of the Code definition

of the Code. “WEST” means (i) WEST III, (ii) WEST IV, (iii) WEST V, (iv) WEST VI, or (v) WEST VII, in each case in its capacity as the issuer of the indebtedness referenced under either clauses (i), (ii) or (iii) of the definition of “WEST Funding Facility.” “WEST III” means, ▇▇▇▇▇▇ Engine Structured Trust III, a Delaware statutory trust which is a Wholly-Owned Subsidiary of Borrower. “WEST IV” means, ▇▇▇▇▇▇ Engine Structured Trust IV, a Delaware statutory trust which is a Wholly-Owned Subsidiary of Borrower. “WEST V” means, ▇▇▇▇▇▇ Engine Structured Trust V, a Delaware statutory trust which is a Wholly-Owned Subsidiary of Borrower. “WEST VI” means, ▇▇▇▇▇▇ Engine Structured Trust VI, a Delaware statutory trust which is a Wholly-Owned Subsidiary of Borrower. “WEST VII” means, ▇▇▇▇▇▇ Engine Structured Trust VII, a Delaware statutory trust which is a Wholly-Owned Subsidiary of Borrower. “WEST Administrative Agency Agreement” means (i) that certain Administrative Agency Agreement dated August 4, 2017 among WEST III, Borrower, Deutsche Bank Trust Company Americas and each Managed Group Member as defined therein and made a party thereto, (ii) that certain Administrative Agency Agreement dated August 22, 2018 among WEST IV, Borrower, Deutsche Bank Trust Company Americas and each Managed Group Member as defined therein and made a party thereto, as amended, waived, restated, supplemented or otherwise modified from time to time, (iii) that certain Administrative Agency Agreement dated March 3, 2020 among WEST V, Borrower, Deutsche Bank Trust Company Americas and each Managed Group Member as defined therein and made a party thereto, (iv) that certain Administrative Agency Agreement dated May 17, 2021 among WEST VI, Borrower,
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Examples of of the Code in a sentence

  • If the Mortgage Loan was “significantly modified” prior to the Closing Date so as to result in a taxable exchange under Section 1001 of the Code, it either (x) was modified as a result of the default or reasonably foreseeable default of such Mortgage Loan or (y) satisfies the provisions of either sub-clause (B)(a)(i) above (substituting the date of the last such modification for the date the Mortgage Loan was originated) or sub-clause (B)(a)(ii), including the proviso thereto.

  • To the extent that any provision of this Agreement is ambiguous as to its compliance with Section 409A of the Code, the provision shall be read in such a manner so that all payments hereunder comply with Section 409A of the Code.

  • The parties agree that this Agreement may be amended, as reasonably requested by either party, and as may be necessary to fully comply with Section 409A of the Code and all related rules and regulations in order to preserve the payments and benefits provided hereunder without additional cost to either party.

  • As a result of the uncertainty in the application of Section 4999 of the Code at the time of the initial determination by the Accounting Firm hereunder, it is possible that Gross-Up Payments which will not have been made by the Company should have been made ("Underpayment"), consistent with the calculations required to be made hereunder.

  • Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by such Sections 6050H, 6050J and 6050P of the Code.

  • Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect.

  • Neither the Company nor any of its ERISA Affiliates has incurred or reasonably expects to incur any material liability under (i) Title IV of ERISA with respect to termination of, or withdrawal from, any “employee benefit plan” or (ii) Sections 412, 4971, 4975 or 4980B of the Code.

  • Each “employee benefit plan” established or maintained by the Company or any of its ERISA Affiliates that is intended to be qualified under Section 401(a) of the Code is so qualified and, to the knowledge of the Company, nothing has occurred, whether by action or failure to act, which would cause the loss of such qualification.

  • In connection therewith, you shall use reasonable efforts to manage the Fund so that it will qualify as a regulated investment company under Subchapter M of the Code and regulations issued thereunder.

  • A “real estate mortgage investment conduit” within the meaning of Section 860D of the Code.

Related to of the Code

  • Section 162(m) of the Code means the exception for performance-based compensation under Section 162(m) of the Code and any applicable treasury regulations thereunder.

  • Section 409A of the Code means the nonqualified deferred compensation rules under Section 409A of the Code and any applicable treasury regulations and other official guidance thereunder.

  • the Code means the Pension Regulator’s Code of Practice No 14 governance and administration of public service pension schemes.

  • REIT Provisions of the Code means Sections 856 through 860 of the Code and any successor or other provisions of the Code relating to real estate investment trusts (including provisions as to the attribution of ownership of beneficial interests therein) and the regulations promulgated thereunder.

  • IRC means the Internal Revenue Code of 1986, as amended.