French Qualifying Lender means (i) a credit institution (établissement de crédit) licensed for the purpose of carrying out credit transactions (operations de crédit) by the relevant Governmental Authorities of France; (ii) a credit institution (établissement de crédit) having its registered office in a member state of the European Union or in a state which is a party to the Treaty on the European Economic Area, so long as the relevant Governmental Authorities of France have been notified in advance by the relevant Governmental Authority of such state; provided, that such credit institution carries out in France only those credit transactions which it is authorized to carry out in the state in which its registered office is located; or (iii) a financial institution (établissement financier) having its registered office in a member state of the European Union or in a state which is a party to the Treaty on the European Economic Area, which has obtained a certificate from the relevant Governmental Authority of such state certifying that it meets the conditions required for that purpose by such Governmental Authority, so long as the relevant French authorities have been notified in advance by the relevant Governmental Authorities of such state; provided, that such financial institution carries out in France only those credit transactions which it is authorized to carry out in the state in which its registered office is located. For purposes of this definition, “notified in advance” refers to the satisfaction of the formalities required to benefit from applicable European passporting provisions (including the transmission by a local regulator to the French banking authority of a notice received from a financial institution to the effect that such institution intends to trade in France on a remote basis pursuant to the European passporting regulations).
French Qualifying Lender means a Lender which: (a) fulfills the conditions imposed by French Law in order for a payment from a French Borrower under a Loan Document not to be subject to (or as the case may be, to be exempt from) any French Tax Deduction; or (b) is a French Treaty Lender.
French Qualifying Lender means a Lender which is:
Examples of French Qualifying Lender in a sentence
Upon any such resignation, the Required Lenders shall have the right, in consultation with the Borrowers, to appoint a successor (which shall, in the case of the European Administrative Agent, be an Affiliate of the Administrative Agent that is a French Qualifying Lender acting through an office in the United Kingdom).
French Qualifying Lender has the meaning given to it in Clause 18 (Tax Gross Up and Indemnities).
More Definitions of French Qualifying Lender
French Qualifying Lender means any credit institution (établissment de credit) licensed to carry out credit transactions (operations de credit) in France (either pursuant to a license granted by the French banking authorities or, provided that the relevant formalities have been duly complied with, pursuant to the provisions of Directive 2006/48/EC of the European Parliament and Council of June 2006 relating to the taking up and pursuit of the business of credit institutions).
French Qualifying Lender means in respect of a payment of interest due from a French Borrower, a Lender which:
French Qualifying Lender means a Lender which: (i) fulfils the conditions imposed by French Law in order for payments under the Finance Documents not to be subject to (or as the case may be, to be exempt from) any Tax Deduction; or (ii) is a French Treaty Lender. "French Treaty Lender" means, in relation to a payment by a French Obligor under a Finance Document, a Lender which: (i) is treated as resident of a French Treaty State for the purposes of the French Treaty; (ii) does not carry on business in France through a permanent establishment with which that Lender's participation in the Loan is effectively connected; (iii) is acting from a Facility Office situated in its jurisdiction of incorporation; and (iv) fulfils any other conditions which must be fulfilled under the French Treaty by residents of the French Treaty State for such residents to obtain exemption from Tax imposed by France on payments under the Finance Documents, subject to the completion of any necessary procedural formalities. "French Treaty State" means a jurisdiction having a double taxation agreement with France (a "French Treaty"), which makes provision for full exemption from Tax imposed by France on payments under the Finance Documents. "Protected Party" means a Finance Party which is or will be subject to any liability, or required to make any payment, for or on account of Tax in relation to a sum received or receivable (or any sum deemed for the purposes of Tax to be received or receivable) under a Finance Document. "Qualifying Lender" means a Lender which is: (i) in relation to a French Obligor, a French Qualifying Lender, and (ii) in relation to a U.S. Obligor, a U.S. Qualifying Lender. "Tax Credit" means a credit against, relief or remission for, or repayment of any Tax.
French Qualifying Lender has the meaning given to it in Clause 18 (Tax Gross Up and Indemnities).
French Qualifying Lender means a Lender, irrespective of its tax residency, which in respect of a payment of interest: (i) fulfils the conditions imposed by French Applicable Law at the Closing Date in order for such payment not to be subject to (or as the case may be, to be exempt from) any Tax Deduction or (ii) is a French Treaty Lender.
French Qualifying Lender means (i) a credit institution (établissement de crédit) licensed for the purpose of carrying out credit transactions (opérations de crédit) by the relevant Governmental Authorities of France; (ii) a credit institution ( établissement de crédit) having its registered office in a member state of the European Union or in a state which is a party to the Treaty on the European Economic Area, so long as the relevant Governmental Authorities of France have been notified in advance by the relevant Governmental Authority of such state; provided, that such credit institution carries out in France only those credit transactions which it is authorized to carry out in the state in which is registered office is located; or (iii) a financial institution ( établissement financier) having its registered office in a member state of the European Union or in a state which is a party to the Treaty on the European Economic Area, which has obtained a certificate from the relevant Governmental Authority of such state certifying that it meets the conditions required for that purpose by such Governmental Authority, so long as the relevant French authorities have been notified in advance by the relevant Governmental Authorities of such state; provided, that such financial institution carries out in France only those credit transactions which it is authorized to carry out in the state in which is registered office is located. For purposes of this definition, “notified in advance” refers to the satisfaction of the formalities required to benefit from applicable European passporting provisions (including the transmission by a local regulator to the French banking authority of a notice received from a financial institution to the effect that such institution intends to trade in France on a remote basis pursuant to the European passporting regulations).
French Qualifying Lender means (i) a credit institution (etablissement de credit) licensed for the purpose of credit transactions (operations de credit) by the relevant French authorities; or (ii) a credit institution (etablissement de credit) having its registered office in a member state of the European Union or in a state which is a party to the treaty on the European Economic Area, so long as the relevant French authorities have been notified in advance by the relevant authority of such state and provided that such institution carries out only those credit transactions which it is authorized to carry out in its own state.