Common use of Swiss Non-Bank Rules Clause in Contracts

Swiss Non-Bank Rules. The Borrower represents and warrants that it is in compliance with the Swiss Non-Bank Rules provided that the Borrower shall not be in breach of this representation and warranty if its number of creditors in respect of either the Swiss Ten Non-Bank Rule or the Swiss Twenty Non-Bank Rule is exceeded solely by reason of a failure by one or more Lenders to comply with the requirements for a transfer, assignment or participation pursuant to Section 10.7.

Swiss Non-Bank Rules. The Borrower represents and warrants that it is in compliance with the Swiss Non-Bank Rules Rules; provided that the Borrower shall not be in breach of this representation and warranty if its number of creditors in respect of either the Swiss Ten 10 Non-Bank Rule or the Swiss Twenty 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more Lenders to comply with their obligations under Section 9.4, having given an incorrect information (or having lost) as to its status as Qualifying Bank or as one (1) creditor only for the requirements for a transferpurposes of the Swiss Non-Bank Rules. For the purpose of its compliance with the Swiss 20 Non-Bank Rule under this Section 3.33, assignment the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be five (irrespective of whether or participation pursuant to Section 10.7not there are, at any time, any such Lenders.