Common use of Non-Bank Rules Clause in Contracts

Non-Bank Rules. Each Swiss Borrower shall ensure that it is in compliance with the Non-Bank-Rules, provided that a Swiss Borrower shall not be in breach of this Clause 22.30 if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) or Clause 27 (Changes to the Lenders). For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 4 contracts

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)

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Non-Bank Rules. Each Swiss Borrower shall ensure represents and warrants that it is in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 representation if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their its obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 5.8, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 4 contracts

Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)

Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 2 contracts

Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Industries Inc/Mn)

Non-Bank Rules. Each Swiss Borrower shall ensure represents and warrants that it is in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 representation if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their its obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 5.24, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 1 contract

Samples: Credit Agreement (Polaris Industries Inc/Mn)

Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Non‑Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 1 contract

Samples: Credit Agreement (Polaris Industries Inc/Mn)

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Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders under 101 this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 1 contract

Samples: Credit Agreement (Polaris Inc.)

Non-Bank Rules. Each Swiss Borrower shall ensure that it is at all times in compliance with the Non-Bank-Bank Rules, ; provided that a Swiss Borrower shall not be in breach of this Clause 22.30 covenant if its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely by reason of a failure by one or more of the Lenders to comply with their obligations under Clause 16.5 (Lender Status Confirmation) Section 12 or Clause 27 (Changes to the Lenders)having lost its status as Qualifying Bank. For the purpose of its compliance with the 20 Non-Bank Rule under this Clause 22.30Section 6.27, the number of Lenders 101 under this Agreement which are not Qualifying Banks shall be deemed to be ten (10) (irrespective of whether or not there are, at any time, any such Lenders).

Appears in 1 contract

Samples: Credit Agreement (Polaris Inc.)

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