Common use of Dutch Banking Act Clause in Contracts

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 at the reasonable request of such Borrower, such Lender or Issuing Bank shall provide to such Borrower information reasonably available to such Lender or Issuing Bank in order to enable such Borrower to verify that such Lender or Issuing Bank is a PMP.

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 AFSAct, 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 AFSRegulation), 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 AFSAct, 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 at the reasonable request of such Borrower, such Lender or Issuing Bank shall provide to such Borrower information reasonably available to such Lender or Issuing Bank in order to enable such Borrower to verify that such Lender or Issuing Bank is a PMP.

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 AFSAct, 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, Borrower or 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 AFSRegulation), 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 AFSAct, 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 at the reasonable request of such Borrower, such Lender or Issuing Bank shall provide to such Borrower information reasonably available to such Lender or Issuing Bank in order to enable such Borrower to verify that such Lender or Issuing Bank is a PMP.