Booking of Fixed Rate Loans. Any Lender may make, carry or transfer Fixed Rate Loans at, to or for the account of its Fixed Rate Lending Office or Fixed Rate Affiliate or its other offices or Affiliates. No Lender shall be entitled, however, to receive any greater amount under Sections 3.03, 3.04, 4.01(f) or 4.02(f) as a result of the transfer of any such Fixed Rate Loan to any office (other than such Fixed Rate Lending Office) or any Affiliate (other than such Fixed Rate Affiliate) than such Lender would have been entitled to receive immediately prior thereto, unless (i) the transfer occurred at a time when circumstances giving rise to the claim for such greater amount did not exist and (ii) such claim in the relevant amount would have arisen even if such transfer had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc)
Booking of Fixed Rate Loans. Any Lender may make, carry or transfer Fixed Rate Loans at, to to, or for the account of of, its Fixed Rate Lending Office or Fixed Rate Affiliate or its other offices or Affiliates. No Lender shall be entitled, however, to receive any greater amount under Sections 3.03, 3.04, 4.01(f) or 4.02(f) as a result of the transfer of any such Fixed Rate Loan to any office (other than such Fixed Rate Lending Office) or any Affiliate (other than such Fixed Rate Affiliate) than such Lender would have been entitled to receive immediately prior thereto, unless (i) the transfer occurred at a time when circumstances giving rise to the claim for such greater amount did not exist and (ii) such claim in the relevant amount would have arisen even if such transfer had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Barneys New York Inc), Credit Agreement (Barneys New York Inc)