Common use of FATCA Certification Clause in Contracts

FATCA Certification. “If a payment made to the Issuing Bank or a Bank hereunder would be subject to U.S. federal withholding tax imposed by FATCA if the Issuing Bank or such Bank 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), the Issuing Bank or such Bank shall deliver to each of the Company and the Administrative Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Company 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 Company or the Administrative Agent as may be necessary for the Company and the Administrative Agent to comply with its obligations under FATCA, to determine that the Issuing Bank or such Bank has or has not complied with the Issuing Bank’s or such Bank’s obligations under FATCA and, as necessary, to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 31, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.” (n) Each of the parties hereto hereby acknowledges and agrees, and directs the Issuing Bank, to amend the Letter of Credit as set forth on Exhibit A attached hereto.