U.S. Qualified Lender definition

U.S. Qualified Lender means, as of any date of determination, a U.S. Lender that (a) has committed hereunder to make U.S. Committed Loans in the applicable currency requested by a U.S. Borrower to be funded under the U.S. Tranche, (b) is capable of making the requested U.S. Committed Loans to the Foreign Borrower requesting such U.S. Committed Loan without the imposition of any withholding taxes and (c) to the extent the U.S. Borrower requesting U.S. Loans is a Japanese Borrower, is not a Non-Qualified Japan Lender.
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U.S. Qualified Lender means, as of any date of determination, a U.S. Lender that (a) has committed hereunder to make U.S. Loans in the applicable currency requested by a U.S. Borrower to be funded under the U.S. Tranche, (b) is capable of making the requested U.S. Loans to the Foreign Borrower requesting such U.S. Loan without the imposition of any withholding taxes and (c) to the extent the U.S. Borrower requesting U.S. Loans is a Japanese Borrower, is not a Non-Qualified Japan Lender.
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U.S. Qualified Lender means, as of any date of determination, a U.S. Lender that (a) has committed hereunder to make U.S. Committed Loans in the applicable currency requested by a U.S. Borrower to be funded under the U.S. Tranche, (b) is capable of making the requested U.S. Committed Loans to the applicable Foreign Borrower requesting such U.S. Committed Loan without the imposition of any withholding taxes, and (c) to the extent the U.S. Borrower requesting a U.S. Committed Loan is a TMK, is an institution from which such U.S. Borrower may, pursuant to the Laws of Japan, borrow money.
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More Definitions of U.S. Qualified Lender

U.S. Qualified Lender means a Lender which:
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U.S. Qualified Lender means a Person (a) which is (i) a corporation, partnership or other entity created, organized or incorporated under the laws of the United States or a State thereof (including the District of Columbia) (any such Person being hereinafter referred to as a “United States Person”) provided, however, that in the case of any Person other than a corporation, such Person is not subject to “backup withholding” under Code Section 3406; (ii) not a United States Person but is acting through a lending office located in the United States in a manner that results in a zero rate of withholding on any U.S. source payments made to such Person by a resident of the United States; or (iii) not a United States Person but is a “qualified resident” under an income tax convention between the United States and the country of residence of such Person and such convention provides for a zero rate of withholding on any U.S.-source Payments made to such Lender by a resident of the United States; (b) in respect of which there has been no determination that such Person is a “conduit entity” within the meaning of section 1.881-3(a)(4) of the United States Treasury Regulations with respect to Loans, advances and extensions of credit to the U.S. Borrower and that it is participating as a Lender pursuant to a “tax avoidance plan”; and (c) which has properly completed and timely filed with the U.S. Borrower all documentation required under the Code in order to entitle such Person to a complete exemption from withholding of any and all United States federal income taxes on all Payments made to such Person in connection with such Loans, advances and extensions of credit.
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Related to U.S. Qualified Lender

  • 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.

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

  • Disqualified Lenders means any direct competitor of Holdings or any of its Subsidiaries, in each case, identified by such Person’s name in a written notice to the Administrative Agent delivered at any time after the Closing Date, which notice (A) shall be mutually acceptable to the Administrative Agent and the Borrower, (B) may be made available by the Administrative Agent on a Platform accessible by all Lenders and (C) shall become effective two Business Days after the posting thereof; provided that any such notice may be updated from time to time (a) to include (i) additional direct competitors of Holdings or any of its Subsidiaries identified by such Person’s name or (ii) Affiliates of such competitors that are either (x) identified by such Person’s name or (y) readily identifiable as such on the basis of such Affiliate’s name, (b) may be made available by the Administrative Agent on a Platform accessible by all Lenders, (c) shall be in form satisfactory to the Administrative Agent and (d) shall become effective two Business Days after the posting thereof. Notwithstanding the foregoing, in no event shall (1) any such update apply retroactively to disqualify any Persons that have previously acquired an assignment or participation interest in the Loans and/or Revolving Credit Commitments, Extended Revolving Credit Commitments or Replaced Revolving Commitments as permitted herein and (2) any bona fide debt fund, investment vehicle, regulated banking entity or non-regulated lending entity that is primarily engaged in making, purchasing, holding or otherwise investing in commercial loans or bonds and/or similar extensions of credit in the ordinary course of business which is managed, sponsored or advised by any Person Controlling, Controlled by or under common Control with a competitor of Holdings or any of its Subsidiaries or its Controlling owner and for which no personnel involved with the competitive activities of such competitor or Controlling owner (I) makes any investment decisions for such debt fund or (II) has access to any confidential information (other than publicly available information) relating to the Borrower and its Subsidiaries be deemed a Disqualified Lender.

  • Qualified Loan means a loan made under this act or former 1961 PA 108 from this state to a school district to pay debt service on a qualified bond.

  • 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).

  • Specified Loan Party means any Loan Party that is not then an “eligible contract participant” under the Commodity Exchange Act (determined prior to giving effect to Section 10.11).

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

  • Qualified Institutional Lender means each of the Initial Note Holders and any other U.S. Person that is:

  • Approved Lender is defined in Section 12.1.

  • Qualified Bank means a U.S. commercial bank or the U.S. branch office of a foreign bank, in either case, having (x) assets on its most recent audited balance sheet of at least $10,000,000,000 and (y) a rating for its senior long-term unsecured debt obligations of at least (A) “A-” by S&P and “A3” by Moody’s, if such entity is rated by both S&P and Moody’s or (B) “A-” by S&P or “A3” by Moody’s, if such entity is rated by either S&P or Moody’s but not both.

  • Affiliated Lender means, at any time, any Lender that is the Sponsor or an Affiliate of the Sponsor (other than Holdings, the Borrower or any of their respective Subsidiaries) at such time.

  • Qualified Financial Institution means, at any time, a financial institution organized under the laws of any jurisdiction in the United States of America or Europe that at such time has outstanding debt obligations with a stated maturity of one year or less from the date of issue and rated A-1 or higher by Standard & Poor’s, a division of The McGraw Hill Companies, Inc., Ratings Group (or any successor) or P-1 or higher by Moody’s Investors Service, Inc. (or any successor) or, in either case, such other comparable rating, if any, then used by such rating agency.

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Designated Lender shall have the meaning set forth in Section 16.2(b) hereof.

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

  • Affiliated Lender Cap has the meaning assigned to such term in Section 9.05(g)(iv).

  • L/C Lender a Lender with an L/C Commitment.

  • 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.

  • VA Approved Lender means a lender which is approved by the VA to act as a lender in connection with the origination of VA Loans.

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

  • Qualified United States financial institution means an institution that:

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

  • Qualified ECP Loan Party means each Borrower or Guarantor that on the Eligibility Date is (a) a corporation, partnership, proprietorship, organization, trust, or other entity other than a “commodity pool” as defined in Section 1a(10) of the CEA and CFTC regulations thereunder that has total assets exceeding $10,000,000 or (b) an Eligible Contract Participant that can cause another person to qualify as an Eligible Contract Participant on the Eligibility Date under Section 1a(18)(A)(v)(II) of the CEA by entering into or otherwise providing a “letter of credit or keepwell, support, or other agreement” for purposes of Section 1a(18)(A)(v)(II) of the CEA.

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

  • Refinancing Lender has the meaning set forth in Section 2.15(c).