Non-Bank Rules. Swiss Borrower is in compliance with the Non-Bank Rules, it being understood, however, that the Swiss Borrower shall not be in breach of this representation if the relevant number of creditors is exceeded solely (i) by reason of a failure by one or more Lenders to comply with their obligations under Section 14.6, (ii) by a Lender having made a misrepresentation in respect of the information provided under Section 6.4(e)(i)(D), or (iii) by a Lender having lost its status as Qualifying Bank.
Appears in 5 contracts
Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Non-Bank Rules. Each Swiss Borrower is in compliance with the Non-Bank Bank-Rules, it being understood, however, provided that the a Swiss Borrower shall not be in breach of this representation and warranty if the relevant its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely (i) by reason of a failure by one or more Lenders to comply with their obligations under Section 14.6, Clause 16.5 (iiLender Status Confirmation) by a Lender having made a misrepresentation in respect of or Clause 27 (Changes to the information provided under Section 6.4(e)(i)(DLenders), or (iii) by a Lender having lost its status as Qualifying Bank.
Appears in 4 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. Each Swiss Borrower is in compliance with the Non-Bank Bank-Rules, it being understood, however, provided that the a Swiss Borrower shall not be in breach of this representation and warranty if the relevant its number of creditors in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely (i) by reason of a failure by one or more Lenders to comply with their obligations under Section 14.6, Clause 16.2 (iiTax gross-up) by a Lender having made a misrepresentation in respect of or Clause 27 (Changes to the information provided under Section 6.4(e)(i)(DLenders), or (iii) by a Lender having lost its status as Qualifying Bank.
Appears in 2 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Non-Bank Rules. The Swiss Subsidiary Borrower is in compliance will comply with the Non-Bank Rules, it being understood, however, provided that the Swiss Subsidiary Borrower shall not be in breach of this representation covenant if the relevant its number of creditors that are not Qualifying Banks in respect of either the 10 Non-Bank Rule or the 20 Non-Bank Rule is exceeded solely (i) by reason of a failure by one or more Lenders to comply with their obligations under Section 14.6, (ii) by because a Lender having (a) made a misrepresentation in respect no or an incorrect declaration of the information provided under Section 6.4(e)(i)(D), or (iii) by a Lender having lost its status as Qualifying Bank.its
Appears in 1 contract
Samples: Credit Agreement Credit Agreement (Tupperware Brands Corp)
