Common use of Loss of FATCA Grandfathering Clause in Contracts

Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment No. 3, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including the Term B-2 Loans and the Term B-3 Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc)

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Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this First Amendment No. 3Effective Date, the Borrower and the Administrative Agent shall treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Loans (including the Term B-2 Loans and the Term B-3 Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)

Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes Tax imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment No. 3the Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including the Term B-2 any Loans and the Term B-3 Loansalready outstanding) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Omnicare Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment No. 3Execution Date, the U.S. Borrower and the Administrative Agent shall agree to treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including the Existing Term B-2 A Loans and the Additional Term B-3 Loans) A Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Crown Holdings Inc

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this First Amendment No. 3Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including the Initial Term Loans, the Tranche B-2 Term Loans, any Revolving Credit Loans and the Term B-3 any Swing Line Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

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Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from FATCA),from and after the effective date of this Amendment No. 31 Effective Date, the Borrower and the Administrative Agent shall agree to treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans (including the Term B-2 Loans Amended and Restated Credit Agreement and the Term B-3 Loans) Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Cooper-Standard Holdings Inc.)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment No. 3Amendment, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Second Amended and Restated Credit Agreement and the Loans (including the Tranche B Term B-2 Loans and the Term B-3 any Tranche B Revolving Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Syndicated Facility Agreement (Genesee & Wyoming Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the effective date of this Amendment No. 3Execution Date, the U.S. Borrower and the Administrative Agent shall agree to treat (and the Lenders hereby authorize the Administrative Agent to treat) the Term B Loans (including the Term B-2 Loans and the Term B-3 Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Crown Holdings Inc

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