Common use of FATCA Reporting Clause in Contracts

FATCA Reporting. Without limiting any of Section 10.1(d) or 10.1(e) hereof, if a Lender would be subject to United States federal withholding taxes imposed by FATCA on payments made pursuant to the Loan Documents or the Obligations and such Lender fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall provide such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower or the Administrative Agent to comply with their obligations under FATCA, to determine that such Lender has complied with such Lender’s obligations under FATCA, or to determine the amount to deduct and withhold from any such payments under FATCA. The Borrower and each of its Subsidiaries shall timely provide such information reasonably requested by the Administrative Agent or any Lender that may be necessary to comply with its information collection or reporting obligations under FATCA.

Appears in 2 contracts

Sources: Credit Agreement (Granite City Food & Brewery Ltd.), Credit Agreement (Granite City Food & Brewery LTD)

FATCA Reporting. Without limiting any of Section 10.1(d) or 10.1(e) hereof, if If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal withholding taxes Tax imposed by FATCA on payments made pursuant to the Loan Documents or the Obligations and if such Lender fails were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall provide deliver to the Borrower and the Administrative Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Administrative Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower or and the Administrative Agent to comply with their obligations under FATCA, FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA, FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (d), “FATCA” shall include any such payments under FATCA. The Borrower and each amendments made to FATCA after the date of its Subsidiaries shall timely provide such information reasonably requested by the Administrative Agent or any Lender that may be necessary to comply with its information collection or reporting obligations under FATCAthis Agreement.

Appears in 1 contract

Sources: Credit Agreement (Trade Street Residential, Inc.)