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 (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric 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: Senior Credit Agreement (Terreno Realty Corp), Credit Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)
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 (Caribou Coffee Company, Inc.), 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(iv3.5(d).
Appears in 35 contracts
Samples: Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Atlantic City Electric 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)2.18.
Appears in 23 contracts
Samples: Credit Agreement (Omnicare Inc), Year Revolving Credit Agreement (TJX Companies Inc /De/), Year Revolving Credit Agreement (TJX Companies Inc /De/)
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 (Polaris Industries Inc/Mn), Credit Agreement (CompuCredit Holdings Corp), Credit Agreement (Polaris Industries Inc/Mn)
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 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), Revolving Credit Agreement (Susa Partnership Lp)
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 Holdings Corp), Credit Agreement (Brush Engineered Materials Inc), 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: Revolving 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 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.), Revolving Credit and Security Agreement (Birks 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 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/), Credit Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/)
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: Bridge Term Loan Credit Agreement (GXO Logistics, Inc.), Credit Agreement (Salesforce, Inc.), Credit Agreement (Salesforce, 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 (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan Agreement (M/a-Com Technology Solutions 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)4.3.
Appears in 10 contracts
Samples: Assignment Agreement (Platinum Technology International Inc), Assignment Agreement (Platinum Technology Inc), Credit Agreement (Venture Service 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)2.17.
Appears in 10 contracts
Samples: Credit Agreement (WGL Holdings Inc), Credit Agreement (Ralcorp Holdings Inc /Mo), 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)3.6.
Appears in 9 contracts
Samples: Year Revolving Credit Agreement (Arvinmeritor Inc), Credit Agreement (Meritor Automotive Inc), Day Credit Agreement (Arvinmeritor 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(ivSection 3.05(e).
Appears in 9 contracts
Samples: Credit Agreement (GXO Logistics, Inc.), Term Loan Credit Agreement (GXO Logistics, Inc.), Credit Agreement (GXO Logistics, 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: Term Loan Agreement (First Industrial Lp), Revolving Credit Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial 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) 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)2.22.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Limited Partnership/), Term Loan Agreement (Duke Realty Limited Partnership/)
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 (Standard Register Co), 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 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: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Second Lien Credit Agreement (Moneygram International 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 (Cabelas 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 (Scotsman Industries Inc), Assignment Agreement (Dynegy 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 (Actuant Corp), Credit Agreement (Actuant 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)SECTION 2.17.
Appears in 7 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (Loewen Group Inc), Assignment Agreement (Centerpoint Properties 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: Unsecured Revolving Credit And (First Industrial Realty Trust Inc), Unsecured Term Loan Agreement (First Industrial Realty Trust Inc), Revolving Credit Agreement (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 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 Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Gas Partners Lp)
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)2.9.
Appears in 6 contracts
Samples: Credit Agreement (Astec Industries Inc), Term Loan Agreement (Crown Castle International Corp), Credit Agreement (Astec Industries 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)SECTION 2.18.
Appears in 6 contracts
Samples: Credit Agreement (Omnicare Inc), 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 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), Assignment and Assumption (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 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 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 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 (Alliant Energy 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)) 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 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: Credit Agreement (USA Compression Partners, LP), Credit Agreement, Agreement (USA Compression 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).. 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 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: Credit Agreement (Servicemaster LTD Partnership), Assignment Agreement (Servicemaster Co), Assignment Agreement (Servicemaster 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, 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 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 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 (USA Compression Partners, LP), Credit Agreement (Wrigley Wm Jr Co), 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 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 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 (Roadrunner Transportation Systems, Inc.), 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 Inc.), Credit Agreement (Polaris Industries Inc/Mn)
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 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), Credit Agreement (Superior Energy Services Inc), Senior Secured (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).
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 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 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 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 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)2.16.
Appears in 3 contracts
Samples: Credit Agreement (Torchmark Corp), Credit Agreement (Torchmark Corp), Credit Agreement (Jostens 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)2.25.
Appears in 3 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws of any jurisdiction other than the United States or any State thereofthereof (in the case of a Transferee which is a Lender to the Company), or of the jurisdiction in which a Foreign Subsidiary Borrower is located (in the case of a Transferee which is a Lender to such Foreign Subsidiary Borrower), 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 3 contracts
Samples: Loan Agreement (Myers Industries Inc), Execution Copy (Myers Industries Inc), Loan Agreement (Myers Industries 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 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 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 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 Limited Partnership/), Credit and Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp)
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 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 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 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(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 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 Management Corp), Credit Agreement (Franklin Credit Holding Corp/De/), Credit Agreement (Franklin Credit Holding 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)SECTION 2.22.
Appears in 3 contracts
Samples: Assignment Agreement (Centerpoint Properties Trust), Revolving Credit Agreement (Duke Weeks Realty Limited Partnership), Revolving Credit Agreement (Duke Weeks Realty Limited Partnership)
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 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 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: Credit Agreement (Star Telecommunications Inc), Credit Agreement (Pacific Scientific Co), Assignment Agreement (LTC Properties 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(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 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: Assignment Agreement (Navigators Group Inc), Credit Agreement (Navigators Group Inc), Credit Agreement (Navigators 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)4.5.
Appears in 3 contracts
Samples: Credit Agreement (Associated Estates Realty Corp), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Revolving Credit Agreement (Centerpoint Properties Trust)
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: Credit Agreement (Transit Group Inc), Assignment Agreement (DPL Inc), Assignment Agreement (Torchmark 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: Credit Agreement (Firstar Corp /Wi/), Credit Agreement (Interim Services Inc), Assignment 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)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 Bank 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 2 contracts
Samples: Credit 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 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).. ARTICLE 13
Appears in 2 contracts
Samples: Confidential Execution (GXO Logistics, Inc.), Credit Agreement (RXO, 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)5.10.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alpharma Inc), Loan and Security Agreement (Alpharma Inc)
Tax Treatment. If any interest in any Loan Document is transferred to any Transferee which is organized under the laws 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. Remainder of this page intentionally left blank.
Appears in 2 contracts
Samples: Credit Agreement (Petroquest Energy Inc), Credit Agreement (Petroquest Energy 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(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 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)5.9.
Appears in 2 contracts
Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Enpro Industries, 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(iv)2.3.14.
Appears in 2 contracts
Samples: Credit Agreement (Cordant Technologies Inc), Credit Agreement (Cordant Technologies 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).3.5. NOTICES
Appears in 2 contracts
Samples: Assignment Agreement (Inland Real Estate Corp), Credit Agreement (Inland Retail Real Estate Trust 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: Assignment Agreement (Syncor International Corp /De/), Credit 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(IV).
Appears in 2 contracts
Samples: Credit Agreement (Ch Energy Group Inc), 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 of America 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)12.16.
Appears in 2 contracts
Samples: And Guaranty Agreement (Amerus Life Holdings Inc), Facility and Guaranty Agreement (Sun Communities 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 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 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 (Idaho Power Co), Credit Agreement (Idaho Power 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).
Appears in 2 contracts
Samples: Short Term Loan 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 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(iv3.5(d) and (f).
Appears in 2 contracts
Samples: Credit Agreement (Unitrin Inc), Exhibits and Schedules (Unitrin 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 Participant or Purchaserpurchaser 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 2 contracts
Samples: Unsecured Term Loan Agreement (First Industrial Lp), Revolving Credit Agreement (First Industrial 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(iv3.05(iv).
Appears in 2 contracts
Samples: Credit Agreement (American Plumbing & Mechanical Inc), Credit Agreement (Commonwealth Edison 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(iv3.4(d).
Appears in 2 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
