Common use of Notice of Possible Withholding Under FATCA Clause in Contracts

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 5 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

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Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 7.1.6 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 5 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes Bonds is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 2.5 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notessuch Bonds, or both.

Appears in 4 contracts

Samples: Fiscal Agency Agreement, Fiscal Agency Agreement, Fiscal Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.15 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes any Securities is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.15 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notessuch Securities, or both.

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the relevant Notes, or both.

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer Issuers shall notify each Agent in the event that it determines they determine that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's Issuers’ obligation under this Clause 14 Section 2.15(j) shall apply only to the extent that such payments are so treated by virtue of characteristics of the IssuerIssuers, the such Notes, or both.

Appears in 3 contracts

Samples: Indenture (Ardagh Metal Packaging S.A.), Senior Secured Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 10.7 (Notice of Possible Withholding Under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 3 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The the Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 sub- clause 8.1.6 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.; and

Appears in 3 contracts

Samples: Fiscal and Paying Agency Agreement, Fiscal and Paying Agency Agreement, Fiscal and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The relevant Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the relevant Issuer's ’s obligation under this Clause 14 4.16 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 3 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 8.8.2 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 3 contracts

Samples: Fiscal Agency Agreement, Fiscal Agency Agreement, Fiscal Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 10.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 3 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 2.3 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an a Paying Agent under the Notes Bonds is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 13.12 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the NotesBonds, or both.

Appears in 2 contracts

Samples: Paying Agency Agreement, Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 8.8.2 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.both.‌

Appears in 2 contracts

Samples: Fiscal Agency Agreement, Fiscal Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines in its sole discretion that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 17 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement (Tele2 Ab), Agency Agreement (Tele2 Ab)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 5.10 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Paying Agency Agreement, Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.5 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Paying Agent in the event that it determines that any payment to be made by an a Paying Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 sub clause 8.1.6 (Notice of possible withholding under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.5 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 7.1.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Notice of Possible Withholding Under FATCA. The relevant Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the relevant Issuer's obligation under this Clause 14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Each of the Issuer shall notify each Agent and the Paying Agents shall, in the event that it determines that any payment to be made by an a Paying Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, promptly notify the other Parties in this respect, provided, however, that the Issuer's obligation under this Clause 14 Clause‌ 7.8.3 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 2 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 16.12 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Senior Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 (b) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Senior Notes, or both.

Appears in 1 contract

Samples: Senior Notes Indenture (IHS Holding LTD)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.11 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Each of the Issuer shall notify each Agent and the Paying Agents shall, in the event that it determines that any payment to be made by an a Paying Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, promptly notify the other Parties in this respect, provided, however, that the Issuer's obligation under this Clause 14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.Clause

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Paying Agent in the event that it determines that any payment to be made by an a Paying Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 sub clause 7.1.6 (Notice of possible withholding under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.15 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 sub-clause 4.13.2 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.both.‌

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding Tax if such payment were made to a recipient that is generally unable to receive payments free from FATCA WithholdingWithholding Tax, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 13.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Paying Agent in the event that it determines that any payment to be made by an a Paying Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 sub clause 8.1.6 (Notice of possible withholding under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 11.8 (FATCA Compliance) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes Covered Bonds is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 shall apply only to the extent that such payments are so treated by virtue sub clause 8.1.6 (Notice of characteristics of the Issuer, the Notes, or both.possible withholding under

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 6.1 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes any Bonds is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 4.10.2 shall apply only to the extent that the Issuer is legally obliged under FATCA to make such determination and such payments are so treated by virtue of characteristics of the Issuer, the Notessuch Bonds, or both.

Appears in 1 contract

Samples: Fiscal, Transfer and Conversion Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligation under this Clause 14 9 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Issuing and Paying Agency Agreement

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Notice of Possible Withholding Under FATCA. The Issuer Issuers shall notify each Paying Agent in the event that it determines they determine that any payment to be made by an Paying Agent under the Notes any Security is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's Issuers’ obligation under this Clause 14 Section 1.20 shall apply only to the extent that such payments are so treated by virtue of characteristics of the IssuerIssuers, the Notessuch Securities, or both.

Appears in 1 contract

Samples: Indenture (Baker Hughes Co-Obligor, Inc.)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 7.9 (Notice of Possible Withholding Under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines or is notified that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 12.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, Notes or bothall of them.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 8.8 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 10.10 (Notice of Possible Withholding Under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.5 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The relevant Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.13(ii) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes Securities is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.17 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the NotesSecurities, or both.

Appears in 1 contract

Samples: Fiscal Agency Agreement (AMTD International Inc.)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Paying Agent in the event that it determines that any payment to be made by an a Paying Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 sub clause 8.1.6 (Notice of possible withholding under FATCA) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, Notes or both.

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.13 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Fiscal Agency Agreement

Notice of Possible Withholding Under FATCA. The relevant Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.13(b) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines or is notified that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 12.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, Notes or bothall of them.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the relevant Issuer's ’s obligation under this Clause 14 4.14 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 17 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4.14.2 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Each of the Issuer shall notify each Agent and the Paying Agents shall, in the event that it determines that any payment to be made by an a Paying Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, promptly notify the other Parties in this respect, provided, however, that the Issuer's obligation under this Clause 14 7.8.3 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Paying Agent in the event that it determines that any payment to be made by an a Paying Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were was made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 6.2 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes Bonds is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 4 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notessuch Bonds, or both.

Appears in 1 contract

Samples: Fiscal Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 13.10 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each the Principal Paying Agent or Iberclear Paying Agent, as applicable, in the event that it determines that any payment to be made by an any Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 subclause 5.13 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 17.16 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the such Notes, or both.

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 Section 2.16(j) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Indenture (Danaos Corp)

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to withholding under FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholdingwithholding under FATCA, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this Clause 14 8.1.5 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.;

Appears in 1 contract

Samples: Agency Agreement

Notice of Possible Withholding Under FATCA. The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's ’s obligation under this sub-Clause 14 9.6 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

Appears in 1 contract

Samples: Paying Agency Agreement

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