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

Foreign Account Tax Compliance Act (FATCA). The Company agrees (i) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”), and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith).

Appears in 2 contracts

Samples: Indenture (McClatchy Co), Indenture (McClatchy Co)

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Foreign Account Tax Compliance Act (FATCA). The Company agrees (ia) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”)thereof, and (iib) that the Trustee shall be entitled to make any withholding or deduction from payments under the Indenture to the extent necessary to comply with Applicable Lawsuch applicable law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith).

Appears in 2 contracts

Samples: Supplemental Indenture (SOUTH JERSEY GAS Co), First Mortgage Indenture (South Jersey Industries Inc)

Foreign Account Tax Compliance Act (FATCA). The Company agrees (i) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the this Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”), and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the this Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith).

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

Foreign Account Tax Compliance Act (FATCA). The Company agrees (i) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”), and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith).

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

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Foreign Account Tax Compliance Act (FATCA). The Company agrees (i) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”), and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith)...

Appears in 1 contract

Samples: Indenture (PACIFIC GAS & ELECTRIC Co)

Foreign Account Tax Compliance Act (FATCA). The Company Issuer agrees (i) to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to the this Indenture are subject to the withholding requirements described in Section section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code FATCA and any regulations, regulations or agreements thereunder or official interpretations thereof (“Applicable Law”), ) and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the this Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability, except in cases of willful misconduct or negligence or bad faith).

Appears in 1 contract

Samples: Indenture (Newmont Usa LTD)

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