Common use of FATCA Clause in Contracts

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 18 contracts

Samples: Credit Agreement (Oasis Midstream Partners LP), Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.)

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FATCA. If a payment made to a Lender under this Agreement or any other Credit Facility Document would be subject to United States federal U.S. Federal withholding tax Tax imposed by FATCA if such Lender fails 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 Administrative Agent (each, a “Withholding Agent”), at the time or times prescribed by law and at such time or times reasonably requested by the any Withholding Agent, as the case may be, 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 such Withholding Agent as may be necessary for the such Withholding Agent to comply with its obligations under 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 Section 5.03(g)2.5.4.4, “FATCA” FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 12 contracts

Samples: Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower and the Administrative Agent at the time or times prescribed by law Law and at such time or times reasonably requested by the Withholding Agent, 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 Withholding Borrower or the Administrative Agent as may be necessary for the Withholding Borrower and the Administrative Agent to comply with its their obligations under FATCA, 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 Section 5.03(gclause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 7 contracts

Samples: Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Revolving Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal Federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Memorial Production Partners LP), Credit Agreement (Memorial Resource Development Corp.), Credit Agreement (WildHorse Resource Development Corp)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under FATCA, to determine that such Lender has complied with such LenderXxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Permian Resources Corp), Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender fails to comply with the applicable reporting requirements of FATCA (including those contained in Section section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, such documentation prescribed by applicable law (including as prescribed by Section section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 the purposes of this Section 5.03(g5.03(h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Southcross Energy Partners, L.P.), Term Loan Credit Agreement (Southcross Energy Partners, L.P.), Credit Agreement (Southcross Energy Partners, L.P.)

FATCA. (i) If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 For purposes of Section 5.03(f) and this Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (PDC Energy, Inc.), Credit Agreement (PDC Energy, Inc.), Credit Agreement (Bonanza Creek Energy, Inc.)

FATCA. If a payment made to a Lender under this Agreement any Transaction Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i1471(b)(3) (C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its their obligations under FATCA, 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 Section 5.03(gclause (g), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

Appears in 3 contracts

Samples: Receivables Financing Agreement (PG&E Corp), Receivables Financing Agreement (PACIFIC GAS & ELECTRIC Co), Receivables Financing Agreement (PACIFIC GAS & ELECTRIC Co)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal Federal withholding tax Tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under FATCA, to determine that such Lender has complied with such Lender’s obligations under FATCA or and to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 5.03(g5.02(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Vista Proppants & Logistics Inc.), Senior Secured Credit Agreement (Vista Proppants & Logistics Inc.)

FATCA. (i) If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under FATCA, to determine that such Lender Lxxxxx has complied with such LenderLxxxxx’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for For purposes of Section 5.03(f) and this Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Civitas Resources, Inc.)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender fails to comply with the applicable reporting requirements of FATCA (including those contained in Section section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(isection 1471 (b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 the purposes of this Section 5.03(g5.03(h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Term Loan Credit Agreement

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal Federal withholding tax imposed by FATCA if such Lender fails 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 Withholding Agenteach applicable Borrower, at the time or times prescribed by law Law and at such time or times reasonably requested by the Withholding Agentany such Borrower, 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 Withholding Agent any such Borrower as may be necessary for the Withholding Agent such Borrower to comply with its obligations under 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 Section 5.03(g)7.1.7, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, such documentation prescribed by applicable law Governmental Requirements (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Riviera Resources, LLC), Credit Agreement (Riviera Resources, Inc.)

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

Appears in 2 contracts

Samples: MLP Credit Agreement, MLP Credit Agreement (PennTex Midstream Partners, LP)

FATCA. If a payment made to a the Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such the Lender fails 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 Withholding Agent, Borrower at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower 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 Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its their obligations under FATCA, FATCA and 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 Section 5.03(g4.3(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Alliqua BioMedical, Inc.), Credit Agreement and Guaranty (Alliqua BioMedical, Inc.)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal withholding tax Tax imposed by FATCA if such Lender 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 Withholding Borrower and the Administrative Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding 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 Withholding Borrower or the Administrative Agent as may be necessary for the Withholding Borrower and the Administrative Agent to comply with its obligations under 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 Section 5.03(g), "FATCA" shall include any amendments made to FATCA after the date of this Agreement.

Appears in 2 contracts

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

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such the Lender fails 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 Withholding Agent, Borrower at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower 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 Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its their obligations under FATCA, FATCA and 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 Section 5.03(gclause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Mfri Inc)

FATCA. If a payment made to a the Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such the Lender fails were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the CodeIRC, as applicable), such the Lender shall deliver to the Withholding Agent, Borrower at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its obligations under FATCA, FATCA and to determine that such Lender Xxxxxx has complied with such Lender’s its obligations under FATCA or and to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 5.03(g2.9(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Gaia, Inc)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its obligations under FATCA, 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 Section 5.03(gclause (g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (SFX Entertainment, INC)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, such documentation prescribed by applicable law Requirements of Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.this

Appears in 1 contract

Samples: Credit Agreement

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FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal Federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding AgentBorrower, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding AgentBorrower, 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 Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its obligations under 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 Section 5.03(g)4.1.8, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Senior Bridge Loan Agreement (Prologis)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower and Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower 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 Withholding Borrower or Administrative Agent as may be necessary for the Withholding Borrower or Administrative Agent to comply with its their obligations under FATCA, FATCA and to determine that such Lender has complied with such Lender’s its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 5.03(gclause (d), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

Appears in 1 contract

Samples: Credit Agreement (Tellurian Inc. /De/)

FATCA. If a payment to made to a Lender under any Loan or this Agreement would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower at the time or times prescribed by law Law and at such time or times reasonably requested by the Withholding 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 Withholding Agent Borrower as may be necessary for the Withholding Agent Borrower to comply with its obligations under FATCA, 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 Section 5.03(g)7.19.2, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Financing Agreement (MCG Capital Corp)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal withholding tax Taxes imposed by FATCA if such Lender fails were to fail to comply with the applicable reporting requirements requirement of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Withholding Agent, Borrowers and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrowers or the 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 Withholding Borrowers or the Agent as may be necessary for the Withholding Borrowers and the Agent to comply with its the obligations under FATCA, FATCA and to determine that such Lender has complied with such Lender’s obligations obligation under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this Section 5.03(g)5.10.4, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology Inc)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal withholding tax Tax imposed by FATCA if such Lender 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 Withholding Borrower and the Administrative Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding 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 Withholding Borrower or the Administrative Agent as may be necessary for the Withholding Borrower and the Administrative Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (HighPeak Energy, Inc.)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g4.11(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Atlas Pipeline Partners Lp)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States federal withholding tax imposed by FATCA if such Lender fails 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the 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 Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Energen Corp)

FATCA. If a any payment made to a any Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, 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 Withholding Agent as may be necessary for Borrower or the Withholding Administrative Agent to comply with its their obligations under FATCA, 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 Section 5.03(gparagraph (f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (First American Financial Corp)

FATCA. If a payment made to a Lender under this Agreement would be subject to United States federal withholding tax imposed by FATCA if such Lender 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 Withholding Agent, at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, such documentation prescribed by applicable law Requirements of Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Withholding Agent as may be necessary for the Withholding Agent to comply with its obligations under 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 Section 5.03(g3.10(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Access Midstream Partners Lp)

FATCA. If a payment made to a Lender under this Agreement hereunder would be subject to United States federal withholding tax Taxes imposed by FATCA if such Lender fails 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 Withholding Borrower and the Administrative Agent, at the time or times prescribed by law Law and at such time or times reasonably requested by the Withholding 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 Withholding Borrower or the Administrative Agent as may be necessary for the Withholding Borrower and the Administrative Agent to comply with its their obligations under FATCA, 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 Section 5.03(gclause (7), “FATCA” shall include any amendments made to FATCA after the date of this Agreementagreement.

Appears in 1 contract

Samples: 2012 Credit Agreement (Macdonald Dettwiler & Associates LTD)

FATCA. If a payment made to a Lender under this Agreement or any other Credit Facility Document would be subject to United States federal U.S. Federal withholding tax Tax imposed by FATCA if such Lender fails 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 Borrower and Administrative Agent (each, a “Withholding Agent”), at the time or times prescribed by law and at such time or times reasonably requested by the any Withholding Agent, as the case may be, 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 such Withholding Agent as may be necessary for the such Withholding Agent to comply with its obligations under 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 Section 5.03(g)2.5.4.4, “FATCA” FATCA shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption (Teco Energy Inc)

FATCA. If a any payment made to a any Lender under this Agreement any Loan Document would be subject to United States U.S. federal withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, 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 Withholding Agent as may be necessary for Borrower or the Withholding Administrative Agent to comply with its their obligations under FATCA, 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 Section 5.03(gparagraph (f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (First American Financial Corp)

FATCA. If a payment made to a Lender under this Agreement any Loan Document would be subject to United States U.S. federal deduction or withholding tax Tax imposed by FATCA if such Lender fails 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 Withholding Agent, Borrower and the Agent at the time or times prescribed by law and at such time or times reasonably requested by the Withholding Agent, Borrower or the 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 Withholding Borrower or the Agent as may be necessary for the Withholding Borrower and the Agent to comply with its their obligations under FATCA, 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 Section 5.03(g)3.7, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (BioAmber Inc.)

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