Professional Market Party. Each Original Lender explicitly declares and represents that it is a Professional Market Party and that it is aware that:
(a) it therefore does not benefit from the (creditor) protection under the Dutch Banking Act for non-Professional Market Parties; and
(b) it has made its own credit appraisal of the Borrower. This declaration and representation is made by each Original Lender on the date of this Agreement.
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. 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 Term Lender which is a party to this Agreement represents and warrants that it (i) is a PMP, (ii) is aware that it does not benefit from creditor protection under the Dutch Banking Act and (iii) has made its own assessment of the Loan to the Term Loan Borrower. Each Term Lender or Person giving any representation pursuant to this subsection 13.19 acknowledges that each of the Borrowers, the Agents and the Lenders have relied upon such representation and warranty.
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 Lender which is a party hereto on the date hereof represents and warrants that it is a Professional Market Party.
Professional Market Party. Each Lender hereunder hereby confirms that, as of the date hereof, it is either (a) a Professional Market Party or (b) exempted from the requirement to be a Professional Market Party because it forms a closed circle (besloten xxxxx), within the meaning of the Dutch Exemption Regulation, with the Dutch Borrower. 107
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 Lender hereunder hereby confirms that, as of the date hereof, it is either (a) a Professional Market Party or (b) exempted from the requirement to be a Professional Market Party because it forms a closed circle (besloten xxxxx), within the meaning of the Dutch Exemption Regulation, with Xxxxxxx Xxxxxxx.
Professional Market Party. 135 SIGNATURES..................................................................................................... S-1
