Common use of Anti-Boycott Rules Clause in Contracts

Anti-Boycott Rules. The representations and warranties in Section 6.21(b) and the undertakings in Section 7.11(b): (a) are made or given by, and shall apply to, a Credit Party or member of the Consolidated Group that qualifies as a resident party domiciled, incorporated or established in Germany (Inländer) within the meaning of section 2 para. 15 of the German Foreign Trade Act (Außenwirtschaftsgesetz) only to the extent that the making or giving of, and compliance with (or undertaking to comply with), such representations, warranties and undertakings do not result in any violation of, conflict with, or liability under, section 7 of the German Foreign Trade Regulations (Außenwirtschaftsverordnung), EU Regulation (EC) 2271/96 (as amended by Council Regulation (EC) No 807/2003 of 14 April 2003) or any similar anti-boycott laws or regulations (the “Anti-Boycott Rules”); and (b) shall, with respect to any Lender or any L/C Issuer which has notified the Administrative Agent that it wishes be treated as a “Restricted Finance Party” for the purposes of those Sections and has not subsequently notified the Administrative Agent that it no longer wishes to be treated as such (or, with respect to the Administrative Agent, for so long as it wishes to be so treated) (a “Restricted Finance Party”), be made or given to, or apply for the benefit of, such Restricted Finance Party only to the extent (as notified by such Restricted Finance Party to the Administrative Agent (or, in the case of the Administrative Agent, as determined by it) from time to time) that such making, giving and application would not result in any violation of, conflict with, or liability under, any Anti-Boycott Rules. In ascertaining the Required Lenders, the Required Euro Revolving Lenders, the Required Revolving Lenders, the Required Tranche A-5 Term Lenders, the Required Tranche A-6 Term Lenders, the Required Tranche A-7 Term Lenders or the Required USD Revolving Lenders, or whether any given percentage (including, for the avoidance of doubt, unanimity) of the Aggregate Commitments or the agreement of any specified group of Lenders has been obtained to approve any request for a consent, waiver, amendment or other vote under the Credit Documents in relation to Section 6.21(b) or Section 7.11(b) (including any request pursuant to Section 9.02) or any other provision of the Credit Documents relating to a Default or Event of Default arising from a breach of any of those Sections) the Commitments of each Restricted Finance Party shall be deemed to be zero and each Restricted Finance Party shall be deemed not to be a Lender. Any amendment or waiver that has the effect of changing or which relates to this Section 1.10 shall not be effected without the consent of each Restricted Finance Party.

Anti-Boycott Rules. The representations and warranties in Section 6.21(b) 5.22 and the undertakings in Section 7.11(b):7.12: (a) are made or given by, and shall apply to, a Credit Loan Party or member the Borrower or any of the Consolidated Group its Subsidiaries that qualifies as a resident party domiciled, incorporated or established in Germany (Inländer) within the meaning of section 2 para. 15 of the German Foreign Trade Act (Außenwirtschaftsgesetz) only to the extent that the making or giving of, and compliance with (or undertaking to comply with), such representations, warranties and undertakings do not result in any violation of, conflict with, or liability under, section 7 of the German Foreign Trade Regulations (Außenwirtschaftsverordnung), EU Regulation (EC) 2271/96 (as amended by Council Regulation (EC) No 807/2003 of 14 April 2003) or any similar anti-boycott laws or regulations (the “Anti-Boycott Rules”); and (b) shall, with respect to any Lender or any L/C Issuer which has notified the Administrative Agent that it wishes to be treated as a “Restricted Finance Party” for the purposes of those Sections and has not subsequently notified the Administrative Agent that it no longer wishes to be treated as such (or, with respect to the Administrative Agent, for so long as it wishes to be so treated) (a “Restricted Finance Party”), be made or given to, or apply for the benefit of, such Restricted Finance Party only to the extent (as notified by such Restricted Finance Party to the Administrative Agent (or, in the case of the Administrative Agent, as determined by it) from time to time) that such making, giving and application would not result in any violation of, conflict with, or liability under, any Anti-Boycott Rules. In ascertaining the Required Lenders, the Required Euro Revolving Lenders, the Required Revolving Lenders, the Required Tranche A-5 Term Lenders, the Required Tranche A-6 Term Lenders, the Required Tranche A-7 Term Lenders or the Required USD Revolving Lenders, or whether any given percentage (including, for the avoidance of doubt, unanimity) of the Aggregate Commitments Outstanding Amount of the Loans or the agreement of any specified group of Lenders has been obtained to approve any request for a consent, waiver, amendment or other vote under the Credit Loan Documents in relation to Section 6.21(b) 5.22 or Section 7.11(b) 7.12 (including any request pursuant to Section 9.028.02) or any other provision of the Credit Loan Documents relating to a Default or Event of Default arising from a breach of any of those Sections) ), the Commitments portion of the Total Outstandings held or deemed to be held by each Restricted Finance Party shall be deemed to be zero and each Restricted Finance Party shall be deemed not to be a LenderLender (for the avoidance of doubt, solely for such purposes). Any amendment or waiver that has the effect of changing or which relates to this Section 1.10 1.06 shall not be effected without the consent of each Restricted Finance Party.

Anti-Boycott Rules. The representations and warranties in Section 6.21(b) 5.22 and the undertakings in Section 7.11(b):7.12: (a) are made or given by, and shall apply to, a Credit Loan Party or member the Company or any of the Consolidated Group its Subsidiaries that qualifies as a resident party domiciled, incorporated or established in Germany (Inländer) within the meaning of section 2 para. 15 of the German Foreign Trade Act (Außenwirtschaftsgesetz) only to the extent that the making or giving of, and compliance with (or undertaking to comply with), such representations, warranties and undertakings do not result in any violation of, conflict with, or liability under, section 7 of the German Foreign Trade Regulations (Außenwirtschaftsverordnung), EU Regulation (EC) 2271/96 (as amended by Council Regulation (EC) No 807/2003 of 14 April 2003) or any similar anti-boycott laws or regulations (the “Anti-Boycott Rules”); and (b) shall, with respect to any Lender or any the L/C Issuer which has notified the Administrative Agent that it wishes to be treated as a “Restricted Finance Party” for the purposes of those Sections and has not subsequently notified the Administrative Agent that it no longer wishes to be treated as such (or, with respect to the Administrative Agent, for so long as it wishes to be so treated) (a “Restricted Finance Party”), be made or given to, or apply for the benefit of, such Restricted Finance Party only to the extent (as notified by such Restricted Finance Party to the Administrative Agent (or, in the case of the Administrative Agent, as determined by it) from time to time) that such making, giving and application would not result in any violation of, conflict with, or liability under, any Anti-Boycott Rules. In ascertaining the Required Lenders, the Required Euro Revolving Lenders, Lenders and/or the Required Revolving Lenders, the Required Tranche A-5 Term Lenders, the Required Tranche A-6 Term Lenders, the Required Tranche A-7 Term A Lenders or the Required USD Revolving Lenders, or whether any given percentage (including, for the avoidance of doubt, unanimity) of the Aggregate Revolving Credit Commitments or the Outstanding Amount of the Term Loans or the agreement of any specified group of Lenders has been obtained to approve any request for a consent, waiver, amendment or other vote under the Credit Loan Documents in relation to Section 6.21(b) 5.22 or Section 7.11(b) 7.12 (including any request pursuant to Section 9.028.02) or any other provision of the Credit Loan Documents relating to a Default or Event of Default arising from a breach of any of those Sections) the Commitments unused Revolving Credit Commitment of, and the portion of the Total Outstandings held or deemed held by, each Restricted Finance Party shall be deemed to be zero and each Restricted Finance Party shall be deemed not to be a LenderLender (for the avoidance of doubt, solely for such purposes). Any amendment or waiver that has the effect of changing or which relates to this Section 1.10 shall not be effected without the consent of each Restricted Finance Party.