FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 19 contracts
Sources: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Aes Corp), Term Loan Credit Agreement (Entergy New Orleans, LLC)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower it is understood and agreed that the Administrative Agent shall may treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 19 contracts
Sources: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)
FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 12 contracts
Sources: Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.)
FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 8 contracts
Sources: Credit Agreement, Credit Agreement, Credit Agreement (Staples Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders Banks hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 8 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the each Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 6 contracts
Sources: Credit Agreement (Quaker Chemical Corp), Credit Agreement (Quaker Chemical Corp), Credit Agreement (Quaker Chemical Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Closing Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 6 contracts
Sources: Limited Waiver and Amendment to Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, each of the Borrower Administrative Agent and the Administrative Paying Agent shall treat (and the Lenders hereby authorize the Administrative Agent and the Paying Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 5 contracts
Sources: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (BBX Capital Corp), Credit Agreement (Bluegreen Vacations Corp), Credit Agreement (Hain Celestial Group Inc)
FATCA. For the purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the obligations of the Borrower set forth in the Credit Agreement, as modified by this Agreement Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 5 contracts
Sources: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 5 contracts
Sources: Term Loan Agreement, Term Loan Agreement (Abbott Laboratories), Term Loan Agreement (Abbott Laboratories)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 4 contracts
Sources: Credit Agreement (Calix, Inc), Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 3 contracts
Sources: Term Loan Credit Agreement (Tech Data Corp), Term Loan Credit Agreement (Tech Data Corp), Revolving Credit Agreement (Tech Data Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
FATCA. For Solely for purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment No. 1 Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 3 contracts
Sources: Credit Agreement (Lam Research Corp), Term Loan Agreement (Lam Research Corp), Credit Agreement (Lam Research Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrower, the Collateral Agent and the Administrative Agent shall treat (and the Lenders hereby authorize the Collateral Agent and the Administrative Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Loan Financing and Servicing Agreement (FS Investment Corp II), Loan Financing and Servicing Agreement
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Integra Lifesciences Holdings Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Engility Holdings, Inc.), First Lien Credit Agreement (Engility Holdings, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Schnitzer Steel Industries Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective DateDate of the Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Obligations under the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Athenahealth Inc), Credit Agreement (Athenahealth Inc)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Omnibus Amendment Agreement (Peabody Energy Corp), Omnibus Amendment Agreement (Peabody Energy Corp)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize authorizes the Administrative Agent to treat) this the Credit Agreement (together with any loans or other extensions of credit pursuant thereto) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Regulations Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Lear Corp), Credit Agreement (Dr Pepper Snapple Group, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Term Loan Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)
FATCA. For purposes of determining withholding Taxes imposed under the FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections 1.1471-Section 1.1471- 2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Credit Agreement (Comscore, Inc.), Credit Agreement (Comscore, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 2 contracts
Sources: Five Year Credit Agreement (Metlife Inc), Five Year Credit Agreement (Metlife Inc)
FATCA. For purposes of determining U.S. withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Tech Data Corp)
FATCA. For the purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the obligations of the Borrower set forth in the Credit Agreement, as modified by this Agreement Amendment, as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (RigNet, Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 68186109_3
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loan as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement First Amendment Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections 1.1471-Section 1.1471- 2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Scholastic Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Agreement, the Borrower and the Administrative Agent shall shall, to the extent permissible under applicable law, treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 69623377_3
Appears in 1 contract
Sources: Credit Agreement (Quidel Corp /De/)
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent Lenders shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 75127025
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Incremental Lenders hereby authorize the Administrative Agent to treat) this the Loans under the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders Lender hereby authorize authorizes the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Irobot Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under pursuant to FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Incremental Lenders hereby authorize the Administrative Agent to treat) this Agreement the Additional USD Term Loan Advance as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Tornier N.V.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of this Amendment, the each Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Albemarle Corp)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Stratasys Ltd.)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement and all Commitments thereunder as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 68136465_3
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower it is understood and agreed that the Administrative Agent shall may treat (and the Lenders hereby authorize the Administrative Agent 86678630_4 to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (“FATCA”), from and after the Restatement Effective Amendment Date, the Borrower Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i2(b)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower Borrower, the Parent and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Credit Agreement as not qualifying as a “"grandfathered obligation” " within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Term Loan Agreement (CBL & Associates Limited Partnership)
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower Loan Parties and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Obligations as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Eleventh Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Closing Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 66
Appears in 1 contract
Sources: Credit Agreement (Intersil Corp/De)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (“FATCA”), from and after the Restatement Fourth Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (Equinix Inc)
FATCA. For purposes of determining withholding Taxes taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent Lenders shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement the Loans as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).. 75144421
Appears in 1 contract
FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract
Sources: Credit Agreement (IHS Inc.)
FATCA. For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the Restatement Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Required Lenders hereby authorize the Administrative Agent to treat) the Credit Agreement (including this Agreement Amendment) as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Sections Section 1.1471-2(b)(2)(i) and 1.1471-2T(b)(2)(i).
Appears in 1 contract