Common use of Affected Bank Clause in Contracts

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. 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.