Affected Bank. See §5.12.
Affected Bank. 2 Agents......................................................................... 2 Agreement...................................................................... 2
Affected Bank. Any Bank that has suffered a loss or otherwise has a claim for compensation from the Borrower or a right to be excused from performing an obligation under any of Sections 2.11.2, 2.11.3, 2.12 or 2.14.
Affected Bank. The Investor represents that it is not (or, if applicable, the entity on whose behalf it is acting is not) an “Affected Bank.” “Affected Bank” means a “bank” for purposes of Section 881 of the Code or an entity affiliated with such a bank that is neither (x) a United States Person nor (y) entitled to the benefits of an income tax treaty with the United States under which withholding taxes on interest payments made by obligors resident in the United States to such bank are reduced to 0%.
Affected Bank. The Investor represents that it is not (or, if applicable, the entity on whose behalf it is acting is not) an "Affected Bank". Affected Bank means a "bank" for purposes of Section 881 of the Code or an entity affiliated with such a bank that is not any of the following: (x) a "United States person" within the meaning of Section 7701(a)(30) of the Code, (y) an entity that treats all income from its Subject Notes owned by such Affected Bank as effectively connected with its conduct of a trade or business within the United States (as such terms are used in Section 864(c) of the Code) or (z) entitled to the benefits of an income tax treaty with the United States under which withholding taxes on interest payments made by obligors resident in the United States to such bank are reduced to 0% and is not subject to withholding under Sections 1471-1474 of the Code.
Affected Bank. If Borrower gives a notice of intention to replace and does not so replace such Affected Bank within 90 days thereafter, Borrower's rights relating to any previously incurred increased costs or additional amounts under this Section 2.9 shall terminate and Borrower shall promptly pay all increased costs or additional amounts previously demanded by such Affected Bank pursuant to Sections 2.4.4, 2.6.1, 2.6.3 or 2.6.4.
Affected Bank. See 4.1(c).
Affected Bank. See (S)5.12 hereof. ------------- Affiliate. Any Person that would be considered to be an affiliate of the --------- Borrower under Rule 144(a) of the Rules and Regulations of the Securities and Exchange Commission, as in effect on the date hereof, if the Borrower was issuing securities; provided, however, that the term "Affiliate" as it applies to Holdings and its Subsidiaries shall not include JZEP.
Affected Bank. See Section 6.11. Agents. See Preamble. 8 -2- Agreement. This 364-Day Loan Agreement, including the Schedules and Exhibits hereto, as from time to time amended and supplemented in accordance with the terms hereof. Applicable Base Rate. The applicable rate per annum of interest on the Base Rate Loans as set forth in the Pricing Table. Applicable Eurodollar Rate. The applicable rate per annum of interest on the Eurodollar Loans as set forth in the Pricing Table. Applicable Facility Rate. The applicable rate per annum with respect to the Facility Fee as set forth in the Pricing Table. Applicable L/C Rate. The applicable rate per annum on the Maximum Drawing Amount as set forth in the Pricing Table. Applicable Requirements. See Section 8.10.
Affected Bank. See (S)6.11. -------------
