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.
UK Non-Bank Lender means where a Lender becomes a Party after the day on which this Agreement is entered into, a Lender which gives a Tax Confirmation in the Assignment Agreement or Transfer Certificate which it executes on becoming a Party.
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).
Swiss Borrower means a Borrower incorporated in Switzerland and/or having its registered office in Switzerland and/or qualifying as a Swiss resident pursuant to Art. 9 of the Swiss Federal Withholding Tax Act.
Treaty Lender means a Lender which:
Identified Qualifying Lenders has the meaning set forth in Section 2.05(a)(v)(D)(3).
Swap Bank means any Lender or an Affiliate of a Lender in its capacity as a party to a Swap Contract entered into after the date of this Agreement.
Notifying Lender has the meaning given in Clause 23.1 or Clause 24.1 as the context requires;
Swiss Withholding Tax means taxes imposed under the Swiss Withholding Tax Act.
Qualifying Lenders has the meaning specified in Section 2.05(d)(iv).
Swiss Withholding Tax Act means the Swiss Federal Act on Withholding Tax of 13 October 1965 (Bundesgesetz über die Verrechnungssteuer), together with the related ordinances, regulations and guidelines, all as amended and applicable from time to time.
Tax Lender has the meaning specified therefor in Section 14.2(a) of the Agreement.
U.S. Lender means any Lender that is a “United States person” as defined in Section 7701(a)(30) of the Code.
Japan Local Currency Bank means each Bank listed on the signature pages of this Addendum or which becomes a party hereto pursuant to an Assignment and Acceptance or an Assumption and Acceptance.
UK Treaty Lender means a Lender which:
Swiss Guarantor means a Guarantor incorporated, or for tax purposes resident, in Switzerland.
ABL Administrative Agent means Bank of America in its capacity as administrative agent and collateral agent under the ABL Facilities Documentation, or any successor administrative agent and collateral agent under the ABL Facilities Documentation.
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.
Revolving Administrative Agent means the administrative agent under the Revolving Credit Agreement.
Qualifying Institution means a United States commercial bank or trust company organized under the laws of the United States of America or a political subdivision thereof having assets of at least Ten Billion Dollars ($10,000,000,000) (net of reserves) and who satisfies the Credit Requirements.
Administrative Agent’s Account means, for each Currency, an account in respect of such Currency designated by the Administrative Agent in a notice to the Borrower and the Lenders.
German Borrower means a Borrower incorporated in Germany.
Funding Bank shall have the meaning given to such term in Section 3.3 hereof.
Local Currency Bank means each Bank listed on the signature pages of this Addendum or which becomes a party hereto pursuant to an Assignment and Acceptance or an Assumption and Acceptance.
Bank Levy means the bank levy which is imposed under section 73 of, and schedule 19 to, the Finance Xxx 0000 (the “UK Bank Levy”) and any levy or Tax of an equivalent nature imposed in any jurisdiction in a similar context or for a similar reason to that in and/or which the UK Bank Levy has been imposed by reference to the equity and liability of a financial institution or other person carrying out financial transactions.