Common use of No Reliance on Administrative Agent’s Customer Identification Program Clause in Contracts

No Reliance on Administrative Agent’s Customer Identification Program. (a) Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on Administrative Agent to carry out such Lender’s, Affiliate’s, participant’s or assignee’s customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “CIP Regulations”), or any other anti-terrorism law, including any programs involving any of the following items relating to or in connection with Borrower or any of its Subsidiaries, any of their respective Affiliates or agents, the Loan Documents or the transactions hereunder: (i) any identity verification procedures, (ii) any record keeping, (iii) any comparisons with government lists, (iv) any customer notices or (v) any other procedures required under the CIP Regulations or such other laws. (b) Each Lender or assignee or participant of a Lender that is not organized under the laws of the United States or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (x) within 10 days after the Effective Date, and (y) at such other times as are required under the USA Patriot Act. 12.16 Certain Payments (a) Each Lender hereby agrees that if, at any time, (i) it receives any amount from Administrative Agent on account of the Indebtedness, whether for principal, interest, fees or otherwise (the “Applicable Payment”), and whether or not such amount or any other amount is then due and owing to such Lender by Borrower or any Credit Party, and (ii) Administrative Agent subsequently notifies such Lender that the Applicable Payment was either (A) made in error or (B) has not been reimbursed by Borrower, in whole or in part,

No Reliance on Administrative Agent’s Customer Identification Program. (a) Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Administrative Agent to carry out such Lender’sXxxxxx's, Affiliate’s's, participant’s 's or assignee’s 's customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot PATRIOT Act or the regulations thereunder, including - 102 - the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “"CIP Regulations”"), or any other antiAnti-terrorism lawTerrorism Law, including any programs involving any of the following items relating to or in connection with Borrower or any of its Subsidiariesthe Loan Parties, any of their respective Affiliates or their agents, the Loan Documents or the transactions hereunderhereunder or contemplated hereby: (i) any identity verification procedures, (ii) any record keepingrecordkeeping, (iii) any comparisons with government lists, (iv) any customer notices or (v) any other procedures required under the CIP Regulations or such other Laws. Each Loan party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Administrative Agent may be required to obtain, verify and record information regarding each Borrower and Guarantor, their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Borrowers and Guarantors, and the transactions contemplated hereby. (b) Each Borrowers shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or assignee Administrative Agent, or any prospective assign or participant of a Lender that is not organized under or Administrative Agent, in order to comply with any applicable AML Legislation, whether now or hereafter in existence. If Administrative Agent has ascertained the laws identity of the United States Borrowers or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (x) within 10 days after the Effective Date, and (y) at such other times as are required under the USA Patriot Act. 12.16 Certain Payments (a) Each Lender hereby agrees that if, at any time, (i) it receives any amount from Administrative Agent on account of the Indebtedness, whether for principal, interest, fees or otherwise (the “Applicable Payment”), and whether or not such amount Guarantors or any other amount is authorized signatories of such Persons for the purposes of applicable AML Legislation, then due and owing to such Lender by Borrower or any Credit Party, and (ii) Administrative Agent subsequently notifies such Lender that the Applicable Payment was either (A) made in error or (B) has not been reimbursed by Borrower, in whole or in part,Agent:

No Reliance on Administrative Agent’s Customer Identification Program. (a) Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Administrative Agent to carry out such Lender’s's, Affiliate’s's, participant’s 's or assignee’s 's customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot PATRIOT Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “"CIP Regulations”"), or any other antiAnti-terrorism lawTerrorism Law, including any programs involving any of the following items relating to or in connection with Borrower or any of its Subsidiariesthe Loan Parties, any of their respective Affiliates or their agents, the Loan Documents or the transactions hereunderhereunder or contemplated hereby: (i) any identity verification procedures, (ii) any record keepingrecordkeeping, (iii) any comparisons with government lists, (iv) any customer notices or (v) any other procedures required under the CIP Regulations or such other Laws. Each Loan party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Administrative Agent may be required to obtain, verify and record information regarding each Borrower and Guarantor, their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Borrowers and Guarantors, and the transactions contemplated hereby. (b) Each Borrowers shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or assignee Administrative Agent, or any prospective assign or participant of a Lender that is not organized under or Administrative Agent, in order to comply with any applicable AML Legislation, whether now or hereafter in existence. If Administrative Agent has ascertained the laws identity of the United States Borrowers or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (x) within 10 days after the Effective Date, and (y) at such other times as are required under the USA Patriot Act. 12.16 Certain Payments (a) Each Lender hereby agrees that if, at any time, (i) it receives any amount from Administrative Agent on account of the Indebtedness, whether for principal, interest, fees or otherwise (the “Applicable Payment”), and whether or not such amount Guarantors or any other amount is authorized signatories of such Persons for the purposes of applicable AML Legislation, then due and owing to such Lender by Borrower or any Credit Party, and (ii) Administrative Agent subsequently notifies such Lender that the Applicable Payment was either (A) made in error or (B) has not been reimbursed by Borrower, in whole or in part,Agent:

No Reliance on Administrative Agent’s Customer Identification Program. (a) Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Administrative Agent to carry out such Lender’s's, Affiliate’s's, participant’s 's or assignee’s 's customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot PATRIOT Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “"CIP Regulations”"), or any other antiAnti-terrorism lawTerrorism Law or Anti-Corruption Law, including any programs involving any of the following items relating to or in connection with Borrower or any of its Subsidiariesthe Loan Parties, any of their respective Affiliates or their agents, the Loan Documents or the transactions hereunderhereunder or contemplated hereby: (i) any identity verification procedures, (ii) any record keepingrecordkeeping, (iii) any comparisons with government lists, (iv) any customer notices or (v) any other procedures required under the CIP Regulations or such other Laws. Each Loan party acknowledges that, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, whether within Canada or elsewhere (collectively, including any guidelines or orders thereunder, “AML Legislation”), the Lenders and Administrative Agent may be required to obtain, verify and record information regarding each Borrower and Guarantor, their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Borrowers and Guarantors, and the transactions contemplated hereby. (b) Each Borrowers shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or assignee Administrative Agent, or any prospective assign or participant of a Lender that is not organized under or Administrative Agent, in order to comply with any applicable AML Legislation, whether now or hereafter in existence. If Administrative Agent has ascertained the laws identity of the United States Borrowers or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (x) within 10 days after the Effective Date, and (y) at such other times as are required under the USA Patriot Act. 12.16 Certain Payments (a) Each Lender hereby agrees that if, at any time, (i) it receives any amount from Administrative Agent on account of the Indebtedness, whether for principal, interest, fees or otherwise (the “Applicable Payment”), and whether or not such amount Guarantors or any other amount is authorized signatories of such Persons for the purposes of applicable AML Legislation, then due and owing to such Lender by Borrower or any Credit Party, and (ii) the Administrative Agent subsequently notifies such Lender that the Applicable Payment was either (A) made in error or (B) has not been reimbursed by Borrower, in whole or in part,Agent: