Section 3.01(e of the Original A&R Credit Agreement is hereby amended by adding the following to the end of the final paragraph of Section 3.01(e): “For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of that certain First Amendment to 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 Section 1.1471-2(b)(2)(i).”
Section 3.01(e. Section 3.01(e) of the Credit Agreement is hereby amended by (x) replacing each reference to “IRS Form W-8BEN” with a reference to “IRS Form W-8BENE (or W-8BEN, as applicable)”, (y) replacing each reference to “originals” with a reference to “copies” and (z) adding a new clause (iv) at the end thereof that reads as follows:
