Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer and the Guarantor under this Clause 9 shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer or the Guarantor (as applicable), the Notes, or both.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer and the Guarantor Issuer’s obligation under this Clause 9 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 relevant Issuer or the Guarantor (as applicable)Issuer, the Notes, or both.
Appears in 1 contract
Samples: Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer and the Guarantor Issuer’s obligation under this Clause 9 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 relevant Issuer or the Guarantor (as applicable)Issuer, the Notes, or both.
Appears in 1 contract
Samples: Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer such Issuer’s and the Guarantor Guarantor’s respective obligations under this Clause 9 14 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer or Issuer, the Guarantor (as applicable)Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Note Agency Agreement (Ecolab Inc.)
Notice of Possible Withholding Under FATCA. The relevant Each of the Issuer and/or and the Guarantor, if applicable, Guarantor shall notify the 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 obligations of Issuer’s or the relevant Issuer and the Guarantor Guarantor’s obligation under this Clause 9 4.15 shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer or the Guarantor (as applicable)Guarantor, the such Notes, or both.
Appears in 1 contract
Samples: Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer such Issuer's and the Guarantor Guarantor's respective obligations under this Clause 9 15 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer or Issuer, the Guarantor (as applicable)Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Agreement (Ecolab Inc.)
Notice of Possible Withholding Under FATCA. The relevant Issuer and/or the Guarantor, if applicable, shall notify the 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 obligations of the relevant Issuer such Issuer's and the Guarantor Guarantor's respective obligations under this Clause 9 14 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer or Issuer, the Guarantor (as applicable)Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Note Agency Agreement (Ecolab Inc.)