FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood and agreed that the Administrative Agent may treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 19 contracts
Sources: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentRestatement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 19 contracts
Sources: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Aes Corp), Term Loan Credit Agreement (Entergy New Orleans, LLC)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 12 contracts
Sources: Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) the Loans Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 9 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
FATCA. For Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 8 contracts
Sources: Credit Agreement, Credit Agreement, Credit Agreement (Staples Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentSecond Restatement Effective Date, it is understood and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 7 contracts
Sources: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 6 contracts
Sources: Limited Waiver and Amendment to Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood each Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 6 contracts
Sources: Credit Agreement (Quaker Chemical Corp), Credit Agreement (Quaker Chemical Corp), Credit Agreement (Quaker Chemical Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood each Borrower and agreed that the Administrative Agent may shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the Loans obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 6 contracts
Sources: Credit Agreement (Constellium Se), Credit Agreement (Constellium Se), Credit Agreement (Constellium Se)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Term Loan Agreement, Term Loan Agreement (Abbott Laboratories), Term Loan Agreement (Abbott Laboratories)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (BBX Capital Corp), Credit Agreement (Bluegreen Vacations Corp), Credit Agreement (Hain Celestial Group Inc)
FATCA. For the purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans obligations of the Borrower set forth in the Credit Agreement, as modified by this Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood and agreed that each of the Administrative Agent may and the Paying Agent shall treat (and the Lenders hereby authorize the Administrative Agent and the Paying Agent to treat) the Loans Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentNovember 14, it is understood 2014, the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date Effective Date of this AmendmentCredit Agreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 5 contracts
Sources: Assignment, Acceptance and Amendment No. 5 to Amended and Restated Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.), Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.), Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) the Loans Credit Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (EVO Payments, Inc.), Credit Agreement (EVO Payments, Inc.), Credit Agreement (Raymond James Financial Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Revolving Credit Facility Agreement (Knowles Corp), Second Amendment (Jack in the Box Inc /New/), Credit Agreement (Knowles Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentRestatement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Microchip Technology Inc), Credit Agreement (Microchip Technology Inc), Amendment and Restatement Agreement (Analog Devices Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans each Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Lilis Energy, Inc.), Credit Agreement (Gastar Exploration Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after June 3, 2021, the effective date of this Amendment, it is understood Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 4 contracts
Sources: Term Loan Agreement (Aes Corp), Term Loan Agreement (Aes Corp), Credit Agreement (Aes Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendmenthereof, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the any Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Calix, Inc), Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (E.W. SCRIPPS Co), Credit Agreement (Aerojet Rocketdyne Holdings, Inc.), Credit Agreement (Piedmont Natural Gas Co Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentRestatement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Ugi Corp /Pa/)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Lifelock, Inc.), Credit Agreement (Total System Services Inc), Credit Agreement (Total System Services Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentFirst Amendment Effective Date, it is understood the Applicant and agreed that the Administrative Agent may shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) the Loans this Agreement and any Related Document as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Reimbursement Agreement (South Jersey Industries Inc), Reimbursement Agreement (South Jersey Industries Inc), Reimbursement Agreement (South Jersey Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date Effective Date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Loan Document as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Revolving Credit Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentRestatement Date, it is understood the applicable Borrower, Products and agreed that the Administrative Agent may shall treat (and the Lenders and L/C Issuers hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), Restatement Agreement (Rayonier Advanced Materials Inc.)
FATCA. For purposes of determining U.S. withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Term Loan Credit Agreement (Tech Data Corp), Term Loan Credit Agreement (Tech Data Corp), Revolving Credit Agreement (Tech Data Corp)
FATCA. For Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment No. 1 Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Lam Research Corp), Term Loan Agreement (Lam Research Corp), Credit Agreement (Lam Research Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Consent Agreement (LyondellBasell Industries N.V.), Consent Agreement (LyondellBasell Industries N.V.), Consent Agreement (LyondellBasell Industries N.V.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Triangle Petroleum Corp), Forbearance and Amendment to Credit Agreement (Triangle Petroleum Corp), Commitment Increase and Extension Agreement (EnLink Midstream Partners, LP)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Engility Holdings, Inc.), First Lien Credit Agreement (Engility Holdings, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Section 1.1471-1.1471- 2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize authorizes the Administrative Agent to treat) the Loans 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 Regulations Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Lear Corp), Credit Agreement (Dr Pepper Snapple Group, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendmentthe Agreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Loan Parties and the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Helix Energy Solutions Group Inc), Credit Agreement (Helix Energy Solutions Group Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentFirst Refinancing Facility Agreement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Refinancing Facility Agreement (SVMK Inc.), Refinancing Facility Agreement (SVMK Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrowers, and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Destination Xl Group, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Term Loan Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: 364 Day Senior Secured Bridge Credit Agreement (Microchip Technology Inc), Credit Agreement (Sensient Technologies Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i)).
Appears in 2 contracts
Sources: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Harvard Bioscience Inc)
FATCA. For Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment No. 1 Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) 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 Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Second Lien Credit Agreement (RCS Capital Corp), First Lien Credit Agreement (RCS Capital Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentThird Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) the Loans Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentSecond Refinancing Facility Agreement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Amendment Agreement (Momentive Global Inc.), Credit Agreement (SVMK Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood Effective Date the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Masimo Corp), Loan Agreement (Cheesecake Factory Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentSecond Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Revolving Credit Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Incremental Term Loan Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Omnibus Amendment Agreement (Peabody Energy Corp), Omnibus Amendment Agreement (Peabody Energy Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEighth Amendment Effective Date, it is understood Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).”
Appears in 2 contracts
Sources: Credit Agreement (U.S. Auto Parts Network, Inc.), Credit Agreement (U.S. Auto Parts Network, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendmenthereof, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement (and the Loans loans provided hereby) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co)
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentThird Amendment and Restatement Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Schnitzer Steel Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. [Signature Pages Follow]
Appears in 2 contracts
Sources: Credit Agreement (TUTOR PERINI Corp), Term Loan Credit Agreement (Belden Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans Credit Agreement as modified hereby as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Jack in the Box Inc /New/), Fifth Amendment (Jack in the Box Inc /New/)
FATCA. For the purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Matador Resources Co), Credit Agreement (Matador Resources Co)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrower, the Collateral Agent and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Collateral Agent and the Administrative Agent to treat) the Loans Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Loan Financing and Servicing Agreement (FS Investment Corp II), Loan Financing and Servicing Agreement
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Five Year Credit Agreement (Metlife Inc), Five Year Credit Agreement (Metlife Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (JP Energy Partners LP), Credit Agreement
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (McGrath Rentcorp), Credit Agreement (Adobe Systems Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date Effective Date of this the Amendment, it is understood the Loan Parties and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations under the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Athenahealth Inc), Credit Agreement (Athenahealth Inc)
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentRestatement Effective Date, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Integra Lifesciences Holdings Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations of the Borrower set forth in the Credit Agreement, as modified by this Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (McClatchy Co), Credit Agreement (McClatchy Co)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Loan Parties and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Rogers Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), FATCA from and after the effective date of this AmendmentClosing Date, it is understood Loan Parties and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations under this Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Azz Inc)
FATCA. For the purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentConsent, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans obligations of the Borrower set forth in the Credit Agreement, as modified by this Consent, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (RigNet, Inc.)
FATCA. For purposes of determining withholding Taxes imposed taxes under the Foreign Account Tax Compliance Act FATCA (FATCAas defined in Exhibit A), from and after the effective date of this AmendmentSeventh Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the 2024 Refinancing Term Loans as not qualifying as a “grandfathered obligation” obligations within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after November 10, 2015, the effective date of this Amendment, it is understood Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentSecond Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Unum Group)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Griffon Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. [Signature Pages Follow]
Appears in 1 contract
Sources: Credit Agreement (Belden Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to CHL:93618.6 treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood Closing Date the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Masimo Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment No. 8 Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement (as amended by Amendment No. 8) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (TransUnion)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (“FATCA”), from and after the effective date of this AmendmentSecond Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Equinix Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Universal Health Realty Income Trust)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentSecond Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendmenthereof, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the any Loans as not qualifying 4894-8247-74844903-2775-7170 v.911 as a “grandfathered obligation” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (AMC Networks Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentClosing Date, it is understood the Company and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). 44 CREDIT AGREEMENT ANALOG DEVICES, INC.
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentFifth Amendment Effective Date, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Dynegy Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAmendment No. 7 Effective Date, it is understood the Loan Parties and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent administrative agent to treat) treat the Loans Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Cott Corp /Cn/)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Borrower and the Administrative Agent to treat) the Credit Agreement and the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. ·l
Appears in 1 contract
Sources: Credit Agreement (CST Brands, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), FATCA from and after the effective date of this Amendmenthereof, it is understood and agreed that the Borr▇▇▇▇ ▇▇▇ Administrative Agent may will treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations under this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEffective Date, it is understood the Borrowers and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Sources: Abl Credit Agreement (Veritiv Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after June 26, 2015, the effective date of this Amendment, it is understood Borrower and agreed that the Administrative Agent may shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) the Loans this Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
1.10 Section 11.8 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentIncremental Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Tranche B-2 Term Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Incremental Commitment Agreement (KAR Auction Services, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement and the Loans Credit Agreement as modified hereby as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. [Signature Pages Follow]
Appears in 1 contract
Sources: Credit Agreement
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this the Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this AmendmentEleventh Amendment Effective Date, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract