Common use of Disqualified Xxxxxxx Clause in Contracts

Disqualified Xxxxxxx. No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person (unless BGI has consented to such assignment as otherwise contemplated by this Section 9.04, in which case such person will not be considered a Disqualified Lender). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) the execution (or deemed execution) by BGI of an Assignment and Acceptance with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(i) shall not be void, but the other provisions of this clause (i) shall apply.

Disqualified Xxxxxxx. No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person (unless BGI the Borrower has consented to such assignment as otherwise contemplated by this Section 9.04, in which case such person will not be considered a Disqualified Lender). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) the execution (or deemed execution) by BGI the Borrower of an Assignment and Acceptance with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(ii) shall not be void, but the other provisions of this clause (i) shall apply.

Disqualified Xxxxxxx. (i) No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person Person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person Person (unless BGI the Borrower has consented to such assignment as otherwise contemplated by this Section 9.0410.07 (without giving effect to any deemed consent by the Borrower), in which case such person Person will not be considered a Disqualified LenderLender for the purpose of such assignment). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender at any time after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) for purposes of assignments subsequent to such time, the execution (or deemed execution) by BGI the Borrower of an Assignment and Acceptance Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(il)(i) shall not be void, but the other provisions of this clause (il) shall apply.

Disqualified Xxxxxxx. (i) No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person (unless BGI Parent has consented to such assignment as otherwise contemplated by this Section 9.04, in which case such person will not be considered a Disqualified LenderLender for the purpose of such assignment or participation). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) the execution (or deemed execution) by BGI the applicable Borrower of an Assignment and Acceptance with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lenderdisqualified Xxxxxx. Any assignment in violation of this clause (i)(i) shall not be void, but the other provisions of this clause (i) shall apply.

Disqualified Xxxxxxx. No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person Person that was a Disqualified Lender Xxxxxx as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person Person (unless BGI the Borrower has consented to such assignment as otherwise contemplated by this Section 9.0410.07 (without giving effect to any deemed consent by the Borrower), in which case such person Person will not be considered a Disqualified LenderLender for the purpose of such assignment). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender at any time after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) for purposes of assignments subsequent to such time, the execution (or deemed execution) by BGI the Borrower of an Assignment and Acceptance Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(il)(i) shall not be void, but the other provisions of this clause (il) shall apply.

Disqualified Xxxxxxx. No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person Person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person Person (unless BGI Parent Borrower has consented to such assignment as otherwise contemplated by this Section 9.0410.07 (without giving effect to any deemed consent by Parent Borrower), in which case such person Person will not be considered a Disqualified LenderLender for the purpose of such assignment). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender at any time after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) for purposes of assignments subsequent to such time, the execution (or deemed execution) by BGI Parent Borrower of an Assignment and Acceptance Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(il)(i) shall not be void, but the other provisions of this clause (il) shall apply.

Disqualified Xxxxxxx. No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, participation shall be made to any person Person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such person Person (unless BGI the Borrower has consented to such assignment as otherwise contemplated by this Section 9.0410.07 (without giving effect to any deemed consent by the Borrower), in which case such person Person will not be considered a Disqualified LenderXxxxxx for the purpose of such assignment). For the avoidance of doubt, with respect to any assignee or participant that becomes a Disqualified Lender at any time after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Disqualified Lender”), (x) such assignee shall not retroactively be disqualified from becoming a Lender or participant and (y) for purposes of assignments subsequent to such time, the execution (or deemed execution) by BGI the Borrower of an Assignment and Acceptance Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment in violation of this clause (i)(il)(i) shall not be void, but the other provisions of this clause (il) shall apply.

Disqualified Xxxxxxx. (i) No assignment or, to the extent the DQ List has been posted on the Platform for all Lenders, or participation shall be made to any person Person that was a Disqualified Lender as of the date (the “Trade Date”) on which the applicable assigning Lender entered into a binding agreement to sell and assign or participate grant a participation in all or a portion of its rights and obligations under this Agreement to such person Person (unless BGI the Borrower has consented to such assignment as otherwise contemplated by this Section 9.04or participation in writing in its sole and absolute discretion, in which case such person Person will not be considered a Disqualified LenderLender for the purpose of such assignment or participation). For the avoidance of doubt, with respect to any assignee or participant Participant that becomes a Disqualified Lender after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or written supplement to the expiration list of the notice period “Disqualified Lenders” referred to in, the definition of “Disqualified Lender”), (x) such assignee or Participant shall not retroactively be disqualified from becoming a Lender or participant Participant and (y) the execution (or deemed execution) by BGI the Borrower of an Assignment and Acceptance Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment or participation in violation of this clause (i)(id)(i) shall not be void, but the other provisions of this clause (id) shall apply.