Common use of Booking of Loans and Letters of Credit Clause in Contracts

Booking of Loans and Letters of Credit. Any Lender and any Issuing Bank may make, carry or transfer Loans or Issue Letters of Credit at, to or for the account of its Fixed Rate Lending Office or Fixed Rate Affiliate or its other offices or Affiliates (without complying with the requirements of Section 13.01). No Lender shall be entitled, however, to receive any greater amount under Sections 3.04, 3.05, 3.08, 4.01(f) or 4.02(e) as a result of the transfer of any such Loan or Letter of Credit to any office (other than such Fixed Rate Lending Office) or any Affiliate (other than such Fixed Rate Affiliate) than such Lender or such Issuing Bank would have been entitled to receive immediately prior thereto, unless, such Lender or such Issuing Bank, as the case may be, provides reasonably satisfactory evidence to the Company that (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. No Fixed Rate Affiliate or such other Affiliate of any Lender or any Issuing Bank shall, in its capacity as such, be deemed a party hereto or have any liability or obligation hereunder.

Booking of Loans and Letters of Credit. Any Lender and any Issuing Bank may make, carry or transfer Loans or Issue Letters of Credit at, to or for the account of its Fixed Rate Lending Office or Fixed Rate Affiliate or its other offices or Affiliates (without complying with the requirements of Section 13.01). No Lender shall be entitled, however, to receive any greater amount under Sections 3.04, 3.05, 3.08, 4.01(f) or 4.02(e) as a result of the transfer of any such Loan or Letter of Credit to any office (other than such Fixed Rate Lending Office) or any Affiliate (other than such Fixed Rate Affiliate) than such Lender or such Issuing Bank would have been entitled to receive immediately prior thereto, unless, such Lender or such Issuing Bank, as the case may be, provides reasonably satisfactory evidence to the Company that (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. No Fixed Rate Affiliate or such other Affiliate of any Lender or any Issuing Bank shall, in its capacity as such, be deemed a party hereto or have any liability or obligation hereunder.