Common use of FATCA Clause in Contracts

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 9 contracts

Sources: Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Di), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 6 contracts

Sources: Asset Based Revolving Credit Agreement (Container Store Group, Inc.), Transaction Support Agreement (Container Store Group, Inc.), Senior Secured Superpriority Debtor in Possession Asset Based Revolving Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such Lender’s obligations under FATCA or and, as necessary, to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (DSection 3.01(h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 5 contracts

Sources: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 3.11(h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 5 contracts

Sources: Credit Agreement (Hormel Foods Corp /De/), Term Loan Agreement (Hormel Foods Corp /De/), Credit Agreement

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (DSection 5.03(f)(ii)(D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 4 contracts

Sources: Credit Agreement (BKV Corp), Credit Agreement (Prairie Operating Co.), Credit Agreement (Prairie Operating Co.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 the Borrower or the Administrative Agent as may be necessary for 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 this clause paragraph (Dv), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 4 contracts

Sources: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co), Credit Agreement (Jones Financial Companies LLLP)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 required to deduct be deducted and withhold withheld from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Sanchez Midstream Partners LP), Credit Agreement (Sanchez Production Partners LP), Credit Agreement

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal withholding Tax imposed by FATCA if such the 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 Code, as applicable), such the Lender shall deliver to the Borrower and the Administrative Agent and Borrower, at the time or times prescribed by Law law and at such other time or times reasonably requested by the Borrower or the Administrative Agent such or Borrower, the documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such the additional documentation reasonably requested by the Borrower or the Administrative Agent or Borrower as may be necessary for the Borrower and the Administrative Agent or Borrower to comply with their its obligations under FATCA and FATCA, to determine that such the Lender has or has not complied with such the Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such the payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (DSection 2.17(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by as the Borrower or the Administrative Agent reasonably requests such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Lending Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause paragraph (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Senior Secured Term Loan Credit Agreement (American Capital, LTD), Senior Secured Term Loan Credit Agreement (American Capital, LTD), Senior Secured Revolving Credit Agreement (American Capital, LTD)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to United States 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 Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company 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 the Borrower Company or the Administrative Agent as may be necessary for the Borrower 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 (Dd), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

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

Appears in 3 contracts

Sources: Senior Secured, Super Priority Debtor in Possession Credit Agreement (B. Riley Financial, Inc.), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc)

FATCA. If a payment made to a Lender under any the Loan Document Documents would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Law Laws (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 3.01(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Third Amendment and Restatement Agreement (Targa Resources Partners LP), Second Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Partners LP)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Sanchez Energy Corp), Credit Agreement (Sanchez Energy Corp), Credit Agreement (Contango Oil & Gas Co)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Southeast Airport Group), Credit and Guaranty Agreement (Southeast Airport Group)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower Loan Parties and the Administrative Agent to comply with their obligations under FATCA and to determine that whether such Lender L▇▇▇▇▇ has complied with such LenderL▇▇▇▇▇’s obligations under FATCA or to determine the amount amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Container Store Group, Inc.), Senior Secured Super Priority Priming Debtor in Possession Term Loan Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (De), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

Appears in 2 contracts

Sources: Revolving Credit Facility (Nordstrom Inc), Revolving Credit Facility (Nordstrom Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 section 1471(b) or section 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (DSection 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Berry Corp (Bry)), Senior Secured Term Loan Credit Agreement (Berry Corp (Bry))

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not 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 this clause (DSection 2.17(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States federal U.S. Federal withholding Tax tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and or the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its 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 any such paymentpayments. Solely for For purposes of this clause (DSection 5.03(i), “FATCA” FATCA shall include any amendments made to FATCA after the date regulations or official interpretations of this AgreementFATCA.

Appears in 2 contracts

Sources: Credit Agreement (Northern Oil & Gas, Inc.), Credit Agreement (Northern Oil & Gas, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 the Borrower or the Administrative Agent as may be necessary for 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 this clause paragraph (Dc), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

Appears in 2 contracts

Sources: Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Agreement (Resource Capital Corp.), Senior Secured Revolving Credit Agreement (Resource Capital Corp.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (De), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

Appears in 2 contracts

Sources: Revolving Credit Facility (Nordstrom Inc), Revolving Credit Facility (Nordstrom Inc)

FATCA. If a payment made to a Lender Holder under any Loan Note Document would be subject to United States 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 Code, as applicable), such Lender Holder shall deliver to the Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Company or the Administrative Agent as may be necessary for the Borrower 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal withholding Tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their its obligations under FATCA and FATCA, 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 this clause (DSection 5.03(g), "FATCA" shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (HighPeak Energy, Inc.)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.Solely

Appears in 2 contracts

Sources: Multicurrency Credit Agreement, Credit Agreement (Jones Lang Lasalle Inc)

FATCA. If a payment made to a Lender under any Loan Facility Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the 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 this clause paragraph (Diii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Revolving Loan Agreement (CURO Group Holdings Corp.), Revolving Loan Agreement (CURO Group Holdings Corp.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 3.5(f)(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Term Loan Agreement (Allete Inc), Term Loan Agreement (Allete Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Administrative Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Administrative Borrower or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Administrative Borrower or the Administrative Agent as may be necessary for the Administrative 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 this clause (D)Section 16.5 , “FATCA” FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (EGAIN Corp), Credit Agreement (EGAIN Corp)

FATCA. If a payment made to a any Agent or any Lender under any Loan Document hereunder would be subject to United States 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 the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Borrower, 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 the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent 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 clause (D)Section 13.3, the term “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit and Security Agreement (Quest Diagnostics Inc), Credit and Security Agreement (Quest Diagnostics Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause subsection (De)(ii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Borrowers and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Borrowers or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Borrowers or the Administrative Agent as may be necessary for the Borrower Borrowers 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Sanchez Energy Corp), Credit Agreement (Sanchez Energy Corp)

FATCA. If a payment made to a Lender hereunder or under any Loan Document the Notes would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 3.11(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Term Loan Agreement, Credit Agreement (Grainger W W Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause paragraph (Dc), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not 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 this clause (DSection 2.17(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law applicable law and otherwise at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause paragraph (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (LivaNova PLC), Intercreditor Agreement (LivaNova PLC)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such Lender’s L▇▇▇▇▇’▇ obligations under FATCA or and, as necessary, to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D)Section 4.1.7, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.15(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Sources: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or and the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or and the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (TAL International Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (De), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

Appears in 1 contract

Sources: Revolving Credit Facility (Nordstrom Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 5.03(f), “FATCA” shall will include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Plains Exploration & Production Co)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Rex Energy Corp)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to United States 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 Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company 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 the Borrower Company or the Administrative Agent as may be necessary for the Borrower Company and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender L▇▇▇▇▇ has complied with such LenderL▇▇▇▇▇’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 of this Agreementhereof.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.7.4(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (OPAL Fuels Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Apollo Investment Corp)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the each Co-Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the such Co-Borrower or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the such Co-Borrower or the Administrative Agent as may be necessary for the such Co-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 this clause (DSection 2.6.4(f), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Di), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.. ​

Appears in 1 contract

Sources: Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 required to deduct be deducted and withhold withheld from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Evolve Transition Infrastructure LP)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 required to deduct be deducted and withhold withheld from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Evolve Transition Infrastructure LP)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Term Loan Agreement (Smithfield Foods Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Borrowers or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Borrowers or the Administrative Agent as may be necessary for the Borrower Borrowers 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Second Lien Term Credit Agreement (Sanchez Energy Corp)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to United States 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 Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company 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 the Borrower Company or the Administrative Agent as may be necessary for the Borrower 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 (Dd), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Electra Battery Materials Corp)

FATCA. If a payment made to a Lender under any Loan Document hereunder would be subject to United States federal withholding Tax Taxes 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D7), “FATCA” shall include any amendments made to FATCA after the date of this Agreementagreement.

Appears in 1 contract

Sources: Credit Agreement (Macdonald Dettwiler & Associates LTD)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 the purposes of this the clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (South Jersey Industries Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Lead Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Lead Borrower or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Lead Borrower or the Administrative Agent as may be necessary for the Lead 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Rue21, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this AgreementEffective Date.

Appears in 1 contract

Sources: Credit Agreement (Magnum Hunter Resources Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Di), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Alaska Communications Systems Group Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the relevant Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the relevant Borrower or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the such Borrower or the Administrative Agent as may be necessary for the 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (NYSE Euronext)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States federal U.S. Federal withholding Tax tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and or the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its obligations under FATCA and FATCA, 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 any such paymentpayments. Solely for For purposes of this clause (DSection 5.03(g), “FATCA” FATCA shall include any amendments made to FATCA after the date regulations or official interpretations of this AgreementFATCA.

Appears in 1 contract

Sources: Credit Agreement (Synergy Resources Corp)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to 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 the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.20(h), “FATCA” shall include any amendments made to FATCA after the date Closing Date that are not already included in the definition of this Agreement“FATCA”.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Solera Holdings, Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal withholding Tax Taxes 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 's obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “Section 7.3(g) "FATCA" shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (PRECISION DRILLING Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.. - 56-

Appears in 1 contract

Sources: Credit Agreement (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States federal U.S. Federal withholding Tax tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower or and the Administrative Agent Agent, such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their its 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 this clause (Dh), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (PostRock Energy Corp)

FATCA. If a payment made to a Lender or Agent under any Loan Credit Document would be subject to 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 the Borrower Company and the to Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company 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 the Borrower Company or the Administrative Agent as may be necessary for the Borrower Company and the 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 this clause (DSection 2.20(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Covanta Holding Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.KE 84627654

Appears in 1 contract

Sources: Credit and Guaranty Agreement (OPAL Fuels Inc.)

FATCA. If a payment made to a Lender under any Loan Document hereunder would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Leggett & Platt Inc)

FATCA. If a payment made to a Lender under any Loan Document hereunder would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such Lender’s obligations under FATCA or and, as necessary, to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (DSection 8.05(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Marathon Oil Corp)

FATCA. If a payment made to a Lender hereunder or under any Loan Document the Notes would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company or the Administrative Agent such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Company or the Administrative Agent as may be necessary for the Borrower 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 this clause (DSection 3.11(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Grainger W W Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 5.03(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (EV Energy Partners, LP)

FATCA. If a payment made to a any Lender under any Loan Document would be subject to 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 Tax Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Tax Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and 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 this clause (DSection 10.3(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (Mohawk Industries Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal deduction or 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D)Section 3.7, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Loan Agreement (BioAmber Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 's obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (DSection 2.17(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (South Jersey Industries Inc)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 the Borrower or the Administrative Agent as may be necessary for 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Senior Secured Superpriority Debtor in Possession Financing Agreement (Gritstone Bio, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.17(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Term Loan Credit Agreement (South Jersey Industries Inc)

FATCA. If a payment made to a Lender under any Loan Credit Document would be subject to United States 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 Borrower Company and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower Company 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 the Borrower Company or the Administrative Agent as may be necessary for the Borrower 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 this clause (Dd), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (P10, Inc.)

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

Appears in 1 contract

Sources: First Lien Credit Agreement (CURO Group Holdings Corp.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal withholding Tax Taxes imposed by FATCA 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 Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 the Borrower or the Administrative Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Fourth Amending Agreement to Amended and Restated Credit Agreement (Pacificorp /Or/)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States U.S. federal withholding Tax Taxes 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 ▇▇▇▇▇▇'s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “Section 7.3(g) "FATCA" shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (PRECISION DRILLING Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such LenderL▇▇▇▇▇’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes purpose of this clause (DSection 2.13(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Freshpet, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (Df), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Columbia Pipeline Group, Inc.)

FATCA. If a payment made to a any Lender under any Loan Document hereunder would be subject to United States federal withholding Tax Taxes 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by applicable Law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower 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 this clause (DSection 11.6(8), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Maxar Technologies Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States US 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 For purposes of this clause (D)§ 5.1.6, “FATCA” shall include any amendments made to FATCA after the date of this Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.7.4(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (OPAL Fuels Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Revenue Code, as applicable), such Lender shall deliver to the Borrower Borrowers and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower Borrowers or the Administrative Agent such documentation prescribed by applicable Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Revenue Code) and such additional documentation reasonably requested by the Borrower Borrowers or the Administrative Agent as may be necessary for the Borrower Borrowers and the Administrative 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 this clause paragraph (D)8), "FATCA" shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Points International LTD)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative 43 Agent as may be necessary for 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement

FATCA. If a payment made to a any Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 2.15(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (AP Gaming Holdco, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 purpose of this clause (DSection 2.13(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Freshpet, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower 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 to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.NY\6127033.17

Appears in 1 contract

Sources: Credit Agreement (W R Grace & Co)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such Lender’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (DSection 2.19(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Griffon Corp)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Senior Secured Term Loan Credit Agreement (Corporate Capital Trust, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D)Section 3.1.7, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Term Loan Agreement (Essex Portfolio Lp)

FATCA. If a payment made to a Lender under any Loan Document this Agreement would be subject to United States federal U.S. Federal withholding Tax tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and or the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and or the Administrative Agent to comply with their its 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 any such paymentpayments. Solely for For purposes of this clause (DSection 5.03(g), “FATCA” FATCA shall include any amendments made to FATCA after the date regulations or official interpretations of this AgreementFATCA.

Appears in 1 contract

Sources: Credit Agreement (Synergy Resources Corp)

FATCA. If a payment made to a any Lender under any Loan Document hereunder would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Loan Agreement (Trinity Place Holdings Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to 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 Code, as applicable), such Lender shall deliver to the Borrower Loan Parties and the Administrative Agent at the time or times prescribed by Law and at such time or times reasonably requested by the Borrower Loan Parties or the Administrative Agent such documentation prescribed by applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Loan Parties or the Administrative Agent as may be necessary for the Borrower 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 this clause (Dg), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Libor Hardwire Transition Amendment (Container Store Group, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States federal withholding Tax imposed by FATCA if such Lender were to fail fails to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by Law law and at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by applicable Law law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their its 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 this clause (DSection 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (HighPeak Energy, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 amount, if any, to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.of

Appears in 1 contract

Sources: Credit Agreement (Altus Power, Inc.)

FATCA. If a payment made to a Lender under any Loan Document would be subject to United States 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 Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Law law and at such time or times reasonably requested by 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 Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for 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 this clause (DSection 3.01(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (L 3 Communications Holdings Inc)