Disqualified Persons means (a) Persons identified by name in writing to the Arrangers by the Borrower on or prior to September 4, 2015, (b) any Person which (x) is or becomes a competitor of the Borrower that is identified by name in writing to the Administrative Agent by the Borrower from time to time after the Closing Date and at any time from time to time or (y) has been identified by name in writing to the Arrangers before the Closing Date, and (c) any Affiliate (other than an Approved Fund) of a Person specified pursuant to clause (a) or (b) that is either (x) identified by name in writing by the Borrower to the Administrative Agent from time to time or (y) clearly identifiable by name as an Affiliate of such Person by the Lenders or the Administrative Agent.
Disqualified Persons means (i) those banks, financial institutions or other persons separately identified in writing by the Borrower to the Agent prior to February 23, 2018, (ii) competitors (other than bona fide fixed income investors, banks (or similar financial institutions) or debt funds) of the Borrower and its Subsidiaries prior to or after the Closing Date and that are identified by name in writing to the Agent in a written supplement to the DQ List, and (iii) any Affiliate of Persons described in clause (i) or (ii) above solely to the extent such Person has the name of the disqualified institution in its legal name (and is not a bona fide fixed income investor, bank (or similar financial institution) or debt fund); provided that (x) no Person described in clause (ii) or clause (iii) shall be or become a “Disqualified Person” hereunder until the third (3rd) Business Day following the delivery of such writing and shall be a “Disqualified Person” hereunder only on a prospective basis and shall not apply retroactively to disqualify any Person that has previously acquired a Commitment or Loan or a participation interest in any Loan and (y) for the avoidance of doubt, any supplements to the DQ List after a relevant trade date shall not retroactively disqualify a Lender that was not a Disqualified Person on such trade date; provided further that “Disqualified Persons” shall exclude any Person that the Borrower has designated as no longer being a “Disqualified Person” by written notice delivered to Agent and the Lenders from time to time.
Disqualified Persons means, individually and/or collectively, as the context may require, all private or publicly traded net lease REITs and private sponsors focused on net leases or office investments and their Affiliates, including without limitation, each Person (including each such Person’s respective Affiliates) listed on Schedule 9.2 of this Agreement, but excluding, with respect to private sponsors, such Persons effectuating a credit fund strategy and GIC (Realty) Private Limited and its Affiliates.
Examples of Disqualified Persons in a sentence
Additionally, fiduciaries of, and other Disqualified Persons with respect to, Qualified Plans and IRAs should be alert to the potential for prohibited transactions that may occur in the context of a particular Qualified Plan's or IRA's decision to purchase Units.
The parties to this Agreement hereby acknowledge and agree that the Administrative Agent shall not be deemed to be in default under this Agreement or to have any duty or responsibility or to incur any liabilities as a result of a breach of this Section 2.5(c), nor shall the Administrative Agent have any duty, responsibility or liability to monitor or enforce assignments, participations or other actions in respect of Disqualified Persons, or otherwise take (or omit to take) any action with respect thereto.
Two Alcohol Use Approvals for off-site consumption, and a third Alcohol Use Approval may be allocated for off-site consumption if not allocated for on-site consumption, shall be permitted and subject to the restrictions set forth in Section 13.
Disqualified Persons include fiduciaries of the Qualified Plan or IXX, officers, directors, shareholders and other owners of the company sponsoring the Qualified Plan and natural persons and legal entities sharing certain family or ownership relationships with other Disqualified Persons.
Entries which are incomplete, unclear, submitted via an incorrect entry mechanism, submitted after the last day of entry or contain errors or false information, or are from Disqualified Persons will be declared invalid.
More Definitions of Disqualified Persons
Disqualified Persons has the meaning specified in the definition of “Independent Director.”
Disqualified Persons means (i) each and all of the Persons listed on Schedule 1 hereto and (ii) any property and casualty insurers, pharmaceutical companies, group health insurers, and healthcare device manufacturers against which the Company or any of its material subsidiaries has filed suit, from time to time, in connection with any healthcare service provider recovery claims.
Disqualified Persons means any holder of an Allowed Claim who fails to deliver the CVN Registration Form and any supporting documentation reasonably requested by the Debtors prior to the Effective Date.
Disqualified Persons has the meaning set forth in the definition of “Eligible Assignee”.
Disqualified Persons means (1) each and all of the Persons listed on Schedule 1.1(c), as such schedule may be updated from time to time by the Borrower to include additional direct competitors engaged in the medical subrogation business, subject to the consent of the Administrative Agent in its reasonable discretion and (2) any defendant against which any of the Credit Parties or its Affiliates has filed suit, from time to time, with respect to HC Claims owned by any of the Credit Parties or its Subsidiaries, including but not limited to property and casualty insurers, pharmaceutical companies, group health insurers, and healthcare device manufacturers.
Disqualified Persons means (a) Persons identified by name in writing to the Administrative Agent by the Borrower on or prior to , 2018 (such list of Disqualified Persons is permitted to be made available to any Lender who specifically requests a copy thereof), (b) any Person which (x) is or becomes a competitor of the Borrower that is identified by name in writing to the Administrative Agent by the Borrower from time to time after the Closing Date and at any time from time to time or (y) has been identified by name in writing to the Administrative Agent before the Closing Date, and (c) any Affiliate (other than an Approved Fund) of a Person specified pursuant to clause (a) or (b) that is either (x) identified by name in writing by the Borrower to the Administrative Agent from time to time or (y) clearly identifiable by name as an Affiliate of such Person by the Lenders or the Administrative Agent.
Disqualified Persons means any person, entity, or any affiliate of a person or entity, which directly or indirectly engages in activities that are Prohibited Competitive Services or are directly competitive with Seller in the following counties: The Ohio counties of Xxxxx, Auglaize, Hardin, Logan, Xxxxxx, Xxxxxx and Van Xxxx (and all incorporated cities, towns and municipalities located within such counties); provided, however, that (i) no lender or prospective lender of Buyer shall be considered a Disqualified Person and (ii) no person shall be considered a Disqualified Person on account of the fact that an affiliate of such person that is an upper tier investor in such person (that is, an entity which does not own direct ownership interests in such person) directly or indirectly engages in activities that are directly competitive with Seller if such affiliate is a “sister” affiliate and is controlled either by an institutional investor or a person whose ownership interests are publicly traded. “Prohibited Competitive Services” are those services described on Exhibit E attached hereto and incorporated herein by this reference. Activities and/or opportunities relating to the development ownership operation and/or management of hospitals, acute care facilities, outpatient clinics or ambulatory centers will be considered “directly competitive” with Seller’s business. A Disqualified Person shall specifically inc1ude, but not be limited to, any entity owned by, related to or affiliated with Lima Memorial Health System or it’s successors. Buyer shall take all necessary actions to ensure that any Related Parties to whom such documents items or information are furnished not make the same available or disclose the contents thereof to any person. If this Agreement is terminated for any reason, Buyer shall immediately return to Seller substantially all (using Buyer’s best efforts) documents plans and other items furnished to Buyer or any Related Parties pursuant to this subparagraph (c) without retaining copies thereof. Notwithstanding anything herein to the contrary the provisions of this subparagraph (c) shall survive the consummation of the purchase and sale of the Properties on the Closing Date hereunder or any termination or cancellation of this Agreement.