Common use of Disqualified Institution Clause in Contracts

Disqualified Institution. (i) any Person set forth on the list provided by the Lead Borrower to the Agent prior to the date hereof, which list shall be provided upon request to any Lender in order to assist in compliance with Sections 12.2 and 12.3 hereof; and (ii) any Person that is a competitor or an Affiliate of a competitor of the Borrowers and is identified by the Lead Borrower from time to time in writing to the Agent (in which case, the Agent shall make such supplemented list available to the Lenders); provided that any supplements to such list made after the date hereof shall not retroactively disqualify a Disqualified Institution that was not a Disqualified Institution as of the date of such supplement. Disregarded Domestic Person: any direct or indirect U.S. Subsidiary of the Lead Borrower, substantially all of whose assets consist of Equity Interests in one or more direct or indirect Foreign Subsidiaries.

Disqualified Institution. (i) any Person set forth on the list provided by the Lead Borrower to the Agent prior to the date hereof, which list shall be provided upon request to any Lender in order to assist in compliance with Sections 12.2 and 12.3 hereof; and (ii) any Person that is a competitor or an Affiliate of a competitor of the Borrowers and is identified by the Lead Borrower from time to time in writing to the Agent (in which case, the Agent shall make such supplemented list available to the Lenders); provided that any supplements to such list made after the date hereof shall not retroactively disqualify a Disqualified Institution that was not a Disqualified Institution as of the date of such supplement. Disregarded Domestic Person: any direct or indirect U.S. Subsidiary of the Lead Borrower, substantially all of whose assets consist of Equity Interests in one or more direct or indirect Foreign Subsidiaries.