Common use of Foreign Account Tax Compliance Act Clause in Contracts

Foreign Account Tax Compliance Act. FATCA") A. On or before the effective date of this Contract, the Reinsurer shall provide to the Company the FATCA-required documentation (including a valid IRS Form W-8BEN-E or W-9 or such other documentation approved for use by the U.S. Internal Revenue Service as the case may be) that confirms that the Reinsurer is not subject to any withholding. B. In the event that a Reinsurer fails to provide the Company with such FATCA-required documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of thirty (30) days, and shall notify the Reinsurer accordingly. If a Reinsurer fails to provide the Company with such FATCA-required documentation upon the expiration of the thirtieth (30th) day, then the Company shall withhold from such Reinsurer 30% of the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Reinsurer shall be ceded to such Reinsurer. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein.

Foreign Account Tax Compliance Act. A. The Reinsurer hereby acknowledges the requirements of Sections 1471-1474 U.S. Internal Revenue Code of 1986, as amended, and the Treasury regulations and other guidance issued from time to time thereunder ('FATCA") A. On or before ') and the effective date of this Contract, the Reinsurer shall obligation to provide to the Company the FATCA-required documentation (including a valid IRS Internal Revenue Service ('IRS') Form W-8BENW8-BEN-E or W-9 or such other documentation approved for use meeting the requirements of the FATCA regulations to establish they are not subject to any withholding requirement pursuant to FATCA. B. The Reinsurer shall notify the Company in writing (by electronic mail, certified mail or overnight mail using a nationally recognized overnight delivery service) in the U.S. Internal Revenue Service as the case may be) that confirms that event the Reinsurer is not subject to any withholding. B. In compliant with FATCA. If the event that a Reinsurer fails to provide has not provided the Company with such FATCA-required the documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of attesting to its FATCA compliance within thirty (30) daysdays prior to any premium due date, or becomes non-compliant with FATCA at any later date, the Withholding Agent [as defined in U.S. Treasury Regulation Section 1. 1471-1(b)(147)] shall withhold thirty percent (30.0%) of any premium payment to the Reinsurer under this Contract and shall promptly notify the Reinsurer accordinglyof such withholding. If Provisions Article shall not exceed the greater of (1) the Subscribing Reinsurer's share of the Obligations or (2) the Subscribing Reinsurer's Trust Funding Obligation. C. Prior to depositing Assets with the Trustee of the Trust Account, the Subscribing Reinsurer shall execute assignments or endorsements in blank, or to transfer legal title to the Trustee of all shares, obligations or any other Assets requiring assignments, in order that the Company, or the Trustee upon the direction of the Company, may whenever necessary negotiate these Assets without consent or signature from the Subscribing Reinsurer or any other entity. Assets deposited in the Trust Account shall be valued according to their current fair market value and shall consist only of cash (United States legal tender), certificates of deposit (issued by a Reinsurer fails to provide United States bank and payable in United States legal tender), and investments of the types permitted by the Insurance Code of the state of domicile of the Company with such FATCA-required documentation upon the expiration or any combination of the thirtieth (30th) dayabove to the extent permitted by the Trust Agreement, then provided that such investments are issued by an institution that is not the parent, subsidiary or affiliate of either the grantor or the beneficiary of the Trust Account. D. All settlements of account between the Company shall withhold from such Reinsurer 30% of and the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Subscribing Reinsurer shall be ceded to such Reinsurermade in cash or its equivalent. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein."

Foreign Account Tax Compliance Act. A. The Reinsurer hereby acknowledges the requirements of Sections 1471-1474 U.S. Internal Revenue Code of 1986, as amended, and the Treasury regulations and other guidance issued from time to time thereunder ('FATCA") A. On or before ') and the effective date of this Contract, the Reinsurer shall obligation to provide to the Company the FATCA-required documentation (including a valid IRS Internal Revenue Service ('IRS') Form W-8BENW8-BEN-E or W-9 or such other documentation approved for use meeting the requirements of the FATCA regulations to establish they are not subject to any withholding requirement pursuant to FATCA. B. The Reinsurer shall notify the Company in writing (by electronic mail, certified mail or overnight mail using a nationally recognized overnight delivery service) in the U.S. Internal Revenue Service as the case may be) that confirms that event the Reinsurer is not subject to any withholding. B. In compliant with FATCA. If the event that a Reinsurer fails to provide has not provided the Company with such FATCA-required the documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of attesting to its FATCA compliance within thirty (30) daysdays prior to any premium due date, or becomes non-compliant with FATCA at any later date, the Withholding Agent [as defined in U.S. Treasury Regulation Section 1. 1471-1(b)(147)] shall withhold thirty percent (30.0%) of any premium payment to the Reinsurer under this Contract and shall promptly notify the Reinsurer accordinglyof such withholding. C. Prior to depositing Assets with the Trustee of the Trust Account, the Subscribing Reinsurer shall execute assignments or endorsements in blank, or to transfer legal title to the Trustee of all shares, obligations or any other Assets requiring assignments, in order that the Company, or the Trustee upon the direction of the Company, may whenever necessary negotiate these Assets without consent or signature from the Subscribing Reinsurer or any other entity. If Assets deposited in the Trust Account shall be valued according to their current fair market value and shall consist only of cash (United States legal tender), certificates of deposit (issued by a Reinsurer fails to provide United States bank and payable in United States legal tender), and investments of the types permitted by the Insurance Code of the state of domicile of the Company with such FATCA-required documentation upon the expiration or any combination of the thirtieth (30th) dayabove to the extent permitted by the Trust Agreement, then provided that such investments are issued by an institution that is not the parent, subsidiary or affiliate of either the grantor or the beneficiary of the Trust Account. D. All settlements of account between the Company shall withhold from such Reinsurer 30% of and the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Subscribing Reinsurer shall be ceded to such Reinsurermade in cash or its equivalent. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein."

Foreign Account Tax Compliance Act. FATCA") A. On or before the effective date of this Contract, the Reinsurer shall provide to the Company the FATCA-required documentation (including a valid IRS Form W-8BEN-E or W-9 or such other documentation approved for use by the U.S. Internal Revenue Service as the case may be) that confirms that the Reinsurer is not subject to any withholding. B. In the event that a Reinsurer fails to provide the Company with such FATCA-required documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of thirty (30) days, and shall notify the Reinsurer accordingly. If a the Reinsurer fails to provide the Company with such FATCA-required documentation upon the expiration of the thirtieth (30th) day, then the Company shall withhold from such Reinsurer 30% of the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Reinsurer shall be ceded to such the Reinsurer. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a the Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein.and

Foreign Account Tax Compliance Act. A. The Reinsurer hereby acknowledges the requirements of Sections 1471-1474 U.S. Internal Revenue Code of 1986, as amended, and the Treasury regulations and other guidance issued from time to time thereunder ('FATCA") A. On or before ') and the effective date of this Contract, the Reinsurer shall obligation to provide to the Company the FATCA-required documentation (including a valid IRS Internal Revenue Service ('IRS') Form W-8BENW8-BEN-E or W-9 or such other documentation approved for use meeting the requirements of the FATCA regulations to establish they are not subject to any withholding requirement pursuant to FATCA. B. The Reinsurer shall notify the Company in writing (by electronic mail, certified mail or overnight mail using a nationally recognized overnight delivery service) in the U.S. Internal Revenue Service as the case may be) that confirms that event the Reinsurer is not subject to any withholding. B. In compliant with FATCA. If the event that a Reinsurer fails to provide has not provided the Company with such FATCA-required the documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of attesting to its FATCA compliance within thirty (30) daysdays prior to any premium due date, or becomes non-compliant with FATCA at any later date, the Withholding Agent [as defined in U.S. Treasury Regulation Section 1. 1471-1(b)(147)] shall withhold thirty percent (30.0%) of any premium payment to the Reinsurer under this Contract and shall promptly notify the Reinsurer accordinglyof such withholding. If CIRT 2022-01 Provisions Article shall not exceed the greater of (1) the Subscribing Reinsurer's share of the Obligations or (2) the Subscribing Reinsurer's Trust Funding Obligation. C. Prior to depositing Assets with the Trustee of the Trust Account, the Subscribing Reinsurer shall execute assignments or endorsements in blank, or to transfer legal title to the Trustee of all shares, obligations or any other Assets requiring assignments, in order that the Company, or the Trustee upon the direction of the Company, may whenever necessary negotiate these Assets without consent or signature from the Subscribing Reinsurer or any other entity. Assets deposited in the Trust Account shall be valued according to their current fair market value and shall consist only of cash (United States legal tender), certificates of deposit (issued by a Reinsurer fails to provide United States bank and payable in United States legal tender), and investments of the types permitted by the Insurance Code of the state of domicile of the Company with such FATCA-required documentation upon the expiration or any combination of the thirtieth (30th) dayabove to the extent permitted by the Trust Agreement, then provided that such investments are issued by an institution that is not the parent, subsidiary or affiliate of either the grantor or the beneficiary of the Trust Account. D. All settlements of account between the Company shall withhold from such Reinsurer 30% of and the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Subscribing Reinsurer shall be ceded to such Reinsurermade in cash or its equivalent. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein."

Foreign Account Tax Compliance Act. FATCA") A. On or before the effective date of this Contract, the Reinsurer shall provide to the Company the FATCA-required documentation (including a valid IRS Form W-8BEN-E or W-9 or such other documentation approved for use by the U.S. Internal Revenue Service as the case may be) that confirms that the Reinsurer is not subject to any withholding. B. In the event that a Reinsurer fails to provide the Company with such FATCA-required documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of thirty (30) days, and shall notify the Reinsurer accordingly. If a Reinsurer fails to provide the Company with such FATCA-required documentation upon the expiration of the thirtieth (30th30 h) day, then the Company shall withhold from such Reinsurer 30% of the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Reinsurer shall be ceded to such Reinsurer. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein.and

Foreign Account Tax Compliance Act. A. The Reinsurer hereby acknowledges the requirements of Sections 1471-1474 U.S. Internal Revenue Code of 1986, as amended, and the Treasury regulations and other guidance issued from time to time thereunder ('FATCA") A. On or before ') and the effective date of this Contract, the Reinsurer shall obligation to provide to the Company the FATCA-required documentation (including a valid IRS Internal Revenue Service ('IRS') Form W-8BENW8-BEN-E or W-9 or such other documentation approved for use meeting the requirements of the FATCA regulations to establish they are not subject to any withholding requirement pursuant to FATCA. B. The Reinsurer shall notify the Company in writing (by electronic mail, certified mail or overnight mail using a nationally recognized overnight delivery service) in the U.S. Internal Revenue Service as the case may be) that confirms that event the Reinsurer is not subject to any withholding. B. In compliant with FATCA. If the event that a Reinsurer fails to provide has not provided the Company with such FATCA-required the documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of attesting to its FATCA compliance within thirty (30) daysdays prior to any premium due date, or becomes non-compliant with FATCA at any later date, the Withholding Agent [as defined in U.S. Treasury Regulation Section 1. 1471-1(b)(147)] shall withhold thirty percent (30.0%) of any premium payment to the Reinsurer under this Contract and shall promptly notify the Reinsurer accordinglyof such withholding. If CIRT 2022-06 Provisions Article shall not exceed the greater of (1) the Subscribing Reinsurer's share of the Obligations or (2) the Subscribing Reinsurer's Trust Funding Obligation. C. Prior to depositing Assets with the Trustee of the Trust Account, the Subscribing Reinsurer shall execute assignments or endorsements in blank, or to transfer legal title to the Trustee of all shares, obligations or any other Assets requiring assignments, in order that the Company, or the Trustee upon the direction of the Company, may whenever necessary negotiate these Assets without consent or signature from the Subscribing Reinsurer or any other entity. Assets deposited in the Trust Account shall be valued according to their current fair market value and shall consist only of cash (United States legal tender), certificates of deposit (issued by a Reinsurer fails to provide United States bank and payable in United States legal tender), and investments of the types permitted by the Insurance Code of the state of domicile of the Company with such FATCA-required documentation upon the expiration or any combination of the thirtieth (30th) dayabove to the extent permitted by the Trust Agreement, then provided that such investments are issued by an institution that is not the parent, subsidiary or affiliate of either the grantor or the beneficiary of the Trust Account. D. All settlements of account between the Company shall withhold from such Reinsurer 30% of and the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Subscribing Reinsurer shall be ceded to such Reinsurermade in cash or its equivalent. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein."

Foreign Account Tax Compliance Act. FATCA") A. On or before the effective date of this Contract, the Reinsurer shall provide to the Company the FATCA-required documentation (including a valid IRS Form W-8BEN-E or W-9 or such other documentation approved for use by the U.S. Internal Revenue Service as the case may be) that confirms that the Reinsurer is not subject to any withholding. B. In the event that a Reinsurer fails to provide the Company with such FATCA-required documentation in accordance with paragraph A above, the Company shall withhold 100% of the total reinsurance premium otherwise due such Reinsurer for a period of thirty (30) days, and shall notify the Reinsurer accordingly. If a Reinsurer fails to provide the Company with such FATCA-required documentation upon the expiration of the thirtieth (30th) day, then the Company shall withhold from such Reinsurer 30% of the reinsurance premium otherwise due such Reinsurer with respect to U.S. risks for payment to the U.S. Internal Revenue Service in accordance with FATCA. The remaining reinsurance premium otherwise due such Reinsurer shall be ceded to such Reinsurer. C. For purposes hereof, (i) interest shall not be assessed against the Company with respect to such premium if ceded after the premium due date hereunder as a result of a Reinsurer's failure to timely provide the Company with its FATCA-compliant documentation; and (ii) such amounts shall not be subject to offset under Article 14 - OFFSET. D. If interest is payable by the Original Insured to a Reinsurer pursuant to subparagraph D(3) of Article 12 - TRUST ACCOUNT, then this Article shall be applicable to all such payments made by the Original Insured, and such Reinsurer shall provide the forms set forth in paragraph A above to the Original Insured and otherwise comply with FATCA in accordance with its representations and warranties set forth herein.and