FATCA Application Date means (a) in relation to a “withholdable payment” described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the United States), July 1, 2014; (b) in relation to a “withholdable payment” described in Section 1473(1)(A)(ii) of the Code (which relates to “gross proceeds” from the disposition of property of a type that can produce interest from sources within the United States), January 1, 2019; or (c) in relation to a “passthru payment” described in Section 1471(d)(7) of the Code not falling within paragraphs (a) or (b) above, January 1, 2019; or, in each case, such other date from which such payment may become subject to a deduction or withholding required by FATCA as a result of any change in FATCA after the date of this Agreement.
FATCA Application Date means: in relation to a "withholdable payment" described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the United States of America), 1 January 2014; in relation to a "withholdable payment" described in section 1473(1)(A)(ii) of the Code (which relates to "gross proceeds" from the disposition of property of a type that can produce interest from sources within the United States of America), 1 January 2017; or in relation to a "passthru payment" described in section 1471(d)(7) of the Code not falling within paragraphs (a) or (b) above, 1 January 2017, or, in each case, such other date from which such payment may become subject to a deduction or withholding required by FATCA as a result of any change in FATCA after the Closing Date.
FATCA Application Date means: (i) in relation to a “withholdable payment” described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the US), 1 July 2014; or (ii) in relation to a “passthru payment” described in section 1471(d)(7) of the Code not falling within paragraph (a) above, the first date from which such payment may become subject to a deduction or withholding required by FATCA;
Examples of FATCA Application Date in a sentence
If so directed by the Lender, the Borrower shall procure that any Obligor which is a FATCA FFI or a US Tax Obligor shall resign as an Obligor and, if applicable, a Guarantor prior to the earliest FATCA Application Date relating to any payment by that Obligor (or any payment by the Lender which relates to a payment by that Obligor).
FATCA Application Date means: (a) in relation to a “withholdable payment” described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the US), 1 July 2014; or (b) in relation to a “passthru payment” described in section 1471(d)(7) of the Code not falling within paragraph (a) above, the first date from which such payment may become subject to a deduction or withholding required by FATCA.
The Facility Agent must resign if it will not be a FATCA Exempt Party on or after the earliest FATCA Application Date.
If an amendment or waiver is proposed or to be agreed with the effect after the FATCA Application Date, no such amendment or waiver may be made before the date falling ten Business Days after the terms of that amendment or waiver have been notified by the Facility Agent to the Lenders, unless each Lender is a "FATCA Protected Lender".
The provisions in this clause 8.14 shall apply after the FATCA Application Date.
More Definitions of FATCA Application Date
FATCA Application Date means, in relation to a:
FATCA Application Date means: #3462336/1 8 (117)
FATCA Application Date means: a) in relation to a "withholdable payment" described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the US), 1 July 2014; b) in relation to a "passthru payment" described in section 1471(d)(7) of the Code not falling within paragraph (a) above, the first date from which such payment may become subject to a deduction or withholding required by FATCA. "FATCA Deduction" means a deduction or withholding from a payment under a Finance Document required by FATCA. "FATCA Exempt Party" means a Party that is entitled to receive payments free from any FATCA Deduction. "Fee Letter" means any letter or letters dated on or about the date of this Agreement between: a) the Agent (on behalf of any other Finance Parties) and the Borrower; and b) the Agent (for itself) and the Borrower, in each case, setting out any of the fees referred to in Clause 11 (Fees). "Final Maturity Date" means the day falling five (5) years after the Drawdown Date under the Term Loan Facility. "Finance Documents" means a) this Agreement; b) any Fee Letter; c) the Security Documents; d) any Trust Agreement;
FATCA Application Date means (a) in relation to a “withholdable payment” described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the United States), July 1, 2014; (b) in relation to a “withholdable payment” described in Section 1473(1)(A)(ii) of the Code (which relates to “gross proceeds” from the disposition of property of a type that can produce interest from sources within the United States), January 1, 2019; or (c) in relation to a “passthru payment” described in Section 1471(d)(7) of the Code not falling within paragraphs (a) or (b) above, January 1, 2019; or, in each case, such other date from which such payment may become subject to a deduction or withholding required by FATCA as a result of any change in FATCA after the date of this Agreement. “FATCA Deduction” shall mean a deduction or withholding from a payment under a Loan Document required by FATCA. “FATCA Exempt Party” shall mean a Party that is entitled to receive payments free from any FATCA Deduction. “Fee Letters” means the Agent Fee Letter and the Arranger Fee Letter. “Fees” shall mean the fees and prepayment premiums payable hereunder or under each Fee Letter. “Financial Performance Covenant” shall mean the covenant set forth in Section 6.14. 31 1120544.02G-CHISR02A - MSW
FATCA Application Date means: (a) in relation to a "withholdable payment" described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the United States of America), 1 July 2014; or (b) in relation to a "passthru payment" described in section 1471(d)(7) of the Code not falling within paragraph (a) above, the first date from which such payment may become subject to a deduction or withholding required by FATCA. “FATCA Deduction” means a deduction or withholding from a payment under a Finance Document required by FATCA. “FATCA Exempt Party” means a Party that is entitled to receive payments free from any FATCA Deduction. “Fee Letters” means any letter or letters dated on or about the date of this Agreement between a Finance Party and an Obligor setting out any of the fees referred to in Clause 11 (Fees). "FEP Notices” means the Malaysian foreign exchange policy notices issued by BNM pursuant to Section 214 of the Financial Services Act 2013. “Finance Document” means this Agreement, the Transaction Security Documents, the Utilisation Requests, any Transfer Certificate, each Compliance Certificate, any Fee Letters, any Hedging Agreement, any Manager’s Undertaking, any Subordination Undertaking, any Reference Rate Supplement, any Compounding Methodology Supplement and any agreement documenting the Ancillary Facility and any other document designated as a Finance Document by the Agent and the Obligors provided that where the term "Finance Document" is used in, and construed for the purposes of, this Agreement, a Hedging Agreement and any agreement documenting the Ancillary Facility shall be a Finance Document only for the purposes of: (a) the definition of "Material Adverse Effect"; (b) the definition of “Secured Obligations”; (c) Clause 1.2(a)(ix); (d) Clause 2.4 (Parent’s authority);
FATCA Application Date means: (a) in relation to a "withholdable payment" described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the US), 1 July 2014; or (b) in relation to a "passthru payment" described in section 1471(d)(7) of the Code not falling within paragraph (a) above, the date from which such payment may become subject to a deduction or withholding required by FATCA. "FATCA Deduction" means a deduction or withholding from a payment under a Finance Document required by FATCA. "FATCA Exempt Party" means a Party that is entitled to receive payments free from any FATCA Deduction. "FATCA FFI" means a foreign financial institution as defined in section 1471(d)(4) of the Code which, if any Finance Party is not a FATCA Exempt Party, could be required to make a FATCA Deduction. "Fee Letter" means any letter or letters between the Agent and the Borrower (or the Arrangers and the Borrower) setting out any fees referred to in Clause 9. "Final Availability Date" means any date up to one month before, but not including, the Maturity Date. "Finance Documents" means this Agreement, any Hedging Agreement, the Security Documents, the Fee Letter, any Transfer Certificate and any other document designated as such by the Agent and the Borrower and "Finance Document" means any one of them. "Finance Parties" means the Agent, the Arrangers, the Bookrunners, the Coordinator, the Hedge Providers and the Lenders and "Finance Party" means any one of them. "Financial Indebtedness" means any indebtedness for or in respect of: (a) moneys borrowed; (b) any acceptance credit;
FATCA Application Date means: in relation to a “withholdable payment” described in section 1473(1)(A)(i) of the Code (which relates to payments of interest and certain other payments from sources within the United States of America), 1 July 2014; # 11 (11) Exhibit 10.5 - Part II EXECUTION VERSION in relation to a “withholdable payment” described in section 1473(1)(A)(ii) of the Code (which relates to “gross proceeds” from the disposition of property of a type that can produce interest from sources within the United States of America), 1 January 2017; or in relation to a “passthru payment” described in section 1471(d)(7) of the Code not falling within paragraphs (a) or (b) above, 1 January 2017, or, in each case, such other date from which such payment may become subject to a deduction or withholding required by FATCA as a result of any change in FATCA after the date of this Agreement.