Common use of Compliance with the Swiss Non-Bank Rules Clause in Contracts

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor is in compliance with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor shall not be in breach of this representation if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.05; (ii) a confirmation made by one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.22, each Swiss Obligor shall assume that the aggregate number of Lenders or Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten (10).

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor is in compliance with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor shall not be in breach of this representation if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.05; (ii) a confirmation made by a one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure Loan under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.226.19, each Swiss Obligor shall assume that the aggregate number of Lenders or Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten (10)eight.

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor is in compliance shall comply with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor shall not be in breach of this representation covenant if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.05; (ii) a confirmation made by a one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure Loan under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.227.11, each Swiss Obligor shall assume that the aggregate number of Lenders or and Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten (10)eight.

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor is in compliance shall comply with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor shall not be in breach of this representation covenant if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.05; (ii) a confirmation made by one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure Loan under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.227.12, each Swiss Obligor shall assume that the aggregate number of Lenders or and Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten eight (10)8).

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor is in compliance with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor shall not be in breach of this representation if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.05; (ii) a confirmation made by one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure Loan under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.22, each Swiss Obligor shall assume that the aggregate number of Lenders or Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten (10)eight.

Compliance with the Swiss Non-Bank Rules. (a) Each Swiss Obligor Loan Party is in compliance with the Swiss Non-Bank Rules; provided, however, that a Swiss Obligor Loan Party shall not be in breach of this representation if the permitted number of Swiss Non-Qualifying Lenders is exceeded solely by reason of: (i) a failure by one or more Lenders or Participants to comply with their obligations under Section 11.0513.1; (ii) a confirmation made by one or more Lenders or Participants to be one single Swiss Non-Qualifying Lender is incorrect; (iii) one or more Lenders or Participants ceasing to be a Swiss Qualifying Lender (to the extent such Lender or Participant is confirmed to be a Swiss Qualifying Lender) as a result of any reason attributable to such Lender or Participant; or (iv) an assignment or participation of any Commitments or LC Exposure under this Agreement to a Swiss Non-Qualifying Lender after the occurrence of an Event of Default. (b) For the purposes of this Section 6.224.29, each Swiss Obligor Loan Party shall assume that the aggregate number of Lenders or Participants under this Agreement which are Swiss Non-Qualifying Lenders is ten (10).