Conduit Lenders Sample Clauses

Conduit Lenders. (a) Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to its Eligible Conduit Lender, identified in writing from time to time by the Granting Lender to the Administrative Agent and the Borrower (together with any applicable notice information and any other reasonably detailed information required by the Borrower or the Administrative Agent to perform their obligations hereunder, and an agreement by which such Conduit Lender became a party hereto), the option to provide to the Borrower all or any part of any Advances that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to Section 2.1; provided that (i) no Conduit Lender shall be committed to provide any Advance or have any obligation to pay any amount in excess of amounts available to such Conduit Lender after paying or making provision for the payment of its commercial paper and nothing herein shall constitute a commitment to make an Advance or pay any other obligation by any Conduit Lender, and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to provide all or any part of such Advance or any other obligation, the Granting Lender shall be obligated to make such Advance or pay such other obligation pursuant to the terms hereof on the date such Advance is to be made or other obligations paid, without notice or demand from Borrower. For the avoidance of doubt, no action or inaction by any Conduit Lender will excuse any of the obligations of any Lender as provided herein, including, but not limited to, the obligations to make timely Advances, as provided in Section 2.1 and Section 2.3. The making of an Advance by a Conduit Lender hereunder shall (i) utilize the Commitment of the related Granting Lender to the same extent, and as if, such Advance were made by such Granting Lender and (ii) constitute an Advance by such Granting Lender to the extent context may require where this Agreement references Advances made by such Lender, including for the calculation of Yield and other relevant calculations hereunder. No Conduit Lender shall have a Commitment hereunder. Each Granting Lender listed in Appendix II under the heading “Granting Lender” hereby designates each entity listed opposite such Granting Lender’s name in such Appendix II as its Conduit Lenders, each of which is, as of the date hereof, an Eligible Conduit Lender with respect to such Granting Lender. (b) Each Granting Lender shall cause ea...

Conduit Lenders. Any Person delivering any notice to a Conduit Xxxxxx hereunder shall also deliver a copy of such notice to the applicable Granting Lender.

Conduit Lenders. Each party hereto hereby confirms that it will not institute against a Conduit Lender or join any other Person in instituting against a Conduit Lender any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding under any state bankruptcy or similar law, for one (1) year and one (1) day after the payment in full of the latest maturing commercial paper note issued by such Conduit Lender.

Conduit Lenders. 56 ARTICLE XIII NOTICES........................................................56

Conduit Lenders. The Borrower hereby agrees and consents to the pledge, assignment and/or granting of a security interest by each Conduit Lender in or of all of its rights under, interest in, title to and obligations under this Agreement and the other Facility Documents to such Conduit Lender’s collateral agent or trustee under such Conduit Xxxxxx’s commercial paper note program; provided, that, no such pledge, assignment or grant shall release such Conduit Lender from any of its obligations hereunder or substitute any such pledge or grantee for such Conduit Lender as a party hereto. WEIL:\99621584\14\35899.0654

Conduit Lenders. Notwithstanding anything to the contrary contained herein, any Designated Lender (a “Granting Lender”) may grant to any Conduit Lender sponsored by such Granting Lender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to Section 2.01; provided that (i) no Conduit Lender shall be committed to provide any Advance and nothing herein shall constitute a commitment to make an Advance by any Conduit Lender, and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to provide all or any part of such Advance, the Granting Lender shall be obligated to make such Advance pursuant to the terms hereof. The making of an Advance by a Conduit Lender hereunder shall utilize the related Allocation of the related Granting Lender to the same extent, and as if, such Advance were made by such Granting Lender. Each Granting Lender listed in Schedule I under the heading “Granting Lender” hereby designates each entity listed opposite such Granting Lender’s name in such Schedule as Conduit Lenders sponsored by such Granting Lender as of the date hereof.

Conduit Lenders. (a) It is the intent of the parties hereto that, to the extent that Commercial Paper may be issued pursuant to and in accordance with the terms of the constituent and governing documents applicable to any Qualified Conduit Lender, the portion of the Loan to be funded by such Conduit Lender will be funded through the issuance of Commercial Paper and the outstanding principal amount of maturing Commercial Paper will be paid through the issuance of additional Commercial Paper. Notwithstanding the foregoing, if at any time Commercial Paper cannot be issued in accordance therewith for any reason, upon the maturity of any outstanding Commercial Paper, amounts owing with respect thereto will be paid by the Liquidity Provider of such Conduit Lender in accordance with the terms of the applicable Liquidity Provider Agreement. (b) Each Conduit Lender will at all times provide a Liquidity Commitment with a Liquidity Provider pursuant to the terms of a Liquidity Provider Agreement. All such Liquidity Commitments may be renewable by the Conduit Lender for successive periods of up to 364 days in accordance with the provisions of the applicable Liquidity Provider Agreement to be renewed. Notwithstanding the drawing down of any amounts under a Liquidity Commitment, the portion of the Loan of the Conduit Lender making such draw shall continue to be due on the Maturity Date or such earlier time as may be required pursuant to (S)2.4 hereof.

Conduit Lenders. Each of the Borrower, each Lender and the Administrative Agent hereby confirms that it will not institute against a Conduit Lender or join any other Person in instituting against a Conduit Lender any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding under any federal or state bankruptcy or similar law, for one year and one day after the payment in full of the latest maturing commercial paper note issued by such Conduit Lender; provided, however, that each Lender designating any Conduit Lender hereby agrees to indemnify, save and hold harmless each other party hereto for any loss, cost, damage or expense arising out of its inability to institute such a proceeding against such Conduit Lender during such period of forbearance.

Conduit Lenders. Any Person delivering any notice to a Conduit Lender hereunder shall also deliver a copy of such notice to the applicable Granting Lender. Seventh Amended and Restated Credit Agreement 161