Common use of Canadian Anti-Money Laundering Legislation Clause in Contracts

Canadian Anti-Money Laundering Legislation. (a) Each Obligor acknowledges that, pursuant to the Proceeds of Crime Act and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders may be required to obtain, verify and record information regarding the Obligors and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Obligors, and the transactions contemplated hereby. Each Obligor shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or any prospective assignee or participant of a Lender, the Agent or any Issuing Bank, 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 Obligor or any authorized signatories of any 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 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. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders agrees that neither the Agent nor any other agent hereunder has any obligation to ascertain the identity of the Obligors or any authorized signatories of the Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

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Canadian Anti-Money Laundering Legislation. (a) Each Obligor acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Criminal Code (Canada) and the United Nations Act (Canada), including the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Canada) and the United Nations Al-Qaida and Taliban Regulations (Canada) promulgated under the United Nations Act (Canada), and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws laws, policies, regulations, or rules (collectively, including any rules, regulations, directives, guidelines or orders thereunder, “AML Legislation”), ) the Lenders and the Administrative Agent may be required to obtain, verify and record information regarding the Obligors and their respective each Obligor, its directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Obligorseach Obligor, and the transactions contemplated hereby. Each Obligor 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 assignee assign or participant of a Lender, Lender or the Agent or any Issuing BankAdministrative Agent, 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 Obligor or any authorized signatories of any Obligor 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, 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; and (ii) shall provide to each Lender the Lenders, copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders Xxxxxx agrees that neither the Administrative Agent nor any other agent hereunder has any no obligation to ascertain the identity of the Obligors or any authorized signatories of the Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Credit Agreement (Iron Mountain Inc)

Canadian Anti-Money Laundering Legislation. (a) Each Obligor of the Borrower and the Canadian Borrowers acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable Canadian anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders Administrative Agent, a Lender, the L/C Issuer and/or the Canadian L/C Issuer may be required to obtain, verify and record information regarding the Obligors Borrower and the Canadian Borrowers and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the ObligorsBorrower and/or either Canadian Borrower, and the transactions contemplated herebyhereby and in that regard, without limiting the generality of the foregoing, may require that the authorized signing officers of each of the Borrower, the Canadian Borrowers and the Guarantors who will be signing this Agreement, and other Loan Documents (each, a “signatory”) shall have made themselves available to the Administrative Agent, a Lender, the L/C Issuer and/or the Canadian L/C Issuer in person, and shall have produced to the Administrative Agent, such Lender, the L/C Issuer and/or the Canadian L/C Issuer a minimum of two unexpired identification documents (at least one of which must be a birth certificate, driver’s license, passport, provincial health insurance card, if permitted by the applicable provincial law, or other government-issued document) and permitted examination and the making of copies of same with a view to the Administrative Agent, such Lender, the L/C Issuer and/or the Canadian L/C Issuer gathering the full names of, and the dates of birth of each such signatory, the type of identification document examined, the reference numbers of each of the identification documents examined (collectively, the “Personal Information”) and such Personal Information (together with photocopies of each identification document examined) shall have been provided to the Administrative Agent, such Lender, the L/C Issuer and/or the Canadian L/C Issuer on or prior to the Closing Date. Each Obligor of the Borrower and the Canadian Borrowers shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender the Administrative Agent, a Lender, the L/C Issuer and/or the Canadian L/C Issuer, or any prospective assignee or participant of a Lender, the Agent or any Issuing Bankof them, 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 Obligor or any authorized signatories of any 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 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. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders agrees that neither the Agent nor any other agent hereunder has any obligation to ascertain the identity of the Obligors or any authorized signatories of the Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Credit Agreement (Student Transportation Inc.)

Canadian Anti-Money Laundering Legislation. (a) Each Obligor 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 Agent and Lenders may be required to obtain, verify and record information regarding the Obligors and their each Borrower, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Obligorssuch Borrower, and the transactions contemplated hereby. Each Obligor Borrowing 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 assignee assign or participant of a LenderLender or Agent, the Agent or any Issuing Bank, 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 Obligor Borrower or any authorized signatories of any Obligor 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 the 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. Notwithstanding the preceding sentence provisions of this Section and except as may otherwise be agreed in writing, each of the Lenders Lender agrees that neither the Agent nor any other agent hereunder has any no obligation to ascertain the identity of the Obligors Borrowers or any authorized signatories of the Obligors Borrowers on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor the Borrowers or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Mammoth Energy Services, Inc.)

Canadian Anti-Money Laundering Legislation. (a) Each Obligor acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), the Criminal Code (Canada) and the United Nations Act (Canada), including the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Canada) and the United Nations Al-Qaida and Taliban Regulations (Canada) promulgated under the United Nations Act (Canada), and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws laws, policies, regulations, or rules (collectively, including any rules, regulations, directives, guidelines or orders thereunder, “AML Legislation”), ) the Lenders and the Administrative Agent may be required to obtain, verify and record information regarding the Obligors and their respective each Obligor, its directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Obligorseach Obligor, and the transactions contemplated hereby. Each Obligor 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 assignee assign or participant of a Lender, Lender or the Agent or any Issuing BankAdministrative Agent, 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 Obligor or any authorized signatories of any Obligor 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, 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; and (iib) shall provide to each Lender the Lenders, copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders Lender agrees that neither the Administrative Agent nor any other agent hereunder has any no obligation to ascertain the identity of the Obligors or any authorized signatories of the Obligors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Credit Agreement (Iron Mountain Inc)

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Canadian Anti-Money Laundering Legislation. (ai) Each Obligor Loan Party acknowledges that, pursuant to the Proceeds of Crime Act (Money Laundering) and Terrorist Financing Act, S.C. 2000, c.17 and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws (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 the Obligors and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Obligors, and the transactions contemplated hereby. Each Obligor shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or any prospective assignee or participant of a Lender, the Agent or any Issuing Bank, in order to comply with any applicable AML Legislation, whether now or hereafter in existence.223667699 (bii) If the Administrative Agent has ascertained the identity of any Obligor Loan Party or any authorized signatories of any Obligor Loan Party for the purposes of applicable AML Legislation, then the Administrative Agent: : (iA) shall be deemed to have done so as an agent for itself, each Lender and each Issuing Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender, each Issuing Lender and the Administrative Agent within the meaning of the applicable AML Legislation; and and (iiB) shall provide to each Lender and each Issuing Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders and each of the Issuing Lenders agrees that neither the Administrative Agent nor any other agent hereunder has any no obligation to ascertain the identity of the Obligors Loan Parties or any authorized signatories of the Obligors Loan Parties on behalf of any Lenderof the Lenders or any of the Issuing Lenders, or to confirm the completeness or accuracy of any information it obtains from any Obligor Loan Party or any such authorized signatory in doing so. The Agent’s obligations 10.16 Acknowledgment and liabilities Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Section 14.18 shall any Loan Document, to the extent such liability is unsecured, may be subject to the terms write-down and conversion powers of Section 12 an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (i) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any Lender that is an EEA Financial Institution; and (ii) the effects of any Bail-in all respectsAction on any such liability, including, without limitationif applicable: (A) a reduction in full or in part or cancellation of any such liability; (B) a conversion of all, Sections 12.6or a portion of, 12.7such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and 12.9 that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to indemnification, limitations on responsibility, and reliance.any such liability under this Agreement or any other Loan Document; or 223667699

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Canadian Anti-Money Laundering Legislation. (a) (a) Each Obligor Borrower and Unlimited Guarantor 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 (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders may be required to obtain, verify and record information regarding the Obligors Borrowers and Unlimited Guarantors and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the ObligorsBorrowers and Unlimited Guarantors, and the transactions contemplated hereby. Each Obligor Borrower and Unlimited Guarantor shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or any prospective assignee or participant of a Lender, the Agent any Issuing Bank or any Issuing BankAgent, 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 Obligor Borrower and Unlimited Guarantor or any authorized signatories of any Obligor the Borrowers and Unlimited Guarantors 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 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. Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders agrees that neither the Agent nor any other agent hereunder has any obligation to ascertain the identity of the Obligors Borrowers and Unlimited Guarantors or any authorized signatories of the Obligors Borrowers and Unlimited Guarantors on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Obligor Borrower and Unlimited Guarantor or any such authorized signatory in doing so. The Agent’s obligations and liabilities under this Section 14.18 shall be subject to the terms of Section 12 in all respects, including, without limitation, Sections 12.6, 12.7, and 12.9 with respect to indemnification, limitations on responsibility, and reliance.

Appears in 1 contract

Samples: Credit Agreement (Firstservice Corp)

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