Common use of Loan-Out Companies Clause in Contracts

Loan-Out Companies. Where, as part of Commercial Production a Contributing Employer borrows/leases the services of a freelance employee from a loan-out company and such employee renders services to a Contributing Employer in a freelance Covered Category covered by this Participation Agreement, the Contributing Employer shall make contributions directly to the Plan with respect to the services performed by the borrowed/leased employee. In its agreement with the loan-out company, the Contributing Employer shall separately state the compensation applicable to services covered by this Participation Agreement. Contributions to the Plan shall be based on the amount the Contributing Employer pays the loan-out company for borrowing/leasing the freelance employee’s covered services. As used herein the term “loan-out company” shall (A) have the same meaning as it does under the commercial production industry multiemployer employee welfare benefit plans where such plans cover persons working as loaned out freelance employees under their plan of benefits; (B) is owned solely by the employee and (C) loans/leases the employee/owner’s special skills and services to the Contributing Employer; (D) the borrowing/leasing Contributing Employer exercises supervision and control over the borrowed/leased employee ; and (E) there are other indicia of employment between the Contributing Employer and the borrowed/leased employee. A loan-out company is a corporation, Limited Liability Company or other legal entity. A loan-out company is not regarded by the Plan as an independent contractor in relation to the Contributing Employer. The Plan does not enter into participation agreements with loan-out companies nor permit them to become contributing employers. The Trustees have the right, at any time on notice to the Contributing Employer, to decline to accept contributions on behalf of loaned-out/borrowed employees and to not cover such persons as participants under the Plan of Benefits where the Trustees in their sole judgment determine to be in the best interests of the Plan and/or to comply with applicable law.

Loan-Out Companies. Where, as part of Commercial Production a Contributing Employer borrows/leases the services of a freelance employee from a loan-out company and such employee renders services to a Contributing Employer in a freelance Covered Category covered by this Participation Agreement, the Contributing Employer shall make contributions directly to the Plan with respect to the services performed by the borrowed/leased employee. In its agreement with the loan-out company, the Contributing Employer shall separately state the compensation applicable to services covered by this Participation Agreement. Contributions to the Plan shall be based on the amount the Contributing Employer pays the loan-out company for borrowing/leasing the freelance employee’s covered services. As used herein the term “loan-out company” shall (A) shall have the same meaning as it does under the commercial production industry multiemployer employee welfare benefit plans where such plans cover persons working as loaned out freelance employees under their plan of benefits; (B) is owned solely by the employee and (C) loans/leases the employee/owner’s special skills and services to the Contributing Employer; (DC) the borrowing/leasing Contributing Employer exercises supervision and control over the borrowed/leased employee ; and (ED) there are other indicia of common law employment between the Contributing Employer and the borrowed/leased employee. A loan-out company is a corporation, Limited Liability Company or other legal juridical entity recognized by the IRS as legally permitted to operate as a loan out entity. A loan-out company is not regarded by the Plan as an independent contractor in relation to the Contributing Employer. The Plan does not enter into participation agreements with loan-out companies nor permit them to become contributing employers. The Trustees have the right, at any time on notice to the Contributing Employer, to decline to accept contributions on behalf of loaned-out/borrowed employees and to not cover such persons as participants under the Plan of Benefits where the Trustees in their sole judgment determine to be it is necessary or desirable in the best interests of the Plan and/or to comply with applicable law.

Loan-Out Companies. Where, as part of Commercial Production When a Contributing Employer borrows/leases borrows the services of a freelance employee from a loan-out company and such employee renders services to a Contributing Employer in a freelance Covered Category that is covered by this Participation Agreement, the Contributing Employer shall make contributions directly to the Plan with respect to the services performed by the borrowed/leased borrowed employee. In its agreement with the loan-out company, the Contributing Employer shall separately state the compensation applicable to services covered by this Participation Agreement. Contributions to the Plan shall be based on the amount the Contributing Employer pays the loan-out company for borrowing/leasing lending the freelance employee’s covered services. As used herein the term “loan-out company” shall (A) have the same meaning as it does under the commercial production industry multiemployer employee welfare benefit plans where such plans cover persons working as loaned out freelance employees under their plan of benefits; (B) is an entity that (C) is owned solely by the employee and where such entity (CD) loans/leases loans the employee/owner’s special skills and services to the Contributing EmployerEmployer ; (DE) the borrowing/leasing borrowing Contributing Employer exercises supervision and control over the borrowed/leased borrowed employee ; and (EF) there are may be other indicia of employment between the Contributing Employer and the borrowed/leased borrowed employee. A loan-out company is may be a corporation, Limited Liability Company corporation or LLC or other legal business entity. A loan-out company is not regarded treated by the Plan as an independent contractor in relation to the Contributing Employer. The , however, the Plan does not enter into participation agreements Participation Agreements with loan-out companies nor permit them to become contributing employerscompanies. The Notwithstanding the foregoing, the Trustees have the right, at any time on notice to the Contributing Employer, to decline to accept contributions on behalf of loaned-out/borrowed employees and to not cover such persons as participants under the Plan of Benefits where the Trustees in their sole judgment determine to be in the best interests of the Plan and/or to comply with applicable law.