Common use of Subjection to Government Regulation Clause in Contracts

Subjection to Government Regulation. (i) The Construction Agent is not subject to regulation under any law which prohibits, or requires consent from any Governmental Authority prior to, the incurring by it of Indebtedness or the entering into of the transactions described herein. (ii) None of the Lessor, any Agent or any Participant will become (A) solely by reason of entering into the Operative Documents or consummation of the transactions contemplated thereby (other than upon exercise of remedies under the Construction Agency Agreement or any other Operative Document or upon the expiration or termination thereof) subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction; or (B) except for regulation the applicability of which depends upon the status of the Participants as banks or other regulated financial institutions or upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Facility or any interest therein upon the exercise of remedies under the Lease or other Operative Document or upon the expiration or termination thereof, subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction solely by reason of its business activities contemplated in the Operative Documents or the nature of the Facility.

Appears in 1 contract

Samples: Participation Agreement, Lease Agreement and Construction Agency Agreement (Ross Stores Inc)

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Subjection to Government Regulation. (i) The Construction Agent Lessee is not subject to regulation under any law law, which prohibits, or requires consent from any Governmental Authority prior to, the incurring by it of Indebtedness or the entering into of the transactions described herein. (ii) None of the Lessor, any the Administrative Agent or any Debt Participant will become (A) solely by reason of entering into the Operative Documents or consummation of the transactions contemplated thereby (other than upon exercise of remedies under the Construction Agency Agreement Lease or any other Operative Document or upon the expiration or termination thereof) subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction; or (B) except for regulation the applicability of which depends upon the status of the Participants as banks or other regulated financial institutions or upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Facility or any interest therein upon the exercise of remedies under the Lease or any other Operative Document or upon the expiration or termination thereof, subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction solely by reason of its business activities contemplated in the Operative Documents or the nature of the Facility.

Appears in 1 contract

Samples: Lease Agreement (Ross Stores Inc)

Subjection to Government Regulation. (i) The Construction Agent Such Lessee is not subject to regulation under any law which prohibits, or requires consent from any Governmental Authority prior to, the incurring by it of Indebtedness indebtedness or the entering into of the transactions described herein. (ii) None of the LessorOther than with respect to Applicable Laws related to urban renewal, neither Lessor nor any Agent or any Participant will become (A) solely by reason of entering into the Operative Documents or consummation of the transactions contemplated thereby (other than upon exercise of remedies under the Construction Agency Agreement Lease or any other Operative Document or upon the expiration or termination thereofthereof and, in respect of Lessor, other than in connection with the Financial Agreements) subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction; or (B) except for regulation the applicability of which depends upon the status of the Participants as banks or other regulated financial institutions or upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Facility Properties or any interest therein upon the exercise of remedies under the Lease or other Operative Document or upon the expiration or termination thereofthereof and, in respect of Lessor, other than in connection with the Financial Agreements, subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction solely by reason of its business activities contemplated in the Operative Documents or the nature of the FacilityProperties.

Appears in 1 contract

Samples: Participation Agreement (Goldman Sachs Group Inc)

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Subjection to Government Regulation. (i) The Construction Agent Lessee is not subject to regulation under any law which prohibits, or requires consent from any Governmental Authority prior to, the incurring by it of Indebtedness or the entering into of the transactions described herein. (ii) None of the Lessor, any Agent or any Participant will become (A) solely by reason of entering into the Operative Documents or consummation of the transactions contemplated thereby (other than upon exercise of remedies under the Construction Agency Agreement Lease or any other Operative Document or upon the expiration or termination thereof) subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction; or (B) except for regulation the applicability of which depends upon the status of the Participants as banks or other regulated financial institutions or upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Facility or any interest therein upon the exercise of remedies under the Lease or any other Operative Document or upon the expiration or termination thereof, subject to ongoing regulation of its operations by any Governmental Authority having jurisdiction solely by reason of its business activities contemplated in the Operative Documents or the nature of the Facility.

Appears in 1 contract

Samples: Participation Agreement, Lease Agreement and Construction Agency Agreement (Ross Stores Inc)

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