Common use of EU Transparency Requirements Clause in Contracts

EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the EU Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the EU Securitisation RegulationRegulations) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports. (b) Without prejudice to their rights hereunder and without accepting any liability, each Relevant Recipient a party hereto acknowledges (or in the case of additional Lenders, shall acknowledge) that the agreed form of the transaction summary as set out in Schedule 10 is the transaction summary to be provided to each Relevant Recipient by the Borrower in accordance with the requirements of Article 7(1)(c) of the EU Securitisation Regulation. The Borrower (or the Servicer on its behalf) shall make the same available to the Competent Authorities to the extent required under the EU Transparency Requirements. (c) None of the Borrower and the Servicer shall be liable for the relevant Lender’s compliance with such Lxxxxx’s own obligations under the Securitisation Regulation or any other similar regulatory obligations. For the avoidance of doubt, the preceding sentence shall not limit the liability of the Borrower or the Servicer for any breach of their respective obligations under this Agreement, including this Section 13.24.

EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the EU Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the EU Securitisation RegulationRegulationsRegulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports; provided that the first Investor Reports and Portfolio Reports shall not be required to be provided until the six-month anniversary of the Second Amendment Effective Date; provided further, that the Borrower and the Administrative Agent may agree to extend the time period set forth in the prior proviso such that the first Investor Reports and Portfolio Reports will be required to be provided on a date after the six-month anniversary of the Second Amendment Effective Date if (x) the Borrower has provided evidence reasonably acceptable to the Administrative Agent that it has made good faith commercially reasonable attempts to engage FinDox or another agent reasonably acceptable to the Borrower and BNP Paribas to assist in satisfying its reporting obligations within the time frame set forth in the previous proviso and (y) BNP Paribas, in its capacity as Lender, has consented (such consent not to be unreasonably withheld or conditioned) to such extension. (b) Without prejudice to their rights hereunder and without accepting any liability, each Relevant Recipient a party hereto acknowledges (or in the case of additional Lenders, shall acknowledge) that the agreed form of the transaction summary as set out in Schedule 10 11 is the transaction summary to be provided to each Relevant Recipient by the Borrower in accordance with the requirements of Article 7(1)(c) of the EU Securitisation Regulation. The Borrower (or the Servicer on its behalf) shall make the same available to the Competent Authorities to the extent required under the EU Transparency Requirements. (c) None of the Borrower and the Servicer shall be liable for the relevant Lender’s compliance with such Lxxxxx’s own obligations under the Securitisation Regulation or any other similar regulatory obligations. For the avoidance of doubt, the preceding sentence shall not limit the liability of the Borrower or the Servicer for any breach of their respective obligations under this Agreement, including this Section 13.24.)

EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the EU Securitisation Regulation, and has agreed to make available to to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the EU Securitisation RegulationRegulationsRegulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports; provided that the first Investor Reports and Portfolio Reports shall not be required to be provided until the six-month anniversary of the Third Amendment Effective Date; provided further, that the Borrower and the Administrative Agent may agree to extend the time period set forth in the prior proviso such that the first Investor Reports and Portfolio Reports will be required to be provided on a date after the six-month anniversary of the Third Amendment Date if (x) the Borrower has provided evidence reasonably acceptable to the Administrative Agent that it has made good faith commercially reasonable attempts to engage FinDox or another agent reasonably acceptable to the Borrower and BNP Paribas to assist in satisfying its reporting obligations within the time frame set forth in the previous proviso and (y) BNP Paribas, in its capacity as Lender, has consented (such consent not to be unreasonably withheld or conditioned) to such extension. (b) Without prejudice to their rights hereunder and without accepting any liability, each Relevant Recipient a party hereto acknowledges (or in the case of additional Lenders, shall acknowledge) that the agreed form of the transaction summary as set out in Schedule 10 11 is the transaction summary to be provided to each Relevant Recipient by the Borrower in accordance with the requirements of Article 7(1)(c) of the EU Securitisation Regulation. The Borrower (or the Servicer on its behalf) shall make the same available to the Competent Authorities to the extent required under the EU Transparency Requirements. (c) None of the Borrower and the Servicer shall be liable for the relevant Lender’s compliance with such Lxxxxx’s own obligations under the Securitisation Regulation or any other similar regulatory obligations. For the avoidance of doubt, the preceding sentence shall not limit the liability of the Borrower or the Servicer for any breach of their respective obligations under this Agreement, including this Section 13.24.)

EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the EU Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the EU Securitisation RegulationRegulationsRegulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports. (b) Without prejudice to their rights hereunder and without accepting any liability, each Relevant Recipient a party hereto acknowledges (or in the case of additional Lenders, shall acknowledge) that the agreed form of the transaction summary as set out in Schedule 10 is the transaction summary to be provided to each Relevant Recipient by the Borrower in accordance with the requirements of Article 7(1)(c) of the EU Securitisation Regulation. The Borrower (or the Servicer on its behalf) shall make the same available to the Competent Authorities to the extent required under the EU Transparency Requirements. (c) None of the Borrower and the Servicer shall be liable for the relevant Lender’s compliance with such LxxxxxXxxxxx’s own obligations under the Securitisation Regulation or any other similar regulatory obligations. For the avoidance of doubt, the preceding sentence shall not limit the liability of the Borrower or the Servicer for any breach of their respective obligations under this Agreement, including this Section 13.24.

EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the EU Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the EU Securitisation RegulationRegulationsRegulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports; provided that the first Investor Reports and Portfolio Reports shall not be required to be provided until the six-month anniversary of the Third Amendment Effective Date; provided further, that the Borrower and the Administrative Agent may agree to extend the time period set forth in the prior proviso such that the first Investor Reports and Portfolio Reports will be required to be provided on a date after the six-month anniversary of the Third Amendment Date if (x) the Borrower has provided evidence reasonably acceptable to the Administrative Agent that it has made good faith commercially reasonable attempts to engage FinDox or another agent reasonably acceptable to the Borrower and BNP Paribas to assist in satisfying its reporting obligations within the time frame set forth in the previous proviso and (y) BNP Paribas, in its capacity as Lender, has consented (such consent not to be unreasonably withheld or conditioned) to such extension. (b) Without prejudice to their rights hereunder and without accepting any liability, each Relevant Recipient a party hereto acknowledges (or in the case of additional Lenders, shall acknowledge) that the agreed form of the transaction summary as set out in Schedule 10 11 is the transaction summary to be provided to each Relevant Recipient by the Borrower in accordance with the requirements of Article 7(1)(c) of the EU Securitisation Regulation. The Borrower (or the Servicer on its behalf) shall make the same available to the Competent Authorities to the extent required under the EU Transparency Requirements. (c) None of the Borrower and the Servicer shall be liable for the relevant Lender’s compliance with such Lxxxxx’s own obligations under the Securitisation Regulation or any other similar regulatory obligations. For the avoidance of doubt, the preceding sentence shall not limit the liability of the Borrower or the Servicer for any breach of their respective obligations under this Agreement, including this Section 13.24.)