Common use of FATCA Clause in Contracts

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower it is understood and agreed that the Administrative Agent shall may treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the each Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the each Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) this Agreement the obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, each of the Borrower Administrative Agent and the Administrative Paying Agent shall treat (and the Lenders hereby authorize the Administrative Agent and the Paying Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement Effective DateNovember 14, 2014, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateDate of this Credit Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For the purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the obligations of the Borrower set forth in the Credit Agreement, as modified by this Agreement Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Datedate hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement any Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Regulations Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateJune 3, 2021, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this Agreement the Credit Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement each Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Revolving Credit Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower applicable Borrower, Products and the Administrative Agent shall treat (and the Lenders and L/C Issuers hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement First Amendment Effective Date, the Borrower Applicant and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this Agreement and any Related Document as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateDate of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan Document as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Third Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrower, the Collateral Agent and the Administrative Agent shall treat (and the Lenders hereby authorize the Collateral Agent and the Administrative Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. [Signature Pages Follow]

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Datedate hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement (and the loans provided hereby) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement First Refinancing Facility Agreement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Loan Parties and the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Obligations of the Borrower set forth in the Credit Agreement, as modified by this Agreement Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Second Refinancing Facility Agreement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateDate of the Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Obligations under the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For the purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Credit Agreement as modified hereby as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections 1.1471-Section 1.1471- 2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement and any Loans made thereunder (including any Loans already outstanding) as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize authorizes the Administrative Agent to treat) this the Credit Agreement (together with any loans or other extensions of credit pursuant thereto) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Regulations Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i)).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Eighth Amendment Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).”

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Borrowers, and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Regulations Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, Date the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Second Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Revolving Credit Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Third Amendment and Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Restatement First Amendment Effective Date, the Borrower Company and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Datedate hereof, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower Borrowers and the Administrative Agent shall may treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed taxes under FATCAFATCA (as defined in Exhibit A), from and after the Restatement Amendment No. 5 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Term B-2 Loans as not qualifying as a “grandfathered obligation” obligations within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Agreement, the Borrower Borrowers and the Administrative Agent shall may treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i). (i) (h)

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed taxes under FATCAFATCA (as defined in Exhibit A), from and after the Restatement Amendment No. 7 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Term B-3 Loans as not qualifying as a “grandfathered obligation” obligations within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (“FATCA”), from and after the Restatement Second Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under pursuant to FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Incremental Lenders hereby authorize the Administrative Agent to treat) this Agreement the Additional USD Term Loan Advance as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Second Amendment Effective DateDate (as defined in Amendment No. 2), the Borrower Company and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment No. 8 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement (as amended by Amendment No. 8) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the Restatement Effective Datedate hereof, the Borrower and the Borr▇▇▇▇ ▇▇▇ Administrative Agent shall will treat (and the Lenders hereby authorize the Administrative Agent to treat) the Obligations under this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. (j)

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 68136465_3

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateApril 14, 2022, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement First Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. (i)

FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the Restatement Effective Datedate hereof, the Borrower Loan Parties and the Administrative Agent shall will treat (and the Lenders hereby authorize the Administrative Agent to treat) the Obligations under this Agreement and the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement and all Commitments thereunder as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateOctober 30, the Borrower and 2014, the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).” (vii) Exhibit D is hereby amended by adding “or Form W-8BEN-E, as applicable,” after each instance of “Form W-8BEN”.

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after December 19, 2014 (the Restatement Effective Dateeffective date of the Credit Agreement), the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Fifth Amendment Effective Date, the Borrower Obligors and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).