US Qualifying Lender definition

US Qualifying Lender means a Lender which is:

US Qualifying Lender means a Lender which is on the date a payment falls due a person which:

US Qualifying Lender means a Lender which either (a) is a U.S. Person or (b) is not a U.S. Person but is entitled to complete exemption from withholding of U.S. Federal income tax on interest payable to it in respect of any Loan.

Examples of US Qualifying Lender in a sentence

• The Borrower is not required to make any deduction for or, on account of, Tax from any payment it may make under any Finance Document, assuming that each Lender is a U.S. Qualifying Lender.

• As at the date of this Agreement, all amounts payable by it under the Finance Documents to a Qualifying Lender (except for amounts payable to a Lender that is a Qualifying Lender by reason of paragraph (d) of the definition of US Qualifying Lender under Clause 12.1 (General)) may be made without any Tax Deduction (except for any Tax Deduction imposed by FATCA (as defined under Clause 12.1 (General)).

• If a New Lender fails to indicate its status in accordance with this Clause 20.5 then such New Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender or a US Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company).

• If such a Lender fails to indicate its status in accordance with this Clause 18.5 then that Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender and not a US Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company).

• If such Lender fails to indicate its status in accordance with this Clause 13.4 then such Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a UK Qualifying Lender or a U.S. Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Parent).

More Definitions of US Qualifying Lender

US Qualifying Lender means a Person that is entitled to receive, as of the Effective Date or upon becoming a party to the Loan Documents, payments of interest without the imposition of U.S. federal withholding tax (by statute or treaty) on payments of interest treated as being from sources within the United States for U.S. federal income tax purposes.

US Qualifying Lender means, in respect of a payment by or in respect of a US Borrower:

US Qualifying Lender means in respect of each payment made by or on behalf of a US Borrower, a Lender that prior to such payment has supplied to the Facility Agent for transmission to the US Borrower or, as the case may be, the relevant Guarantor:

US Qualifying Lender means, in respect of a payment made by an Obligor incorporated in the United States, a Lender which is:

US Qualifying Lender has the meaning given to it in Clause 18.1 (Definitions).

US Qualifying Lender means, in relation to payments to be made by a U.S. Obligor, or by a Guarantor on behalf of a U.S. Obligor, a Lender which is beneficially entitled to such payments and which is: (iii) a United States Person; (iv) able to receive such payments from that Obligor without a Tax Deduction (other than pursuant to a U.S. Treaty), including, without limitation, a Lender which would be exempt from U.S. withholding Tax pursuant to Section 871(h) or 881(c) of the Code; or (v) a U.S. Treaty Lender. "U.S. Treaty Lender" means, in relation to a payment by a U.S. Obligor under a Finance Document, a Lender which: (i) is treated as a resident of a U.S. Treaty State for the purposes of the U.S. Treaty; (ii) does not carry on a business in the U.S. through a permanent establishment, a fixed base or a permanent representative with which that Xxxxxx's participation in the Loan is effectively connected; and (iii) has fulfilled any other conditions which must be fulfilled under the U.S. Treaty and has completed and complied with any necessary procedural formalities required for residents of that U.S. Treaty State to obtain the full exemption from Tax imposed on payments made by a U.S. Obligor under the Finance Documents. "U.S. Treaty State" means a jurisdiction having a double taxation agreement with the U.S. (a "U.S. Treaty") which makes provision for full exemption from Tax imposed by the U.S. on payments under the Finance Documents. "U.S. Withholding Tax Form" means whichever of the following is relevant (including in each case any successor form): (i) IRS Form W-8BEN or W-8BEN-E, (ii) IRS Form W-8IMY (with appropriate attachments), (iii) IRS Form W-8ECI, (iv) IRS Form W-8EXP, (v) IRS Form W-9, (vi) in the case of a Lender relying on the so-called "portfolio interest exemption", IRS Form W-8BEN or W-8BEN-E and a certificate to the effect that such Lender is not (1) a "bank"

US Qualifying Lender means a Lender which on the Effective Date is a person which: