Yield Protection and Illegality 32 Section 4.1
Taxes Yield Protection and Illegality 3.01 Taxes.
Yield Protection Etc 60 Section 4.1. Additional Costs; Capital Adequacy. 60 Section 4.2. Suspension of LIBOR Loans. 62 Section 4.3. Illegality. 63 Section 4.4. Compensation. 63 Section 4.5. Treatment of Affected Loans. 64 Section 4.6. Affected Lenders. 64 Section 4.7. Change of Lending Office. 65 Section 4.8. Assumptions Concerning Funding of LIBOR Loans. 65 i Article V. Conditions Precedent 65 Section 5.1. Initial Conditions Precedent. 65 Section 5.2. Conditions Precedent to All Loans and Letters of Credit. 67 Article VI. Representations and Warranties 68
Taxes Increased Costs Protection and Illegality Section 3.01.
Yield Protection If, on or after the date of this Agreement, the adoption of any law or any governmental or quasi-governmental rule, regulation, policy, guideline or directive (whether or not having the force of law), or any change in the interpretation or administration thereof by any governmental or quasi-governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender or applicable Lending Installation with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency:
Illegality Etc Anything in subsection (a) or (b) above to the contrary notwithstanding,
Increased Costs, Illegality, etc (a) In the event that any Lender shall have determined (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto but, with respect to clause (i) below, may be made only by the Administrative Agent):
Yield Protection Taxes 4.1 Yield Protection 4.2 Changes in Capital Adequacy Regulations 4.3 Availability of Types of Advances
Legality, etc This Agreement and each other Loan Document (other than the Notes) to which the Borrower is a party constitute the legal, valid and binding obligations of the Borrower, and the Notes, when executed and delivered in accordance with this Agreement, will constitute legal, valid and binding obligations of the Borrower, in each case enforceable against the Borrower in accordance with their terms except to the extent limited by (a) bankruptcy, insolvency, fraudulent conveyance or reorganization laws or by other similar laws relating to or affecting the enforceability of creditors’ rights generally and by general equitable principles which may limit the right to obtain equitable remedies regardless of whether enforcement is considered in a proceeding of law or equity or (b) any applicable public policy on enforceability of provisions relating to contribution and indemnification.
Review of legality and data minimisation (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).
