concerning the nationality, residence, identity or connection with the United States of the holder or beneficial owner of the notes (including, but not limited to, the requirement to provide
Internal Revenue Service Forms W-8BEN, W-8BEN-E, W-8ECI, or any subsequent versions
thereof or successor thereto, and including, without limitation, Internal Revenue Service Form W-8IMY and any documentation required to be provided with such form), if compliance is required by statute,
by regulation of the United States or any taxing authority therein or by an applicable income tax treaty to which the United States is a party as a precondition to exemption from such tax, assessment or other governmental charge;
(4) to any tax, assessment or other governmental charge that is imposed otherwise than by withholding by us or a paying agent from a payment of principal of
or premium, if any, or interest on such notes;
(5) to any tax, assessment or other governmental charge that would not have been imposed but for a change
in law, regulation, or administrative or judicial interpretation that becomes effective more than 15 days after the payment becomes due or is duly provided for, whichever occurs later;
(6) to any estate, inheritance, gift, sales, excise, transfer, wealth, capital gains or personal property tax or similar tax, assessment or other governmental
charge;
(7) to any tax, assessment or other governmental charge required to be withheld by any paying agent from any payment of principal of or premium,
if any, or interest on any note, if such payment can be made without such withholding by at least one other paying agent;
(8) to any tax, assessment or
other governmental charge that would not have been imposed but for the presentation by the holder of any note, where presentation is required, for payment on a date more than 30 days after the date on which payment became due and payable or the date
on which payment thereof is duly provided for, whichever occurs later;
(9) to any tax, assessment or other governmental charge that would not have been
imposed or withheld but for the beneficial owner being a bank (i) purchasing the notes in the ordinary course of its lending business or (ii) that is neither (A) buying the notes for investment purposes only nor (B) buying the
notes for resale to a third-party that either is not a bank or holding the notes for investment purposes only;
(10) to any tax, assessment or other
governmental charge imposed under Sections 1471 through 1474 of the Code (or any amended or successor provisions), any current or future regulations or official interpretations thereof, any agreement entered into pursuant to Section 1471(b) of
the Code, any intergovernmental agreement entered into in connection with the implementation of the foregoing and any fiscal or regulatory legislation, rules or practices adopted pursuant to any such intergovernmental agreement; or
(11) in the case of any combination of items (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10).
The notes are subject in all cases to any tax, fiscal or other law or regulation or administrative or judicial interpretation applicable to the notes. Except
as specifically provided under this heading Payment of Additional Amounts, neither we nor Dow Inc., as the case may be, will be required to make any payment for any tax, assessment or other governmental charge imposed by any
government or a political subdivision or taxing authority of or in any government or political subdivision.
As used under this heading
Payment of Additional Amounts and under the heading Redemption for Tax Reasons, the term United States means the United States of America, the states of the United States, and the District of Columbia,
and the term U.S. person means any individual who is a citizen or resident of the United States for U.S. federal income tax purposes, a corporation, partnership or other entity created or organized in or under the laws of the United
States, any state of the United States or the District of Columbia, or any estate or trust the income of which is subject to U.S. federal income taxation regardless of its source.
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