Common use of FATCA Clause in Contracts

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company or Administrative Agent as may be necessary for Company and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (d), “FATCA” shall include any amendments made to FATCA after the date hereof.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Loan Parties and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company the Loan Parties or the Administrative Agent such documentation prescribed by applicable law Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Loan Parties or the Administrative Agent as may be necessary for Company the Loan Parties and the Administrative Agent to comply with their obligations under FATCA and to determine that whether such Lender has complied with such Lender’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dg), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative the Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by Company the Borrower or Administrative the Agent such documentation prescribed by applicable law Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (de), “FATCA” shall include any amendments made to FATCA after the date hereofClosing Date.

FATCA. If a payment made to a Lender Holder under any Credit Note Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender Holder were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender Holder shall deliver to the Company and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Company or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Company or the Administrative Agent as may be necessary for the Company and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender Holder has complied with such LenderHolder’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (df), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent such documentation prescribed by applicable law Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dg), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative the Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by Company the Borrower or Administrative the Agent such documentation prescribed by applicable law Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender Xxxxxx has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (de), “FATCA” shall include any amendments made to FATCA after the date hereofClosing Date.

FATCA. If a payment made to a Lender under any Credit Facility Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative Agent Agent, at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or Administrative Agent Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative Agent as may be necessary for Company and the Borrower or Administrative Agent to comply with their its obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause paragraph (diii), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause paragraph (dc), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company Borrowers and Administrative the Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by Company Borrowers or Administrative the Agent such documentation prescribed by applicable law Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company Borrowers or Administrative the Agent as may be necessary for Company Borrowers and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s 's obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause paragraph (d)8), “"FATCA” " shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company or Administrative Agent as may be necessary for Company and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender Lxxxxx has complied with such LenderLxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (d), “FATCA” shall include any amendments made to FATCA after the date hereof.

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company or Administrative Agent as may be necessary for Company and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (d), “FATCA” shall include any amendments made to FATCA after the date hereof.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company Borrower and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company Borrower or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company Borrower or Administrative Agent as may be necessary for Company Borrower and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such LenderXxxxxx’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (d), “FATCA” shall include any amendments made to FATCA after the date hereof.of

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Loan Parties and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company the Loan Parties or the Administrative Agent such documentation prescribed by applicable law Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Loan Parties or the Administrative Agent as may be necessary for Company the Loan Parties and the Administrative Agent to comply with their obligations under FATCA and to determine that whether such Lender Xxxxxx has complied with such LenderXxxxxx’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dg), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative the Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or Administrative the Agent such documentation prescribed by applicable law Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (df), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender or Agent under any Credit Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender or Agent were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender or Agent shall deliver to Company and to Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company or Administrative Agent as may be necessary for Company and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender or Agent has complied with such LenderPerson’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dSection 2.20(g), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative Agent the Agent, at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or Administrative Agent the Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such LenderLxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence purpose of this clause (dSection 2.13(f), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dD), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a any Lender under any Credit Loan Document would be subject to U.S. federal United States Federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company Borrower and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company Borrower or Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company Borrower or Administrative Agent as may be necessary for Company Borrower and Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dSection 2.15(f), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the relevant Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the relevant Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company such Borrower or the Administrative Agent as may be necessary for Company such Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (df), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent such documentation prescribed by applicable law Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dD), “FATCA” shall include any amendments made to FATCA after the date hereof.of this Agreement. Revolving Credit Agreement

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company as the Borrower or the Administrative Agent reasonably requests such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dg), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative Agent the Agent, at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or Administrative Agent the Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence purpose of this clause (dSection 2.13(f), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender hereunder or under any Credit Document the Notes would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to the Company and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Company or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Company or the Administrative Agent as may be necessary for the Company and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dSection 3.11(g), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a any Lender under any Credit Document would be subject to U.S. United States federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Tax Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative Agent Agent, at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Tax Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company and the Borrower or the Administrative Agent to comply with their obligations under FATCA and FATCA, to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dSection 10.3(i), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a any Agent or any Lender under any Credit Document hereunder would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender payee were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender payee shall deliver to Company and Administrative Agent the Borrower at the time or times prescribed by law and at such time or times reasonably requested by Company or Administrative Agent the Borrower, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company or Administrative Agent the Borrower as may be necessary for Company and Administrative Agent the Borrower to comply with their its obligations under FATCA and to determine that such Lender payee has complied with such Lenderpayee’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 13.3, the preceding sentence of this clause (d), term “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and Administrative the Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or Administrative the Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or Administrative the Agent as may be necessary for Company the Borrower and Administrative the Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (de), “FATCA” shall include any amendments made to FATCA after the date hereofClosing Date.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by Company as the Borrower or the Administrative Agent reasonably requests such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dg), “FATCA” shall include any amendments made to FATCA after the date hereof.of this Agreement. Senior Secured Credit Agreement

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal United States Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to Company the Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by Company the Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by Company the Borrower or the Administrative Agent as may be necessary for Company the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this clause (dSection 2.17(f), “FATCA” shall include any amendments made to FATCA after the date hereofof this Agreement.