Common use of Lender Status Confirmation Clause in Contracts

Lender Status Confirmation. 13.9.1 The Original Lender shall indicate to the Company, no later than fifteen Business Days before the first Interest Payment Date, in which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party. 13.9.2 Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, the Assignment Agreement, or such other document which it executes on becoming a Party, which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party. 13.9.3 If a Lender fails to indicate its status in respect of a US Tax Obligor in accordance with Clauses 13.9.1 or 13.9.2 above (as applicable) then such Lender shall be treated for the purposes of this Agreement (including by the relevant Obligor) as if it is not a US Qualifying Finance Party until such time as it notifies the Company which category applies. For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, or other such document shall not invalidated by any failure of a Finance Party to comply with this Clause 13.9.

Appears in 3 contracts

Samples: Facilities Agreement, Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)

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Lender Status Confirmation. 13.9.1 The Original Lender shall indicate to the Company, no later than fifteen Business Days before the first Interest Payment Date, in which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party. 13.9.2 Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, the Assignment Agreement, or such other document which it executes on becoming a Party, Party for the benefit of the Agent which of the following categories it falls falls: (i) in respect of a US Tax ObligorBorrower: (aA) not a US Qualifying Finance Party; or (bB) a US Qualifying Finance Party. 13.9.3 (b) Upon written request of the Obligors’ Agent to an Original Lender (such request to be given no later than 15 Business Days before the first interest payment date), that Original Lender shall indicate to the Obligors’ Agent and the Agent, before the first interest payment date, in which of the following categories it falls: (i) in respect of a US Borrower: (A) not a US Qualifying Finance Party; or (B) a US Qualifying Finance Party. 106 Project Unicorn - Facilities Agreement (c) If a Lender or the Agent fails to indicate its status in respect of a US Tax Obligor Borrower in accordance with Clauses 13.9.1 paragraphs (a) or 13.9.2 (b) above (as applicable) then such Lender or Agent, as applicable, shall be treated for the purposes of this Agreement (including by the relevant Obligor) as if it is not a US Qualifying Finance Party until such time as it notifies the Company Agent and the Obligors’ Agent which category applies. For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, or other such document shall not invalidated by any failure of a Finance Party to comply with this Clause 13.915.9.

Appears in 1 contract

Samples: Facilities Agreement (New Frontier Health Corp)

Lender Status Confirmation. 13.9.1 The Original Lender shall indicate to the Company, no later than fifteen Business Days before the first Interest Payment Date, in which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party. 13.9.2 Each Lender which becomes a Party to this Agreement after the date of this Agreement Signing Date shall indicate, in the Transfer Certificate, the Assignment Agreement, or such other document which it executes on becoming a Party, Party for the benefit of the Agent which of the following categories it falls falls: (i) in respect of a US Tax ObligorBorrower: (aA) not a US Qualifying Finance Party; or (bB) a US Qualifying Finance Party. 13.9.3 (b) Upon written request of the Obligors’ Agent to an Original Lender (such request to be given no later than 15 Business Days before the first Interest Payment Date), that Original Lender shall indicate to the Obligors’ Agent and the Agent, before the first Interest Payment Date, in which of the following categories it falls: (i) in respect of a US Borrower: (A) not a US Qualifying Finance Party; or (B) a US Qualifying Finance Party. (c) If a Lender or the Agent fails to indicate its status in respect of a US Tax Obligor Borrower in accordance with Clauses 13.9.1 paragraphs (a) or 13.9.2 (b) above (as applicable) then such Lender or Agent, as applicable, shall be treated for the purposes of this Agreement (including by the relevant Obligor) as if it is not a US Qualifying Finance Party until such time as it notifies the Company Agent and the Obligors’ Agent which category applies. For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, or other such document shall not invalidated by any failure of a Finance Party to comply with this Clause 13.915.9.

Appears in 1 contract

Samples: Facilities Agreement (New Frontier Public Holding Ltd.)

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Lender Status Confirmation. 13.9.1 12.9.1 The Original Lender shall indicate to the CompanyBorrower, no later than fifteen Business Days before the first Interest Payment Date, in which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party.. Facility Agreement _Powerfleet_ 43 13.9.2 12.9.2 Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, the Assignment Agreement, or such other document which it executes on becoming a Party, which of the following categories it falls in respect of a US Tax Obligor: (a) not a US Qualifying Finance Party; or (b) a US Qualifying Finance Party. 13.9.3 12.9.3 If a Lender fails to indicate its status in respect of a US Tax Obligor in accordance with Clauses 13.9.1 12.9.1 or 13.9.2 above 12.9.2 (as applicable) then such Lender shall be treated for the purposes of this Agreement (including by the relevant Obligor) as if it is not a US Qualifying Finance Party until such time as it notifies the Company Borrower which category applies. For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, or other such document shall not invalidated by any failure of a Finance Party to comply with this Clause 13.912.9.

Appears in 1 contract

Samples: Facility Agreement (Powerfleet, Inc.)

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