Common use of Treatment of Amendment Under FATCA Clause in Contracts

Treatment of Amendment Under FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: First Lien Credit Agreement (GMS Inc.), Abl Credit Agreement (GMS Inc.)

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Treatment of Amendment Under FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Third Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: First Lien Credit Agreement (GMS Inc.)

Treatment of Amendment Under FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Amendment New Incremental First Lien Term Commitments Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Incremental First Lien Term (GMS Inc.)

Treatment of Amendment Under FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Amendment No. 4 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).Administrative

Appears in 1 contract

Samples: First Lien Credit Agreement (EWT Holdings I Corp.)

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Treatment of Amendment Under FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Fourth Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: First Lien Credit Agreement (GMS Inc.)

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