Professional Market Party. Each Original Lender explicitly declares and represents that it is a Professional Market Party and that it is aware that:
Professional Market Party. Each Dutch Borrower is in compliance with the Dutch Banking Act and any regulations issued pursuant thereto (including, but not limited to, the Policy Guidelines and the Exemption Regulation).
Professional Market Party. (a) Each Lender represents and warrants for the benefit of each Dutch Borrower that it qualifies as, and will at all times be, a Professional Market Party.
Professional Market Party. Any such assignment shall be made to a Person that is a Professional Market Party, for so long as it is a requirement under Dutch law. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the Eligible Assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender upon the surrender and/or cancellation, if applicable and at the request of the Company, of any Note previously executed and delivered to the assigning Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.
Professional Market Party. Each Lender (i) represents that it qualifies as a Professional Market Party and (ii) acknowledges that if it is determined under Dutch law that such Lender is not a Professional Market Party, such Lender may not benefit from the creditor protections provided under the Dutch Banking Act to creditors which do not qualify as Professional Market Parties.
Professional Market Party. Each Dutch Borrower has or shall have at the time any of the Banks make a Facility available to the Dutch Borrower, taken steps (i) in accordance with the Dutch Policy Rule to verify that the Banks are Professional Market Parties and (ii) to ensure that it otherwise duly complies with the requirements under the Dutch Banking Act, the Dutch Exemption Regulation and the Dutch Policy Rule.
Professional Market Party. Each Netherlands Lender represents and warrants to the Netherlands Borrower, the Netherlands Agent and each other Netherlands Lender that on the date of this Agreement, such Netherlands Lender is a Professional Market Party. Each Netherlands Borrower represents and warrants to the Netherlands Lenders and the Netherlands Agent that on or prior to the date of this Agreement it has verified the status of each Netherlands 121 Lender under the Exemption Regulation on such date and that each such Netherlands Lender is a Professional Market Party.
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Professional Market Party. Each Offshore Lender hereby certifies that, as of the date hereof, it qualifies as a Professional Market Party. Each Person subsequently becoming an Offshore Lender hereunder through an Assignment and Assumption, an amendment to this Agreement, a joinder agreement or otherwise, is deemed to have made such certification as of the date on which that Person becomes an Offshore Lender. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 135
Professional Market Party. (a) Each Original Lender under the Global Facility explicitly declares and represents that it is a Professional Market Party and that it is aware that:
