Common use of FATCA Clause in Contracts

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of 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, if any, to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a any Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA necessary for an exemption from withholding under such provisions (including those contained in Section Sections 1471(b) or Section 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 Agent, such documentation prescribed by any Requirement of applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and any 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 FATCA, to determine that whether such Lender has complied with such Lender’s its obligations under FATCA or to determine the amount, if any, to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (g), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

FATCA. If a payment made to a Lender under this Agreement or any other Credit Facility Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent (each, a “Withholding Agent”), at the time or times prescribed by law and at such time or times reasonably requested by any Withholding Agent, as the Borrower or the Administrative Agent case may be, such documentation prescribed by any Requirement of Law 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 such Withholding Agent as may be necessary for the Borrower and the Administrative such Withholding Agent to comply with their its obligations under FATCA and FATCA, to determine that such Lender has or has not complied with such LenderXxxxxx’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f)2.5.4.4, “FATCA” FATCA shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of Law 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f3.11(h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower Obligor Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Obligor Representative or the Administrative Agent such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Obligor Representative or the Administrative Agent as may be necessary for the Borrower Obligor Representative 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (f)(iii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a any payment made to a Lender or an Issuing Bank under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender or Issuing Bank 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 or Issuing Bank 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 any Requirement of Law 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 whether such Lender or Issuing Bank has complied with such Lender’s or Issuing Bank’s obligations under FATCA or and to determine the amount, if any, to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (iii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender or any Agent under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender or Agent shall deliver to the Borrower and the Administrative Agent or Agent, as applicable, 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, as applicable, such documentation prescribed by any Requirement of 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 Agent, as applicable, to comply with their obligations under FATCA and to determine that such Lender or Agent, as applicable, has complied with such Lender’s or Agent’s obligations under FATCA or to determine the amount, if any, amount to deduct and or withhold from such payment. Solely for purposes of this Section 4.04(f3.01(e)(iii), “FATCA” shall include any amendments made to FATCA after the date of this AgreementThird Restatement Date.

FATCA. If a payment made to a Lender or a Participant under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender or Participant 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 or Participant 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 any Requirement of 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 or Participant has complied with such Lender’s or Participant’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (d), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to the Borrower Borrowers and the Administrative Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower Borrowers or the Administrative Agent such documentation prescribed by any Requirement of 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 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f4.1(g), “FATCA” shall include any amendments made to FATCA after the date of this Credit Agreement, and any fiscal or regulatory legislation adopted pursuant to any intergovernmental agreement entered into with the United States in connection with the implementation of FATCA.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of Law 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f3.5(f)(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by under 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 (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by any Requirement of 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 and 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 whether such Lender has complied with such Lender’s 's obligations under FATCA or to determine the amount, if any, to deduct and withhold from such payment. Solely for the purposes of this Section 4.04(f)Section, “"FATCA” " shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of Law 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (D), “FATCA” shall include any amendments made to FATCA after the date of this AgreementAgreement and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with FATCA.

FATCA. If a payment made to a Lender or Issuing Bank under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender or Issuing Bank 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 or Issuing Bank shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law Xxxxxx and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by any Requirement of 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 or Issuing Bank has complied with such LenderLender or Issuing Bank’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.for

FATCA. If a payment made to a Lender under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail GS/Landec – Credit and Guaranty Agreement 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 Credit Party Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Credit Party Representative or the Administrative Agent such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Borrower Credit Party Representative or the Administrative Agent as may be necessary for the Borrower Credit Parties 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, if any, amount to deduct and withhold from such payment. Solely for purposes of the immediately preceding sentence of this Section 4.04(fclause (d), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

FATCA. If a payment made to a any Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA necessary for an exemption from withholding under such provisions (including those contained in Section Sections 1471(b) or Section 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 Agent, such documentation prescribed by any Requirement of applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and any 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 FATCA, to determine that whether such Lender has complied with such Lender’s its obligations under FATCA or to determine the amount, if any, to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (g), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date. [Reserved].

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of applicable lawApplicable 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f2.17(g), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to 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 law Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by any Requirement of 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f), “7.3(g) "FATCA” " shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender Recipient under any Credit Document would be subject to U.S. 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 Internal Revenue Code, as applicable), such Lender Recipient shall deliver to the Borrower Company and the Administrative Agent at the time or times prescribed by law applicable Requirements of Law and at such time or times reasonably requested by the Borrower Company or the Administrative Agent such documentation prescribed by any Requirement applicable Requirements of 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 Recipient has complied with such LenderRecipient’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely for purposes of the preceding sentence of this Section 4.04(fclause (d), “FATCA” shall include any amendments made to FATCA after the date of this Agreementhereof.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of Law 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the CodeCode and Treasury Regulation Section 1.1471-3(d), as applicable), such Lender shall deliver to the Borrower Administrative Agent and the Administrative Agent Company, at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Administrative Agent or the Administrative Agent Company, such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Administrative Agent or the Administrative Agent Company as may be necessary for the Administrative Agent, the Company and any Subsidiary Borrower and the Administrative Agent that is a Domestic Subsidiary 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f2.16(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower Obligor Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Obligor Representative or the Administrative Agent such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Obligor Representative or the Administrative Agent as may be necessary for the Borrower Obligor Representative 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (f)(iii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the CodeCode and Treasury Regulation Section 1.1471-3(d), as applicable), such Lender shall deliver to the Borrower Administrative Agent and the Administrative Agent Company, at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Administrative Agent or the Administrative Agent Company, such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Administrative Agent or the Administrative Agent Company as may be necessary for the Administrative Agent, the Company and any Subsidiary Borrower and the Administrative Agent that is a Domestic Subsidiary 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f2.17(i), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to 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 any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (f), “FATCA” shall include any amendments made to FATCA after the date of this AgreementClosing Date.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by any Requirement of 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 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (c), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender hereunder or under any Credit Document Loan Documents would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the IR Code, as applicable), such Lender shall deliver to the Administrative Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Administrative Borrower or the Administrative Agent such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the IR 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, if any, amount to deduct and withhold from such payment. Solely for the purposes of this Section 4.04(fsubsection (f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a the Lender under any Credit Document this Agreement would be subject to U.S. federal withholding Tax 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 DOCPROPERTY "DocID" \* MERGEFORMAT 065093/564287 MT MTDOCS 45761290 1472(b) of the CodeIRC, as applicable), such the Lender shall deliver to the Borrower and the Administrative Agent Borrowers 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 any Requirement of Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the CodeIRC) and such additional documentation reasonably requested by the Borrower or the Administrative Agent Borrowers as may be necessary for the Borrower and the Administrative Agent Borrowers to comply with their its obligations under FATCA and to determine that such the Lender has complied with such the Lender’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely The Borrowers shall provide such information as the Lender may reasonably require in order for purposes of this Section 4.04(f)the Lender to satisfy its obligations, “if any, relating to FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the 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 any Requirement of Law 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Representative or the Administrative Agent such documentation prescribed by any Requirement of Law applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Representative or the Administrative Agent as may be necessary for the applicable 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fsubsection (e)(ii), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent Agent, at the time or times prescribed by law applicable Requirements of Law and otherwise at such time or times reasonably requested by the Borrower or the Administrative Agent Agent, such documentation prescribed by any Requirement applicable Requirements of 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, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(f3.10(f), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

FATCA. If a payment made to a Lender or any Agent under any Credit Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender or Agent shall deliver to the Borrower and the Administrative Agent or Agent, as applicable, 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, as applicable, such documentation prescribed by any Requirement of 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 Agent, as applicable, to comply with their obligations under FATCA and to determine that such Lender or Agent, as applicable, has complied with such Lender’s or Agent’s obligations under FATCA or to determine the amount, if any, amount to deduct and or withhold from such payment. Solely for purposes of this Section 4.04(f3.01(e)(iii), “FATCA” shall include any amendments made to FATCA after the date of this AgreementSecond Restatement Date.

FATCA. If a payment made to a Lender or a Participant under any Credit Loan Document would be subject to U.S. United States federal withholding Tax imposed by FATCA if such Lender or Participant 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 or Participant 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 any Requirement of 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 or Participant has complied with such Lender’s or Participant’s obligations under FATCA or to determine the amount, if any, amount to deduct and withhold from such payment. Solely for purposes of this Section 4.04(fclause (e), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.