a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5.
Appears in 3 contracts
Samples: Facilities Agreement (Syngenta Ag), South Texas Supply Company, Inc., South Texas Supply Company, Inc.
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 14.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement Certificate or Increase Confirmation assignment agreement shall not be invalidated by any failure of a Lender to comply with this Clause 17.514.5.
Appears in 3 contracts
Samples: Agreement (PPL Energy Supply LLC), Amendment and Restatement Agreement (PPL Energy Supply LLC), Amendment and Restatement Agreement (PPL Energy Supply LLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 13.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5β13.5.
Appears in 2 contracts
Samples: Facility Agreement (Northstar Realty Finance Corp.), Facility Agreement (NorthStar Healthcare Income, Inc.)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 13.5 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 (UK) until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation Certificate shall not be invalidated by any failure of a Lender to comply with this Clause 17.513.5.
Appears in 2 contracts
Samples: Loan Facilities Agreement, Facilities Agreement (Linde AG)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 clause 17.6 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5clause 17.6.
Appears in 2 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 13.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.513.5.
Appears in 1 contract
Samples: Assignment Agreement (Central European Media Enterprises LTD)
a Treaty Lender. If a the New Lender fails to indicate its status in accordance with this Clause 17.5 12.5 then such the 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 Agent Borrower which category applies (and the Agent, upon receipt of such notification, shall inform the Company)applies. For the avoidance of doubt, a Transfer Certificate, Assignment Agreement the transfer or Increase Confirmation assignment shall not be invalidated by any failure of a Lender to comply with this Clause 17.512.5.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 14.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.514.5.
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 Subclause 12.6 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation Certificate shall not be invalidated by any failure of a Lender to comply with this Clause 17.5Subclause 12.6.
Appears in 1 contract
Samples: Agreement (Smith & Nephew PLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 12.5 then such New Lender shall be treated for the purposes of this Agreement (including by each ObligorSecurity Party) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.512.5.
Appears in 1 contract
Samples: Safe Bulkers, Inc.
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 clause 13.5 then such New Lender shall be treated for the purposes of this Agreement agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the CompanyAccount Party). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with -with this Clause 17.5clause 13.5.
Appears in 1 contract
Samples: Restatement Agreement (Hanover Insurance Group, Inc.)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 13.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.513.5.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 11.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation Certificate shall not be invalidated by any failure of a Lender to comply with this Clause 17.511.5.
Appears in 1 contract
Samples: Agreement (Smith & Nephew PLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 14.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyParent). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.514.5.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 14.5 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 Agent which category applies (and the Agent, upon receipt of such 62 notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.514.5.
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 20.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5.
Appears in 1 contract
Samples: Facilities Agreement (NDS Group PLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 12.5 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.512.5.
Appears in 1 contract
Samples: www.workspace.co.uk
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 14.5 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 Agent which category applies (and the Agent, Agent upon receipt of such notification, shall inform the CompanyParent). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.514.5.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 13.5 then such New Lender shall be treated for the purposes of this Agreement (including by each Obligorthe Borrower) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement Certificate or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.513.5.
Appears in 1 contract
Samples: Credit Facility Agreement (Sap Ag)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 15.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 clause 14.6 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyParent). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5clause 14.6.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 clause 14.4, 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5clause 14.4.
Appears in 1 contract
Samples: Enstar Group LTD
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 18.5 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 Agent which category applies (and the Agent, Agent upon receipt of such notification, shall inform the CompanyBidco). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.518.5.
Appears in 1 contract
Samples: Facilities Agreement (Inspired Entertainment, Inc.)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 12.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement or Increase Confirmation Certificate shall not be invalidated by any failure of a Lender to comply with this Clause 17.512.5.
Appears in 1 contract
Samples: Agreement (Smith & Nephew PLC)
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 clause 15.4, 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 Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyParent). For the avoidance of doubt, a Transfer Certificate, Certificate or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.5clause 15.4.
Appears in 1 contract
a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Clause 17.5 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 Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement Certificate or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 17.513.6.
Appears in 1 contract
