Non-Bank Rules. Each Swiss Borrower shall ensure that it is in compliance with the Non-Bank-Rules, provided that a Swiss Borrower shall not be in breach of this Clause 22.30 if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) or Clause 27 (Changes to the Lenders). For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure at any time that it is in compliance with the Non-Bank-Rules, provided that a Swiss Borrower shall not be in breach of this Clause 22.30 25.4 if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) or Clause 27 (Changes to the Lenders). For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.3025.4, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 4 contracts
Samples: Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 4 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure represents and warrants that it is in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 representation if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their its obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 5.8, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 4 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)
Non-Bank Rules. Each The Swiss Borrower shall ensure that it is in compliance with the Non-Bank-Bank Rules, provided that a the Swiss Borrower shall not be in breach of this Clause 22.30 undertaking if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason because a Lender having (a) made an incorrect declaration of its status as to whether or not it is a failure by one Qualifying Bank or more (b) ceased to be a Qualifying Bank other than as a result of any Change in Law after the Lenders to comply with their obligations date it became a Lender under Clause 16.5 (Lender Status Confirmation) or Clause 27 (Changes to the Lenders)this Agreement. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 5.18, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders) and it will be assumed that the Lenders are in compliance with the assignment provisions in Section 9.04(b).
Appears in 2 contracts
Samples: Credit Agreement (Garrett Motion Inc.), Credit Agreement (Garrett Motion Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure at any time that it is in compliance with the Non-Bank-Rules, provided that a Swiss Borrower shall not be in breach of this Clause 22.30 25.4 if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 16.2 (Lender Status ConfirmationTax gross-up) or Clause 27 (Changes to the Lenders). For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.3025.4, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 2 contracts
Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure that it is in compliance with the Non-Bank-Rules, provided that a Swiss Borrower shall not be in breach of this Clause 22.30 22.29 if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 16.2 (Lender Status ConfirmationTax gross-up) or Clause 27 (Changes to the Lenders). For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.3022.29, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 2 contracts
Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Non‑Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).
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Non-Bank Rules. Each Swiss Borrower shall ensure represents and warrants that it is in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 representation if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their its obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 5.24, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).
Appears in 1 contract