Non-Qualifying Lender definition

Non-Qualifying Lender means a Lender that is not (a) a U.S. citizen, (b) a “resident of a member State of the European Union” or (c) a “resident of a state that is party to NAFTA”, in each case for purposes of the Convention between the government of the United States and the government of Luxembourg For the Avoidance of Double Taxation, as the same may be amended from time to time. For the avoidance of doubt, any Lender that is a U.S. corporation that is publicly traded, or is a Subsidiary of a publicly traded U.S. corporation, shall not be treated as a Non-Qualifying Lender.
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Non-Qualifying Lender means any Lender other than a Qualifying Lender.
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Non-Qualifying Lender means any Lender or Issuing Bank that is not a Qualifying Lender.
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Examples of Non-Qualifying Lender in a sentence

  • Any Person that shall become a successor, assign or Participant with respect to any Lender pursuant to this Agreement shall be deemed to have represented and warranted that it is a Swiss Qualifying Lender and has not entered into a participation arrangement with respect to this Agreement with any Person that is a Swiss Non-Qualifying Lender or, if not, such Person accounts as one single creditor for purposes of the Swiss Non-Bank Rules.

  • Each Lender shall promptly notify the Company and the Administrative Agent if for any reason it ceases to be a Swiss Qualifying Lender and/or it enters into a participation arrangement with respect to this Agreement with any Person that is a Swiss Non-Qualifying Lender.

  • Each Lender represents and warrants to the Loan Parties that, on the date of this Agreement (or, if later, the date such Lender becomes a party hereto), unless notified in writing to the Company and the Administrative Agent prior to the Effective Date (or such later date), it is a Swiss Qualifying Lender and has not entered into a participation arrangement with respect to this Agreement with any Person that is a Swiss Non-Qualifying Lender.

  • Participant hereby confirms that, as of date set forth below (check one): ¨ Participant is a Swiss Qualifying Lender and has not entered into a participation (including a sub-participation) arrangement with respect to the Credit Agreement with any Person that is a Swiss Non-Qualifying Lender.

  • A Participant that would be a Non-Qualifying Lender if it were a Lender shall not be entitled to the benefits of Section 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 2.15(e) as though it were a Lender.

  • Any shares of Common Stock underlying Awards granted in assumption of, or in substitution for, outstanding awards previously granted by a company acquired by the Corporation or any subsidiary or affiliate thereof or with which the Corporation or any subsidiary or affiliate thereof combines, shall not, unless required by law or regulation, count against the reserve of available shares of Common Stock under the Plan.

  • A Participant that would be a Non-Qualifying Lender if it were a Lender shall not be entitled to the benefits of Section 2.15 unless the Initial Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 2.15(e) as though it were a Lender.

  • The Company shall not consent to a Transfer unless the Transfer is (i) to a Qualifying Bank (as defined in the Note), (ii) to an Existing Securityholder or (iii) compliant with the Permitted Non-Qualifying Lender Rule (as defined in the Note) in each case of which the Company shall not be entitled to refuse its consent.

  • Participant hereby confirms that, as of date set forth below (check one): ð Participant is a Swiss Qualifying Lender and has not entered into a participation (including a sub-participation) arrangement with respect to the Credit Agreement with any Person that is a Swiss Non-Qualifying Lender.

  • Participant hereby confirms that, as of date set forth below (check one): ¨ Participant is a Swiss Qualifying Lender and [has/has not] entered into a participation (including a sub-participation) arrangement with respect to the Credit Agreement with any Person that is a Swiss Non-Qualifying Lender.


More Definitions of Non-Qualifying Lender

Non-Qualifying Lender shall have the meaning set out in Section 7.3(c).
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Non-Qualifying Lender means a Person that is not a Qualifying Lender.
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Non-Qualifying Lender means a Lender that is not a Qualifying Lender that has been approved as a Non-Qualifying Lender for purposes of this Agreement by the Foreign Currency Lead Lender and the Swing Line Lender in their sole discretion.
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Related to Non-Qualifying Lender

  • 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:

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

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

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

  • 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.

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

  • Notifying Lender has the meaning given in Clause 23.1 or Clause 24.1 as the context requires;

  • Continuing Lender as defined in Section 2.17(a).

  • Non-Qualifying Party means any Borrower or any Guarantor that on the Eligibility Date fails for any reason to qualify as an Eligible Contract Participant.

  • New Non-Qualifying Jobs means the number of Non-Qualifying Jobs, as defined in 34 TEXAS ADMIN. CODE Section 9.1051(14), to be created by the Applicant after the Application Approval Date in connection with the project which is the subject of its Application.

  • Declining Lender has the meaning specified in Section 2.05(c).

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

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

  • Net Qualifying Capacity has the meaning set forth in the CAISO Tariff.

  • 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.

  • Continuing Lenders as defined in the recitals hereto.

  • Additional Revolving Lender means any Lender with an Additional Revolving Credit Commitment or any Additional Revolving Credit Exposure.

  • Additional Commitment Lender shall have the meaning provided in Section 2.15(c).

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

  • New Qualifying Jobs means the total number of jobs to be created by the Applicant after the Application Approval Date in connection with the project that is the subject of its Application that meet the criteria of Qualifying Job as defined in Section 313.021(3) of the TEXAS TAX CODE and the Comptroller’s Rules.

  • Existing Lender were references to all the Lenders immediately prior to the relevant increase;

  • Increased-Cost Lenders as defined in Section 2.23.

  • Incremental Revolving Lender means a Lender with an Incremental Revolving Commitment.

  • Required Term B Lenders means, as of any date of determination, Term B Lenders holding more than 50% of the Term B Facility on such date; provided that the portion of the Term B Facility held by any Defaulting Lender shall be excluded for purposes of making a determination of Required Term B Lenders.

  • Increased Cost Lender as defined in Section 2.23.

  • Qualifying loss means the amount of compensation attributable to a taxpayer’s nonqualified deferred compensation plan, less the receipt of money and property attributable to distributions from the nonqualified deferred compensation plan. Full loss is sustained if no distribution of money and property is made by the nonqualified deferred compensation plan. The taxpayer sustains a qualifying loss only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to that nonqualified deferred compensation plan.