Common use of Documentation Required by FATCA Clause in Contracts

Documentation Required by FATCA. If a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Tax imposed by 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 IRC, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by 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 IRC) 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 Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes of determining withholding Taxes imposed under FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement

Documentation Required by FATCA. If a payment made to a Lender Purchaser under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender 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 IRCCode, as applicable), such Lender Purchaser shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower Seller or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the IRCCode) 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 Lender Purchaser has complied with such LenderPurchaser’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes of determining withholding Taxes imposed under FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a Lender under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by 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 IRCCode, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law 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 IRCCode) 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 Lender has complied with such Lender’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of determining withholding Taxes imposed under this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a Lender Purchaser under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender 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 IRCCode, as applicable), such Lender Purchaser shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower Seller or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the IRCCode) 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 Lender Purchaser has complied with such LenderPurchaser’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of determining withholding Taxes imposed under this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a Lender Recipient under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender Recipient were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the IRCCode, as applicable), such Lender Recipient shall deliver to the Borrower Seller and the Administrative Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower Seller or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the IRCCode) 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 Lender Recipient has complied with such LenderRecipient’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of determining withholding Taxes imposed under this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a the Lender under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such the 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 IRC, as applicable), such the Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested in writing 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 IRC) 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 its obligations under FATCA and to determine that such the Lender has complied with such the Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes of determining withholding Taxes imposed under FATCAThe Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent in writing of its legal inability to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreementdo so.

Documentation Required by FATCA. If a payment made to a Lender under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by 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 IRCCode, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law 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 IRCCode) 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 Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (hf), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes Agreement and any fiscal or regulatory legislation, rules or practices adopted after the date of determining withholding Taxes imposed under this Agreement pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a Lender an Affected Person under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender 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 IRCCode, as applicable), such Lender Affected Person shall deliver to the Borrower and the Administrative each Withholding Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative such Withholding Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the IRCCode) and such additional documentation reasonably requested by the Borrower or the Administrative such Withholding Agent as may be necessary for the Borrower and the Administrative such Withholding Agent to comply with their its obligations under FATCA and to determine that such Lender Affected Person has complied with such LenderAffected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes of determining withholding Taxes imposed under Agreement and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.

Documentation Required by FATCA. If a payment made to a Lender an Affected Person under any Loan Transaction Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender 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 IRCInternal Revenue Code, as applicable), such Lender Affected Person shall deliver to the Borrower Seller and the Administrative Agent Administrator at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Seller or the Administrative Agent Administrator such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the IRCInternal Revenue Code) and such additional documentation reasonably requested by the Borrower Seller or the Administrative Agent Administrator as may be necessary for the Borrower Seller and the Administrative Agent Administrator to comply with their obligations under FATCA and to determine that such Lender Affected Person has complied with such LenderAffected Person’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (hg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. For purposes of determining withholding Taxes imposed under Agreement and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with FATCA, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 Credit Agreement.