Common use of Lender Status Confirmation Clause in Contracts

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation which it executes on becoming a Party, which of the following categories it falls in: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status Confirmation) then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate shall not be invalidated by any failure of a Lender to comply with this clause.

Appears in 3 contracts

Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities (Amec PLC)

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Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement Initial Signing Date shall indicate, indicate in the Transfer Certificate or Increase Confirmation Assignment Agreement which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); (ii) a Treaty Lender; or (iii) not a Treaty Qualifying Lender. (b) If such a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status Confirmation) Clause 15.9 then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate Certificate, Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this clauseClause 15.9].

Appears in 2 contracts

Samples: Fifth Amendment and Restatement Agreement, Facility Agreement

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Loan Party, which of the following categories it falls in: (i) not a Qualifying Lender;; or (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status Confirmation) Clause 14.7 then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each ObligorLoan Party) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this clauseClause 14.7.

Appears in 2 contracts

Samples: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation which it executes on becoming a Party, which of the following categories it falls in: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 12.5 (Lender Status Confirmation) then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate shall not be invalidated by any failure of a Lender to comply with this clause.

Appears in 2 contracts

Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation which it executes on becoming a Party, and for the benefit of the Facility Agent and without any liability to any Obligor, which of the following categories it falls in, in respect of each Obligor: (i) not a Qualifying Lender; (iia) a Qualifying Lender (other than a Treaty Lender); (b) a Treaty Lender; or (iiic) not a Treaty Qualifying Lender. (b) . If a New Lender or an Increase Lender fails to indicate indicated its status in accordance with this Subclause 14.5 (Lender Status Confirmation) Clause 12.7 then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this clauseClause 12.7.

Appears in 2 contracts

Samples: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)

Lender Status Confirmation. (a) Each Lender which becomes a Party party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation Assignment Agreement which it executes on becoming a Partyparty, which and for the benefit of the following categories Administrative Agent and without liability to any Borrower, that it falls in: is either (iA) not a U.K. Qualifying Lender; ; (iiB) a U.K. Qualifying Lender (other than a U.K. Treaty Lender); or or (iiiC) a U.K. Treaty Lender. (b) If a New Lender or an Increase , and if such new Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status ConfirmationSection 7.6(f) then such New Lender or Increase new Lender shall be treated for the purposes of this Agreement (including by each ObligorBorrower) as if it is not a U.K. Qualifying Lender until such time as it notifies the Facility Administrative Agent which category applies (and the Facility Administrative Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate an Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this clauseSection 7.6(g).

Appears in 1 contract

Samples: Credit Agreement (Landauer Inc)

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (ia) not a Qualifying Lender; (iib) a Qualifying Lender (other than a Treaty Lender); or (iiic) a Treaty Lender. (b) . If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status Confirmation) Clause 13.5 then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the CompanyObligors). For the avoidance of doubt, a Transfer Certificate Certificate, Assignment Agreement or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this clauseClause 13.5.

Appears in 1 contract

Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)

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Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation Assignment Agreement which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause clause 14.5 (Lender Status Confirmation) then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this clauseclause 14.5 (Lender Status Confirmation).

Appears in 1 contract

Samples: Facility Agreement

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation Assignment Agreement which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Obligor, in which of the following categories it falls infalls: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause Clause 14.5 (Lender Status Confirmation) then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the CompanyObligors). . (c) For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a any Lender to comply with this clauseClause 14.5.

Appears in 1 contract

Samples: Senior Facility Agreement (International Game Technology PLC)

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement Amendment Effective Date shall indicate, in the Transfer Certificate or Increase Confirmation which it executes on becoming a Party, and for the benefit of the Facilities Agent and without liability to the Obligors, which of the following categories it falls in: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender. (b) If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause 14.5 (Lender Status Confirmation) Clause 18.6 then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Facilities Agent which category applies (and the Facility Facilities Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate or Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this clauseClause 18.6.

Appears in 1 contract

Samples: Multicurrency Revolving Facilities Agreement (Carnival PLC)

Lender Status Confirmation. (a) Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate or Increase Confirmation Assignment Agreement which it executes on becoming a Party, and for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (ia) not a Qualifying Lender; (iib) a Qualifying Lender (other than a Treaty Lender); or (iiic) a Treaty Lender. (b) . If a New Lender or an Increase Lender fails to indicate its status in accordance with this Subclause Clause 14.5 (Lender Status Confirmation) then such New Lender or Increase Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Facility Agent which category applies (and the Facility Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this clauseClause 14.5.

Appears in 1 contract

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

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