Common use of Qualifying Lender Clause in Contracts

Qualifying Lender. If a New Lender fails to indicate its status in accordance with this Clause 13.6 then such New 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 COFACE Agent which category applies (and the COFACE Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 13.6.

Appears in 2 contracts

Sources: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)

Qualifying Lender. If a New Lender fails to indicate its status in accordance with this Clause 13.6 then such New 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 COFACE BPIFAE Agent which category applies (and the COFACE BPIFAE Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 13.6.

Appears in 1 contract

Sources: Bpifae Facility Agreement (Globalstar, Inc.)

Qualifying Lender. If a New Lender fails to indicate its status in accordance with this Clause 13.6 12.6 (Lender Status Confirmation) then such New 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 COFACE Agent which category applies (and the COFACE Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, a Transfer Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 13.612.6 (Lender Status Confirmation).

Appears in 1 contract

Sources: Second Lien Facility Agreement (Globalstar, Inc.)

Qualifying Lender. If a New Lender fails to indicate its status in accordance with this Clause 13.6 14.5 then such New 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 COFACE Agent which category applies (and the COFACE Agent, upon receipt of such notification, shall inform the Borrower). For the avoidance of doubt, an Accession Letter or a Transfer and Assignment Certificate or Assignment Agreement shall not be invalidated by any failure of a Lender to comply with this Clause 13.614.5.

Appears in 1 contract

Sources: Development Facility Agreement