Common use of Non-Bank Rules Clause in Contracts

Non-Bank Rules. The Borrower is in compliance with the Non-Bank Rules, provided, that, the Borrower shall not be in breach of this representation if 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 because a Lender having (a) made an incorrect declaration of its status as to whether or not it is a Qualifying Bank, (b) failed to comply with its obligation under Section 8.7 or (c) ceased to be a Qualifying Bank other than as a result of a change in law after the date it became a Lender under this Agreement. For the purpose of its compliance with the 20 Non-Bank Rule under this Section 3.13, 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 2 contracts

Samples: Loan Agreement (Myovant Sciences Ltd.), Loan Agreement (Sumitomo Chemical Co., Ltd.)

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Non-Bank Rules. The Borrower shall ensure that it is at all times in compliance with the Non-Bank Rules, provided, that, provided that the Borrower shall not be in breach of this representation undertaking if 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 because a Lender having (a) made an incorrect declaration of its status as to whether or not it is a Qualifying Bank, (b) failed to comply with its obligation obligations under Section 8.7 or (c) ceased to be a Qualifying Bank other than as a result of a any change in law after the date it became a Lender under this Agreement. For the purpose of its compliance with the 20 Non-Bank Rule under this Section 3.135.13, 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 2 contracts

Samples: Loan Agreement (Myovant Sciences Ltd.), Loan Agreement (Sumitomo Chemical Co., Ltd.)

Non-Bank Rules. The Borrower is in compliance with the Non-Bank Rules, ; provided, that, the Borrower shall not be in breach of this representation if 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 because a Lender having (a) made an incorrect declaration of its status as to whether or not it is a Qualifying Bank, (b) failed to comply with its obligation obligations under Section 8.7 11.7 or Section 11.8 of this Agreement or (c) ceased to be a Qualifying Bank other than as a result of a change any Change in law Law after the date it became a Lender under this Agreement. For the purpose of its compliance with the 20 Non-Bank Rule under this Section 3.135.18, 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 2 contracts

Samples: Loan and Security Agreement (Dermavant Sciences LTD), Loan and Security Agreement (Axovant Sciences Ltd.)

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Non-Bank Rules. The Borrower is Borrowers are in compliance with the Non-Bank Rules, ; provided, that, the Borrower Borrowers shall not be in breach of this representation if 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 because a Lender having (a) made an incorrect declaration of its status as to whether or not it is a Qualifying Bank, (b) failed to comply with its obligation obligations under Section 8.7 11.7 or Section 11.8 of this Agreement or (c) ceased to be a Qualifying Bank other than as a result of a change any Change in law Law after the date it became a Lender under this Agreement. For the purpose of its compliance with the 20 Non-Bank Rule under this Section 3.135.18, 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 1 contract

Samples: Loan and Security Agreement (Mesoblast LTD)

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