provided that any Person that is a and subsequently becomes a Disqualified (but was not a Disqualified on the Closing Date or at the time it became a ) shall be deemed to not be a Disqualified hereunder with respect to any Loans held by it immediately prior to becoming a Disqualified . The Administrative shall make the list of Disqualified Lenders available to any or prospective upon request by such or prospective .
provided“Disqualified ” means # those Persons identified by the Borrower (or one of its Affiliates) or the Sponsor to the Administrative Agent in writing prior to February 9, 2017, # competitors (and such competitors’ sponsors and Affiliates identified in writing or reasonably identifiable as such solely on the basis of their names) of the Borrower identified by the Borrower to the Administrative Agent in writing # from time to time prior to the initial syndication of the Facilities prior to the Closing Date and # thereafter (including after the Closing Date) from time to time and # any Affiliate of any Person described in clause (i) or competitor described in clause (ii) that anyis identified by the Borrower to the Administrative Agent in writing from time to time or reasonably identifiable solely by name as an Affiliate of such Person, other than an Affiliate of such Person that is a and subsequently becomes aBona Fide Debt Fund; provided that no updates to the list of Disqualified (but was not a Disqualified on the Closing Date or at the time it became a ) shall be deemed to retroactively disqualify any parties that have previously validly acquired an assignment or participation in respect of the Loans from continuing to hold or vote such previously acquired assignments and participations on the terms set forth herein for that are not be a Disqualified hereunder with respect to any Loans held by it immediately prior to becoming a Disqualified .. The Administrative shall make the list of Disqualified Lenders shall be made available to any or prospective Lender upon request by such or prospective .to the Administrative Agent, subject to customary confidentiality requirements.
provided“Disqualified ” means # those Persons identified by the Lead Borrower (or one of its Affiliates) or the Sponsor to the Administrative Agent in writing prior to November 8, 2019, # competitors (and such competitors’ sponsors and Affiliates identified in writing or reasonably identifiable as such solely on the basis of their names) of the Lead Borrower identified by the Lead Borrower to the Administrative Agent in writing # from time to time prior to the date of the bank meeting in connection with the Initial Term Loans and # thereafter (including after the Closing Date) from time to time and # any Affiliate of any Person described in clause (i) or competitor described in clause (ii) that anyis identified by the Lead Borrower to the Administrative Agent in writing from time to time or reasonably identifiable solely by name as an Affiliate of such Person, other than an Affiliate of such Person that is a and subsequently becomes aBona Fide Debt Fund; provided that # no updates to the list of Disqualified [[Lender:Lenders:Organization]] (but was not a Disqualified on the Closing Date or at the time it became a ) shall be deemed to retroactively disqualify any parties that have previously validly acquired an assignment or participation in respect of the Loans from continuing to hold or vote such previously acquired assignments and participations on the terms set forth herein for that are not beDisqualified and # notwithstanding anything herein to the contrary, the Lead Borrower may withhold consent for any assignments to any Affiliate of a Disqualified hereunderLender (to the extent such consent is otherwise required under Section 10.07) regardless of whether such assignee is reasonably identifiable as an Affiliate of a Disqualified Lender solely on the basis of its name (other than with respect to any Loans held by it immediately prior to becoming a Disqualified Affiliates that are Bona Fide Debt Funds). The Administrative shall make the list of Disqualified Lenders shall be made available to any or prospective Lender upon request by such or prospective .to the Administrative Agent, subject to customary confidentiality requirements.
provided that“Disqualified ”: any Person # identified in writing # to the Arrangers by the Borrower prior to the Acquisition Signing Date or # to the Administrative Agent prior to the Closing Date, # who is (directly or through a controlled subsidiary or portfolio company) a competitor of the Borrower or any of its Subsidiaries separately identified in writing by the Borrower to the Arrangers prior to the Closing Date from time to time or, if after the Closing Date, to the Administrative Agent from time to time and # any Affiliate of any Person described in [clauses [(a) or (b) above]e]] (other than any such Affiliate that is a bona fide Fund and subsequently becomeswith respect to which no personnel involved with the investment in the relevant competitor, or the management, control or operation thereof, directly or indirectly possesses the power to direct or cause the investment policies of such fund, vehicle or entity) that is either # identified in writing by the Borrower to the Administrative Agent from time to time or # clearly identifiable as an Affiliate solely on the basis of the similarity of such Affiliate’s name. Notwithstanding the foregoing, # each Credit Party and acknowledge and agree that the Administrative Agent shall not have any responsibility or obligation to determine whether any Lender or potential Lender is a Disqualified (but was not a Disqualified onLender and the Closing Date or at the time it became a )Administrative Agent shall be deemed to not be a Disqualified hereunderhave no liability with respect to any Loans held by it immediately priorassignment or participation made to becoming a Disqualified . The Administrative Lender, and # any such designation of a Disqualified Lender may not apply retroactively to disqualify any Person that has previously acquired an assignment or participation in any Facility (but no further assignment or participation shall make the list of Disqualified Lenders availablebe permitted to any or prospective upon request bybe made to such or prospective Person).
provided“Disqualified Lender” means # those Persons that have been identified by the Borrower in writing to the Administrative Agent on or prior to the Effective Date, # any Person that is a identified by the Borrower in writing to the Administrative Agent and subsequently becomesapproved by the Administrative Agent (such approval not to be unreasonably withheld, conditioned or delayed) and # Affiliates of any Person identified in [clauses (i) or (ii) above] that are either identified in writing to the Administrative Agent by the Borrower from time to time or readily identifiable solely based on the similarity of such Affiliate’s name. The identification of a Disqualified (but wasLender after the Effective Date shall not apply to retroactively disqualify any Person that has previously acquired an assignment or participation interest in any Loan or Commitment (or any Person that, prior to such identification, has entered into a bona fide and binding trade for either of the foregoing and has not yet acquired such assignment or participation); provided, that any designation of a Person as a Disqualified on the Closing Date or at the time it became a )Lender shall be deemed to not be a Disqualified hereunder with respecteffective until the Business Day after written notice thereof by the Borrower to any Loans heldthe Administrative Agent and approval by it immediately priorthe Administrative Agent to becoming a Disqualified the extent required in [clause (ii) above]. The Administrative Agent shall makehave the right, and the Borrower hereby expressly authorizes the Administrative Agent, to provide the list of Disqualified Lenders available to any or prospective upon request byeach Lender requesting the same (so long as such or prospective Lender agrees to keep such list confidential in accordance with [Section 9.13]).
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