Common use of FATCA Information Clause in Contracts

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “"pass thru percentage” " or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s 's compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph subclause (c) below, each Party party to a Security Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by another party to the other PartySecurity Documents: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the regulations of the US Treasury Department or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (b) If a Party party to any Security Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to subclause (a) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide party and the relevant revised form, as applicable, Agent reasonably promptly. (c) Nothing in this Clause Subclause (a) above shall not oblige a Party any Lender to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that partyLender, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party Lender for purposes of this paragraphsubclause (c). (d) If a party to any Security Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with subclause (a) above (including, for the avoidance of doubt, where subclause (c) above applies), then (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Security Documents as if it is not a FATCA Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Security Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Relevant Party shallconfirms to each other Relevant Party that it is a FATCA Exempt Party on the date hereof (or in the case of a Transferee Lender, on the date of the Bareboat Charterits applicable Transfer Certificate, and except as otherwise indicated therein) and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesRelevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a Relevant Party confirms to any other Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.8 shall oblige a obligate any Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other ), documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru percentage” " or other information required under FATCA the US Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s 's compliance with FATCA.; (bii) If a Party party to any Finance Document confirms to any other Party another party pursuant to Clause 22.8(a)(i) above that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided IRS Form has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly.; (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct information required (or equivalent to the information so required) by IRS Form Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphsub-clause (iii); (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, confirms to each other FATCA Relevant Party whether it is or is not a FATCA Exempt Party on the date of the Bareboat Charter, hereof and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FACTA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Relevant Party shallconfirms to each other Relevant Party that it is a FATCA Exempt Party on the date hereof (or in the case of a Transferee Lender, on the date of the Bareboat Charterits applicable Transfer Certificate, and except as otherwise indicated therein) and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesRelevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (bd) If a Relevant Party confirms to any other Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Relevant Parties reasonably promptly. (ce) Nothing in this Clause 23.8 shall oblige a obligate any Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (f) If a Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallFATCA Relevant Party, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other PartyBorrower or the Facility Agent, shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Non-Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass pass-thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other Party the Borrower or the Facility Agent that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Borrower and the Facility Agent reasonably promptly. (c) Nothing in this Clause Section 7.5 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might might, constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct applicable IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable pass-thru percentage then such party shall be treated for the purposes of any Transaction Document (and payments made thereunder) as if its applicable pass-thru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the U.S. Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.6(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide party and the relevant revised form, as applicable, Agent reasonably promptly. (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, . (iv) If a party to any Finance Document fails to confirm its status or to disclose any confidential supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, without limitationfor the avoidance of doubt, its tax returns and calculationswhere sub-clause (iii) above applies); provided, however, then: (A) if that nothing in this paragraph party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated for the purposes of the Finance Documents as confidential information of if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this paragraphthe Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the US Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.6(a)(i22.8(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly.; (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphsub-clause (iii); (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the US Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.6(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly.; (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphsub-clause (iii); (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallFATCA Relevant Party, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other PartyBorrower or the Facility Agent, shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Non-Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other Party the Borrower or the Facility Agent that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, Party or that the said form Form provided has ceased to be correct accurate or valid, that party shall so notify all other relevant parties the Borrower and the Facility Agent or provide the relevant a revised formForm, as applicable, reasonably promptly. (c) Nothing in this Clause Section 8.5 (FATCA Information) shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might might, constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct applicable IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then such party shall be treated as if it were a FATCA Non-Exempt Party until such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, confirms to each other FATCA Relevant Party whether it is or is not a FATCA Exempt Party on the date of the Bareboat Charter, hereof and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FACTA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (a) such party shall be treated as if it were a FATCA Non-Exempt Party; and (b) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting that party’s compliance with FATCA. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said IRS form provided has ceased to be correct accurate or valid, that party shall so notify all the other relevant parties FATCA Relevant Party reasonably promptly or provide the relevant a revised IRS form, as applicable, reasonably promptly. (c) Nothing in this Clause 22.6 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, Provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement or the provided information is insufficient under FATCA, then such party shall be treated as if it were a FATCA Non-Exempt Party until such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (aA) Subject to paragraph (c) belowClause 11.8(C), each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i1) confirm to that other party Party whether it is is: (a) a FATCA Exempt Party or is Party; or (b) not a FATCA Exempt Party; and; (ii2) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting partythat other Party’s compliance with FATCA; and (3) supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party’s compliance with any other law, regulation, or exchange of information regime. (bB) If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to Clause 11.8(A)(1) that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, not or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (cC) Nothing in this Clause 11.8(A) shall not oblige a any Finance Party to do anything anything, and Clause 11.8(A)(3) shall not oblige any other Party to do anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (1) any law or regulation, any policy of that party, ; (2) any fiduciary duty or duty; or (3) any duty of confidentiality, . (D) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with Clause 11.8(A)(1) or Clause 11.8(A)(2) (including, without limitationfor the avoidance of doubt, where Clause 11.8(C) applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. (E) If the Borrower is a US Tax Obligor or the Agent reasonably believes that its tax returns obligations under FATCA or any other applicable law or regulation require it, each Lender shall, within ten Business Days of: (1) where the Borrower is a US Tax Obligor and calculations); providedthe relevant Lender is an Original Lender, howeverthe date of the Original Facility Agreement; (2) where the Borrower is a US Tax Obligor on a date on which any other Lender becomes a Party as a Lender, that nothing in this paragraph date; or (3) where the Borrower is not a US Tax Obligor, the date of a request from the Agent, supply to the Agent: (a) a withholding certificate on Form W-8, Form W-9 or any other relevant form; or (b) any withholding statement or other document, authorisation or waiver as the Agent may require to certify or establish the status of such Lender under FATCA or that other law or regulation. (F) The Agent shall excuse provide any withholding certificate, withholding statement, document, authorisation or waiver it receives from a Party from providing a true, complete and correct IRS Form W-8 or W-9 Lender (or in the case of the Original Lender, the Arranger, acting on its behalf) pursuant to Clause 11.8(E) above to the Borrower. (G) If any successor withholding certificate, withholding statement, document, authorisation or substitute form where applicablewaiver provided to the Agent by a Lender pursuant to Clause 11.8(E) above is or becomes materially inaccurate or incomplete, that Lender shall promptly update it and provide such updated withholding certificate, withholding statement, document, authorisation or waiver to the Agent unless it is unlawful for the Lender to do so (in which case the Lender shall promptly notify the Agent). Any information provided The Agent shall provide any such updated withholding certificate, withholding statement, document, authorisation or waiver to the Borrower. (H) The Agent may rely on such IRS Form W-8 any withholding certificate, withholding statement, document, authorisation or W-9 waiver it receives from a Lender (or any successor in the case of the Original Lender, the Arranger acting on its behalf) pursuant to Clause 11.8(E) or substitute formsClause 11.8(G) above without further verification. The Agent shall not be treated as confidential information of such party liable for purposes of this paragraphany action taken by it under or in connection with Clause 11.8(E), Clause 11.8(F) or Clause 11.8(G).

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts. 14 ASSIGNMENT

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party Party whether it is is: (A) a FATCA Exempt Party or is Party; or (B) not a FATCA Exempt Party; and; (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” US Internal Revenue Service Forms W-8 or other information required under FATCA or other official guidance including intergovernmental agreementsW-9) as the requesting party that other Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA; and (iii)supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party's compliance with any other law, regulation, or exchange of information regime. (b) If a Party confirms to any other another Party pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party or provides an IRS a US Internal Revenue Service Form W-8 or W-9 showing that it is a FATCA Exempt Party W-9, and it subsequently becomes aware that it is not, not or has ceased to be a FATCA Exempt Party, Party or that the said form provided such Form has ceased to be correct accurate or valid, that party Party shall so notify all that other relevant parties Party reasonably promptly or provide the relevant a revised formForm, as applicable, reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a any Creditor Party to do anything anything, and paragraph (a)(iii) above shall not oblige any other Party to do anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (i) any law or regulation, any policy of that party, ; (ii) any fiduciary duty or duty; or (iii) any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, howeverthat, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form the provision of US Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of deemed to be such party a breach for purposes of this paragraphparagraph (c). (d) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to supply forms, documentation or other information requested in accordance with paragraph (a)(i) or (ii) above (including, for the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party, each FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FACTA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this Agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, on the date of the Bareboat Charter, and thereafter shall within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.8 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallconfirms to each other Party that it is a FATCA Exempt Party on the date of this Agreement (or in the case of a New Lender, on the date of the Bareboat Charterits applicable Transfer Certificate, and except as otherwise indicated therein) and thereafter each Party shall, within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party Party whether it is is: (A) a FATCA Exempt Party or is Party; or (B) not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other ), documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA. (b) If a Party confirms to any other another Party pursuant to paragraph (a) above that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided IRS Form has ceased to be correct accurate or valid, that party Party shall so notify all that other relevant parties Party or provide the relevant a revised formIRS Form, as applicable, reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a any Finance Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (i) any law or regulation, any policy of that party, ; (ii) any fiduciary duty or duty; or (iii) any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any Finance Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with paragraph (a) above (including, for the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the U.S. Treasury regulations or other official guidance including intergovernmental agreementsagreements or treaties) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.8(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide party and the relevant revised form, as applicable, Agent reasonably promptly. (ciii) Nothing in this Clause Subclause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that partyCreditor Party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party Creditor Party for purposes of this paragraphsubclause (iii). (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with subclause (i) above (including, for the avoidance of doubt, where subclause (iii) above applies), then (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) : confirm to that other party Party whether it is is: a FATCA Exempt Party Party; or is not a FATCA Exempt Party; and (ii) and supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru payment percentage” " or other information required under FATCA the US Treasury Regulations or other official guidance including intergovernmental agreements) as the requesting party that other Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA. (b) . If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to 13.4(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. . Paragraph (ca) Nothing in this Clause above shall not oblige a any Finance Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of of: any law or regulation, any policy of that party, ; any fiduciary duty duty; or any duty of confidentiality, . If a Party fails to confirm its status or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a) above (including, without limitationfor the avoidance of doubt, where paragraph (b) above applies), then: if that Party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such Party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and if that Party failed to confirm its tax returns applicable "passthru payment percentage" then such Party shall be treated for the purposes of the Finance Documents (and calculations); providedpayments made thereunder) as if its applicable "passthru payment percentage" is 100%, howeveruntil (in each case) such time as the Party in question provides the requested confirmation, forms, documentation or other information. If an Obligor is required to make a FATCA Deduction, that nothing Obligor shall make that FATCA Deduction and any payment required in this paragraph connection with that FATCA Deduction within the time allowed and in the minimum amount required by FATCA. If a FATCA Deduction is required to be made by an Obligor, the amount of the payment due from that Obligor shall excuse be increased to an amount which (after making any FATCA Deduction) leaves an amount equal to the payment which would have been due if no FATCA Deduction had been required. The Parent shall promptly upon becoming aware that an Obligor must make a Party from providing a true, complete and correct IRS Form W-8 or W-9 FATCA Deduction (or that there is any successor change in the rate or substitute form where the basis of a FATCA Deduction) notify the Agent accordingly. Similarly, a Finance Party shall notify the Agent on becoming so aware in respect of a payment payable to that Finance Party. If the Agent receives such notification from a Finance Party it shall notify the Parent and that Obligor. Within thirty days of making either a FATCA Deduction or any payment required in connection with that FATCA Deduction, the Obligor making that FATCA Deduction or payment shall deliver to the Agent for the Finance Party entitled to the payment evidence reasonably satisfactory to that Finance Party that the FATCA Deduction has been made or (as applicable)) any appropriate payment paid to the relevant governmental and taxation authority. Any information provided on Each Finance Party may make any FATCA Deduction it is required by FATCA to make, and any payment required in connection with that FATCA Deduction, and no Finance Party shall be required to increase any payment in respect of which it makes such IRS Form W-8 a FATCA Deduction or W-9 otherwise compensate the recipient of the payment for that FATCA Deduction. A Finance Party which becomes aware that it must make a FATCA Deduction in respect of a payment to another Party (or that there is any successor change in the rate or substitute formsthe basis of such FATCA Deduction) shall notify that Party and the Agent. If the Agent is required to make a FATCA Deduction in respect of a payment to a Finance Party under Clause 30.2 (Distributions by the Agent) which relates to a payment by an Obligor, the amount of the payment due from that Obligor shall be increased to an amount which (after the Agent has made such FATCA Deduction), leaves the Agent with an amount equal to the payment which would have been made by the Agent if no FATCA Deduction had been required. The Agent will not be treated as confidential information obliged to pay or advance such amount before actually receiving the increased amount from the relevant Obligor. The Agent shall promptly upon becoming aware that it must make a FATCA Deduction in respect of such party for purposes of this paragraph.a payment to a Finance Party under Clause

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru percentage” " or other information required under FATCA the Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s 's compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 23.9(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly. (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphSub-clause (iii). (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party Party whether it is is: (1) a FATCA Exempt Party or is Party; or (2) not a FATCA Exempt Party; and; (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting partythat other Party’s compliance with FATCA; and (iii) supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party’s compliance with any other law, regulation, or exchange of information regime. (b) If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, not or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a the Bank to do anything, and paragraph (a)(iii) above shall not oblige any other Party to do anything anything, which would or, in its reasonable opinion, or might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty . (d) If a Party fails to confirm whether or any duty of confidentiality, not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a)(i) or (ii) above (including, without limitationfor the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Facility Agreement (and payments under it) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. (e) If the Company is resident for tax purposes in the US or some or all of whose payments under the Facility Agreement are from sources within the US for US federal income tax purposes, or the Bank reasonably believes that its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (obligations under FATCA or any successor other applicable law or substitute form where applicable). Any information provided regulation require it, the Bank shall, within ten Business Days of the date of this Agreement supply to the Company: (i) a withholding certificate on such IRS Form W-8 or W-8, Form W-9 (or any successor other relevant form; or (ii) any withholding statement or substitute formsother document, authorisation or waiver as the Borrower may require to certify or establish the status of the Bank under FATCA or that other law or regulation. (f) If any withholding certificate, withholding statement, document, authorisation or waiver provided to the Company by the Bank pursuant to paragraph (e) above is or becomes materially inaccurate or incomplete, the Bank shall not be treated as confidential information of promptly update it and provide such party updated withholding certificate, withholding statement, document, authorisation or waiver to the Company unless it is unlawful for purposes of this paragraphthe Bank to do so (in which case the Bank shall promptly notify the Company).

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, confirms to each other FATCA Relevant Party whether it is or is not a FATCA Exempt Party on the date of the Bareboat Charter, hereof and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party: (i) confirm to that the other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (( including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing to show that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.7 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provision of this Agreement or the provided information is insufficient under FATCA then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and CIBFL CM – Guarantee (Top Ships) Hull no. 25110063 SINGAPORE/92298043v1 (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) belowClause 12.7.3, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) : confirm to that other party Party whether it is is: a FATCA Exempt Party Party; or is not a FATCA Exempt Party; and (ii) and supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA. (b) ; and supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party's compliance with any other law, regulation, or exchange of information regime. If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to Clause 12.7.1(a)(i) that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c. Clause 12.7.1 shall not oblige the Lender to do anything, and Clause 12.7.1(c) Nothing in this Clause shall not oblige a any other Party to do anything anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: any law or regulation, any policy of that party, ; any fiduciary duty duty; or any duty of confidentiality, . If a Party fails to confirm whether or not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with Clause 12.7.1(a) or 12.7.1(b) (including, without limitationfor the avoidance of doubt, where Clause 12.7.3 applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. If the Borrower is a US Tax Obligor or the Lender reasonably believes that its tax returns and calculations)obligations under FATCA or any other applicable law or regulation require it, the Lender shall, within ten Business Days of: where the Borrower is a US Tax Obligor, the date of this Agreement; providedor where the Borrower is not a US Tax Obligor, howeverthe date of a request from the Borrower, that nothing in this paragraph shall excuse supply to the Borrower: a Party from providing a true, complete and correct IRS withholding certificate on Form W-8 or Form W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (other relevant form; or any successor withholding statement or substitute forms) other document, authorisation or waiver as the Borrower may require to certify or establish the status of the Lender under FATCA or that other law or regulation. If any withholding certificate, withholding statement, document, authorisation or waiver provided to the Borrower by the Lender pursuant to Clause 12.7.5 is or becomes materially inaccurate or incomplete, the Lender shall not be treated as confidential information of promptly update it and provide such party updated withholding certificate, withholding statement, document, authorisation or waiver to the Borrower unless it is unlawful for purposes of this paragraphthe Lender to do so (in which case the Lender shall promptly notify the Borrower).

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) : confirm to that other party Party whether it is is: a FATCA Exempt Party Party; or is not a FATCA Exempt Party; and (ii) and supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru payment percentage” " or other information required under FATCA the US Treasury Regulations or other official guidance including intergovernmental agreements) as the requesting party that other Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA. (b) . If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to 13.4(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. . Paragraph (ca) Nothing in this Clause above shall not oblige a any Finance Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of of: any law or regulation, any policy of that party, ; any fiduciary duty duty; or any duty of confidentiality, . If a Party fails to confirm its status or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a) above (including, without limitationfor the avoidance of doubt, where paragraph (b) above applies), then: if that Party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such Party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and if that Party failed to confirm its tax returns applicable "passthru payment percentage" then such Party shall be treated for the purposes of the Finance Documents (and calculations); providedpayments made thereunder) as if its applicable "passthru payment percentage" is 100%, howeveruntil (in each case) such time as the Party in question provides the requested confirmation, forms, documentation or other information. If an Obligor is required to make a FATCA Deduction, that nothing Obligor shall make that FATCA Deduction and any payment required in this paragraph connection with that FATCA Deduction within the time allowed and in the minimum amount required by FATCA. If a FATCA Deduction is required to be made by an Obligor, the amount of the payment due from that Obligor shall excuse be increased to an amount which (after making any FATCA Deduction) leaves an amount equal to the payment which would have been due if no FATCA Deduction had been required. The Parent shall promptly upon becoming aware that an Obligor must make a Party from providing a true, complete and correct IRS Form W-8 or W-9 FATCA Deduction (or that there is any successor change in the rate or substitute form where the basis of a FATCA Deduction) notify the Agent accordingly. Similarly, a Finance Party shall notify the Agent on becoming so aware in respect of a payment payable to that Finance Party. If the Agent receives such notification from a Finance Party it shall notify the Parent and that Obligor. Within thirty (30) days of making either a FATCA Deduction or any payment required in connection with that FATCA Deduction, the Obligor making that FATCA Deduction or payment shall deliver to the Agent for the Finance Party entitled to the payment evidence reasonably satisfactory to that Finance Party that the FATCA Deduction has been made or (as applicable)) any appropriate payment paid to the relevant governmental and taxation authority. Any information provided on Each Finance Party may make any FATCA Deduction it is required by FATCA to make, and any payment required in connection with that FATCA Deduction, and no Finance Party shall be required to increase any payment in respect of which it makes such IRS Form W-8 a FATCA Deduction or W-9 otherwise compensate the recipient of the payment for that FATCA Deduction. A Finance Party which becomes aware that it must make a FATCA Deduction in respect of a payment to another Party (or that there is any successor change in the rate or substitute formsthe basis of such FATCA Deduction) shall notify that Party and the Agent. If the Agent is required to make a FATCA Deduction in respect of a payment to a Finance Party under Clause 30.2 (Distributions by the Agent) which relates to a payment by an Obligor, the amount of the payment due from that Obligor shall be increased to an amount which (after the Agent has made such FATCA Deduction), leaves the Agent with an amount equal to the payment which would have been made by the Agent if no FATCA Deduction had been required. The Agent will not be treated as confidential information obliged to pay or advance such amount before actually receiving the increased amount from the relevant Obligor. The Agent shall promptly upon becoming aware that it must make a FATCA Deduction in respect of such party for purposes of this paragraph.a payment to a Finance Party under Clause

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.5(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly. (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphSub-clause (iii). (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) 10 Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and and 61 (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the U.S. Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 22.6(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide party and the relevant revised form, as applicable, Agent reasonably promptly. (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, . (iv) If a party to any Finance Document fails to confirm its status or to disclose any confidential supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, without limitationfor the avoidance of doubt, its tax returns and calculationswhere sub-clause (iii) above applies); provided, however, then: (A) if that nothing in this paragraph party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated for the purposes of the Finance Documents as confidential information of if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this paragraphthe Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100 per cent., until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and; (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting partythat other Party’s compliance with FATCA; and (iii) supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party's compliance with any other law, regulation, or exchange of information regime. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a any Creditor Party to do anything anything, and paragraph (a)(iii) above shall not oblige any other Party to do anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (i) any law or regulation, any policy of that party, ; (ii) any fiduciary duty or duty; or (iii) any duty of confidentiality, . (d) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a)(i) or (ii) above (including, without limitationfor the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. (e) If a Borrower is a US Tax Obligor or the Agent reasonably believes that its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (obligations under FATCA or any successor other applicable law or substitute form regulation require it, each Lender shall, within ten Business Days of: (i) where applicable). Any information provided the Borrower is a US Tax Obligor and the relevant Lender is a Lender as of the Effective Date, the Effective Date; (ii) where the Borrower is a US Tax Obligor on such IRS Form W-8 or W-9 the date of transfer of a Loan and the relevant Lender is a Transferee Lender, the relevant transfer date; or (or any successor or substitute formsiii) shall not be treated as confidential information the date of such party for purposes of this paragraph.a request from the Agent, supply to the Agent:

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “"pass thru percentage” " or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s 's compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and Huarong Top Ships II - Guarantee m.v. Eco Oceano CA SINGAPORE/91880868v1 (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and; (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting partythat other Party’s compliance with FATCA; and (iii) supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party's compliance with any other law, regulation, or exchange of information regime. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a any Creditor Party to do anything anything, and paragraph (a)(iii) above shall not oblige any other Party to do anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (i) any law or regulation, any policy of that party, ; (ii) any fiduciary duty or duty; or (iii) any duty of confidentiality, . (d) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a)(i) or (ii) above (including, without limitationfor the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. (e) If a Borrower is a US Tax Obligor or the Agent reasonably believes that its tax returns obligations under FATCA or any other applicable law or regulation require it, each Lender shall, within ten Business Days of: (i) where the Borrower is a US Tax Obligor and calculations)the relevant Lender is a Lender as of the Effective Date, the Effective Date; (ii) where the Borrower is a US Tax Obligor on the date of transfer of a Loan and the relevant Lender is a Transferee Lender, the relevant transfer date; providedor (iii) the date of a request from the Agent, howeversupply to the Agent: (A) a withholding certificate on Form W-8, Form W-9 or any other relevant form; or (B) any withholding statement or other document, authorisation or waiver as the Agent may require to certify or establish the status of such Lender under FATCA or that other law or regulation. (a) The Agent shall provide any withholding certificate, withholding statement, document, authorisation or waiver it receives from a Lender pursuant to paragraph (e) above to the Borrower. (b) If any withholding certificate, withholding statement, document, authorisation or waiver provided to the Agent by a Lender pursuant to paragraph (e) above is or becomes materially inaccurate or incomplete, that nothing Lender shall promptly update it and provide such updated withholding certificate, withholding statement, document, authorisation or waiver to the Agent unless it is unlawful for the Lender to do so (in this paragraph which case the Lender shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicablepromptly notify the Agent). Any information provided The Agent shall provide any such updated withholding certificate, withholding statement, document, authorisation or waiver to the Borrower. (c) The Agent may rely on such IRS Form W-8 any withholding certificate, withholding statement, document, authorisation or W-9 waiver it receives from a Lender pursuant to paragraph (e) or any successor or substitute forms(g) above without further verification. The Agent shall not be treated as confidential information of such party liable for purposes of this paragraphany action taken by it under or in connection with paragraph (e), (f) or (g) above.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallFATCA Relevant Party, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other another FATCA Relevant Party, shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass pass-thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause Section 7.5 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable pass-thru percentage then such party shall be treated for the purposes of any Transaction Document (and payments made thereunder) as if its applicable pass-thru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to a Finance Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by another party to the other PartyFinance Documents: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to any Finance Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Clause 23.9(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly. (ciii) Nothing in this Clause Sub-clause (i) above shall not oblige a any Creditor Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form information required (or equivalent to the information so required) by United States Internal Revenue Service Forms W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraphSub-clause (iii). (iv) If a party to any Finance Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with sub-clause (i) above (including, for the avoidance of doubt, where sub-clause (iii) above applies), then: (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shallconfirms to each other FATCA Relevant Party that it is a FATCA Exempt Party on the date hereof (or in the case of a Transferee Lender, on the date of the Bareboat Charterits Transfer Certificate, except as otherwise described therein) and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.7 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement or the provided information is insufficient under FATCA, then such party shall be treated as if it were a FATCA Non-Exempt Party until such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts. 109 ‌ (e) Upon the reasonable written request of the Borrower, each Lender or transferee that is organized under the laws of a jurisdiction outside the United States (a “Non-U.S. Lender”) shall, if not delivered pursuant to paragraph (a) above, deliver to the Agent and the Borrower a properly completed and duly executed copy of (as applicable) IRS Form W-8BEN-E, W-8ECI or W-8IMY or, upon written request of the Borrower or the Agent, any subsequent versions thereof or successors thereto, in each case claiming such reduced rate (which may be zero) of U.S. Federal withholding tax under Sections 1441 and 1442 of the Code with respect to payments of interest hereunder as such Non-U.S. Lender may properly claim. In addition, in the case of a Non-U.S. Lender claiming exemption from U.S. Federal withholding tax under Section 871(h) or 881(c) of the Code, such Non-U.S. Lender shall, when so requested in writing by the Borrower provide to the Agent and the Borrower in addition to the IRS Form W-8BEN-E required above a certificate representing that such Non-U.S. Lender is not a bank for purposes of Section 881(c) of the Code, is not a 10-percent shareholder (within the meaning of Section 871(h)(3)(B) of the Code) of the Borrower and is not a controlled foreign corporation related to the Borrower (within the meaning of Section 864(d)(4) of the Code), and such Non-U.S. Lender agrees that it shall promptly notify the Agent in the event any representation in such certificate is no longer accurate. In the event that Withholding taxes may be imposed under the laws of any Pertinent Jurisdiction (other than the United States or any political subdivision or taxing jurisdiction thereof or therein) in respect of payments on the Loan or other amounts due under this Agreement and if certain documentation provided by a Lender could reduce or eliminate such Withholding taxes under the laws of such Pertinent Jurisdiction or any treaty to which the Pertinent Jurisdiction is a party, then, upon written request by a Security Party, a Lender that is entitled to an exemption from, or reduction in the amount of, such Withholding tax shall deliver to such Security Party (with a copy to the Agent), at the time or times prescribed by applicable law or promptly after receipt of the Security Party’s request, whichever is later, such properly completed and executed documentation requested by the Security Party, if any, as will permit such payments to be made without withholding or at a reduced rate of withholding; provided that such Lender is legally entitled to complete, execute and deliver such documentation and in such Lender’s reasonable judgment such completion, execution or delivery would not materially prejudice the legal or commercial position of such Lender. Each Lender shall deliver such forms as required in this paragraph (e) within twenty (20) days after receipt of a written request therefor from the Agent or the Security Party. Notwithstanding any other provision of this paragraph (e), a Lender shall not be required to deliver any form pursuant to this paragraph (e) that such Lender is not legally entitled to deliver.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) : confirm to that other party Party whether it is is: a FATCA Exempt Party Party; or is not a FATCA Exempt Party; and (ii) and supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru payment percentage” " or other information required under FATCA the US Treasury Regulations or other official guidance including intergovernmental agreements) as the requesting party that other Party reasonably requests for the purpose purposes of the requesting party’s that other Party's compliance with FATCA. (b) . If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to 13.4(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. . Paragraph (ca) Nothing in this Clause above shall not oblige a any Finance Party to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of of: any law or regulation, any policy of that party, ; any fiduciary duty duty; or any duty of confidentiality, . If a Party fails to confirm its status or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a) above (including, without limitationfor the avoidance of doubt, where paragraph (b) above applies), then: if that Party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such Party shall be treated for the purposes of the Finance Documents as if it is not a FATCA Exempt Party; and if that Party failed to confirm its tax returns applicable "passthru payment percentage" then such Party shall be treated for the purposes of the Finance Documents (and calculations); providedpayments made thereunder) as if its applicable "passthru payment percentage" is 100%, howeveruntil (in each case) such time as the Party in question provides the requested confirmation, forms, documentation or other information. If an Obligor is required to make a FATCA Deduction, that nothing Obligor shall make that FATCA Deduction and any payment required in this connection with that FATCA Deduction within the time allowed and in the minimum amount required by FATCA. If a FATCA Deduction is required to be made by an Obligor, the amount of the payment due from that Obligor shall be increased to an amount which (after making any FATCA Deduction) leaves an amount equal to the payment which would have been due if no FATCA Deduction had been required. The Parent shall promptly upon becoming aware that an Obligor must make a FATCA Deduction (or that there is any change in the rate or the basis of a FATCA Deduction) notify the Agent accordingly. Similarly, a Finance Party shall notify the Agent on becoming so aware in respect of a payment payable to that Finance Party. If the Agent receives such notification from a Finance Party it shall notify the Parent and that Obligor. Within thirty days of making either a FATCA Deduction or any payment required in connection with that FATCA Deduction, the Obligor making that FATCA Deduction or payment shall deliver to the Agent for the Finance Party entitled to the payment evidence reasonably satisfactory to that Finance Party that the FATCA Deduction has been made or (as applicable) any appropriate payment paid to the relevant governmental and taxation authority. Each Finance Party may make any FATCA Deduction it is required by FATCA to make, and any payment required in connection with that FATCA Deduction, and no Finance Party shall be required to increase any payment in respect of which it makes such a FATCA Deduction or otherwise compensate the recipient of the payment for that FATCA Deduction. A Finance Party which becomes aware that it must make a FATCA Deduction in respect of a payment to another Party (or that there is any change in the rate or the basis of such FATCA Deduction) shall notify that Party and the Agent. If the Agent is required to make a FATCA Deduction in respect of a payment to a Finance Party under Clause 30.2 (Distributions by the Agent) which relates to a payment by an Obligor, the amount of the payment due from that Obligor shall be increased to an amount which (after the Agent has made such FATCA Deduction), leaves the Agent with an amount equal to the payment which would have been made by the Agent if no FATCA Deduction had been required. The Agent will not be obliged to pay or advance such amount before actually receiving the increased amount from the relevant Obligor. The Agent shall promptly upon becoming aware that it must make a FATCA Deduction in respect of a payment to a Finance Party under Clause 30.2 (Distributions by the Agent) which relates to a payment by an Obligor (or that there is any change in the rate or the basis of such a FATCA Deduction) notify the relevant Obligor and the relevant Finance Party. An Obligor shall (within three Business Days of demand by the Agent) pay to a Finance Party an amount equal to the loss, liability or cost which that Finance Party determines will be or has been (directly or indirectly) suffered by that Finance Party as a result of another Finance Party making a FATCA Deduction in respect of a payment due to it under a Finance Document. This paragraph shall excuse not apply to the extent a loss, liability or cost is compensated for by an increased payment under paragraph (b) above. A Finance Party from providing making, or intending to make, a trueclaim under paragraph (d) above shall promptly notify the Agent of the FATCA Deduction which will give, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) has given, rise to the claim, following which the Agent shall not be treated as confidential information of such party for purposes of this paragraphnotify the Borrowers.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party, each FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesthe Administrative Agent) such other form or forms (including IRS Form W-8 W-8BEN-E or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru "passthru percentage” " or other information required under FATCA or other official guidance guidance, including any applicable intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 W-8BEN-E or W-9 showing to show that it is a FATCA Exempt Party Party, and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 12.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement, or if the provided information is insufficient under FATCA, then: (i) such party shall be treated as a FATCA Non-Exempt Party; and (ii) if, to the extent relevant, that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shallconfirms to each other FATCA Relevant Party that it is a FATCA Exempt Party on the date hereof (or in the case of a Transferee Lender, on the date of the Bareboat Charterits applicable Transfer Certificate), and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 (including, without limitation, a W-8BEN-E) or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party is subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an applicable IRS Form W-8 (including, without limitation, a W-8BEN-E) or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all such other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Party reasonably promptly. (c) Nothing in this Clause 23.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct applicable IRS Form W-8 (including, without limitation, a W-8BEN-E) or W-9 (or any successor or substitute form where applicable). Any information provided on such aforementioned IRS Form W-8 or W-9 (or any successor or substitute formsform where applicable) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this Agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party, shall: (i) confirm to that other party whether it is is 1) a FATCA Exempt Party Party; or 2) is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FACTA Deduction. (ba) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 to showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (cb) Nothing in this Clause 7.3 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (c) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and; (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party Party reasonably requests for the purpose purposes of the requesting partythat other Party’s compliance with FATCA; and (iii) supply to that other Party such forms, documentation and other information relating to its status as that other Party reasonably requests for the purposes of that other Party's compliance with any other law, regulation, or exchange of information regime. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party shall notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c) Nothing in this Clause Paragraph (a) above shall not oblige a any Creditor Party to do anything anything, and paragraph (a)(iii) above shall not oblige any other Party to do anything, which would or, or might in its reasonable opinion, might opinion constitute a breach of of: (i) any law or regulation, any policy of that party, ; (ii) any fiduciary duty or duty; or (iii) any duty of confidentiality, . (d) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to disclose any confidential supply forms, documentation or other information requested in accordance with paragraph (a)(i) or (ii) above (including, without limitationfor the avoidance of doubt, where paragraph (c) above applies), then such Party shall be treated for the purposes of the Finance Documents (and payments under them) as if it is not a FATCA Exempt Party until such time as the Party in question provides the requested confirmation, forms, documentation or other information. (e) If a Borrower is a US Tax Obligor or the Agent reasonably believes that its tax returns obligations under FATCA or any other applicable law or regulation require it, each Lender shall, within ten Business Days of: (i) where the Borrower is a US Tax Obligor and calculations)the relevant Lender is a Lender as of the Effective Date, the Effective Date; (ii) where the Borrower is a US Tax Obligor on the date of transfer of a Loan and the relevant Lender is a Transferee Lender, the relevant transfer date; providedor (iii) the date of a request from the Agent, howeversupply to the Agent: (A) a withholding certificate on Form W-8, Form W-9 or any other relevant form; or (B) any withholding statement or other document, authorisation or waiver as the Agent may require to certify or establish the status of such Lender under FATCA or that other law or regulation. (a) The Agent shall provide any withholding certificate, withholding statement, document, authorisation or waiver it receives from a Lender pursuant to paragraph (e) above to the Borrowers. (b) If any withholding certificate, withholding statement, document, authorisation or waiver provided to the Agent by a Lender pursuant to paragraph (e) above is or becomes materially inaccurate or incomplete, that nothing Lender shall promptly update it and provide such updated withholding certificate, withholding statement, document, authorisation or waiver to the Agent unless it is unlawful for the Lender to do so (in this paragraph which case the Lender shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicablepromptly notify the Agent). Any information provided The Agent shall provide any such updated withholding certificate, withholding statement, document, authorisation or waiver to the Borrowers. (c) The Agent may rely on such IRS Form W-8 any withholding certificate, withholding statement, document, authorisation or W-9 waiver it receives from a Lender pursuant to paragraph (e) or any successor or substitute forms(g) above without further verification. The Agent shall not be treated as confidential information of such party liable for purposes of this paragraphany action taken by it under or in connection with paragraph (e), (f) or (g) above.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallmust, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another Party: (i) confirm to that other party Party whether it is is: (A) a FATCA Exempt Party or is Party; or (B) not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all that other relevant parties) Party such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or as that other information required under FATCA or Party requests to enable that other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance Party to comply with FATCA. (b) If a Party confirms to any other another Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing pursuant to paragraph (a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be be, a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, Party must notify that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Party reasonably promptly. (c) Nothing in this Clause shall oblige a No Party is obliged to do anything under paragraph (a) or (b) above which would or, or might in its reasonable opinion, might opinion constitute a breach of any applicable: (i) law or regulation, any policy of that party, any ; (ii) fiduciary duty or any duty; or (iii) duty of confidentiality. (d) If a Party fails to confirm whether or not it is a FATCA Exempt Party or to supply forms, documentation or other information relating to its status under FATCA requested in accordance with paragraph (a) above (including where paragraph (c) above applies), then that Party may be treated for the purposes of the Finance Documents (and payments made under them) as if it is not a FATCA Exempt Party until it provides the requested confirmation, forms, documentation or other information. (e) If the Company is a US Tax Obligor and notifies the Facility Agent of that, or the Facility Agent reasonably believes that its obligations under FATCA require it, each Lender must, within ten Business Days of: (i) where the Company is a US Tax Obligor and the relevant Lender is an Original Lender, the date of this Agreement; (ii) where the Company is a US Tax Obligor on a Transfer Date and the relevant Lender is a New Lender, the relevant Transfer Date; or (iii) where the Company is not a US Tax Obligor, the date of a request from the Facility Agent, provide to disclose the Facility Agent: (A) a withholding certificate on Form W-8, Form W-9 or any confidential information other relevant form; or (includingB) any withholding statement or other document, without limitationauthorisation or waiver the Facility Agent may require to certify or establish the Lender's status under FATCA. (f) The Facility Agent must promptly inform each Lender if the Company notifies the Facility Agent that it is a US Tax Obligor and must promptly provide any withholding certificate, its tax returns and calculations); providedwithholding statement, howeverdocument, authorisation or waiver it receives from a Lender pursuant to paragraph (e) above to the Company. (g) If any withholding certificate, withholding statement, document, authorisation or waiver a Lender provides to the Facility Agent pursuant to paragraph (e) above is or becomes materially inaccurate or incomplete, that nothing Lender must promptly update it and provide the updated version to the Facility Agent unless it is unlawful for the Lender to do so (in this paragraph shall excuse a Party from providing a truewhich case, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicablethe Lender must promptly notify the Facility Agent). Any information provided The Facility Agent must promptly provide any updated withholding certificate, withholding statement, document, authorisation or waiver to the Company. (h) The Facility Agent may rely on such IRS Form W-8 any withholding certificate, withholding statement, document, authorisation or W-9 waiver it receives from a Lender pursuant to paragraph (e) or (g) above without further verification. The Facility Agent is not liable for any successor action it takes under or substitute formsin connection with paragraphs (e), (f) shall not be treated as confidential information of such party for purposes of this paragraphor (g) above.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shall, confirms to each other FATCA Relevant Party whether it is or is not a FATCA Exempt Party on the date of the Bareboat Charter, hereof and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party: (i) confirm to that the other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing to show that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.7 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provision of this Agreement or the provided information is insufficient under FATCA then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of the Finance Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each FATCA Relevant Party shallconfirms to each other FATCA Relevant Party that it is a FATCA Exempt Party on the date hereof (or in the case of a Transferee Lender, on the date of the Bareboat Charterits Transfer Certificate, except as otherwise described therein) and thereafter within ten (10) Business Days of a reasonable request by the other Partyanother FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information 109 ‌ SK 26945 0003 10902825 v6 relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 23.7 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement or the provided information is insufficient under FATCA, then such party shall be treated as if it were a FATCA Non-Exempt Party until such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts. (e) Upon the reasonable written request of the Borrower, each Lender or transferee that is organized under the laws of a jurisdiction outside the United States (a “Non-U.S. Lender”) shall, if not delivered pursuant to paragraph (a) above, deliver to the Agent and the Borrower a properly completed and duly executed copy of (as applicable) IRS Form W-8BEN-E, W-8ECI or W-8IMY or, upon written request of the Borrower or the Agent, any subsequent versions thereof or successors thereto, in each case claiming such reduced rate (which may be zero) of U.S. Federal withholding tax under Sections 1441 and 1442 of the Code with respect to payments of interest hereunder as such Non-U.S. Lender may properly claim. In addition, in the case of a Non-U.S. Lender claiming exemption from U.S. Federal withholding tax under Section 871(h) or 881(c) of the Code, such Non-U.S. Lender shall, when so requested in writing by the Borrower provide to the Agent and the Borrower in addition to the IRS Form W-8BEN-E required above a certificate representing that such Non-U.S. Lender is not a bank for purposes of Section 881(c) of the Code, is not a 10-percent shareholder (within the meaning of Section 871(h)(3)(B) of the Code) of the Borrower and is not a controlled foreign corporation related to the Borrower (within the meaning of Section 864(d)(4) of the Code), and such Non-U.S. Lender agrees that it shall promptly notify the Agent in the event any representation in such certificate is no longer accurate. In the event that Withholding taxes may be imposed under the laws of any Pertinent Jurisdiction (other than the United States or any political subdivision or taxing jurisdiction thereof or therein) in respect of payments on the Loan or other amounts due under this Agreement and if certain documentation provided by a Lender could reduce or eliminate such Withholding taxes under the laws of such Pertinent Jurisdiction or any treaty to which the Pertinent Jurisdiction is a party, then, upon written request by a Security Party, a Lender that is entitled to an exemption from, or reduction in the amount of, such Withholding tax shall deliver to such Security Party (with a copy to the Agent), at the time or times prescribed by applicable law or promptly after receipt of the Security 110 ‌ SK 26945 0003 10902825 v6 Party’s request, whichever is later, such properly completed and executed documentation requested by the Security Party, if any, as will permit such payments to be made without withholding or at a reduced rate of withholding; provided that such Lender is legally entitled to complete, execute and deliver such documentation and in such ▇▇▇▇▇▇’s reasonable judgment such completion, execution or delivery would not materially prejudice the legal or commercial position of such Lender. Each Lender shall deliver such forms as required in this paragraph (e) within twenty (20) days after receipt of a written request therefor from the Agent or the Security Party. Notwithstanding any other provision of this paragraph (e), a Lender shall not be required to deliver any form pursuant to this paragraph (e) that such Lender is not legally entitled to deliver.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallFATCA Relevant Party, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other another FATCA Relevant Party, shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass "pass-thru percentage” " or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause Section 7.5 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable pass-thru percentage then such party shall be treated for the purposes of any Transaction Document (and payments made thereunder) as if its applicable pass-thru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other another FATCA Relevant Party, each FATCA Relevant Party shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesthe Administrative Agent) such other form or forms (including IRS Form W-8 W-8BEN-E or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other FATCA Relevant Party that it is a FATCA Exempt Party or provides an IRS Form W-8 W-8BEN-E or W-9 showing to show that it is a FATCA Exempt Party Party, and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, FATCA Relevant Parties reasonably promptly. (c) Nothing in this Clause 12.9 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Agreement, or if the provided information is insufficient under FATCA, then such party shall be treated as a FATCA Non-Exempt Party until such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (a) Subject to paragraph (c) below, each Party shallFATCA Relevant Party, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other PartyBorrowers or the Facility Agent, shall: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Non-Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant partiesFATCA Relevant Parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass pass-thru percentage” or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s compliance with FATCAdetermining whether any payment to such party may be subject to any FATCA Deduction. (b) If a FATCA Relevant Party confirms to any other Party the Borrowers or the Facility Agent that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, Borrowers and the Facility Agent reasonably promptly. (c) Nothing in this Clause Section 7.5 shall oblige a obligate any FATCA Relevant Party to do anything which would or, in its reasonable opinion, might might, constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, provided that nothing in this paragraph shall excuse a any FATCA Relevant Party from providing a true, true complete and correct applicable IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a FATCA Relevant Party fails to confirm its status or to supply forms, documentation or other information requested in accordance the provisions of this agreement or the provided information is insufficient under FATCA, then: (i) such party shall be treated as if it were a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable pass-thru percentage then such party shall be treated for the purposes of any Transaction Document (and payments made thereunder) as if its applicable pass-thru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.

FATCA Information. (ai) Subject to paragraph (ciii) below, each Party party to this Agreement or any Security Document shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Banking Days of a reasonable request by the other Partyanother party to this Agreement or any Security Document: (iA) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (iiB) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute formforms, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “pass thru passthru percentage” or other information required under FATCA the Treasury regulations or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose purposes of the such requesting party’s compliance with FATCA. (bii) If a Party party to this Agreement or any Security Document confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing another party pursuant to Section 11.8(a)(i) above that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all that other relevant parties or provide the relevant revised form, as applicable, party reasonably promptly. (ciii) Nothing in this Clause Subclause (i) above shall not oblige a Party any Creditor to do anything which would or, or might in its reasonable opinion, might opinion constitute a breach of any law or regulation, any policy of that party, any fiduciary duty regulation or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that confidentiality provided nothing in this paragraph subclause (iii) shall excuse a Party any party from providing a true, complete and correct IRS Internal Revenue Service Form W-8 or W-9 (or any successor or substitute form where applicable). Any , and any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) forms shall not be treated as confidential information of such party for purposes of this paragraphsubclause (iii). (iv) If a party to this Agreement or any Security Document fails to confirm its status or to supply forms, documentation or other information requested in accordance with subclause (i) above (including, for the avoidance of doubt, where subclause (iii) above applies), then (A) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Agreement and the Security Documents as if it is not a FATCA Exempt Party; and (B) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Agreement and the Security Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides the requested confirmation, forms, documentation or other information.

FATCA Information. (a) Subject to paragraph (c) below, each Party shall, on the date of the Bareboat Charter, and thereafter within ten (10) Business Days of a reasonable request by the other Party: (i) confirm to that other party whether it is a FATCA Exempt Party or is not a FATCA Exempt Party; and (ii) supply to the requesting party (with a copy to all other relevant parties) such other form or forms (including IRS Form W-8 or Form W-9 or any successor or substitute form, as applicable) and any other documentation and other information relating to its status under FATCA (including its applicable “"pass thru percentage” " or other information required under FATCA or other official guidance including intergovernmental agreements) as the requesting party reasonably requests for the purpose of the requesting party’s 's compliance with FATCA. (b) If a Party confirms to any other Party that it is a FATCA Exempt Party or provides an IRS Form W-8 or W-9 showing that it is a FATCA Exempt Party and it subsequently becomes aware that it is not, or has ceased to be a FATCA Exempt Party, or that the said form provided has ceased to be correct or valid, that party shall so notify all other relevant parties or provide the relevant revised form, as applicable, reasonably promptly. (c) Nothing in this Clause shall oblige a Party to do anything which would or, in its reasonable opinion, might constitute a breach of any law or regulation, any policy of that party, any fiduciary duty or any duty of confidentiality, or to disclose any confidential information (including, without limitation, its tax returns and calculations); provided, however, that nothing in this paragraph shall excuse a Party from providing a true, complete and correct IRS Form W-8 or W-9 (or any successor or substitute form where applicable). Any information provided on such IRS Form W-8 or W-9 (or any successor or substitute forms) shall not be treated as confidential information of such party for purposes of this paragraph. (d) If a Party fails to confirm its status or to supply forms, documentation or other information requested in accordance with the provisions of this Charter or the provided information is insufficient under FATCA, then: (i) if that party failed to confirm whether it is (and/or remains) a FATCA Exempt Party then such party shall be treated for the purposes of this Charter and the Leasing Documents as if it is a FATCA Non-Exempt Party; and (ii) if that party failed to confirm its applicable passthru percentage then such party shall be treated for the purposes of this Charter and the Leasing Documents (and payments made thereunder) as if its applicable passthru percentage is 100%, until (in each case) such time as the party in question provides sufficient confirmation, forms, documentation or other information to establish the relevant facts.