Common use of Foreign Account Tax Compliance Act (FATCA) Clause in Contracts

Foreign Account Tax Compliance Act (FATCA). In order to comply with applicable tax laws, rules and regulations (inclusive of directives, guidelines and interpretations promulgated by competent authorities) in effect from time to time (“Applicable Law”), the Company agrees (i) to provide to The Bank of New York Mellon Trust Company, N.A., upon request, such information in its possession regarding holders or other applicable parties and/or transactions (including any modification to the terms of such transactions) so The Bank of New York Mellon Trust Company, N.A. can determine whether it has tax related obligations under Applicable Law and (ii) that The Bank of New York Mellon Trust Company, N.A. shall be entitled to make such withholding or deduction from payments under the Indenture as may be necessary to comply with Applicable Law. The terms of this section shall survive the termination of this Indenture.

Foreign Account Tax Compliance Act (FATCA). In order to comply with applicable tax laws, rules and regulations (inclusive of directives, guidelines and interpretations promulgated by competent authorities) in effect from time to time (“Applicable Law”), the Company agrees with respect to Physical Notes (i) to provide to The Bank of New York Mellon Trust Company, N.A., N.A. upon request, such request information the Company has in its reasonable possession regarding holders or other applicable parties and/or transactions about the terms of the Notes (including any modification to the terms of such transactionsthe Notes) so The Bank of New York Mellon Trust Company, N.A. can determine whether it has tax related obligations under Applicable Law Law, and (ii) that The Bank of New York Mellon Trust Company, N.A. shall be entitled to make such any withholding or deduction from payments under this Indenture to the Indenture as may be extent necessary to comply with Applicable Law. The terms of this section shall survive the termination of this Indenture.