Common use of Disenfranchisement on Debt Purchase Transactions entered into by Borrower Affiliates Clause in Contracts

Disenfranchisement on Debt Purchase Transactions entered into by Borrower Affiliates. (a) Subject to clause 26.2 (Conditions of assignment or transfer), for so long as a Borrower Affiliate: (i) beneficially owns any participation in the Utilisation drawn utilising a Commitment; or (ii) has entered into a Debt Purchase Transaction relating to such a participation or Commitment and such agreement or arrangement has not been terminated: (A) in ascertaining whether the Majority Lenders, all Lenders or Lenders representing any given percentage of the Total Commitments give a consent, approval, waiver, amendment, instructions or other decision under the Finance Documents such participation and Commitment shall be deemed to be zero; and (B) for the purposes of clause 42.2 (All Lender matters), such Borrower Affiliate or the person with whom it has entered into such sub-participation, other agreement or arrangement shall be deemed not to be a Lender (unless it is a Lender with another Commitment and is not a Borrower Affiliate). (b) Each Lender shall promptly notify the Agent in writing if: Loan Note Subscription Agreement | DLA Piper | 114 (i) it knowingly enters into a Debt Purchase Transaction with a Borrower Affiliate; or (ii) such transaction is terminated or ceases to be with a Borrower Affiliate.

Disenfranchisement on Debt Purchase Transactions entered into by Borrower Affiliates. (a) Subject to clause 26.2 Clause 29.2 (Conditions of assignment or transfernovation), for so long as a Borrower Affiliate: Affiliate (i) beneficially owns any participation in the a Utilisation drawn utilising a Commitment; or Commitment or (ii) has entered into a Debt Purchase Transaction relating to such a participation or Commitment and such agreement or arrangement has not been terminated: (Ai) in ascertaining whether the Majority Lenders, all Lenders or Lenders representing any given percentage of the Total Commitments give a consent, approval, waiver, amendment, instructions or other decision under the Finance Documents such participation and Commitment shall be deemed to be zero; and (Bii) for the purposes of clause Clause 42.2 (All Lender matters), such Borrower Affiliate or the person with whom it has entered into such sub-participation, other agreement or arrangement shall be deemed not to be a Lender (unless it is a Lender with another Commitment and is not a Borrower Affiliate). (b) Each Lender shall promptly notify the Agent in writing if: Loan Note Subscription Agreement | DLA Piper | 114: (i) it knowingly enters into a Debt Purchase Transaction with a Borrower Affiliate; or (ii) such transaction is terminated or ceases to be with a Borrower Affiliate. (c) Each Borrower Affiliate that is a Lxxxxx agrees that: (i) unless the Agent otherwise agrees, it shall not attend or participate in any meeting or conference call of Lenders or be entitled to receive the agenda or any minutes of any such meeting or conference call; and (ii) in its capacity as Lender, unless the Agent otherwise agrees, it shall not be entitled to receive any report or other document prepared at the behest of, or on the instructions of, the Agent or one or more of the Lenders.