Lma Funded Participation Agreement

5 transferees or the rights acquired by that purchaser and the commitments made by that purchaser instead of the `financed participation`. “FATCA”: (c) Sections 1471 through 1474 of the 1986 United States Internal Income Code (the “Code”) or provisions thereof; treaties, laws, rules of another jurisdiction, or an intergovernmental agreement between the United States and another jurisdiction facilitating (in both cases) the implementation of a law or regulation referred to in the preceding paragraph; or an agreement pursuant to the implementation of a contract, law, or regulation referred to in paragraphs or more, with the U.S. Internal Revenue Service, the U.S. Government, or a government or tax department in another jurisdiction. “FATCA Exempt Party”, a party who is entitled to receive payments without deduction fatca. “FATCA deduction” means a deduction or withholding that FATCA requires from a payment in connection with the funded participation. “surety” means any person who has given the licensor (or a person acting on behalf of the licensor) any guarantee, indemnity, objection, interest or other loss insurance in respect of a borrower`s obligations to the licensor in respect of a participating tranche or loan. “interest”, unless the context so requires, means all interest received or paid by the licensor on a loan. `lender` means any person originally designated as the lender in the credit agreement and his successors and assigns from time to time; “loan” means the nominal amount of a loan contracted or to be taken out by a borrower under a participating tranche (including PIK interest activated from time to time) or the principal amount outstanding of that loan.

`majority participant` means at any time a majority majority of participants who have the right to vote and who vote (within a period reasonably requested by the licensor) on a matter on which they have the right to vote, with which the licensor has entered into participation agreements or similar arrangements concerning a loan or undertaking and whose holdings or similar arrangements have not yet been entered into by that date; and, for that purpose, the licensor shall be deemed to be a participant in respect of a loan or bond in which it has not participated or in which it has not participated, but in which the participant does not have the right to vote or has not exercised its right to vote. . . .

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