Loan-out Corporation. This Agreement will apply equally in all respects to a Contract for Services made between a Producer and a Loan-out Corporation, and a Contract for Services made directly between a Producer and a Guild Member.
Loan-out Corporation. A Loan-out Corporation is a corporation with a majority shareholder, officer or director on the corporate board of directors who is a member of the DGC, or an individual who has been granted a permit by the DGC, and who performs any of the duties of any of the classifications set out in this Agreement. Limited partnerships are deemed to be included in this definition.
Loan-out Corporation. Except where otherwise provided herein, this Agreement will apply equally in all respects whether a Director or Second Unit Director contracts through a loan-out corporation or directly with a Producer. In the event that the Director or Second Unit Director provides services through a loan- out corporation, such loan-out corporation guarantees the personal services of the Director or Second Unit Director referred to in the Contract for Services. The Contract for Services binds in solidarity the Director or Second Unit Director and the loan-out corporation.
Loan-out Corporation. In the event that Performer’s services are being furnished to Producer through a loan-out company (the “Lender”), Lender represents and warrants that Lender is, or will become prior to Lender receiving any payments hereunder (provided that before Lender is substituted for Performer, Lender/Performer shall sign an inducement letter or loan-out conversion instrument in a form acceptable to Producer), and has been for more than thirty (30) days prior to the date of this Agreement, a corporation duly organized and existing under the laws of Lender’s state or country of incorporation; that Lender is a bona fide corporate business entity established for a valid business purpose within the meaning of the tax laws of the United States and not a mere sham, conduit, or agent for Performer; that Performer is under an exclusive written contract of employment with Lender for a term extending at least until the completion of all services required of Performer hereunder, which contract gives Lender the right to direct Performer as to when and how Performer performs Performer’s services, and to loan or furnish the services of Performer to Producer, as herein provided. Lender further acknowledges that the foregoing representations and warranties will be relied upon by Producer for the purpose of determining whether or not it is necessary to make withholdings of U.S. Federal, State or local taxes from monies being paid to Lender hereunder, and Lender agrees that if withholdings are not made from said payments, and thereafter it is determined that such withholdings were legally required, Lender and Performer will indemnify Producer against all loss, costs, damages and expenses relating thereto (including, but not limited to, penalties, interest and reasonable attorney’s fees and costs in the defense and disposition of such matters). Notwithstanding the foregoing, Producer may make U.S. Federal, State or local tax withholdings if it is required by law. Notwithstanding anything to the contrary set forth above, Lender and Performer hereby warrant and represent that for the purposes of any applicable worker’s compensation statutes (the "Statutes"): the employment relationship exists between Producer and Performer; Performer is Producer’s special employee; and Lender is Performer's general employer (as the terms "special employee," "special employer" and "general employer" are understood for purposes of workers' compensation statutes). In this regard, Lender and Performer warrant...
