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

Notice of Possible Withholding Under FATCA. The Company shall notify in writing each of the Paying Agent and the Registrar in the event that it determines that any payment to be made by the Paying Agent or the Registrar 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 Company’s obligation under this paragraph (x)(ii) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Company, the Notes, or both.

Notice of Possible Withholding Under FATCA. The Company and the Subsidiaries shall notify in writing each of the Paying and Transfer Agent and the Registrar in the event that it determines that any payment to be made by the Paying and Transfer Agent or the Registrar 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 Company’s Company and the Subsidiaries’ obligation under this paragraph (x)(ii) shall apply only to the extent that such payments are so treated by virtue of characteristics of the Company, Company and/or Subsidiaries and/or the Notes, or both.