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Documentation Required by Fatca
Documentation Required by Fatca contract clause examples

If a payment made to [[Organization A:Organization]] under this Agreement would be subject to U.S. federal deduction or withholding Tax imposed by FATCA if [[Organization A:Organization]] 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), [[Organization A:Organization]] shall deliver to the [[Organization B:Organization]] at the time or times prescribed by law and at such time or times reasonably requested by the [[Organization B:Organization]] 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 [[Organization B:Organization]] as may be necessary for the [[Organization B:Organization]] to comply with its obligations under FATCA and to determine that [[Organization A:Organization]] has complied with [[Organization A:Organization]]’s obligations under FATCA. Solely for purposes of this clause, “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization B:Organization]] under this Agreement or any other Program Documents would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization B:Organization]] 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 [[Organization B:Organization]] shall deliver to [[Organization C:Organization]] at the time or times prescribed by law and at such time or times reasonably requested by [[Organization C:Organization]] 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 [[Organization C:Organization]] as may be necessary for [[Organization C:Organization]] to comply with its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this [clause (viii)], “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization A:Organization]] under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization A:Organization]] 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 [[Organization A:Organization]] shall deliver to the and the [[Administrative Agent:Organization]] at the time or times prescribed by law and at such time or times reasonably requested by the or the [[Administrative Agent:Organization]] 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 or the [[Administrative Agent:Organization]] as may be necessary for the and the [[Administrative Agent:Organization]] to comply with their obligations under FATCA and to determine that such [[Organization A:Organization]] has complied with such [[Organization A:Organization]]’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization B:Organization]] under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization B:Organization]] 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 [[Organization B:Organization]] shall deliver to the [[Organization A:Organization]] and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the [[Organization A:Organization]] 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 [[Organization A:Organization]] or the Administrative Agent as may be necessary for the [[Organization A:Organization]] and the Administrative Agent to comply with their obligations under FATCA and to determine that such [[Organization B:Organization]] has complied with such [[Organization B:Organization]]’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization B:Organization]] under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization B:Organization]] 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 [[Organization B:Organization]] shall deliver to the [[Organization A:Organization]] and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the [[Organization A:Organization]] 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 [[Organization A:Organization]] or the Administrative Agent as may be necessary for the [[Organization A:Organization]] and the Administrative Agent to comply with their obligations under FATCA and to determine that such [[Organization B:Organization]] has complied with such [[Organization B:Organization]]’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this [Section 2.14(f)(ii)(D)], “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization C:Organization]] under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization C:Organization]] 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 [[Organization C:Organization]] 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 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, to determine that such [[Organization C:Organization]] has complied with such [[Organization C:Organization]]’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

If a payment made to a Lender would be subject to United States 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 [[Organization A:Organization]], at the time or times prescribed by law and at such time or times reasonably requested in writing by the [[Organization A:Organization]], 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 in writing by the [[Organization A:Organization]] as may be necessary for the [[Organization A:Organization]] 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. For purposes of this [Section 2.12(e)(ii)] FATCA shall include amendments made to FATCA after the date of this Agreement.

if a payment made to a [[Organization A:Organization]] under any Credit Document would be subject to U.S. federal withholding Tax imposed by FATCA if such [[Organization A:Organization]] 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 [[Organization A:Organization]] shall deliver to such Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by such 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 such Borrower or the Administrative Agent as may be necessary for such Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such [[Organization A:Organization]] has complied with such [[Organization A:Organization]]’s obligations under FATCA or to determine the amount to deduct and withhold from such

if a payment made to a under any Loan Document would be subject to Tax imposed by FATCA if such were to fail to comply with the applicable reporting and document requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such shall deliver to the and the [[Administrative Agent:Organization]] at the time or times prescribed by Laws and at such time or times reasonably requested by the or the [[Administrative Agent:Organization]] such documentation prescribed by Applicable Laws (including as prescribed by [Section 1471(b)(3)(C)(i)] of the Code) and such additional documentation reasonably requested by the or the [[Administrative Agent:Organization]] as may be necessary for the and the [[Administrative Agent:Organization]] to comply with their obligations under FATCA and to determine that such has complied with such ’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement, and for purposes of this Section 3.01, “Laws” shall include FATCA. For purposes of determining withholding Taxes imposed under FATCA, from and after the date of this Agreement, the and the Lenders shall treat this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

If a payment made to a Lender under any 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 and the [[Administrative Agent:Organization]] at the time or times prescribed by law and at such time or times reasonably requested by the or the [[Administrative Agent:Organization]] 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 or the [[Administrative Agent:Organization]] as may be necessary for the and the [[Administrative Agent:Organization]] 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 to deduct and withhold from such payment. Solely for purposes of this clause (3), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

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