Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 144 contracts
Samples: Credit Agreement (Atlantic City Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Kansas City Power & Light Co)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.
Appears in 77 contracts
Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland American Real Estate Trust, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 61 contracts
Samples: Credit Agreement (Acuity Brands Inc), Credit Agreement (Kimball International Inc), Revolving Credit Agreement (Acuity Brands Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 35 contracts
Samples: Year Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/), Term Loan Agreement (Pepco Holdings Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.18.
Appears in 23 contracts
Samples: Credit Agreement (Omnicare Inc), Assignment Agreement (FDX Corp), Credit Agreement (Green Tree Financial Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 15 contracts
Samples: Credit Agreement (Midas Inc), Credit Agreement (Modine Manufacturing Co), Credit Agreement (Midas Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the all applicable provisions of Section 3.5(iv)the Code with respect to withholding and other tax matters.
Appears in 15 contracts
Samples: Revolving Credit Agreement (LNR Property Corp), Unsecured Revolving Credit Agreement (Equity Inns Inc), Assignment Agreement (Rouse Company)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States U.S. or any State state thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 14 contracts
Samples: Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Holdings Corp), Credit Agreement (K2 Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.05(e).
Appears in 14 contracts
Samples: Backstop Bridge Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.19.
Appears in 14 contracts
Samples: Credit Agreement (WGL Holdings Inc), Credit Agreement (WGL Holdings Inc), Assignment Agreement (U S Home Corp /De/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of as a condition to such transfer, to comply with the provisions of Section 3.5(iv2.08(l).
Appears in 13 contracts
Samples: Term Loan Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/), Assignment Agreement (Whirlpool Corp /De/)
Tax Treatment. If any interest in any a Loan Document is transferred to any a Transferee which that is organized under the laws of any jurisdiction other than the United States or any State state or district thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)5.9.
Appears in 13 contracts
Samples: Term Loan and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Loan and Security Agreement (EMAK Worldwide, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Participant which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereeParticipant, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.05(e).
Appears in 11 contracts
Samples: Credit Agreement (SALESFORCE.COM, Inc.), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Tax Treatment. If any interest in any a Loan Document is transferred to any a Transferee which that is organized under the laws of any jurisdiction other than the United States or any State state or district thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)5.10.
Appears in 10 contracts
Samples: Loan and Security Agreement (Chromcraft Revington Inc), Loan and Security Agreement (Modtech Holdings Inc), Loan and Security Agreement (Amkor Technology Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.17.
Appears in 10 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (WGL Holdings Inc), Credit Agreement (Ralcorp Holdings Inc /Mo)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)4.3.
Appears in 10 contracts
Samples: Credit Agreement (Lone Star Industries Inc), Credit Agreement (Mego Mortgage Corp), Assignment Agreement (Platinum Technology Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Participant or Purchaser or any other Person acquiring an interest in the Loan Documents by operation of law (each a “Transferee”) which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv4.5(iv).
Appears in 9 contracts
Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Term Loan Agreement (First Industrial Lp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Participant which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereeParticipant, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(ivSection 3.05(e).
Appears in 9 contracts
Samples: Term Loan Credit Agreement (GXO Logistics, Inc.), Credit Agreement (XPO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.6.
Appears in 9 contracts
Samples: Credit Agreement (Arvinmeritor Inc), Day Credit Agreement (Arvinmeritor Inc), Credit Agreement (Meritor Automotive Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.22.
Appears in 8 contracts
Samples: Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp), Term Loan Agreement (Duke Realty Limited Partnership/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.05(d) or (e), as applicable.
Appears in 8 contracts
Samples: Second Lien Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)4.10 hereof.
Appears in 8 contracts
Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv) and Section 3.5(vi), as applicable.
Appears in 8 contracts
Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)SECTION 2.17.
Appears in 7 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Assignment Agreement (Centerpoint Properties Corp), Security Agreement (Loewen Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 7 contracts
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.20.
Appears in 7 contracts
Samples: Revolving Credit Agreement (RFS Hotel Investors Inc), Credit Agreement (Dynegy Inc), Assignment Agreement (RFS Hotel Investors Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.4.
Appears in 7 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Clarcor Inc), Credit Agreement (Actuant Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv4.5(ii).
Appears in 7 contracts
Samples: Term Loan Agreement (First Industrial Realty Trust Inc), Credit Agreement (First Industrial Realty Trust Inc), Unsecured Revolving Credit And (First Industrial Realty Trust Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.4(d).
Appears in 6 contracts
Samples: Loan Agreement (Gametech International Inc), Credit Agreement (Bemis Co Inc), Assignment and Assumption (Bemis Co Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.9.
Appears in 6 contracts
Samples: Credit Agreement (Astec Industries Inc), Term Loan Agreement (Crown Castle International Corp), Bridge Loan Agreement (NTL Inc /De/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(ivSECTION 3.5(d).
Appears in 6 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Assignment Agreement (Aon Corp), Credit Agreement (State Auto Financial Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States U.S. or any State state thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d); provided that in the case of a Participant, any forms will be provided directly to the transferor Lender rather than the Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Star Gas Partners Lp), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Gas Partners Lp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)SECTION 2.18.
Appears in 6 contracts
Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Revolving Credit Agreement (TJX Companies Inc /De/), Credit Agreement (Omnicare Inc)
Tax Treatment. If any interest in any Loan Credit Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.19.
Appears in 6 contracts
Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Purchaser or Participant which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereePurchaser or Participant, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 6 contracts
Samples: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)) and the Borrower shall not be required to indemnify such Transferee pursuant to Section 3.5 hereof for any Taxes withheld as a result of the failure of the Transferee to so comply.
Appears in 5 contracts
Samples: Assignment Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, transfer to comply with the provisions of Section 3.5(iv)10.08.
Appears in 5 contracts
Samples: Assignment Agreement, Term Loan Agreement (Beazer Homes Usa Inc), Assignment Agreement (Beazer Homes Usa Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States U.S. or any State state thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.
Appears in 5 contracts
Samples: Compressor Equipment Lease Agreement (USA Compression Partners, LP), Credit Agreement, Credit Agreement (USA Compression Partners, LP)
Tax Treatment. If any interest in any Loan Document Paper is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv13.6(d).
Appears in 5 contracts
Samples: Credit Agreement (Par Petroleum Corp/Co), Credit Agreement (Denbury Resources Inc), Credit Agreement (Delta Petroleum Corp/Co)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Purchaser which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereePurchaser, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.5.14.
Appears in 4 contracts
Samples: Assignment Agreement (Servicemaster Co), Assignment Agreement (Servicemaster Co), Credit Agreement (Servicemaster LTD Partnership)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.4.
Appears in 4 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Senior Secured (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).. ARTICLE XIII
Appears in 4 contracts
Samples: Credit Agreement (Seitel Inc), Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is not organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.05(d).
Appears in 4 contracts
Samples: Term Credit Agreement (Aon Corp), Term Credit Agreement (Aon Corp), Assignment and Assumption Agreement (Aon Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.
Appears in 4 contracts
Samples: Credit Agreement (Wrigley Wm Jr Co), Credit Agreement (USA Compression Partners, LP), Credit Agreement (Wrigley Wm Jr Co)
Tax Treatment. If any interest in any Loan Document Paper is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv14.6(d).(f).
Appears in 4 contracts
Samples: Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 4 contracts
Samples: Credit Agreement (Penn Virginia Corp), Credit Agreement (Dolan Co.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(f).
Appears in 4 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)
Tax Treatment. If any interest in any Loan Document Paper is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv14.6(d).
Appears in 4 contracts
Samples: Credit Agreement (Denbury Resources Inc), Credit Agreement (Patina Oil & Gas Corp), Credit Agreement (Denbury Resources Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.06(g).
Appears in 4 contracts
Samples: Credit Agreement (Mdu Resources Group Inc), Assignment Agreement (Mdu Resources Group Inc), Credit Agreement (Mdu Resources Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv4.5(iv).
Appears in 4 contracts
Samples: Revolving Credit Agreement (Energizer Holdings Inc), Revolving Credit Agreement (Energizer Holdings Inc), Revolving Credit Agreement (Energizer Holdings Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 3 contracts
Samples: Revolving Credit Agreement (Richardson Electronics LTD/De), Revolving Credit Agreement (Richardson Electronics LTD/De), Revolving Credit Agreement (Richardson Electronics LTD/De)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)SECTION 2.22.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Duke Weeks Realty Limited Partnership), Revolving Credit Agreement (Duke Weeks Realty Limited Partnership), Assignment Agreement (Centerpoint Properties Trust)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereofjurisdiction, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.32.f.
Appears in 3 contracts
Samples: Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)SECTION 4.10 hereof.
Appears in 3 contracts
Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Toms Foods Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.4 and to be subject to Section 13.1(d).
Appears in 3 contracts
Samples: Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc)
Tax Treatment. If any interest in any Loan Facility Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv4.5(d).
Appears in 3 contracts
Samples: Assignment Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.4(f).
Appears in 3 contracts
Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall will cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.3(iv).
Appears in 3 contracts
Samples: Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(c).
Appears in 3 contracts
Samples: Assignment Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc), Assignment Agreement (Shaw Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)10.13.4.
Appears in 3 contracts
Samples: Credit Agreement (Saratoga Resources Inc /Tx), Credit Agreement (Saratoga Resources Inc /Tx), Credit Agreement (Saratoga Resources Inc /Tx)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)SECTION 2.19.
Appears in 3 contracts
Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.25.
Appears in 3 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Tax Treatment. If any interest in any a Loan Document is transferred to any a Transferee which that is organized under the laws of any jurisdiction other than the United States or any State state or district thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)5.6.
Appears in 3 contracts
Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.16.
Appears in 3 contracts
Samples: Assignment Agreement (Firstar Corp /Wi/), Credit Agreement (Interim Services Inc), Credit Agreement (Firstar Corp /Wi/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)4.5.
Appears in 3 contracts
Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Credit Agreement (Associated Estates Realty Corp), Revolving Credit Agreement (Centerpoint Properties Trust)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv) and (vii).
Appears in 3 contracts
Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp)
Tax Treatment. If any interest in any Loan Document is transferred to ------------- any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).
Appears in 3 contracts
Samples: Assignment Agreement (DPL Inc), Assignment Agreement (Torchmark Corp), Credit Agreement (Transit Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.21.
Appears in 3 contracts
Samples: Assignment Agreement (LTC Properties Inc), Credit Agreement (Star Telecommunications Inc), Credit Agreement (Pacific Scientific Co)
Tax Treatment. If any interest in any Loan Document is transferred ------------- to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.16.
Appears in 3 contracts
Samples: Credit Agreement (Torchmark Corp), Credit Agreement (Jostens Inc), Credit Agreement (Torchmark Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Participant or Purchaser or any other Person acquiring an interest in the Loan Documents by operation of law (each a “Transferee”) which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv4.5(ii).
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (First Industrial Realty Trust Inc), Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Assignment and Assumption Agreement (First Industrial Realty Trust Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv) or (v), as applicable.
Appears in 3 contracts
Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Assignee or Participant which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).7.4. 17.5
Appears in 3 contracts
Samples: Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(g).
Appears in 3 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.3(iv).
Appears in 3 contracts
Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereeTransferee shall, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.22.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Duke Realty Corp), Credit and Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Limited Partnership/)
Tax Treatment. If any interest in any Loan Facility Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 3 contracts
Samples: Credit Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc), Credit Agreement (Navigators Group Inc)
Tax Treatment. If In connection with any transfer of an interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv2.18(e).
Appears in 3 contracts
Samples: Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States of America or any State thereof, the transferor Lender or the assigning Lender shall cause such the Transferee, concurrently with the effectiveness of such transfertransfer or assignment, to comply with the provisions of Section 3.5(iv).
Appears in 3 contracts
Samples: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which that is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).3.03 of this Agreement. [SIGNATURE PAGES FOLLOW]
Appears in 3 contracts
Samples: Credit Agreement (Franklin Credit Holding Corp/De/), Credit Agreement (Franklin Credit Management Corp), Credit Agreement (Franklin Credit Holding Corp/De/)
Tax Treatment. If any interest in any Loan Transaction Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.
Appears in 2 contracts
Samples: Credit Agreement (Tri State Outdoor Media Group Inc), Credit Agreement (Tri State Outdoor Media Group Inc)
Tax Treatment. If any interest in any Loan Document Paper is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender Bank shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)13.6.
Appears in 2 contracts
Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Delta Petroleum Corp/Co)
Tax Treatment. If any interest in any Loan Document is ------------- transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 2 contracts
Samples: Credit Agreement (Depuy Inc), Assignment Agreement (Finish Line Inc /De/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.05(iv).
Appears in 2 contracts
Samples: Credit Agreement (Commonwealth Edison Co), Credit Agreement (American Plumbing & Mechanical Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.4(d).
Appears in 2 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.12.
Appears in 2 contracts
Samples: Credit Agreement (Valley National Gases Inc), Credit Agreement (Valley National Gases Inc)
Tax Treatment. If any interest in any Loan Document is ------------- transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv).2.18. ------------ -52-
Appears in 2 contracts
Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Purchaser or Participant which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereePurchaser or Participant, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)5.14.
Appears in 2 contracts
Samples: Credit Agreement (G&k Services Inc), Credit Agreement (G&k Services Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall will cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.3(iv).
Appears in 2 contracts
Samples: Senior Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)
Tax Treatment. If any interest in any Loan Facility Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.3(d).
Appears in 2 contracts
Samples: Assignment Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc)
Tax Treatment. If any interest in any a Loan Document is transferred to any a Transferee which that is organized under the laws of any jurisdiction other than the United States or any State state or district thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv5.9(e).
Appears in 2 contracts
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Assignee or Participant which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)7.4.
Appears in 2 contracts
Samples: Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized not incorporated under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv) and Section 3.5(vii).
Appears in 2 contracts
Samples: Credit Agreement (Acuity Brands Inc), Credit Agreement (Acuity Brands Inc)
Tax Treatment. If any interest in any Subsidiary Borrower Loan ------------- Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.4(iv).
Appears in 2 contracts
Samples: Credit Agreement (Qad Inc), Credit Agreement (Qad Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee Applicant Institution which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such TransfereeApplicant Institution, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.5.
Appears in 2 contracts
Samples: Credit Agreement (Syncor International Corp /De/), Assignment Agreement (Syncor International Corp /De/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(ivSECTION 3.5(D).
Appears in 2 contracts
Samples: Credit Agreement (American Medical Security Group Inc), Credit Agreement (American Medical Security Group Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State state thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.17.
Appears in 2 contracts
Samples: Credit Agreement (LNR Property Corp), Credit Agreement (Lennar Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is not organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv3.5(d).
Appears in 2 contracts
Samples: Credit Agreement (Aon Corp), Credit Agreement (Aon Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofTransferee, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of as a condition to such transfer, to comply with the provisions of Section 3.5(iv2.07(l).
Appears in 2 contracts
Samples: Term Credit Agreement (Whirlpool Corp /De/), Credit Agreement (Whirlpool Corp /De/)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)2.4.12.
Appears in 2 contracts
Samples: Loan Agreement (Richardson Electronics LTD/De), Loan Agreement (Richardson Electronics LTD/De)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereof, the transferor Lender shall cause such Transferee, concurrently with the effectiveness of such transfer, to comply with the provisions of Section 3.5(iv)3.3.
Appears in 2 contracts
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
