Dutch Banking Act. Each Dutch Borrower is in compliance with the Dutch Banking Act and any regulations issued pursuant thereto.
Dutch Banking Act. Each Dutch Loan Party is in compliance with the Dutch Financial Supervision Act (Wet op het financieel toezicht) and any regulations issued pursuant thereto (including, but not limited to, the Policy Guidelines and Exemption Regulation).
Dutch Banking Act. If the Company is a credit institution (kredietinstelling) under the Dutch Banking Act, it is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulation, including the Dutch Exemption Regulation.
Dutch Banking Act. On the Effective Date UPC Broadband is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulations.
Dutch Banking Act. (a) On the Effective Date, UPC Distribution is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulations; and
(b) On the date falling 30 days after the Effective Date, UPC Distribution has verified, by obtaining a duly completed and executed Verification Letter, the status of each Facility A Lender under this Agreement either as:
(i) a Professional Market Party; or
(ii) exempted from the requirement to be a Professional Market Party because it forms part of a closed circle (besloten xxxxx) with UPC Distribution.
Dutch Banking Act. (a) On the date of this Agreement, each Lender (including the Swingline Lender) and each Issuing Bank in respect of the European Tranche or the Canadian Tranche, but in case of the Canadian Tranche only to the extent the Dutch Borrower has requested the issuance of a Revolving Letter of Credit thereunder, hereby represents and warrants for the benefit of the Dutch Borrower, the Administrative Agent and the other Lenders that (i) it is a PMP (the requirements of which are set forth on Schedule 9.22), (ii) it is aware that it does not benefit from the (creditor) protection offered by the Dutch Banking Act when lending monies to persons or entities which are subject to the prohibition of Section 82 of the Dutch Banking Act or, after enactment thereof, Section 3:5 of the AFS, and (iii) in light of the foregoing and other considerations, it has made its own independent appraisal of risks arising under or in connection with the Loan Documents.
(b) On each date that an Assignee of any Loan to the Dutch Borrower, any European Tranche Commitment or Canadian Tranche Exposure or, pursuant to Section 2.21, any Incremental Revolving Facility Lender or Incremental Term Lender (if the applicable Incremental Revolving Facility Loans or Incremental Term Loans are to be made available to the Dutch Borrower) becomes a Lender, if such is at the time such person becomes a Lender a requirement under Dutch law (including the Exemption Regulation and, after enactment thereof, the AFS), such Lender hereby represents and warrants for the benefit of the Dutch Borrower, the Administrative Agent and the Lenders that (i) it is a PMP (the current requirements of which are set forth on Schedule 9.22), (ii) it is aware that it does not benefit from the (creditor) protection offered by the Dutch Banking Act when lending monies to persons or entities that are subject to the prohibition of Section 82 of the Dutch Banking Act or, after enactment thereof, Section 3:5 of the AFS, and (iii) in light of the foregoing and other considerations, it has made its own independent appraisal of risks arising under or in connection with the Loan Documents, and each Issuing Bank under the European Tranche represents that it is a PMP (the current requirements of which are set forth on Schedule 9.22).
(c) If at any time the U.S. Borrower or the Dutch Borrower has, after due enquiry in the relevant publicly available registers, reasonable grounds to believe that any Lender or Issuing Bank is not a PMP, then a...
Dutch Banking Act. Notwithstanding any provision hereof to the contrary, no Lender shall at any time have a Commitment of less than a Dollar Equivalent of 100,000 Euro to a Borrower that is incorporated or organized under Dutch law (a “Dutch Borrower”) unless such Lender shall have delivered to such Dutch Borrower and the Administrative Agent a certificate confirming that it is a professional market party (professionele marktpartij) within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht); and any Lender delivering such a certificate will from time to time take such steps as such Dutch Borrower may reasonably request to verify its status as such a professional market party.
Dutch Banking Act. (a) On the date of this Agreement (i) if the European JV is a credit institution (kredietinstelling) under the Dutch Banking Act, it is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulations including, but not limited to, the Dutch Exemption Regulation; and (ii) each Person which is a Lender under this Agreement is either (A) a Professional Market Party under the Dutch Exemption Regulation or (B) exempted from the re-quirement to be a Professional Market Party because it forms part of a closed circle (besloten xxxxx) with the European J.V..
(b) At the time of each assignment under Section 9.04, if at the time thereof it is a requirement of Dutch law, the assignee shall be a Professional Market Party. If on the date of an assignment, it is a requirement of Dutch law that an assignee must be a Professional Market Party, the European J.V. must make the representation that it has verified the status of each person which is a Lender under this Agreement either as (i) a Professional Market Party under the Dutch Exemption Regulation; or (ii) exempted from the requirement to be a Professional Market Party because it forms part of a closed circle (besloten xxxxx) with the European J.V. On the date that an assignee becomes party to this Agreement as a Lender that Lender hereby represents and warrants that on that date it is either (A) a Professional Market Party under the Dutch Exemption Regulation; or (B) exempted from the requirement to be a Professional Market Party because it forms part of a closed circle (besloten xxxxx) with the European J.V., as evidenced by a verification letter delivered to the European J.V. in substantially the form attached hereto as Exhibit G
(c) For purposes of this Section 9.17:
Dutch Banking Act. If the Borrower is a credit institution (kredietinstelling) under the Dutch Banking Act, it is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulation, including the Dutch Exemption Regulation.
Dutch Banking Act. (a) On the Effective Date, UPC Broadband is in compliance with the applicable provisions of the Dutch Banking Act and any implementing regulations; and
(b) On the date falling 30 days after the Effective Date, UPC Broadband has verified, by obtaining a duly completed and executed Verification Letter, the status of each Facility A Lender under this Agreement either as:
(i) a Professional Market Party; or
(ii) exempted from the requirement to be a Professional Market Party because it forms part of a closed circle (besloten xxxxx) with UPC Broadband.
