Common use of TAX REPORTING AND WITHHOLDING OBLIGATIONS Clause in Contracts

TAX REPORTING AND WITHHOLDING OBLIGATIONS. For any Notes, Talons or Coupons in respect of which AFS is the Issuer: 16.1 The Paying Agent shall act as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441- 1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code, and shall provide to the Issuer a valid intermediary withholding certificate and withholding statement to this effect as required under applicable U.S. Treasury Regulations (or any other applicable form of the Internal Revenue Service). 16.2 The Paying Agent shall be responsible for performing the U.S. tax withholding and tax reporting obligations of the Issuer and the Paying Agent with respect to all payments on the Notes that it is required to perform as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441-1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code, in each case including receipt and administration of tax withholding information with respect to the Notes (including any applicable Form W-8 or any other form of the Internal Revenue Service) and any other U.S. tax withholding and tax reporting as agreed between the Issuer and the Paying Agent in writing. 16.3 The Paying Agent hereby represents to the Issuer that the Paying Agent is the payee (as that term is defined for purposes of Chapter 3 and Chapter 4 and Chapter 61 and Section 3406 of the Code) with respect to payments on the Notes made by the Issuer to the Paying Agent under this Agreement. The Issuer shall comply with the information reporting requirements imposed by U.S. Treasury Regulations issued under Sections 1461 and 1474 of the Code (or any successor provisions having substantially the same effect) and shall provide the Paying Agent with Form 1042-S not later than April 1 of each year during the term of this Agreement for the prior tax year, commencing April 1, 2018. 16.4 The Paying Agent shall request from each relevant clearing system that holds any Notes a valid intermediary withholding certificate and withholding statement as required under applicable U.S. Treasury Regulations (or any other applicable form required by the Internal Revenue Service) certifying that such clearing system will act as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441-1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code with respect to payments on the Notes that it receives from the Paying Agent.

TAX REPORTING AND WITHHOLDING OBLIGATIONS. For any Notes, Talons or Coupons in respect of which AFS is the as Issuer: 16.1 The Paying Agent shall act as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441- 1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code, and shall provide to the Issuer a valid intermediary withholding certificate and withholding statement to this effect as required under applicable U.S. Treasury Regulations (or any other applicable form of the Internal Revenue Service). 16.2 The Paying Agent shall be responsible for performing the U.S. tax withholding and tax reporting obligations of the Issuer and the Paying Agent with respect to all payments on the Notes that it is required to perform as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441-1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code, in each case including receipt and administration of tax withholding information with respect to the Notes (including any applicable Form W-8 or any other form of the Internal Revenue Service) and any other U.S. tax withholding and tax reporting as agreed between the Issuer and the Paying Agent in writing. 16.3 The Paying Agent hereby represents to the Issuer that the Paying Agent is the payee (as that term is defined for purposes of Chapter 3 and Chapter 4 and Chapter 61 and Section 3406 of the Code) with respect to payments on the Notes made by the Issuer to the Paying Agent under this Agreement. The Issuer shall comply with the information reporting requirements imposed by U.S. Treasury Regulations issued under Sections 1461 and 1474 of the Code (or any successor provisions having substantially the same effect) and shall provide the Paying Agent with Form 1042-S not later than April 1 of each year during the term of this Agreement for the prior tax year, commencing April 1, 2018. 16.4 The Paying Agent shall request from each relevant clearing system that holds any Notes a valid intermediary withholding certificate and withholding statement as required under applicable U.S. Treasury Regulations (or any other applicable form required by the Internal Revenue Service) certifying that such clearing system will act as a “qualified intermediary,” as defined in Treas. Reg. Section 1.1441-1(e)(5), that assumes primary withholding and reporting responsibility for all purposes of the Code with respect to payments on the Notes that it receives from the Paying Agent.