a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, then such New Lender or Increase 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 or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.5.
Appears in 5 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
a Treaty Lender. If a New Lender or an Increase Lender fails to indicate its status in accordance with this Clause 12.5, 12.5 then such New Lender or Increase 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, any documentation executed by a Transfer Certificate or Increase Confirmation Lender on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 12.5.
Appears in 2 contracts
Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, 13.5 then such New Lender or Increase 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 or Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.513.5.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, 16.5 then such New Lender or Increase 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, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.516.5.
Appears in 1 contract
a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, 13.5 then such New Lender or Increase 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 CompanyObligors). For the avoidance of doubt, a Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.513.5.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, 13.5 then such New Lender or Increase 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, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.513.5.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.)
a Treaty Lender. If a New Lender or Increase Lender fails to indicate its status in accordance with this Clause 12.5, 18.8 then then such New Lender or Increase 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)applies. For the avoidance of doubt, a an Assignment Agreement, Transfer Certificate or Certificate, Increase Confirmation or Additional Lender Accession Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 12.518.8.
Appears in 1 contract
Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)
a Treaty Lender. If a New Lender, an Increase Lender or Increase an Acceding Lender fails to indicate its status in accordance with this Clause 12.5, 12.5 then such New Lender or Increase 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 or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 12.5.
Appears in 1 contract
Samples: Facility Agreement
