FATCA Status. (a) Subject to Clause 10.14(c) below, each party shall, within ten (10) Business Days of a reasonable request by another party:
FATCA Status. For purposes of determining withholding Taxes imposed under FATCA under this Agreement, each Borrower and Agent shall treat (and the Lenders hereby authorize the Agent to treat) each Loan and this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Section 1.1471-2(b)(2)(i) of the United States Treasury Regulations.
FATCA Status. The Administrative Agent and the Lenders acknowledge and agree that, solely for purposes of determining the applicability of U.S. Federal withholding Taxes imposed by FATCA, from and after the First Amendment Effective Date, the Credit Agreement (together with any Loans or other extensions of credit pursuant thereto) will not be treated as a “grandfathered obligation” under FATCA.
FATCA Status. U.S. Person – A corporation or partnership organized in the United States, the U.S. government or any state within the U.S. or the District of Columbia, a trust if a court within the United States is able to exercise primary jurisdiction over the administration of the trust and one or more United States persons have the authority to control all substantial decisions of the trust, or an estate the income of which, from sources without the United States which is not effectively connected to a U.S. trade or business, is includible in gross income for U.S. tax purposes. Specified U.S. Person – Any U.S. Person other than: – a publicly traded corporation, or a corporation that is a member of the same expanded affiliated group as a publicly traded corporation – a tax exempt organization (as defined in section 501(a)) – an individual retirement plan (as defined in section 7701(a)(37)) – the United States or an agency or instrumentality of the United States, or any state (including District of Columbia and United States possessions) or state authorities – a bank (as defined in section 581) – a real estate investment trust (as defined in section 856) – a regulated investment company (as defined in section 851) – an Entity registered with the SEC under the Investment Company Act of 1940 – a common trust fund (as defined in section 584(a)) or a tax exempt trust (as defined in section 664(c) or 4947(a)(1)) – a registered dealer, or a registered broker (as defined in section 6045(c)) Is the Account Holder a U.S. Person? If “Yes”, complete the U.S. Person certification If “No”, complete the Non-U.S. Person certification □ Yes □ No U.S. Person Is the Entity a specified U.S. Person? (See U.S. Person definition above) □ Yes Provide a U.S. TIN below. □ No U.S. Taxpayer Identification Number (TIN) Non-U.S. Person Select a classification that matches your FATCA status. See Annex for definitions of IGA categories. Select only a single category. If the category is “Passive NFFE”, then complete the Controlling Persons attachment.
FATCA Status. NFFE NFFEs An NFFE means any Entity that is not a Financial Institution. An NFFE may be an Active NFFE or a Passive NFFE. Active NFFEs Active NFFEs by Reason of Income and Assets Less than 50% of the NFFE’s gross income for the preceding calendar year or other appropriate reporting period is passive income and less than 50% of the assets held by the NFFE during the preceding calendar year or other appropriate reporting period are assets that produce or are held for the production of passive income. A Corporation the Stock of which is Regularly Traded on an Established Securities Market (or Entity related to such a corporation) The stock of the NFFE is regularly traded on an established securities market or the NFFE is a Related Entity of an Entity the stock of which is regularly traded on an established securities market. Regularly Traded – Meaningful volume of trading with respect to the stock on an on-going basis.
FATCA Status. The Borrower is not and does not intend to become a “United States person” as that term is defined in Section 7701(a)(30) of the Code, as of the date of this Agreement; and the Borrower expects that payments of interest and gross proceeds under this Agreement not be “withholdable payments” as that term is defined in FATCA.
FATCA Status it is not a US Tax Obligor.
FATCA Status. The Subscriber represents and warrants that the Subscriber has a status under the Foreign Account Tax Compliance Act, Sections 1471-1474 of the Code, and the regulations, orders, guidelines and agreements promulgated thereunder (collectively, "FA TCA") other than that of a "nonparticipating foreign financial institution" ("NPFFI") or a "Passive nonfinancial foreign entity" ("Passive NFFE") that fails to certify as to its substantial U.S. owners or that it has no substantial U.S. owners. The Subscriber agrees to promptly notify the General Partner should the Subscriber's status under FATCA change to that of a NPFFI or a Passive NFFE that fails to certify as to its substantial U.S. owners or that it has no substantial U.S. owners. In addition, the Subscriber agrees that it will provide the General Partner with any documentation required under FATCA to establish its status for FATCA purposes.
FATCA Status. (a) The Lender hereby confirms to the Borrower that it is a FATCA Exempt Party. If, after the date of this Agreement the Lender becomes aware that it has ceased to be a FATCA Exempt Party, it will notify the Borrower reasonably promptly.
