Qualifying Lenders. (a) An Obligor is not required to pay to a Lender any amounts under Clause 10.1 (Gross-up) or Clause 10.2 (Indemnity) in respect of Relevant Tax imposed by the United Kingdom if, on the date on which the payment falls due, the relevant Lender is a Party but is not a Qualifying Lender (other than as a result of the introduction, suspension, withdrawal or cancellation of, or change in, or change in the official interpretation, administration or official application of, any law, regulation having the force of law, tax treaty or any published practice or published concession of any relevant taxing authority in any jurisdiction with which the relevant Lender has a connection, occurring after the Signing Date or, if later, the date on which that Lender becomes a Party).
Qualifying Lenders. Any Lender which ceases, for any reason, to be a Qualifying Lender shall promptly notify ABB and the relevant Obligor(s) of its change of status.
Qualifying Lenders. If it has not done so already, on the date it becomes a Lender each Lender agrees to notify the Facility Agent and the Company if it is not a Qualifying Lender (in relation to an Obligor to which it makes a Facility available under this Agreement) and thereafter will promptly notify the Facility Agent and the Company if it ceases to be a Qualifying Lender (in relation to that Facility). If any Lender is not or ceases to be a Qualifying Lender, then (save in circumstances where such Lender ceases to be a Qualifying Lender by reason of any change in law, regulation or double taxation treaty or in its application or interpretation, in each case taking effect after the date of this Agreement or the date such Lender becomes a party to this Agreement, if later) any Obligor tax resident in Ireland shall not be liable to pay to that Lender under Subclauses 15.1 (Grossing-up for Taxes) or 15.2 (Tax Indemnity) any sum in excess of the sum it would have been obliged to pay if that Lender had been, or had not ceased to be, a Qualifying Lender. For the purposes of this Subclause 15.3, “
Qualifying Lenders. In order to establish its status as a Qualifying Lender, each ECA Lender (and any person who becomes an ECA Lender other than the Export Credit Agencies) agrees to provide, on or before the date of the first payment of interest to be made by the Borrower to that ECA Lender under the ECA Loan Agreement and from time to time thereafter as the Head Lessee may reasonably request, any forms and any certificates necessary to provide an exemption from withholding, or to permit withholding at a reduced rate, with respect to such ECA Lender for Irish income tax purposes
Qualifying Lenders. In connection with the Revolving Loans made by each Lender to the Foreign Borrowers, each Lender represents to the Administrative Agent and First Chicago London that it (or its Eurocurrency Affiliate through which it is making such Revolving Loans) is a Qualifying Lender.
Qualifying Lenders. (A) If any Facility A Lender, Facility B Lender, Facility C Lender or Facility D Lender is not or ceases to be a Qualifying Lender, then (save in circumstances where such Lender has ceased to be a Qualifying Lender by reason of any change in any law, directive or regulation or in its application or interpretation, in each case taking effect after the date of this Agreement) the Borrower shall not be liable to pay to that Lender under clause 8.7 any sum in excess of the sum it would have been obliged to pay if that Lender had been, or had not ceased to be, a Qualifying Lender.
Qualifying Lenders. 30.3.1 Subject to sub-clause 30.3.3 below, or save as may be otherwise agreed by the Agent and the Company (such agreement not to be unreasonably withheld), no Lender may:
Qualifying Lenders. (a) If any Lender is a Party but is not a Qualifying Lender (other than as a result of the introduction, suspension, withdrawal or cancellation of, or change in, or change in the official interpretation, administration or official application of, any law, regulation having the force of law, tax treaty or any published practice or published concession of the UK Inland Revenue or any other relevant taxing or fiscal authority in any jurisdiction with which the relevant Lender has a connection, occurring after the Signing Date or, if later, the date on which that Lender becomes a Party), then no Obligor resident in the UK for the purposes of UK taxation shall be liable to pay to that Lender under Clause 10.1 (Gross-up) or Clause 10.2 (Indemnity) any amount in respect of taxes levied or imposed by the UK or any taxing authority of or in the UK in excess of the amount (if any) it would have been obliged to pay if that Lender had been a Qualifying Lender.
Qualifying Lenders. Each Lender confirms as at the date hereof, or, in the case of a Lender which is a Transferee, successor in title or assign, on the date of the relevant transfer, assignment or succession, that it is a Qualifying Lender. If otherwise than as a result of the introduction of, change in, or change in the interpretation or application of, any law or regulation or any published practice or published concession of a relevant taxing authority occurring after the date of this Agreement or the date upon which any rights under this Agreement were assigned or transferred to that Lender as Transferee or assignee or the date upon which it succeeded to such rights as successor in title, a Lender is not or ceases to be a Qualifying Lender the Borrower shall not be required to pay to such Lender under this Clause 14 any amount in respect of Taxes in excess of the amount it would have been obliged to pay if that Lender had been or had not ceased to be a Qualifying Lender.
