definiens: within the meaning of Section 7701(a)(30 ) of theCode ( a ), then such Foreign Lender shall provide to Borrower ( i ) in the case of a Foreign Lenderclaiming exemption from U.S. federal withholding tax under Section 871(h ) or 881(c ) of the Code with respect topayments of ( x ) two accurate and complete original signed copies of IRS Form W-8BEN ( or asuccessor form ) properly completed and duly executed by such Foreign Lender and ( y ) a certificate to the effectthat such Foreign Lender is not ( A ) a within the meaning of Section 881(c)(3)(A ) of the Code, ( B ) a of Borrower within the meaning of Section 881(c)(3)(B ) of the Code or ( C ) a described in Section 881(c)(3)(C ) of the Code, ( ii ) if the payments receivable by the Foreign Lender areeffectively connected with the conduct Confidential materials omitted and filed separately with the Securities and Exchange Commission