Common use of Lender Status Confirmation Clause in Contracts

Lender Status Confirmation. Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation which it executes on becoming a Party or in the case of an Affiliate in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders), and in each case for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (a) not a Qualifying Lender; (b) a Qualifying Lender (other than a Treaty Lender); (c) a Treaty Lender; (d) a Qualifying Bank; and/or (e) a Non Qualifying Bank. If such a Lender fails to indicate its status as a Qualifying Lender (other than a Treaty Lender) or a Treaty Lender in accordance with this Clause 16.5, then such a Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 16.5.

Lender Status Confirmation. Each Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, Assignment Agreement, Increase Confirmation Agreement or Additional Increase Confirmation which it executes on becoming a Party or in the case of an Affiliate in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders), and in each case for the benefit of the Agent and without liability to any Obligor, which of the following categories it falls in: (a) not a Qualifying Lender; (b) a Qualifying Lender (other than a Treaty Lender); (c) a Treaty Lender; (d) a Qualifying Bank; and/or (e) a Non Qualifying Bank. If such a Lender fails to indicate its status as a Qualifying Lender (other than a Treaty Lender) or a Treaty Lender in accordance with this Clause 16.5, then such a Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, Increase Confirmation Agreement or Additional Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 16.5.

Lender Status Confirmation. (a) Each Lender which is a Lender on the date of this Agreement shall confirm which of the following categories it falls in opposite its name in Schedule 1.1: (i) not a Qualifying Lender; (ii) a Qualifying Lender (other than a Treaty Lender); or (iii) a Treaty Lender; (b) Each Lender which becomes a Party to this Agreement party after the date of this Agreement shall indicate, indicate in the Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation relevant documentation which it executes on becoming a Party or in the case of an Affiliate in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders), and in each case for the benefit of the Agent and without liability to any Obligor, Lender under this Agreement which of the following categories it falls in: (ai) not a Qualifying Lender; (bii) a Qualifying Lender (other than a Treaty Lender);; or (iii) a Treaty Lender. (c) a Treaty Lender;If the Borrower is not party to such documentation, the Agent shall inform the Borrower of the relevant category. (d) a Qualifying Bank; and/or (e) a Non Qualifying Bank. If such a Lender fails to indicate its status as a Qualifying Lender (other than a Treaty Lender) or a Treaty Lender in accordance with this Clause 16.5, Section 5 (or the Agent fails to inform the Borrower of such status) then such a Lender shall be treated for the purposes of this Agreement (including by each Obligorthe Borrower) as if it is not a Qualifying Lender until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the CompanyBorrower). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation any such relevant documentation shall not be invalidated by any such failure of a Lender to comply with this Clause 16.5Section 5(b). (e) A Lender shall promptly notify the relevant Loan Parties and the Agent if there is any change in its status as a Qualifying Lender.

Lender Status Confirmation. Each Lender which becomes a Party to this Agreement after the date of this Agreement is not an Original Lender shall indicateconfirm, in the Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation documentation which it executes on becoming a Party or in the case of an Affiliate in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders)Party, and in each case for the benefit of the Agent and without liability to any each Obligor, which of the following categories it falls in: (a) in respect of a UK Borrower: (i) not a UK Qualifying Lender; (bii) a UK Qualifying Lender (other than a UK Treaty Lender);; or (ciii) a UK Treaty Lender; or (b) in respect of a US Borrower: (i) not a US Qualifying Lender; (dii) a US Qualifying BankLender (other than a US Treaty Lender); and/oror (eiii) a Non Qualifying BankUS Treaty Lender. If such a Lender fails to indicate confirm its status as a Qualifying Lender (other than a Treaty Lender) or a Treaty Lender in accordance with this Clause 16.5, 17.5 then such a that Lender shall be treated for the purposes of this Agreement (including by each Obligor) as if it is not a UK Qualifying Lender or a US Qualifying Lender, as applicable, until such time as it notifies the Agent which category applies (and the Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, the documentation which a Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation Lender executes on becoming a Party shall not be invalidated by any failure of a Lender to comply with this Clause 16.517.5.

Lender Status Confirmation. Each Original Lender which becomes a Party to this Agreement after the date of this Agreement shall indicate, in the Transfer Certificate, Assignment Agreement, Increase Confirmation or Additional Increase Confirmation which it executes on becoming a Party or in the case of an Affiliate in accordance with Clause 7.9 (Affiliates of Lenders as Ancillary Lenders), and in each case confirms for the benefit of the Facilities Agent and without liability to any Obligorthe Borrowers that, which as of the following categories Signing Date, (i) it falls in: (a) not a Qualifying Lender; (b) a Qualifying Lender (other than a Treaty Lender); (c) a Treaty Lender; (d) a Qualifying Bank; and/or (e) a Non Qualifying Bank. If such a Lender fails to indicate its status as is a Qualifying Lender (other than a Treaty Lender) or a Treaty Lender and (ii) it is not incorporated, domiciled, established or acting through a Facility Office situated in a Non-Cooperative Jurisdiction. Each Lender which becomes a Party to this Agreement after the Signing Date shall indicate, in the Transfer Agreement or Increase Confirmation which it executes on becoming a Party, and for the benefit of the Facilities Agent and the Company, which of the following categories it falls in: 13.5.1 not a Qualifying Lender; 13.5.2 a Qualifying Lender (other than a Treaty Lender); or 13.5.3 a Treaty Lender. Such Lender shall also specify, in the Transfer Agreement which it executes upon becoming a Party to this Agreement, whether it is incorporated, domiciled, established, or acting through a Facility Office situated in a Non-Cooperative Jurisdiction. If a New Lender fails to indicate its status in accordance with this Clause 16.5, 13.5 then such a New Lender shall be treated for the purposes of this Agreement (including by each ObligorBorrower) as if it is not a Qualifying Lender until such time as it notifies the Facilities Agent which category applies (and the Facilities Agent, upon receipt of such notification, shall inform the Company). For the avoidance of doubt, a Transfer Certificate, Assignment Agreement, Increase Confirmation Agreement or Additional Increase Confirmation shall not be invalidated by any failure of a Lender to comply with this Clause 16.513.5.