Lender treated as Partnership Sample Clauses

Lender treated as Partnership. If any Lender is treated as domestic partnership for purposes of an applicable Indemnified Tax or Other Tax, any withholding made by such Lender shall be treated as if such withholding had been made by Borrower or the Administrative Agent; provided, however, that no additional amounts or indemnification payments shall be required to be made by or on behalf of any Loan Party pursuant to Section 2.15(a) or (c) in an amount greater than the amount of such payments that would have been made had the Borrower been making payments directly to the partners in such partnership; and provided further that no partner of a Lender shall be entitled to the benefits of Section 2.15(a) or Section 2.15(c) pursuant to this Section 2.15(h) unless such partner agrees to be subject to Section 2.15 as if such partner were a Lender. The determination of whether a U.S. federal withholding tax on payments was imposed pursuant to any applicable Law in effect at the time a Lender became a party hereto will be made by reference to the time when the applicable direct or indirect partner became a direct or indirect partner of such Lender, but only if such date is later than the date on which such Lender became a party hereto.