Common use of FATCA Acknowledgement Clause in Contracts

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

Appears in 4 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit and Term Loan Agreement (Washington Prime Group, L.P.), Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)

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FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 4 contracts

Samples: Credit and Term Loan Agreement (Gramercy Property Trust), Credit Agreement (Kimco Realty Corp), Term Loan Agreement (GPT Operating Partnership LP)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing DateFebruary __, 2015, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower and the Administrative Agent shall continue to treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Amendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Term Loan Agreement (Taubman Centers Inc), Revolving Credit and Term Loan Agreement (Gramercy Property Trust Inc.)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Revolving Credit and Term Loan Agreement (Taubman Centers Inc)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower and the Administrative Agent shall continue to treat (and the Lenders hereby authorize the Administrative Agent to continue to treat) the Loans and this 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: And Term Loan Agreement (Columbia Property Trust, Inc.)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). SECTION 2.18.

Appears in 1 contract

Samples: Term Loan Agreement

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP)

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FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing DateMarch 31, 2015, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Credit Agreement (Simon Property Group L P /De/)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under upon FATCA, from and after the Closing Date, the Borrower and the Administrative Agent shall continue to treat (and the Lenders hereby authorize authorized the Administrative Agent to treat) the Loans and this 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: Credit Agreement (DDR Corp)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Amendment No. 2 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Revolving Credit Agreement (Taubman Centers Inc)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under upon FATCA, from and after the Closing Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize authorized the Administrative Agent to treat) the Loans and this 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: Credit Agreement (DDR Corp)

FATCA Acknowledgement. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and this 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: Contribution Agreement (Columbia Property Trust, Inc.)

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