Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholder) as if it is not a Qualifying Lender until such time as it notifies the Borrower which category applies. For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.5.
Appears in 3 contracts
Samples: Agreement (Mohegan Tribal Gaming Authority), Agreement, Agreement
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.5.
Appears in 2 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD)
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 16.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesof the categories it falls into (and the Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.516.5.
Appears in 2 contracts
Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 13.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.513.5.
Appears in 1 contract
Samples: Facility Agreement (Amc Entertainment Holdings, Inc.)
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 12.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.512.5.
Appears in 1 contract
Samples: www.harbourenergy.com
Treaty Lender. 12.5.2 If such a Lender fails to indicate its status in accordance with this Clause 11.5 12.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Obligors). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.512.5.
Appears in 1 contract
Samples: Gold Fields LTD
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 12.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Borrower) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.512.5.
Appears in 1 contract
Samples: Facilities Agreement
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 15.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Parent). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.515.5.
Appears in 1 contract
Samples: Senior Facilities Agreement
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 clause 12.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.5clause 12.5.
Appears in 1 contract
Samples: Agreement
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 14.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower which category applies. For the avoidance of doubt, the documentation which a Lender executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.514.5.
Appears in 1 contract
Samples: Facility Agreement
Treaty Lender. If such a Lender fails to indicate its status in accordance with this Clause 11.5 13.5 then that Lender shall be treated for the purposes of this Agreement (including by the Borrower and the Shareholdereach Obligor) as if it is not a Qualifying Lender until such time as it notifies the Borrower Agent which category appliesapplies (and the Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, the documentation which a Lender Xxxxxx executes on becoming a Party as a Lender shall not be invalidated by any failure of a Lender to comply with this Clause 11.513.5.
Appears in 1 contract