Common use of FATCA Determination Clause in Contracts

FATCA Determination. For purposes of determining withholding Taxes imposed under FATCA, from and after the First Amendment Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). (e) The Credit Agreement is further amended by restating Section 3.06(b) thereof in its entirety as follows:

FATCA Determination. For purposes of determining withholding Taxes imposed under FATCA, from and after the First Third Amendment Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). (em) The Credit Agreement is further amended by restating Section 3.06(b) thereof in its entirety as follows: