Common use of Dollar, Dollars, U.S Clause in Contracts

Dollar, Dollars, U.S. Dollars and the symbol $ shall mean lawful money of the United States of America. Domestic Person shall mean an entity organized under the laws of any state of the United States of America or the District of Columbia. Drawing Date shall have the meaning specified in Section 2.8.3 [Disbursements, Reimbursement]. Dunkirk shall mean Dunkirk Specialty Steel, LLC, a Delaware limited liability company. Environmental Laws shall mean all applicable federal, state, local, tribal, territorial and foreign Laws (including common law), constitutions, statutes, treaties, regulations, rules, ordinances and codes and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health from exposure to regulated substances; (iii) protection of the environment and/or natural resources; (iv) employee safety in the workplace; (v) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, packaging, sale, transport, storage, collection, distribution, disposal or release or threat of release of regulated substances; (vi) the presence of contamination; (vii) the protection of endangered or threatened species; and (viii) the protection of environmentally sensitive areas. ERISA shall mean the Employee Retirement Income Security Act of 1974, as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Affiliate shall mean, at any time, any trade or business (whether or not incorporated) under common control with any Loan Party and are treated as a single employer under Section 414 of the Code. ERISA Event shall mean (a) a reportable event (under Section 4043 of ERISA and regulations thereunder) with respect to a Pension Plan for which notice is not waived; (b) a withdrawal by any Loan Party or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal by any Loan Party or any ERISA Affiliate from a Multiemployer Plan or notification is received by a Loan Party or any ERISA Affiliate that a Multiemployer Plan is in reorganization under Section 4241(a) of ERISA; (d) the filing of a notice of intent to terminate a Pension Plan, the treatment of a Pension Plan amendment as a termination under Section4041 of ERISA, or the receipt of notice by a Loan Party or any ERISA Affiliate that an amendment to any Multiemployer Plan constitutes a termination of the Multiemployer Plan under Section 4041A of ERISA, the commencement of proceedings by the PBGC to terminate a Pension Plan or receipt of notice by a Loan Party or any ERISA Affiliate of the insolvency of a Multiemployer Plan under Section 4245 of ERISA; (e) an event or condition which constitutes grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, upon any Loan Party or any ERISA Affiliate. ERISA Group shall mean, at any time, the Loan Parties and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, together with the Loan Parties, are treated as a single employer under Section 414 of the Internal Revenue Code. Eurocurrency Liabilities shall have the meaning specified in the definition of LIBOR Reserve Percentage. Event of Default shall mean any of the events described in Section 9.1 [Events of Default] and referred to therein as an “Event of Default.” Excluded Taxes shall mean, with respect to the Administrative Agent, any Lender, the Issuing Lender or any other recipient of any payment to be made by or on account of any obligation of the Borrowers hereunder, (a) taxes imposed on or measured by its overall net income (however denominated), and franchise taxes imposed on it (in lieu of net income taxes), by the jurisdiction (or any political subdivision thereof) under the Laws of which such recipient is organized or in which its principal office is located or, in the case of any Lender, in which its applicable lending office is located, (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which any Borrower is located and (c) in the case of a Foreign Lender, any withholding tax that is imposed on amounts payable to such Foreign Lender at the time such Foreign Lender becomes a party hereto (or designates a new lending office) or is attributable to such Foreign Lender’s failure or inability (other than as a result of a Change in Law) to comply with Section 5.9.5 [Status of Lenders], except to the extent that such Foreign Lender (or its assignor, if any) was entitled, at the time of designation of a new lending office (or assignment), to receive additional amounts from any Borrower with respect to such withholding tax pursuant to Section 5.9.1 [Payment Free of Taxes].

Dollar, Dollars, U.S. Dollars and the symbol $ shall mean lawful money of the United States of America. Domestic Person shall mean an entity organized under the laws of any state of the United States of America or the District of Columbia. Drawing Date shall have the meaning specified in Section 2.8.3 [Disbursements, Reimbursement]. Dunkirk EEA Financial Institution shall mean Dunkirk Specialty Steel(a) any credit institution or investment firm established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, LLC(b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any financial institution established in an EEA Member Country which is a Delaware limited liability companysubsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent. EEA Member Country shall mean any of the member states of the European Union, Iceland, Liechtenstein, and Norway. EEA Resolution Authority shall mean any public administrative authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution. Environmental Laws shall mean all applicable federal, state, local, tribal, territorial and foreign Laws (including common law), constitutions, statutes, treaties, regulations, rules, ordinances and codes and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health from exposure to regulated substances; (iii) protection of the environment and/or natural resources; (iv) employee safety in the workplace; (v) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, packaging, sale, transport, storage, collection, distribution, disposal or release or threat of release of regulated substances; (viv) the presence of contamination; (viivi) the protection of endangered or threatened species; and (viiivii) the protection of environmentally sensitive areas. ERISA shall mean the Employee Retirement Income Security Act of 1974, as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Affiliate shall mean, at any time, mean any trade or business (whether or not incorporated) under common control that, together with any Loan Party and the Borrower are treated as a single employer under Section 414 of the Code. ERISA Event shall mean (a) a reportable event (under Section 4043 of ERISA and regulations thereunder) with respect to a Pension Plan for which the 30-day notice is requirement has not been waived; (b) a withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal withdrawal, within the meaning of Section 4203 or 4205 of ERISA, by any Loan Party Borrower or any ERISA Affiliate from a Multiemployer Plan or notification is received receipt by a Loan Party the Borrower or any ERISA Affiliate of notice from a Mulitemployer Plan that a such Multiemployer Plan is in reorganization under (within the meaning of Section 4241(a) 4241 of ERISA); (d) the filing providing of a notice of intent to terminate a Pension Planterminate, the treatment of a Pension Plan amendment as a termination under Section4041 Sections 4041 or 4041A of ERISA, or the receipt of notice by a Loan Party or any ERISA Affiliate that an amendment to any Multiemployer Plan constitutes a termination of the Multiemployer Plan under Section 4041A of ERISA, the commencement of proceedings by the PBGC to terminate a Pension Plan or receipt of notice by a Loan Party or any ERISA Affiliate of the insolvency of a Multiemployer Plan under Section 4245 of ERISAPlan; (e) an event or condition which constitutes could reasonably constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, upon any Loan Party Borrower or any ERISA Affiliate. ERISA Group shall mean, at any time, the Loan Parties and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, together with the Loan Parties, are treated as a single employer under Section 414 of the Internal Revenue Code. Eurocurrency Liabilities shall have the meaning specified in the definition of LIBOR Reserve Percentage. Event of Default shall mean any of the events described in Section 9.1 [Events of Default] and referred to therein as an “Event of Default.” Excluded Taxes shall mean, with respect to the Administrative Agent, any Lender, the Issuing Lender or any other recipient of any payment to be made by or on account of any obligation of the Borrowers hereunder, (a) taxes imposed on or measured by its overall net income (however denominated), and franchise taxes imposed on it (in lieu of net income taxes), by the jurisdiction (or any political subdivision thereof) under the Laws of which such recipient is organized or in which its principal office is located or, in the case of any Lender, in which its applicable lending office is located, (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which any Borrower is located and (c) in the case of a Foreign Lender, any withholding tax that is imposed on amounts payable to such Foreign Lender at the time such Foreign Lender becomes a party hereto (or designates a new lending office) or is attributable to such Foreign Lender’s failure or inability (other than as a result of a Change in Law) to comply with Section 5.9.5 [Status of Lenders], except to the extent that such Foreign Lender (or its assignor, if any) was entitled, at the time of designation of a new lending office (or assignment), to receive additional amounts from any Borrower with respect to such withholding tax pursuant to Section 5.9.1 [Payment Free of Taxes].

Dollar, Dollars, U.S. Dollars and the symbol $ shall mean lawful money of the United States of America. Domestic Person shall mean an entity organized under the laws of any state of the United States of America or the District of Columbia. Drawing Date shall have the meaning specified in Section 2.8.3 2.7.3 [Disbursements, Reimbursement]. Dunkirk shall mean Dunkirk Specialty Steel, LLC, a Delaware limited liability company. Environmental Laws shall mean all applicable federal, state, local, tribal, territorial and foreign Laws (including common law), constitutions, statutes, treaties, regulations, rules, ordinances and codes and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health from exposure to regulated substances; (iii) protection of the environment and/or natural resources; (iv) employee safety in the workplace; (v) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, packaging, sale, transport, storage, collection, distribution, disposal or release or threat of release of regulated substances; (vi) the presence of contamination; (vii) the protection of endangered or threatened species; and (viii) the protection of environmentally sensitive areas. ERISA shall mean the Employee Retirement Income Security Act of 1974, as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Affiliate shall mean, at any time, any trade or business (whether or not incorporated) under common control with any Loan Party of the Borrowers and are treated as a single employer under Section 414 of the Code. ERISA Event shall mean (a) a reportable event (under Section 4043 of ERISA and regulations thereunder) with respect to a Pension Plan for which notice is not waivedPlan; (b) a withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Multiemployer Plan or notification is received by a Loan Party or any ERISA Affiliate that a Multiemployer Plan is in reorganization under Section 4241(a) of ERISAreorganization; (d) the filing of a notice of intent to terminate a Pension Planterminate, the treatment of a Pension Plan amendment as a termination under Section4041 Sections 4041 or 4041A of ERISA, or the receipt of notice by a Loan Party or any ERISA Affiliate that an amendment to any Multiemployer Plan constitutes a termination of the Multiemployer Plan under Section 4041A of ERISA, the commencement of proceedings by the PBGC to terminate a Pension Plan or receipt of notice by a Loan Party or any ERISA Affiliate of the insolvency of a Multiemployer Plan under Section 4245 of ERISAPlan; (e) an event or condition which constitutes grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISAERISA or contributions due but not delinquent, upon any Loan Party Borrower or any ERISA Affiliate. ERISA Group shall mean, at any time, the Loan Parties and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, together with the Loan Parties, are treated as a single employer under Section 414 of the Internal Revenue Code. Eurocurrency Liabilities shall have the meaning specified in the definition of LIBOR Reserve Percentage. Event of Default shall mean any of the events described in Section 9.1 [Events of Default] and referred to therein as an “Event of Default.” Excluded Taxes shall mean, with respect to the Administrative Agent, any Lender, the Issuing Lender or any other recipient of any payment to be made by or on account of any obligation of the Borrowers hereunder, (a) taxes imposed on or measured by its overall net income (however denominated), and franchise taxes imposed on it (in lieu of net income taxes), by the jurisdiction (or any political subdivision thereof) under the Laws of which such recipient is organized or in which its principal office is located or, in the case of any Lender, in which its applicable lending office is located, (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which any Borrower is located and (c) in the case of a Foreign Lender, any withholding tax that is imposed on amounts payable to such Foreign Lender at the time such Foreign Lender becomes a party hereto (or designates a new lending office) or is attributable to such Foreign Lender’s failure or inability (other than as a result of a Change in Law) to comply with Section 5.9.5 [Status of Lenders], except to the extent that such Foreign Lender (or its assignor, if any) was entitled, at the time of designation of a new lending office (or assignment), to receive additional amounts from any Borrower with respect to such withholding tax pursuant to Section 5.9.1 [Payment Free of Taxes].

Dollar, Dollars, U.S. Dollars and the symbol $ shall mean lawful money of the United States of America. Domestic Person shall mean an entity organized under the laws of any state of the United States of America or the District of Columbia. Drawing Date shall have the meaning specified in Section 2.8.3 2.9.3.1 [Disbursements, Reimbursement]. Dunkirk Eligible Investment Property shall mean Dunkirk Specialty Steel, LLC, the Marketable Securities owned by any Borrower which are subject to a Delaware limited liability companyfirst priority perfected Lien in favor of Administrative Agent and which are not subject to any restrictions other than those specifically set forth in Section 3.1 of the Security Agreement. Environmental Laws shall mean all applicable federal, state, local, tribal, territorial and foreign Laws (including common law), constitutions, statutes, treaties, regulations, rules, ordinances and codes and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health from exposure to regulated substances; (iii) protection of the environment and/or natural resources; (iv) employee safety in the workplace; (v) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, packaging, sale, transport, storage, collection, distribution, disposal or release or threat of release of regulated substances; (vi) the presence of contamination; (vii) the protection of endangered or threatened species; and (viii) the protection of environmentally sensitive areas. ERISA shall mean the Employee Retirement Income Security Act of 1974, as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Affiliate shall mean, at any time, any trade or business (whether or not incorporated) under common control with any Loan Party the Borrower and are treated as a single employer under Section 414 of the Code. ERISA Event shall mean (a) a reportable event (under Section 4043 of ERISA and regulations thereunder) with respect to a Pension Plan for which notice is not waivedPlan; (b) a withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Multiemployer Plan or notification is received by a Loan Party or any ERISA Affiliate that a Multiemployer Plan is in reorganization under Section 4241(a) of ERISAreorganization; (d) the filing of a notice of intent to terminate a Pension Planterminate, the treatment of a Pension Plan amendment as a termination under Section4041 Sections 4041 or 4041A of ERISA, or the receipt of notice by a Loan Party or any ERISA Affiliate that an amendment to any Multiemployer Plan constitutes a termination of the Multiemployer Plan under Section 4041A of ERISA, the commencement of proceedings by the PBGC to terminate a Pension Plan or receipt of notice by a Loan Party or any ERISA Affiliate of the insolvency of a Multiemployer Plan under Section 4245 of ERISAPlan; (e) an event or condition which constitutes grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, upon any Loan Party Borrower or any ERISA Affiliate. ERISA Group shall mean, at any time, the Loan Parties Borrower and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, together with the Loan PartiesBorrower, are treated as a single employer under Section 414 of the Internal Revenue Code. Eurocurrency Liabilities shall have the meaning specified in the definition of LIBOR Reserve Percentage. Event of Default shall mean any of the events described in Section 9.1 [Events of Default] and referred to therein as an “"Event of Default.” " Excluded Taxes shall mean, mean any of the following Taxes imposed on or with respect to the Administrative Agent, any Lender, the Issuing Lender a Recipient or any other recipient of any required to be withheld or deducted from a payment to be made by or on account of any obligation of the Borrowers hereundera Recipient, (ai) taxes Taxes imposed on or measured by its overall net income (however denominated), franchise Taxes, and franchise taxes branch profits Taxes, in each case, (a) imposed on it (in lieu as a result of net income taxes), by the jurisdiction (or any political subdivision thereof) such Recipient being organized under the Laws of which such recipient is organized laws of, or in which having its principal office is located or, in the case of any Lender, in which its applicable lending office is locatedlocated in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which any Borrower is located and that are Other Connection Taxes, (cii) in the case of a Foreign Lender, any U.S. federal withholding tax that is Taxes imposed on amounts payable to or for the account of such Foreign Lender at with respect to an applicable interest in a Loan or Commitment pursuant to a law in effect on the time date on which (a) such Foreign Lender becomes a party hereto (acquires such interest in such Loan or designates a new lending office) or is attributable to such Foreign Lender’s failure or inability Commitment (other than as a result pursuant to an assignment request by the Borrower under Section 5.6.2 [Replacement of a Change Lender]) or (b) such Lender changes its lending office, except in Law) each case to comply with the extent that, pursuant to Section 5.9.5 5.9.7 [Status of Lenders], amounts with respect to such Taxes were payable either to such Lender's assignor immediately before such Lender became a party hereto or to such Lender immediately before it changed its lending office, (iii) Taxes attributable to such Recipient's failure to comply with 5.9.7 [Status of Lenders], and (iv) any U.S. federal withholding Taxes imposed under FATCA (except to the extent that such Foreign Lender (imposed due to the failure of the Borrower to provide documentation or its assignor, if any) was entitled, at information to the time of designation of a new lending office (or assignmentIRS), to receive additional amounts from any Borrower with respect to such withholding tax pursuant to Section 5.9.1 [Payment Free of Taxes].

Dollar, Dollars, U.S. Dollars and the symbol $ shall mean lawful money of the United States of America. Domestic Person shall mean an entity organized under the laws of any state of the United States of America or the District of Columbia. Drawing Date shall have the meaning specified in Section 2.8.3 2.7.3 [Disbursements, Reimbursement]. Dunkirk shall mean Dunkirk Specialty Steel, LLC, a Delaware limited liability company. Environmental Laws shall mean all applicable federal, state, local, tribal, territorial and foreign Laws (including common law), constitutions, statutes, treaties, regulations, rules, ordinances and codes and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health from exposure to regulated substances; (iii) protection of the environment and/or natural resources; (iv) employee safety in the workplace; (v) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, packaging, sale, transport, storage, collection, distribution, disposal or release or threat of release of regulated substances; (vi) the presence of contamination; (vii) the protection of endangered or threatened species; and (viii) the protection of environmentally sensitive areas. ERISA shall mean the Employee Retirement Income Security Act of 1974, as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Affiliate shall mean, at any time, any trade or business (whether or not incorporated) under common control Control with any Loan Party of the Borrowers and are treated as a single employer under Section 414 of the Code. ERISA Event shall mean (a) a reportable event (under Section 4043 of ERISA and regulations thereunder) with respect to a Pension Plan for which notice is not waivedPlan; (b) a withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal by any Loan Party Borrower or any ERISA Affiliate from a Multiemployer Plan or notification is received by a Loan Party or any ERISA Affiliate that a Multiemployer Plan is in reorganization under Section 4241(a) of ERISAreorganization; (d) the filing of a notice of intent to terminate a Pension Planterminate, the treatment of a Pension Plan amendment as a termination under Section4041 Sections 4041 or 4041A of ERISAERISA of, or the receipt of notice by a Loan Party or any ERISA Affiliate that an amendment to any Multiemployer Plan constitutes a termination of the Multiemployer Plan under Section 4041A of ERISA, the commencement of proceedings by the PBGC to terminate terminate, a Pension Plan or receipt of notice by a Loan Party or any ERISA Affiliate of the insolvency of a Multiemployer Plan under Section 4245 of ERISAPlan; (e) an event or condition which constitutes grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISAERISA or contributions due but not delinquent, upon any Loan Party Borrower or any ERISA Affiliate. ERISA Group shall mean, at any time, the Loan Parties and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, together with the Loan Parties, are treated as a single employer under Section 414 of the Internal Revenue Code. Eurocurrency Liabilities shall have the meaning specified in the definition of LIBOR Reserve Percentage. Event of Default shall mean any of the events described in Section 9.1 [Events of Default] and referred to therein as an “Event of Default.” Excluded Taxes shall mean, with respect to the Administrative Agent, any Lender, the Issuing Lender or any other recipient of any payment to be made by or on account of any obligation of the Borrowers hereunder, (a) taxes imposed on or measured by its overall net income (however denominated), and franchise taxes imposed on it (in lieu of net income taxes), by the jurisdiction (or any political subdivision thereof) under the Laws of which such recipient is organized or in which its principal office is located or, in the case of any Lender, in which its applicable lending office is located, (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which any Borrower is located and (c) in the case of a Foreign Lender, any withholding tax that is imposed on amounts payable to such Foreign Lender at the time such Foreign Lender becomes a party hereto (or designates a new lending office) or is attributable to such Foreign Lender’s failure or inability (other than as a result of a Change in Law) to comply with Section 5.9.5 [Status of Lenders], except to the extent that such Foreign Lender (or its assignor, if any) was entitled, at the time of designation of a new lending office (or assignment), to receive additional amounts from any Borrower with respect to such withholding tax pursuant to Section 5.9.1 [Payment Free of Taxes].