Common use of Obligations in Respect of FATCA Clause in Contracts

Obligations in Respect of FATCA. Without duplication to a Lender’s obligation to provide tax forms or certificates under Section 3.01(d), if a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Taxes imposed under FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Agent as may be necessary for the Borrower and the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Xxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payments. Solely for purposes of this Section 3.01(g), FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Warehouse Loan Agreement (Greenbrier Companies Inc), Warehouse Loan Agreement (Greenbrier Companies Inc)

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Obligations in Respect of FATCA. Without duplication to a Lender’s obligation to provide tax forms or certificates under Section 3.01(d), if a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Taxes imposed under FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Agent as may be necessary for the Borrower and the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such XxxxxxLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payments. Solely for purposes of this Section 3.01(g), FATCA shall include any amendments made to FATCA after the date of this Agreement.this

Appears in 1 contract

Samples: Warehouse Loan Agreement (Trinity Industries Inc)

Obligations in Respect of FATCA. Without duplication to a Lender’s obligation to provide tax forms or certificates under Section 3.01(d), if a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Taxes imposed under FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower Borrower, the Depositary and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Borrower, the Depositary or the Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Borrower, the Depositary or the Agent as may be necessary for the Borrower Borrower, the Depositary and the Agent to comply with their obligations under FATCA and to determine that such Lender Xxxxxx has complied with such XxxxxxLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payments. Solely for purposes of this Section 3.01(g), FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Warehouse Loan Agreement (Trinity Industries Inc)

Obligations in Respect of FATCA. Without duplication to a Lender’s 's obligation to provide tax forms or certificates under Section 3.01(d), if a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Taxes taxes imposed under FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Agent such documentation prescribed by Applicable Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Agent as may be necessary for the Borrower and the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Xxxxxx’s Lender's obligations under FATCA or to determine the amount to deduct and withhold from such payments. Solely for purposes of this Section 3.01(g), FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Warehouse Loan Agreement (Trinity Industries Inc)

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Obligations in Respect of FATCA. Without duplication to a Lender’s obligation to provide tax forms or certificates under Section 3.01(d), if a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Taxes imposed under FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Agent as may be necessary for the Borrower and the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such XxxxxxLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payments. Solely for purposes of this Section 3.01(g), FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Trinity Industries Inc)

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