Switzerland Sample Clauses

Switzerland. To the extent a Data Controller in Switzerland or its Authorized Users intend to enter Personal Data of legal entities (also considered personal data under the Swiss Federal Act on Data Protection) into the Service, Customer agrees to first obtain the consent (in the sense of Art. 6 para. 2, lit. b. of the Swiss Federal Act on Data Protection) of such legal entity (Data Subject) before using the Service, as described herein, for such Data Subject(s). SAP agrees to afford to such personal data a similar level of protection as set forth in Sections 1, 2 and 5 of this Exhibit.

Switzerland. The Company and the Guarantor will not be required to make any payments of Additional Amounts described above in respect of any present or future tax, assessment or other governmental charge imposed by Switzerland, or any political subdivision or taxing authority thereof or therein, for or on account of:

Switzerland. Notwithstanding any term or provision of Article 10 of the Indenture or the Notation of Guaranty (all the aforesaid together the “Agreements”), if and to the extent that any Guarantor incorporated or established under the laws of, or for tax purposes resident in, Switzerland or for tax purposes having a permanent establishment in Switzerland with which the Agreements are effectively connected (each, a “Swiss Guarantor,” and collectively, together with all German Guarantors, the “Restricted Guarantors”) is liable pursuant to the Agreements for, or with respect to, obligations of the Issuer, any other Guarantors or any other affiliates (other than its own subsidiaries) (the “Restricted Obligations”), such Swiss Guarantor shall (to the extent that such is a requirement of the applicable law in force at the relevant time) only be liable for a sum equal to the maximum amount of its profits available for distribution as dividend at any given time (being the balance sheet profits and any reserves made for this purpose, in each case in accordance with the applicable provisions of the Swiss Code of Obligations), which amount shall be, if and to the extent required by Swiss law and practice at the relevant time, (a) determined on the basis of an audited annual or interim balance sheet of such Swiss Guarantor, (b) approved by the auditors of such Swiss Guarantor as distributable amount, and (c) approved as distribution by a duly convened meeting of the shareholders of such Swiss Guarantor, always provided that such limitation shall not free the relevant Swiss Guarantor from its payment obligations under the Agreements in excess of its distributable profits, but merely postpone the payment date therefore until such times as payment is permitted notwithstanding such limitation. To the extent required by applicable law and any applicable double taxation treaty in force at the relevant time, in respect of the Restricted Obligations, each Swiss Guarantor shall (A) (a) deduct Swiss withholding tax at the rate of 35.0% (or such other rate as is applicable) from any payment made by it in respect of the Restricted Obligations, (b) pay any such deduction to the Swiss Federal Tax Administration, and (c) promptly notify (or procure that the Issuer notifies) the Trustee that such a deduction has been made and provide the Trustee with evidence that such a deduction has been paid to the Swiss Federal Tax Administration; and (B) to the extent such a deduction is made, not be obliged...

Switzerland. Each Underwriter acknowledges that the Preliminary Final Prospectus, the Final Prospectus and the Issuer Free Writing Prospectus, each relating to the Securities and dated April 16, 2024, are not intended to constitute an offer to the public or solicitation to purchase or invest in the Securities. Each Underwriter represents and agrees, on behalf of itself and each of its affiliates that participates in the initial distribution of the Securities, that it has not offered, sold or advertised and will not offer, sell or advertise, directly or indirectly, Securities to the public in, into or from Switzerland and that it has not distributed, or otherwise made available, and will not publicly distribute or otherwise make available, the Preliminary Final Prospectus, the Final Prospectus, the Issuer Free Writing Prospectus or any other offering or marketing material relating to the Securities to the public in Switzerland.

Switzerland. Notifications

Switzerland. NOTIFICATIONS

Switzerland. Each Underwriter represents and agrees, on behalf of itself and each of its affiliates that participates in the initial distribution of the Securities, that it has not offered, sold or advertised and will not offer, sell or advertise, directly or indirectly, Securities to the public in, into or from Switzerland and that it has not distributed, or otherwise made available, and will not distribute or otherwise make available, the Prospectus Supplement or any other offering or marketing material relating to the Securities to the public in Switzerland. “Public” shall have the meaning as per articles 652a and 1156 of the Swiss Code of Obligations.

Switzerland. 2.1 The definition of “Data Protection Law” includes the Swiss Federal Act on Data Protection, as revised (“FADP”). 2.2 To the extent that Personal Information transfers from Switzerland are subject to the EU Standard Contractual Clauses in accordance with Section 1.2 of Schedule 3 (Cross Border Data Transfer Mechanisms), the following amendments will apply to the EU Standard Contractual Clauses: a) references to "EU Member State" and "Member State' will be interpreted to include Switzerland, and b) insofar as the transfer or onward transfers are subject to the FADP: i. references to "Regulation (EU) 2016/679" are to be interpreted as references to the FADP; ii. the "competent supervisory authority" in ▇▇▇▇▇ ▇, Part C will be the Swiss Federal Data Protection and Information Commissioner; iii. in Clause 17 (Option 1), the EU Standard Contractual Clauses will be goverened by the laws of Switzerland; and iv. in Clause 18(b) of the EU Standard Contractual Clauses, disputes will be resolved before the courts of Switzerland.

Switzerland. Until Swiss relevant authorities release Swiss Model Clauses, C2P Model Clauses as executed under section 1 “European Economic Area (EEA)” above apply by reference. If the European Commission or the Swiss government agrees a successor solution to the Swiss-US Privacy Shield, then provisions under section 2 “United Kingdom (UK)” above apply by reference.