Common use of FATCA Clause in 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 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).

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).

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).

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).

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).

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). [Remainder of page is intentionally left blank; signature pages follow.]

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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). [Signature pages follow.]

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).

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).

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).

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).

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).

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).

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).

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).

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. 5 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).”

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 Loan as not qualifying as a “grandfathered obligation” 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 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).

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).

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 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 1.1471-1.1471- 2(b)(2)(i).. 3.3

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).. 68186109_3 Execution Version

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 treat) the Loans as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i). [Signature pages follow.]

FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (pursuant to 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 Incremental Lenders hereby authorize the Administrative Agent to treat) the Loans Additional USD Term Loan Advance as not qualifying as a “grandfathered obligation” 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 effective date of this AmendmentAgreement, it is understood the Borrower and agreed that the Administrative Agent may shall, to the extent permissible under applicable law, 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).. 69623377_3

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).

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 Parent 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).

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 Incremental Lenders hereby authorize the Administrative Agent to treat) the Loans under the Credit Agreement as not qualifying as a “grandfathered obligation” 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 effective date of this Amendment, it is understood the Borrower and agreed that the Administrative Agent may shall treat (and the Lenders Lender hereby authorize authorizes 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).

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 86678630_4 to treat) the Loans as not qualifying as a “grandfathered obligation” 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 effective date of this AmendmentFourth 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).

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).

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).

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).

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).

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).. 3.02

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).

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 Required Lenders hereby authorize the Administrative Agent to treat) the Loans Credit Agreement (including this Amendment) as not qualifying as a “grandfathered obligation” 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 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). [Signature pages follow.]

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 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 Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i2(b)(i).

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 as not qualifying as a “grandfathered obligation” 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 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 this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. 66

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).

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).. 68136465_3

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).

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). [Signature pages follow.]