Common use of Documentation Required by FATCA Clause in Contracts

Documentation Required by FATCA. If a payment made to a Credit Party under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party has complied with such Affected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 10 contracts

Samples: Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (PRA Health Sciences, Inc.)

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Documentation Required by FATCA. If a payment made to a Credit Party an Affected Person under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party Affected Person 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 Credit Party Affected Person shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Affected Person has complied with such Affected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 10 contracts

Samples: Receivables Financing Agreement (Compass Minerals International Inc), Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Exact Sciences Corp)

Documentation Required by FATCA. If a payment made to a Credit Party under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party has complied with such Affected PersonCredit Party’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 8 contracts

Samples: Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (Rackspace Technology, Inc.)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gSection 2.16(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Pennantpark Investment Corp), Revolving Credit Agreement (Pennantpark Investment Corp), Guarantee and Security Agreement (Pennantpark Investment Corp)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 CodeIRC, as applicable), such Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Globant S.A.), Credit Agreement (Comstock Oil & Gas Investments, LLC)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation document 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their respective obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gSection 2.16(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Samples: Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Assignment and Assumption (Stellus Capital Investment Corp), Secured Revolving Credit Agreement (Stellus Capital Investment Corp)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Affected Person shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Ledner has complied with such Affected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Samples: Omnibus Amendment (CONSOL Energy Inc.), Omnibus Amendment (CONSOL Energy Inc.), Receivables Financing Agreement (CONSOL Energy Inc.)

Documentation Required by FATCA. If a payment made to a Credit Party under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party has complied with such Affected PersonCredit Party’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with FATCA.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp), Receivables Financing Agreement (Alliance Holdings GP, L.P.), Receivables Financing Agreement (Alliance Holdings GP, L.P.)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 CodeIRC, as applicable), such Credit Party Lender shall deliver to the Borrower Borrowers and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested in writing by the Borrower Borrowers or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Borrower Borrowers or the Administrative Agent as may be necessary for the Borrower Borrowers and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement and any fiscal or regulatory legislation, rules or practices adopted after the date of this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sinclair Broadcast Group Inc), Loan and Security Agreement (Exela Technologies, Inc.)

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Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gf), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.. (g)

Appears in 2 contracts

Samples: Loan and Security Agreement (Bird Global, Inc.), Loan and Security Agreement (Bird Global, Inc.)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 CodeIRC, as applicable), such Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), the term “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (AMERICAN EAGLE ENERGY Corp)

Documentation Required by FATCA. If a payment made to a Credit Party under any Transaction Document Lender hereunder would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cna Financial Corp)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party Lender were to fail to comply with the applicable reporting requirements of FATCA (including 44 Patriot National Credit Agreement those contained in Section 1471(b) or 1472(b) of the CodeIRC, as applicable), such Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Patriot National, Inc.)

Documentation Required by FATCA. If a payment made to a Credit Party under any Transaction Document Lender hereunder would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.. 7552140v7 19897.00013

Appears in 1 contract

Samples: Credit Agreement (Cna Financial Corp)

Documentation Required by FATCA. If a payment made to a Credit Party Lender under any Transaction Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Credit Party 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 Credit Party Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative 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 Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Lender has complied with such Affected PersonLender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (gf), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Bird Global, Inc.)

Documentation Required by FATCA. If a payment made to a Credit Party Purchaser under any Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Credit Party Purchaser were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Credit Party Purchaser shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower Seller or the Administrative Agent such documentation prescribed by Applicable Law 744072627 21691544 50 (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Borrower Seller or the Administrative Agent as may be necessary for the Borrower Seller and the Administrative Agent to comply with their obligations under FATCA and to determine that such Credit Party Purchaser has complied with such Affected PersonPurchaser’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Moog Inc.)

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