Common use of FATCA Mitigation Clause in Contracts

FATCA Mitigation. Notwithstanding any other provision of this agreement, if a FACTC deduction is or will be required to be made by any party under Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (a) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (b) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this agreementAgreement, if a FACTC deduction FATCA Deduction is or will be required to be made by any party under Clause 23.10 Section 7.6 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ai) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (bii) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Facility Agent and the Borrower Security Borrowers specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s 's interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this agreementAgreement, if a FACTC deduction FATCA Deduction is or will be required to be made by any party under Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ai) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (bii) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this agreementAgreement, if a FACTC deduction FATCA Deduction is or will be required to be made by any party under Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (a) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (b) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this agreement, if a FACTC FATCA deduction is or will be required to be made by any party under Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (a) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (b) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s interest in the Loan.

FATCA Mitigation. (a) Notwithstanding any other provision of this agreementAgreement, if a FACTC deduction FATCA Deduction is or will be required to be made by any party under Clause 23.10 23.8 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ai) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (bii) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this agreementAgreement, if a FACTC deduction FATCA Deduction is or will be required to be made by any party under Clause 23.10 Section 7.4 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ai) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (bii) nominate one or more transferee lenders who upon becoming a Lender would be a FATCA Exempt Party, by notice in writing to the Facility Agent and the Borrower specifying the terms of the proposed transfer, and upon the approval and consent of the Agent and the Borrower, cause such transferee lender(s) to purchase all of the FATCA Non-Exempt Lender’s interest in the Loan.