Common use of Anti-Money Laundering Legislation Clause in Contracts

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 11 contracts

Samples: Senior Secured Superpriority Debtor in Possession Term Loan Agreement (Colt Finance Corp.), Senior Secured Debtor in Possession Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Finance Corp.)

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Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant Lender that is subject to the Proceeds requirements of Crime Money Laundering) and Terrorist Financing the USA PATRIOT Act (Canada) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws Requirement of Canada Law (collectively, including any guidelines or orders thereunder, “AML Legislation”)) and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Loan Parties that pursuant to the requirements of the AML Legislation, Agent and Lenders may be it is required to obtain, verify and record information regarding that identifies each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control which information includes the name and address of such Loan Party, Party and other information that will allow such Lender or the transactions contemplated herebyAdministrative Agent to identify such Loan Party in accordance with the such AML Legislation. Administrative The Borrower shall promptly provide all and cause its subsidiaries that are Loan Parties to provide such information, including supporting documentation and other evidence, information as may be reasonably requested by any Lender or Agentthe Administrative Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a any Lender or the Administrative Agent, necessary in order to comply with any applicable such AML Legislation, whether now or hereafter in existence. This notice is given in accordance with the requirements of the AML Legislation and is effective as to the Lenders and the Administrative Agent. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrower or any other Loan Party or any authorized signatories signatory of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lxxxxx’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing9.16, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Borrower or any other Loan Parties Party or any authorized signatories signatory of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such person or any such authorized signatory in doing so.

Appears in 8 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), the Patriot Act, and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Credit Party, and the transactions contemplated hereby. Administrative Borrower Borrowers shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party the Credit Parties or any authorized signatories of any Loan Party the Credit Parties for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has no obligation to ascertain the identity of the Loan Credit Parties or any authorized signatories of the Loan Credit Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Credit Parties or any such authorized signatory in doing so.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laundering laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), Lenders and Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested in writing by any Lender or Administrative Agent, or any prospective assign assignee or participant of a Lender or Administrative Agent, necessary in order to comply with any applicable AML Legislationanti-money laundering laws, whether now or hereafter in existence. (b) If Administrative Agent has ascertained the identity of any the Loan Party Parties or any authorized signatories of any the Loan Party Parties for the purposes of applicable AML Legislationanti-money laundering laws, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislationanti-money laundering laws; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Administrative Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party of the Parent and the Borrowers acknowledges that, pursuant to (i) the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Currency and Foreign Transactions Reporting Act of 1970 (31 U.S.C. 5311 et. seq., (the Bank Secrecy Act)) (United States), as amended by Title III of the Patriot Act, (ii) the Trading with the Enemy Act (United States), as amended, and each of the foreign assets control regulations of the United States Treasury Department (31 CFR Subtitle B, Chapter V, as amended) and any other enabling legislation or executive order relating thereto (United States), (iii) Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (66 Fed. Reg. 49079) (United States) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsor “know your customer” Laws, under whether within Canada, the laws of Canada United States or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such the Loan PartyParties, and the transactions contemplated hereby, including, without limitation, a Beneficial Ownership Certification in relation to any of Parent or any Borrower that qualifies as a “legal entity customer” under the Beneficial Ownership Regulation. Administrative Borrower The Parent shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any the Loan Party Parties or any authorized signatories of any the Loan Party Parties for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-anti- money laundering, anti-terrorist financing, government sanction and "know your client" applicable laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, the Borrower and its respective Subsidiaries and their directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of the Borrower and/or any such Loan PartySubsidiary, and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant assignee of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) if requested from time to time, notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrower or any Loan Party of its Subsidiaries or any authorized signatories of the Borrower or any Loan Party of its Subsidiaries for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement agreement shall constitute a "written agreement" in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingforegoing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any of its Subsidiaries or any authorized signatories of the Loan Parties Borrower or any of its Subsidiaries, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any of its Subsidiaries or any such authorized signatory in doing so.

Appears in 3 contracts

Samples: Loan Agreement (Silver Wheaton Corp.), Loan Agreement (Silver Wheaton Corp.), Bridge Loan Agreement (Silver Wheaton Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Multicurrency Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Multicurrency Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Agent Administrative within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender and each Issuing Bank agrees that neither the Administrative Agent has no nor the Multicurrency Administrative Agent have any obligation to ascertain the identity of the Loan Parties Borrowers or any authorized signatories of the Loan Parties Borrowers on behalf of any LenderLender or Issuing Bank, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any such authorized signatory in doing so.

Appears in 3 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Hudbay Group, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Hudbay Group, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Hudbay Group Member or any authorized signatories of any Loan Party a Hudbay Group Member for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Hudbay Group Member or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 3 contracts

Samples: Credit Facility Agreement (Hudbay Minerals Inc.), Credit Facility Agreement (HudBay Minerals Inc.), Credit Facility Agreement (Hudbay Minerals Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws" Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party Restricted Subsidiary or any authorized signatories of the Borrower or any Loan Party Restricted Subsidiary for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any Restricted Subsidiary or any authorized signatories of the Loan Parties Borrower or any Restricted Subsidiary, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Restricted Subsidiary or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (ENERPLUS Corp), Credit Agreement (Penn West Energy Trust)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Multicurrency Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Multicurrency Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent or the Multicurrency Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent or the Multicurrency Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Agent Administrative Agents within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender and each Issuing Bank agrees that neither the Administrative Agent has no nor the Multicurrency Administrative Agent have any obligation to ascertain the identity of the Loan Parties Borrowers or any authorized signatories of the Loan Parties Borrowers on behalf of any LenderLender or Issuing Bank, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any such authorized signatory in doing so. Furthermore, the foregoing clause (b) shall not affect any Lender’s right to request information and ascertain for itself, in its sole discretion, the identity of any Borrower or any authorized signatories of the Borrower for the purposes of applicable AML Legislation.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and ), the Patriot Act or any other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders it may be required to obtain, verify and record information that identifies each Harvest Party and KNOC, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person's directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (ba) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party an Harvest Party, KNOC or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (cb) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing22.13, each Lender of the Lenders agrees that the Agent has no an obligation to ascertain the identity of the Loan Parties a Harvest Party, KNOC or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws" Applicable Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Hudbay Group, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Hudbay Group, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Hudbay Group Member or any authorized signatories of any Loan Party a Hudbay Group Member for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Hudbay Group Member or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Hudbay Minerals Inc.), Credit Agreement (Hudbay Minerals Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “Canadian AML Legislation”), Agent the Administrative Agent, the Issuing Bank and the Lenders may be required to obtain, verify and record information regarding each Loan PartyParty and Xxxxx’x and its Subsidiaries, its their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, thereof and the transactions contemplated hereby. Administrative Borrower The Borrowers shall promptly provide provide, and shall cause their respective Subsidiaries to promptly provide, all such information, including supporting documentation and other evidence, as may be reasonably requested by the Administrative Agent, the Issuing Bank or any Lender or AgentLender, or any prospective assign assignee or participant of the Issuing Bank or a Lender or AgentLender, necessary in order to comply with any applicable Canadian AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any the Loan Party Parties or any authorized signatories of any the Loan Party Parties for the purposes of applicable Canadian AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable Canadian AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Lufkin Industries Inc), Credit Agreement (Lufkin Industries Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " Applicable Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Hudbay Group, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Hudbay Group, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Hudbay Group Member or any authorized signatories of any Loan Party a Hudbay Group Member for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Hudbay Group Member or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Facility Agreement (Hudbay Minerals Inc.), Credit Facility Agreement (Hudbay Minerals Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws" Applicable Laws , under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Hudbay Group, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Hudbay Group, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Hudbay Group Member or any authorized signatories of any Loan Party a Hudbay Group Member for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Hudbay Group Member or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Amending Agreement (Hudbay Minerals Inc.), Amending Agreement (Hudbay Minerals Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), the Patriot Act, and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Lenders and Lenders Agents may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) . If an Agent has ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the such Agent: (ia) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the such Agent within the meaning of applicable AML Legislation; and (iib) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that each Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party of Holdings and the Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan PartyHoldings, its respective the Borrower, their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan PartyHoldings and the Borrower, and the transactions contemplated hereby. Administrative Each of Holdings and the Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign assignee or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party Holdings or the Borrower or any authorized signatories of any Loan Party Holdings or the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of Holdings or the Loan Parties Borrower or any authorized signatories of Holdings or the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from Holdings or the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Parent or any Restricted Subsidiary, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Parent or any Restricted Subsidiary, as applicable, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of the Parent or any Loan Party Restricted Subsidiary or any authorized signatories of the Parent or any Loan Party Restricted Subsidiary, as applicable, for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Parent or any Restricted Subsidiary or any authorized signatories of the Loan Parties Parent or any Restricted Subsidiary, as applicable, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Parent or any Restricted Subsidiary, as applicable, or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partysuch Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan PartyBorrower, and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign assignee or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party a Borrower or any authorized signatories of any Loan Party a Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties any Borrower or any authorized signatories of the Loan Parties such Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties such Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (DFC Global Corp.), Credit Agreement (Dollar Financial Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign assignee or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Term Credit Agreement (Teck Cominco LTD), Bridge Credit Agreement (Teck Cominco LTD)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Canadian Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each the Loan Party, its Parties and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Borrower Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Canadian Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent or Canadian Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of any such Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent or Canadian Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Administrative Agent or Canadian Administrative Agent within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender and each Issuing Bank agrees that neither the Administrative Agent has no nor the Canadian Administrative Agent have any obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any LenderLender or Issuing Bank, or to confirm the completeness or accuracy of any information it obtains from the any Loan Parties Party or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Tailored Brands Inc), Credit Agreement (Mens Wearhouse Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders it may be required to obtain, verify and record information regarding each Loan Partythat identifies the Borrower, its respective Subsidiaries and the Parent Pledgors, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party an Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent the Agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing16.14, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties an Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders it may be required to obtain, verify and record information that identifies the Borrower and each Restricted Subsidiary, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of the Borrower or any Loan Party Restricted Subsidiary or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing16.9, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any Restricted Subsidiary or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant Lender that is subject to the Proceeds requirements of Crime Money Laundering) and Terrorist Financing the USA PATRIOT Act (Canada) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws Requirement of Canada Law (collectively, including any guidelines or orders thereunder, “AML Legislation”)) and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Loan Parties that pursuant to the requirements of the AML Legislation, Agent and Lenders may be it is required to obtain, verify and record information regarding that identifies each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control which information includes the name and address of such Loan Party, Party and other information that will allow such Lender or the transactions contemplated herebyAdministrative Agent to identify such Loan Party in accordance with the such AML Legislation. Administrative The Borrower shall promptly provide all and cause its subsidiaries that are Loan Parties to provide such information, including supporting documentation and other evidence, information as may be reasonably requested by any Lender or Agentthe Administrative Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a any Lender or the Administrative Agent, necessary in order to comply with any applicable such AML Legislation, whether now or hereafter in existence. This notice is given in accordance with the requirements of the AML Legislation and is effective as to the Lenders and the Administrative Agent. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrower or any other Loan Party or any authorized signatories signatory of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Xxxxxx’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing9.16, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Borrower or any other Loan Parties Party or any authorized signatories signatory of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Amendment to the First Lien Credit Agreement (Waystar Holding Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant Lender that is subject to the Proceeds requirements of Crime Money Laundering) and Terrorist Financing the USA PATRIOT Act (Canada) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws Requirements of Canada Law (collectively, including any guidelines or orders thereunder, “AML Legislation”)) and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Loan Parties that pursuant to the requirements of the AML Legislation, Agent and Lenders may be it is required to obtain, verify and record information regarding that identifies each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control which information includes the name and address of such Loan Party, Party and other information that will allow such Lender or the transactions contemplated herebyAdministrative Agent to identify such Loan Party in accordance with the such AML Legislation. Administrative The Borrower Representative shall promptly provide all and cause its subsidiaries that are Loan Parties to provide such information, including supporting documentation and other evidence, information as may be reasonably requested by any Lender or Agentthe Administrative Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a any Lender or the Administrative Agent, necessary in order to comply with any applicable such AML Legislation, whether now or hereafter in existence. This notice is given in accordance with the requirements of the AML Legislation and is effective as to the Lenders and the Administrative Agent. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of any other Loan Party or any authorized signatories signatory of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing9.16, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the any Loan Parties Party or any authorized signatories signatory of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Brookfield Property REIT Inc.), Credit Agreement (Brookfield Property REIT Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “Canadian AML Legislation”), Agent the Agents, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Agent, any Lender or Agentany Issuing Bank, or any prospective assign assignee or participant of a Lender or Agentan Issuing Bank, necessary in order to comply with any applicable Canadian AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any the Loan Party Parties or any authorized signatories of any the Loan Party Parties for the purposes of applicable Canadian AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable Canadian AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Mens Wearhouse Inc), Credit Agreement (Mens Wearhouse Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrowers that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. 107-56 (a/k/a the USA Patriot Act) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders it may be required to obtain, verify and record information that identifies each Obligor, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). Each Borrower shall provide, to the extent commercially reasonable, such information and take such actions as may be reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative Each Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party an Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent the Agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing16.14, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties an Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Multicurrency Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Multicurrency Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Agent Administrative within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Anti-Money Laundering Legislation. (a1) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign assignee or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b2) If the Administrative Agent has ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (ia) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (iib) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Eldorado Gold Corp /Fi)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Canadian Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each the Loan Party, its Parties and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Borrower Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Canadian Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent or Canadian Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of any such Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent or Canadian Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Administrative Agent or Canadian Administrative Agent within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender and each Issuing Bank agrees that neither the Administrative Agent has no nor the Canadian Administrative Agent have any obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any LenderLender or Issuing Bank, or to confirm the -143- completeness or accuracy of any information it obtains from the any Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Tailored Brands Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsApplicable Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide promptly: (i)provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant assignee of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii)notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrower or any other Loan Party or any authorized signatories of the Borrower or any other Loan Party for the purposes of applicable AML LegislationLegislation on such Xxxxxx’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Borrower or any other Loan Parties Party or any authorized signatories of the Borrower or any other Loan Parties Party, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Borrower or any other Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Sundial Growers Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders the Lender Parties may be required to obtain, verify and record information regarding each Loan Partyany of the Credit Parties, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan a Credit Party, and the transactions contemplated hereby. Administrative Borrower The Credit Parties shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or AgentParty, or any prospective assign or participant of a Lender or AgentParty, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan a Credit Party or any authorized signatories of any Loan a Credit Party for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties any Credit Party or any authorized signatories of the Loan Parties a Credit Party on behalf of any Lenderother Lender Party, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Credit Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (NiMin Energy Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds provisions of Crime Canadian Anti-Money Laundering) and Terrorist Financing Act (Canada) and other applicable antiLaundering & Anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Terrorism Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Canadian Anti-Money Laundering & Anti-Terrorism Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Canadian Anti-Money Laundering & Anti-Terrorism Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Canadian Anti-Money Laundering & Anti-Terrorism Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender Xxxxxx agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Kronos Worldwide Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.. 12298241.7

Appears in 1 contract

Samples: Credit Agreement (Canwest Media Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Administrative Agent and the Lenders may be required to obtain, verify and record information regarding each the Loan Party, its Parties and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Borrower Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of any such Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of the applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the any Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Term Credit Agreement (Fossil Group, Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, AML Legislation), Agent and Lenders it may be required to obtain, verify and record information that identifies each Borrower Group Obligor, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan Party, Person). The Borrower shall provide such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party a Borrower Group Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing13.12, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties a Borrower Group Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Banks and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender Bank or the Administrative Agent, or any prospective assign assignee or participant of a Lender Bank or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If The Borrower acknowledges and agrees that pursuant to the provisions of the USA Patriot Act (Title III of the Pub. L. 107-56) signed into law October 26, 2001 (the “Patriot Act”), the Administrative Agent has ascertained and any Bank may be required to obtain, verify and record information and the identity Borrower hereby agrees to cooperate with the Administrative Agent and each Bank and provide them with all information that may be required in order to fulfil their obligations under the Patriot Act. Without limiting the generality of the foregoing, the Borrower agrees to use commercially reasonable efforts to obtain the consent of any Loan Party or any authorized signatories of their respective officers, directors and employees whose consent to the disclosure of any Loan Party for the purposes of such information is required under applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” privacy legislation in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completenessCanada. (c) Notwithstanding Each of the provisions of this Section and except as may otherwise be agreed in writing, each Lender Banks agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any LenderBank, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (American Honda Finance Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower and Subsidiaries, its their respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such Loan Party, any Subsidiaries and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party Subsidiary or any authorized signatories of the Borrower or any Loan Party Subsidiary for the purposes of applicable AML LegislationLegislation on such Xxxxxx’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingclause (c) above, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower, or any Subsidiary or any authorized signatories of the Loan Parties Borrower or any Subsidiary, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Subsidiary or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Gran Tierra Energy Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower Agent shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any the Loan Party or any authorized signatories of any the Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties and the Guarantors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each such Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any a Loan Party or any authorized signatories of any such Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has no obligation to ascertain the identity of the a Loan Parties Party or any authorized signatories of the a Loan Parties Party on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the a Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. 107-56 (a/k/a the USA Patriot Act) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders it may be required to obtain, verify and record information that identifies each Obligor, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide, to the extent commercially reasonable, such information and take such actions as may be reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party an Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent the Agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing15.14, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties an Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Canada LTD)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " applicable Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders it may be required to obtain, verify and record information regarding that identifies each Loan Harvest Party, its respective which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding such Person's directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (ba) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan an Harvest Party or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (cb) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing22.12, each Lender of the Lenders agrees that the Agent has no an obligation to ascertain the identity of the Loan Parties a Harvest Party or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Harvest Operations Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " applicable Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders it may be required to obtain, verify and record information regarding that identifies each Loan Harvest Party, its respective which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding such Person's directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (ba) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan an Harvest Party or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (iii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (cb) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing22.12, each Lender of the Lenders agrees that the Agent has no an obligation to ascertain the identity of the Loan Parties a Harvest Party or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Harvest Operations Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan the applicable Credit Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Credit Party or any authorized signatories of any Loan the applicable Credit Party for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties any Credit Party or any authorized signatories of the Loan Parties applicable Credit Party on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties applicable Credit Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

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Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Borrowers acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” applicable laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective the Obligors and their directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of the Borrowers and/or any such Loan PartySubsidiary, and the transactions contemplated hereby. Administrative Borrower The Borrowers shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant assignee of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) if requested from time to time, notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of a Borrower or any Loan Party of its Subsidiaries or any authorized signatories of a Borrower or any Loan Party of its Subsidiaries for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingforegoing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties any Borrower or any of its Subsidiaries or any authorized signatories of the Loan Parties any Borrower or any of its Subsidiaries, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any of its Subsidiaries or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant Lender that is subject to the Proceeds requirements of Crime Money Laundering) and Terrorist Financing the USA PATRIOT Act (Canada) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws Requirement of Canada Law (collectively, including any guidelines or orders thereunder, “AML Legislation”)) and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Loan Parties that pursuant to the requirements of the AML Legislation, Agent and Lenders may be it is required to obtain, verify and record information regarding that identifies each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control which information includes the name and address of such Loan Party, Party and other information that will allow such Lender or the transactions contemplated herebyAdministrative Agent to identify such Loan Party in accordance with the such AML Legislation. Administrative The Parent Borrower shall promptly provide all and cause its subsidiaries that are Loan Parties to provide such information, including supporting documentation and other evidence, information as may be reasonably requested by any Lender or Agentthe Administrative Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a any Lender or the Administrative Agent, necessary in order to comply with any applicable such AML Legislation, whether now or hereafter in existence. This notice is given in accordance with the requirements of the AML Legislation and is effective as to the Lenders and the Administrative Agent. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrowers or any other Loan Party or any authorized signatories signatory of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing9.16, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Borrowers or any other Loan Parties Party or any authorized signatories signatory of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Certara, Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Hudbay Group, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Hudbay Group, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Hudbay Group Member or any authorized signatories of any Loan Party a Hudbay Group Member for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Hudbay Group Member or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-anti- money laundering, anti-terrorist financing, government sanction and "know your client” laws" Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower and Subsidiaries, its their respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such Loan Party, any Subsidiaries and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party Subsidiary or any authorized signatories of the Borrower or any Loan Party Subsidiary for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower, or any Subsidiary or any authorized signatories of the Loan Parties Borrower or any Subsidiary, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Subsidiary or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement

Anti-Money Laundering Legislation. (a1) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b2) If the Agent has have ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Agent: (ia) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (iib) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless France SAS)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), the Patriot Act, and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Credit Party, and the transactions contemplated hereby. Administrative Borrower The Company shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party the Credit Parties or any authorized signatories of any Loan Party the Credit Parties for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds requirements of Crime Anti-Money Laundering) and Laundering/ Anti-Terrorist Financing Act (Canada) Laws and other applicable anti-money laundering, anti-terrorist financing, government sanction and “"know your client” laws" Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each the Loan PartyParties, its their respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such any Loan Party, Party and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party or any authorized signatories of the Borrower or any Loan Party for the purposes of applicable AML LegislationLegislation on such Xxxxxx's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Borrower, or any Loan Parties Party or any authorized signatories of the Borrower or any Loan Parties Party, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Borrower or any Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction sanction, anti-corruption, and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Agents, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrowers, and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender Lender, any Issuing Bank or any Agent, or any prospective assign assignee or participant of a Lender any Lender, any Issuing Bank or any Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Agent, each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Agent, Issuing Bank or such Lender and the Agent Administrative within the meaning of the applicable AML Legislation; and (ii) shall provide to each Agent, each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Agent, each Lender and each Issuing Bank agrees that no Agent has no any obligation to ascertain the identity of the Loan Parties Borrowers or any authorized signatories of the Loan Parties Borrowers on behalf of any LenderAgent, Lender or Issuing Bank, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Credit Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party the Credit Parties or any authorized signatories of any Loan Party the Credit Parties for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has no obligation to ascertain the identity of the Loan Credit Parties or any authorized signatories of the Loan Credit Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Credit Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders the Lender Parties may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrowers, and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, Party or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank or any Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Canadian Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Canadian Administrative Agent: (i) shall be deemed to have done so as an agent for each LenderLender Party, and this Agreement shall constitute a “written agreement” in such regard between each Lender Party and the Canadian Administrative Agent within the meaning of the applicable AML Legislation; and (ii) shall provide to each Lender Party copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each of the Lender Parties agrees that neither the Canadian Administrative Agent nor any other Agent has no any obligation to ascertain the identity of the Loan Parties Borrowers or any authorized signatories of the Loan Parties Borrowers on behalf of any LenderLender Party, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (TMS International Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), the Patriot Act, and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Credit Party, and the transactions contemplated hereby. Administrative Borrower Representative shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or AgentAgent which would be otherwise permitted under Section 9.9, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party the Credit Parties or any authorized signatories of any Loan Party the Credit Parties for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has no obligation to ascertain the identity of the Loan Credit Parties or any authorized signatories of the Loan Credit Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Credit Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Tembec Industries Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client" applicable laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, the Borrowers and its respective Subsidiaries and their directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of the Borrowers and/or any such Loan PartySubsidiary, and the transactions contemplated hereby. Administrative Each Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant assignee of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) if requested from time to time, notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of either Borrower or any Loan Party of its Subsidiaries or any authorized signatories of the Borrowers or any Loan Party of their Subsidiaries for the purposes of applicable AML LegislationLegislation on such Xxxxxx's behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement agreement shall constitute a "written agreement" in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingforegoing, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Loan Parties Borrowers or any of its Subsidiaries or any authorized signatories of the Loan Parties either Borrower or any of its Subsidiaries, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrowers or any of their respective Subsidiaries or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Loan Agreement (Wheaton Precious Metals Corp.)

Anti-Money Laundering Legislation. (a) Each Loan Credit Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) ), the Patriot Act, and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Agent and Lenders may be required to obtain, verify and record information regarding each Loan Credit Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Credit Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party the Credit Parties or any authorized signatories of any Loan Party the Credit Parties for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has no obligation to ascertain the identity of the Loan Credit Parties or any authorized signatories of the Loan Credit Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Credit Parties or any such authorized signatory in doing so.” (t) Annex A to the Loan Agreement is hereby amended by adding the following defined terms in appropriate alphabetical order:

Appears in 1 contract

Samples: Credit Agreement (Standard Motor Products Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client" laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Kronos Worldwide Inc)

Anti-Money Laundering Legislation. (a1) Each Loan Party acknowledges The Borrower acknowledge that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing AML Legislation, the Trading with the Enemy Act (CanadaUnited States) and other applicable federal, provincial, territorial, local or foreign laws relating to anti-money laundering, anti-terrorist financing, government sanction Sanctions and "know your client" laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective the Guarantors, their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower and the Guarantors, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant Participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b2) If The Borrower acknowledges and agrees that pursuant to the AML Legislation and other Sanctions and Anti-Corruption Laws, the Agent has ascertained and any Lender may be required to obtain, verify and record information with respect to the identity of any Loan Party or any authorized signatories of any Loan Party for Credit Parties and the purposes of applicable AML Legislation, then Borrower hereby agrees to cooperate with the Agent: (i) shall be deemed to have done so as an agent for each Lender, Agent and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of them with all information obtained that may be required in order to fulfil their obligations under such regard without laws. Without limiting the generality of the foregoing, the Borrower agrees to use commercially reasonable efforts to obtain the consent of any representation or warranty as of their respective officers, directors and employees whose consent to its accuracy or completenessthe disclosure of any such information is required under applicable privacy legislation in Canada. (c3) Notwithstanding Each of the provisions of this Section and except as may otherwise be agreed in writing, each Lender Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Borrower or the Credit Parties or any authorized signatories of the Loan Parties Borrower or a Credit Party on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Group Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Valens Company, Inc.)

Anti-Money Laundering Legislation. (a1) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b2) If the Agent has have ascertained the identity of any Loan Party the Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Agent: (ia) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (iib) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that Agent has the Agents have no obligation to ascertain the identity of the Loan Parties Borrower or any authorized signatories of the Loan Parties Borrower on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless Inc)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsApplicable Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower or a Material Subsidiary, its their respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such Loan Party, any of the Borrower or a Material Subsidiary and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party Subsidiary or any authorized signatories of the Borrower or any Loan Party Subsidiary for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower, or any Subsidiary or any authorized signatories of the Loan Parties Borrower or any Subsidiary, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Subsidiary or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

Anti-Money Laundering Legislation. (a) a. Each Loan Party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower Agent shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) b. If Agent has ascertained the identity of any the Loan Party or any authorized signatories of any the Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) i. shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) . shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) c. Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties and the Guarantors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Audiovox Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” lawsLaws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of the Borrower or any other Loan Party or any authorized signatories of the Borrower or any other Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Borrower or any other Loan Parties Party or any authorized signatories of the Borrower or any other Loan Parties Party on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Borrower or any other Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Obsidian Energy Ltd.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws, under the laws of Canada " Applicable Laws (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders it may be required to obtain, verify and record information that identifies the Borrower and each Restricted Subsidiary, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person's directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide to the extent commercially reasonable, such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of the Borrower or any Loan Party Restricted Subsidiary or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing16.11, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any Restricted Subsidiary or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Nova Chemicals Corp /New)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws" Applicable Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Administrative Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Administrative Agent, or any prospective assign or participant assignee of a Lender or the Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Administrative Agent has ascertained the identity of the Borrower or any other Loan Party or any authorized signatories of the Borrower or any other Loan Party for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Administrative Agent within the meaning of applicable AML Legislation; andand 9617679.9 126 (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Administrative Agent has no obligation to ascertain the identity of the Borrower or any other Loan Parties Party or any authorized signatories of the Borrower or any other Loan Parties Party, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Borrower or any other Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, pursuant to Anti-Money Laundering Laws, the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each the Loan Party, its Parties and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such the Loan PartyParties, and the transactions contemplated hereby. Administrative Borrower Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender or any Agent, necessary in order to comply with any applicable AML LegislationAnti-Money Laundering Laws, whether now or hereafter in existence. (ba) If the Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of any the Loan Party Parties for the purposes of applicable AML LegislationAnti-Money Laundering Laws, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Administrative Agent within the meaning of the applicable AML Legislation; Anti-Money Laundering Laws; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that neither the Administrative Agent nor any other Agent has no any obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the any Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Masonite International Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party Borrower acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada in each relevant jurisdiction (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent the Administrative Agent, the Multicurrency Administrative Agent, the Lenders and Lenders the Issuing Banks may be required to obtain, verify and record information regarding each Loan Party, its the Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, officers and the transactions contemplated hereby. Administrative Each Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign assignee or participant of a Lender Lender, any Issuing Bank, the Administrative Agent or the Multicurrency Administrative Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party Borrower or any authorized signatories of any Loan Party the Borrower for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each Issuing Bank and each Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Issuing Bank or such Lender and the Agent Administrative within the meaning of the applicable AML Legislation; and (ii) shall provide to each Issuing Bank and each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) . Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender and each Issuing Bank agrees that neither the Administrative Agent has no nor the Multicurrency Administrative Agent have any obligation to ascertain the identity of the Loan Parties Borrowers or any authorized signatories of the Loan Parties Borrowers on behalf of any LenderLender or Issuing Bank, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any Borrower or any such authorized signatory in doing so. Furthermore, the foregoing clause (b) shall not affect any Lender’s right to request information and ascertain for itself, in its sole discretion, the identity of any Borrower or any authorized signatories of the Borrower for the purposes of applicable AML Legislation.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, AML Legislation), Agent and Lenders it may be required to obtain, verify and record information that identifies each Borrower Group Obligor, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan Party, Person). The Borrower shall provide such information and take such actions as are reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party a Borrower Group Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing14.12, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties a Borrower Group Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement

Anti-Money Laundering Legislation. (aA) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client" laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, "AML Legislation"), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (bB) If Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Legislation, then the Agent: (i1) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a "written agreement" in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii2) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (cC) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Polyone Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges The Obligors acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-anti- money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Obligors, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Partythe Obligors, and the transactions contemplated hereby. Administrative Borrower The Obligors shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign assignee or participant of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Agent has ascertained the identity of any Loan Party Obligor or any authorized signatories of any Loan Party a Obligor for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties any Obligor or any authorized signatories of the Loan Parties Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Facility (Vox Royalty Corp.)

Anti-Money Laundering Legislation. (a) Each The Loan Party acknowledges Parties acknowledge that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders the Credit Parties may be required to obtain, verify and record information regarding each the Loan PartyParties, its respective their directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such the Loan PartyParties, and the transactions contemplated hereby. Administrative Borrower The Loan Parties shall promptly provide all such informationinformation in their possession, including supporting documentation and other evidence, as may be reasonably requested by any Lender or AgentCredit Parties, or any prospective assign assignee or participant of a Lender or AgentCredit Party, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If the Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent: (i) shall be deemed to have done so as an agent for each LenderCredit Party, and this Agreement shall constitute a “written agreement” in such regard between the Administrative Agent and each Lender and the Agent other Credit Party within the meaning of the applicable AML Legislation; and (ii) shall provide to each Lender Credit Party copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section preceding sentence and except as may otherwise be agreed in writing, each Lender of the Credit Parties agrees that the Administrative Agent has no obligation to ascertain the identity of the any Loan Parties Party or any authorized signatories of the any Loan Parties Party on behalf of any LenderCredit Party, or to confirm the completeness or accuracy of any information it obtains from the any Loan Parties Party or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Catalyst Paper Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party The Borrower acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the U.S. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and other applicable anti-money laundering, anti-terrorist financing, government sanction and "know your client” laws" Laws, under the laws of whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, "AML Legislation"), the Lenders and the Agent and Lenders may be required to obtain, verify and record information regarding each Loan Partythe Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or unitholders or other Persons in control of such Loan Partythe Borrower, and the transactions contemplated hereby. Administrative The Borrower shall promptly promptly: (i) provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or the Agent, or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence; and (ii) notify the recipient of any such information of any changes thereto. (b) If If, upon the written request of any Lender, the Agent has ascertained the identity of the Borrower or any Loan Party Restricted Subsidiary or any authorized signatories of the Borrower or any Loan Party Restricted Subsidiary for the purposes of applicable AML LegislationLegislation on such Lender's behalf, then the Agent: (i) shall be deemed to have done so as an agent for each such Lender, and this Agreement shall constitute a "written agreement" in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writingpreceding sentence, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties Borrower or any Restricted Subsidiary or any authorized signatories of the Loan Parties Borrower or any Restricted Subsidiary, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties Borrower or any Restricted Subsidiary or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Term Credit Agreement (ENERPLUS Corp)

Anti-Money Laundering Legislation. (a) Each Loan Party acknowledges that, Lender and the Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. 107-56 (a/k/a the USA Patriot Act) and or any other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada Applicable Laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders it may be required to obtain, verify and record information that identifies each Obligor, which information includes the name and address of each such Person and such other information that will allow such Lender or the Agent, as applicable, to identify each such Person in accordance with AML Legislation (including, information regarding each Loan Party, its respective such Person’s directors, authorized signing officers, direct or indirect shareholders or other Persons in control of each such Loan PartyPerson). The Borrower shall provide, to the extent commercially reasonable, such information and take such actions as may be reasonably requested by the Agent or any Lender in order to assist the Agent and the transactions contemplated herebyLenders in maintaining compliance with AML Legislation. Administrative The Borrower shall promptly provide all such information, to the extent commercially reasonable, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agentthe Agent (for itself and not on behalf of any Lender), or any prospective assign or participant assignee of a Lender or the Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If If, upon the written request of any Lender, the Agent (for itself and not on behalf of any Lender) has ascertained the identity of any Loan Party an Obligor or any authorized signatories of any Loan Party such Person for the purposes of applicable AML LegislationLegislation on such Lender’s behalf, then the Agent: (i) shall be deemed to have done so as an agent the Agent for each such Lender, and this Agreement shall constitute a “written agreement” in such regard between each such Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each such Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding anything to the provisions of contrary in this Section and except as may otherwise be agreed in writing16.14, each Lender of the Lenders agrees that the Agent has no obligation to ascertain the identity of the Loan Parties an Obligor or any authorized signatories of the Loan Parties such Person, on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties any such Person or any such authorized signatory in doing so.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Canada LTD)

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