Common use of FATCA Clause in Contracts

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

FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Closing DateNovember 14, each Borrower 2014, the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Restatement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Datedate hereof, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents any Loans 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each Borrower the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Revolving Credit 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 FATCA, from and after the Closing DateEffective Date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Document 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Restatement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer Banks hereby authorize the Administrative Agent to treat) the obligations under the Loan Credit Documents 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 FATCA, from and after the Closing Restatement Date, each Borrower the applicable Borrower, Products and the Administrative Agent shall treat (and the Lenders and the L/C Issuer Issuers hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each Borrower the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each Effective Date the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 taxes imposed under FATCA, from and after the Closing Restatement Effective Date, each Borrower the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents this Agreement 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents this 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 FATCA, from and after the Closing Amendment No. 1 Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Credit Agreement and any Loans made thereunder (including any Loans already outstanding) as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Datedate hereof, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) this Agreement (and the obligations under the Loan Documents loans provided hereby) 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Loan Parties and the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing First Refinancing Facility Agreement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing DateEffective Date of the Amendment, each Borrower the Loan Parties and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations Obligations under the Loan Documents 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 FATCA, from and after the Closing Second Refinancing Facility Agreement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of this Amendment, each Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each Borrower Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Agreement and all Commitments thereunder 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 FATCA, from and after the Closing Restatement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Restated 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 FATCA, from and after the Closing Signing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer Banks hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Loan Parties and the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Loans (including any such Loans already outstanding) as not qualifying as a “"grandfathered obligation” 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 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 obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each Borrower the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. Conformed Copy

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Dateeffective date of this Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, FATCA from and after the Closing Datedate hereof, each Borrower Loan Parties and the Administrative Agent shall will treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations Obligations under this Agreement and the Loan Documents 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 FATCA, from and after June 18, 2015, the Closing Date, each Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) this Agreement and the obligations under the Loan Documents Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the 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 obligations under the Loan Documents Tranche B-6 Term 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 the purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Dateeffective date of this Consent, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under of the Loan Documents Borrower set forth in the Credit Agreement, as modified by this Consent, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after November 10, 2015, the 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 obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 taxes under FATCAFATCA (as defined in Exhibit A), from and after the Closing Amendment No. 5 Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Term B-2 Loans as not qualifying as a “grandfathered obligation” 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 Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Borrower and the Administrative Agent to treat) the obligations under Credit Agreement and the Loan Documents 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 FATCA, from and after the Closing Restatement Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents this Agreement as not qualifying as a “grandfathered obligation” 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, from and after the Closing Second Restatement Effective 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 obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer 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 obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of this Agreement, each Borrower the Company and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Borrower and the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after December 19, 2014 (the Closing Dateeffective date of the Credit Agreement), each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer Lender hereby authorize authorizes the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Restatement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Credit Agreement (as modified and supplemented hereby) 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 FATCA, from and after the Closing Restatement Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing 2016 Term B Refinancing Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loans and any Loan Documents Document 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 FATCA, from and after the Closing Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Effective Date, each Borrower the Loan Parties and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) this Agreement and the obligations under the Loan Documents Loans as not qualifying as a “grandfathered obligationobligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.1471-2T(b)(2)(i).

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

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, FATCA from and after the Closing Datedate hereof, each Borrower and the Borrxxxx xxx Administrative Agent shall will treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations Obligations under the Loan Documents 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 FATCA, from and after the 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 obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).. (f)

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

FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Closing Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Dateeffective date of the Amendment, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, from and after the Closing Restatement Effective Date, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents Loans as not qualifying as a “grandfathered obligation” 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 Closing DateEffective Date of this Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer Banks hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, FATCA from and after the Closing Datedate hereof, each Borrower and the Administrative Agent shall will treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations Obligations under the Loan Documents 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 taxes imposed under FATCA, from and after the Closing Effective Date, each Borrower the Borrowers and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents 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 FATCA, FATCA from and after the Closing Dateeffective date of this Agreement, each the Borrower and the Administrative Agent shall treat (and the Lenders and the L/C Issuer hereby authorize the Administrative Agent to treat) the obligations under the Loan Documents as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.14711.471-2(b)(2)(i).