Common use of FATCA Mitigation Clause in Contracts

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 Clause 23.8 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ia) transfer its entire interest in the Loan to a U.S. branch or Affiliateaffiliate, or (iib) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇Lender’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ia) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (iib) 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 Borrowers specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 Clause 23.8 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ia) transfer its entire interest in the Loan to a U.S. branch or Affiliateaffiliate, or (iib) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 8.6 (FATCA Withholding) in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇L▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 7.6 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇Lender’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 Clause 23.10 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section Clause 7.4 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (ia) transfer its entire interest in the Loan Facility to a U.S. branch or Affiliate, or (iib) 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 Borrowers specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇Lender’s interest in the LoanFacility.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan to a U.S. branch or Affiliate, or (ii) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇’s interest in the Loan.

FATCA Mitigation. Notwithstanding any other provision of this Agreement, if a FATCA Deduction is or will be required to be made by any party under Section 7.4 8.6 (FATCA Withholding) in respect of a payment to any FATCA Non-Exempt Lender, the FATCA Non-Exempt Lender may either: (i) transfer its entire interest in the Loan Loans to a U.S. branch or Affiliate, or (ii) 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 Borrowers Borrower specifying the terms of the proposed transfer, and cause such transferee lender(s) to purchase all of the FATCA Non- Non-Exempt ▇▇▇▇▇▇Lender’s interest in the LoanLoans.