensco PLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Section Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Samples: Term Loan Credit Agreement (Entergy New Orleans, LLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereof2016 Term B Refinancing Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and any Loans Loan Document as not qualifying as a “grandfathered obligation” " within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (Veritiv Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofEffective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the date hereofNovember 14, 2014, the Borrower Company and the Administrative Agent shall treat (and the 77 Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Credit Agreement (LKQ Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the date hereof, the Borrower and the Borrxxxx xxx Administrative Agent shall will treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Obligations under this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofSecond Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Samples: Term Loan Credit and Guaranty Agreement (Actavis PLC)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the effective date hereofof this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.14711.471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofFifth Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Secured Obligations under this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans the Credit Agreement (as modified and supplemented hereby) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) any Loans the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).. (i)
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Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofRestatement Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 1 Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofOctober 30, the Borrower and 2014, the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).”
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Samples: Credit Agreement (SPRINT Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date hereofAmendment No. 3 Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Revolving Lenders hereby authorize the Administrative Agent to treat) any the Revolving Loans and Revolving Commitments, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).
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FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date hereofof this Agreement, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) any the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulations Regulation Section 1.1471-2(b)(2)(i).. Conformed Copy
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