"(iii) The Default Market Value determined pursuant to subparagraphs (i) or (ii) above shall not take into account any deduction or withholding imposed or collected (or that would be imposed or collected) in connection with FATCA that would not be imposed but for the nonDefaulting Party's non-compliance with FATCA." 30 Confidential CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0048506 CONFIDENTIAL SDNY_GM_00194690 EFTA01360260