Applicable Intermediary definition
Examples of Applicable Intermediary in a sentence
The term "Applicable Intermediary" shall mean an affiliate of Intermediary that is (i) any broker, dealer, bank or other entity that holds securities of record issued by a Fund in nominee name; and (ii) in the case of a participant-directed employee benefit plan that owns securities issued by a Fund, (1) a retirement plan administrator under the Employee Retirement Income Security Act of 1974, or (2) any entity that maintains the plan's participant records.
The Intermediary acknowledges and agrees that the Intermediary has identified and/or will identify to NBMI all persons affiliated with the Intermediary and known to the Intermediary who meet the definition of "Applicable Intermediary" as set forth in Section 4 herein.
In addition, the Borrower shall not take any affirmative action which would cause it, or any Borrower Subsidiary (other than an Applicable Intermediary that must be a tax resident in a country other than Ireland for purposes of eliminating or minimizing withholding or similar taxes with respect to lease payments to be paid by a Lessee (an “Exempted Applicable Intermediary”)) to no longer be a tax resident in Ireland.
Any amount so retained will be freely available for use by the relevant Aircraft Owning Entity or Applicable Intermediary, as the case may be.
Ensure that if any maintenance reserve or other reserve with respect to any Financed Aircraft or Engine is required to be deposited with, or for the benefit of, any Credit Party by any Applicable Carrier or Applicable Intermediary pursuant to any lease, Carrier Loan Document or otherwise, such reserve shall be maintained in an account at NationsBank.
Each of the Borrower and each Borrower Subsidiary has only one jurisdiction of formation, incorporation, or organization, except that each of Avolon, the Borrower, each of the Aircraft Owning Entities and each Applicable Intermediary (other than an Exempted Applicable Intermediary) is a resident of Ireland for tax purposes.
The Borrower shall take all affirmative action which are needed to cause it, or any Borrower Subsidiary (other than an Exempted Applicable Intermediary) to be tax resident in Ireland.