EXEMPT US LENDER definition

EXEMPT US LENDER means a Lender that certifies (whether pursuant to Section 2.21(e) or 10.7) that it (i) is (a) a resident of Canada within the meaning of the Income Tax Act (Canada) (or is a Canadian Partnership as defined in the Income Tax Act (Canada)) or (b) an authorized foreign
Sample 1
EXEMPT US LENDER means a Lender that certifies (whether pursuant to Section 2.21(e) or 10.7) that (a) such Lender is a “United States person” as that term is defined in Section 7701 of the Code; (b) such Lender is not a “United States person” as that term is defined in Section 7701 of the Code and all amounts payable to such Lender hereunder are effectively connected with the conduct of its trade or business within the United States; or (c) such Lender (or if such Lender is a “flow-through entity” within the meaning of United States Treasury Regulation Section 1.1441-1(c)(23), each of its beneficial owners and/or interest holders) (A) meets all the requirements under Code Section 871(h)(3) or Code Section 881(c)(3) or an applicable income tax treaty between the United States and such Lender’s jurisdiction to be eligible for a complete exemption from withholding of United States taxes under Code Section 1441 or Code Section 1442 on interest payments made to it hereunder and (B) is a Person as to whom the US Revolving Credit Loan commitment fees are not subject to U.S. federal income taxation under an applicable income tax treaty.
Sample 1

Related to EXEMPT US LENDER

  • Non-U.S. Lender means a Lender that is not a U.S. Person.

  • Non-U.S. Lender Party means each of Agent, each Lender, each L/C Issuer, each SPV and each participant, in each case that is not a United States person as defined in Section 7701(a)(30) of the Code.

  • U.S. Lender means any Lender that is a “United States person” as defined in Section 7701(a)(30) of the Code.

  • U.S. Lender Party means each of Agent, each Lender, each L/C Issuer, each SPV and each participant, in each case that is a United States person as defined in Section 7701(a)(30) of the Code.

  • Qualified Lender means a lender approved by the federal department of housing and urban development to enter into a loan insured by the federal government under 12 USC 1715z−20.

  • UK Qualifying Lender means a Lender which is beneficially entitled to interest payable to that Lender in respect of an advance under a Loan Document and is:

  • Identified Qualifying Lenders has the meaning set forth in Section 2.05(a)(v)(D)(3).

  • Qualifying Lender has the meaning set forth in Section 2.05(a)(v)(D)(3).

  • U.S. Lenders means the financial institutions listed on the signature pages of the U.S. Credit Agreement and their respective successors and assigns.

  • Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.

  • Qualifying Lenders has the meaning specified in Section 2.05(d)(iv).

  • Consenting Lender has the meaning specified in Section 2.19(b).

  • Qualifying Bank means any legal entity which is recognized as a bank by the banking laws in force in its country of organization and which has as its principal purpose the active conduct of banking business and conducts such banking business through its own personnel (which have decision making authority) and on its own premises.

  • Restricted Lender means a Lender that fails to approve an amendment, waiver or consent requested by the Loan Parties pursuant to Section 10.01 that has received the written approval of not less than the Required Lenders but also requires the approval of such Lender.

  • Funding Lender means Citibank N.A., a national banking association, and any successor under this Funding Loan Agreement and the Borrower Loan Documents.

  • Participating Lender has the meaning set forth in Section 2.05(a)(v)(C)(2).

  • Disqualified Lender has the meaning specified in Section 10.06(b)(v).

  • Selling Lender has the meaning specified in Section 11.7 (

  • New Revolving Lender as defined in Section 2.24.

  • Revolving Lender means a Lender with a Revolving Commitment or, if the Revolving Commitments have terminated or expired, a Lender with Revolving Exposure.

  • Defaulting Lender means any Lender with respect to which a Lender Default is in effect.

  • Farm Credit Lender means a lending institution organized and existing pursuant to the provisions of the Farm Credit Act of 1971 and under the regulation of the Farm Credit Administration.

  • U.S. Revolving Lender means a Lender with a U.S. Revolving Commitment or, if the U.S. Revolving Commitments have terminated or expired, a Lender with U.S. Revolving Exposure.

  • Revolving Facility Lender means a Lender (including an Incremental Revolving Facility Lender) with a Revolving Facility Commitment or with outstanding Revolving Facility Loans.

  • Tax Lender has the meaning specified therefor in Section 14.2(a) of the Agreement.

  • Designating Lender means, with respect to each Designated Lender, the Lender that designated such Designated Lender pursuant to Section 12.1.2.