Common use of FATCA Clause in Contracts

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Closing Date, each Borrower and the Administrative Agent 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 obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans this Credit Agreement as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

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

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

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

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

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

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement First Amendment Effective Date, the Applicant and the Administrative Agent 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 obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(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) the Loans Credit Agreement as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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 loans provided hereby) as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans this Agreement as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i)).

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Amendment No. 1 Effective Date, the Borrower and the Administrative Agent 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 “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(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) the Loans this Agreement as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the Second 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) the Loans Loan as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.14711.471-2(b)(2)(i).

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement 2016 Term B Refinancing Effective Date, the Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and any Loan Document as not qualifying as a “grandfathered obligations” obligation" within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the Second Restatement Effective Closing Date, the Loan Parties and Administrative Agent 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 obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans Loan as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

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

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

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

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) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. (j)

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective First Amendment Date, the Administrative Borrowers and Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i)2(b)(2)(i).[Reserved].

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

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

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

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

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

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

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

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

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

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

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Datedate hereof, the Borrower and the Administrative Agent 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 obligationsobligation” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second 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) the Loans as not qualifying as “a "grandfathered obligations” obligation" within the meaning of Treasury Regulation Section 1.1471-2(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 Borrower and the Administrative Agent to treat) the Credit Agreement and the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Date, the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(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 Agent, the Account Bank, the Backup Servicer, the Collateral Agent, the Collateral Custodian and the Collateral Administrator to treat) the Loans as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Amendment No. 2 Effective Date, the Administrative Borrowers and Agent shall treat (and the Revolving Lenders hereby authorize the Administrative Agent to treat) the Revolving Loans and Revolving Commitments, as not qualifying as a “grandfathered obligationsobligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Restatement Effective Closing Date, the Administrative Borrowers and the Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including any such Loans already outstanding) as not qualifying as “"grandfathered obligations” " within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

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