Qualifying Lender. Funding 1 shall not be required to pay an additional amount as referred to in CLAUSE 10.1 (Gross-up) above in respect of any deduction or withholding for or on account of any Taxes levied or imposed by the United Kingdom (or any taxing authority of or in the United Kingdom) from a payment of interest, if on the date on which the payment falls due:
Qualifying Lender. (a) a Lender (other than a Lender within clause (b) below) which is beneficially entitled to interest payable to that Lender in respect of an advance and is:
Qualifying Lender a lender which either:
Qualifying Lender. If a New Lender fails to indicate its status in accordance with this Clause 13.6 then such New Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the COFACE Agent which category applies (and the COFACE Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 13.6.
Qualifying Lender. (a) a Lender that is beneficially entitled to interest payable to that Lender in respect of an advance under a Loan Document and is (i) a Lender: (A) that is a bank (as defined for the purpose of section 879 of the U.K. ITA) making an advance under a Loan Document and is within the charge to U.K. corporation tax as respects any payments of interest made in respect of that advance or would be within such charge as respects such payments apart from section 18A of the U.K. CTA; or (B) in respect of an advance made under a Loan Document by a person that was a bank (as defined for the purpose of section 879 of the U.K. ITA) at the time such advance was made and within the charge to U.K. corporation tax as respects any payments of interest made in respect to such advance, (ii) a Lender which is (A) a company resident in the U.K. for U.K. tax purposes, (B) a partnership, each member of which is (x) a company so resident in the U.K.; or (y) a company not so resident in the U.K. which carries on a trade in the U.K. through a permanent establishment and which brings into account in computing its chargeable profits (within the meaning of section 19 of the U.K. CTA) the whole or any share of the interest payable in respect of that advance that falls to it by reason of Part 17 of the U.K. CTA; or (C) a company not so resident in the U.K. which carries on a trade in the U.K. through a permanent establishment and which brings into account interest payable in respect of that advance in computing its chargeable profits (within the meaning of section 19 of the U.K. CTA) or (iii) a U.K. Treaty Lender; or (b) a Lender which is a building society (as defined for the purpose of section 880 of the U.K. ITA) making an advance under a Loan Document.
Qualifying Lender. Any Bank which ceases, for whatever reason, to be a Qualifying Lender shall promptly notify the Borrower of that change in its status.
Qualifying Lender. Any Lender which ceases, for whatever reason, to be a Qualifying Lender shall promptly notify the Borrower of that change in its status.
Qualifying Lender. An Obligor is not required to make an increased payment to a Lender under Clause 14.2 (Tax gross-up and tax indemnity) for any deduction as set out therein in respect of tax imposed in Ireland from a payment of interest under this Agreement, if on the date on which the payment falls due the payment could have been made to the relevant Lender without such deduction if it was a Qualifying Lender, but on that date that Lender is not or has ceased to be a Qualifying Lender other than as a result of any change after the date it became a Lender under this Agreement in (or in the interpretation, administration, or application of) any law or treaty, or any published practice or concession of any relevant taxing authority.
Qualifying Lender. (f) If a Lender fails to indicate its status in accordance with Clause 4.3(e) then such Lender shall be treated for the purposes of this Agreement (including by the Borrower) as if it is not a Qualifying Lender until such time as it notifies the Borrower which category applies. The Lender shall from time to time provide such documents and other information which demonstrates its status as a Qualifying Lender (including, without limitation, any proof of the tax residency of the Lender) as the Borrower may reasonably require in connection with any request from the Revenue Commissioners to the Borrower in relation to same.
Qualifying Lender. It is and will remain a Qualifying Lender.
