Common use of Conduit Lenders, etc Clause in Contracts

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Lender, (a "Granting Lender") may grant to a 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 (a "Conduit Lender") the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First Boston, New York Branch, hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Association.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer dealer, or investors, or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonEach Conduit Lender shall be permitted, New York Branchwithout the consent of the Borrower or the Agent, hereby designates each to assign any or all of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of its 122 Loan Agreement interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender’s related Granting Lender’s obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other Loan Documents and grants to each parties hereto for the performance of such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Associationobligations.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Lender, (a "“Granting Lender"”) may grant to a 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 (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonSuisse, New York Branch, Branch hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation Corp. as "a “Conduit Lenders" Lender” for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First BostonSuisse, New York Branch. Wachovia BankDresdner Bank AG, National Association, New York Branch hereby designates Variable Beethoven Funding Capital Corporation Corp. as a "“Conduit Lender" ” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia BankDresdner Bank AG, National AssociationNew York Branch. Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank International”, New York Branch hereby designates Nieuw Amsterdam Receivables Corporation as a “Conduit Lender” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank International”, New York Branch.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender Xxxxxx hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender Xxxxxx shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer dealer, or investors, or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonEach Conduit Lender shall be permitted, New York Branchwithout the consent of the Borrower or the Agent, hereby designates each to assign any or all of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of its interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender’s related Granting Lender’s obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other Loan Documents and grants to each parties hereto for the performance of such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branchobligations. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Association.SECTION 11.07

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Lender, (a "“Granting Lender"”) may grant to a 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 (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonSuisse, New York Branch, Branch hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation Corp. as "a “Conduit Lenders" Lender” for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First BostonSuisse, New York Branch. Wachovia BankCoöperatieve Centrale Raiffeisen-Boerenleenbank B.A., National Association“Rabobank International”, New York Branch hereby designates Variable Funding Capital Nieuw Amsterdam Receivables Corporation as a "“Conduit Lender" ” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia BankCoöperatieve Centrale Raiffeisen-Boerenleenbank B.A., National Association.“Rabobank International”, New York Branch. Xxxxxxx Receivables (No. 3) Limited, which is a Committed Lender, hereby also designates itself as a “Conduit Lender” (without xxxxxx its rights and obligations as a Committed Lender hereunder) and thereby exercises the option to fund all or any portion of the Loans contemplated to be made hereunder in such capacity as a Conduit Lender. Second Amended and Restated Warehouse Loan Agreement 119

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Lender, Committed Lender (a "“ Granting Lender") Lender ”), may grant to a 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 (a "“ Conduit Lender"Lender ”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by 106 such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (hg) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonSuisse, New York Cayman Islands Branch, hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation Corp. as a "“Conduit Lender" ” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia BankCredit Suisse, National AssociationCayman Islands Branch.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender Xxxxxx hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender Xxxxxx shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer dealer, or investors, or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonEach Conduit Lender shall be permitted, New York Branchwithout the consent of the Borrower or the Agent, hereby designates each to assign any or all of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of its interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender’s related Granting Lender’s obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other Loan Documents and grants to each parties hereto for the performance of such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Associationobligations.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonAG, New York Branch, Branch hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation Corp. as "a “Conduit Lenders" Lender” for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First BostonAG, New York Branch. Wachovia BankCoöperatieve Centrale Raiffeisen-Boerenleenbank B.A., National Association“Rabobank International”, New York Branch hereby designates Variable Funding Capital Nieuw Amsterdam Receivables Corporation as a "“Conduit Lender" ” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia BankCoöperatieve Centrale Raiffeisen-Boerenleenbank B.A., National Association.“Rabobank International”, New York Branch. Xxxxxxx Receivables (No. 3) Limited, which is a Committed Lender, hereby also designates itself as a “Conduit Lender” (without xxxxxx its rights and obligations as a Committed Lender hereunder) and thereby exercises the option to fund all or any portion of the Loans contemplated to be made hereunder in such capacity as a Conduit Lender. Each Conduit Lender shall be permitted, without the consent of the Borrower or the Agent, to assign any or all of its interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender's related Granting Lender's obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other parties hereto for the performance of such obligations. 136

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Lender, Committed Lender (a "“Granting Lender") ”), may grant to a 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 (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by 106 such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such Conduit Lender. This subsection (hg) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonSuisse, New York Cayman Islands Branch, hereby designates each of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of this Agreement and the other Loan Documents and grants to each such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation Corp. as a "“Conduit Lender" ” for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia BankCredit Suisse, National AssociationCayman Islands Branch.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer dealer, or investors, or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonEach Conduit Lender shall be permitted, New York Branchwithout the consent of the Borrower or the Agent, hereby designates each to assign any or all of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of its interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender’s related Granting Lender’s obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other Loan Documents and grants to each parties hereto for the performance of such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Associationobligations.

Conduit Lenders, etc. Notwithstanding anything to the contrary contained herein, any Committed Lender, (a "“Granting Lender"”) may grant to a conduit lender sponsored by such Granting Lenderlender, identified as such in writing from time to time by the Granting Lender (or by its Managing Lending Agent on its behalf) to the Agent and the Borrower (a "“Conduit Lender"”) the option to fund all or any part of any Loan that such Granting Lender would otherwise be obligated to fund 116 Warehouse Loan Agreement 762040188 pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any Conduit Lender to fund any Loan and (ii) if a Conduit Lender elects not to exercise such option or otherwise fails to fund all or any part of such Loan, the Granting Lender shall be obligated to fund such Loan pursuant to the terms hereof. The funding of a Loan by a Conduit Lender Xxxxxx hereunder shall utilize the Commitment of the Granting Lender to the same extent that, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no Conduit Lender Xxxxxx shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any Conduit Lender may disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer dealer, or investors, or provider of any surety or guarantee to such Conduit Lender. This subsection (h) may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by a Conduit Lender at the time of such amendment. Credit Suisse First BostonEach Conduit Lender shall be permitted, New York Branchwithout the consent of the Borrower or the Agent, hereby designates each to assign any or all of Alpine Securitization Corp., Greenwich Funding Corporation and Gramercy Capital Corporation as "Conduit Lenders" for all purposes of its interests or obligations under this Agreement to its liquidity provider pursuant to the terms of the related liquidity asset purchase agreement, and for the avoidance of doubt, such assignment shall not be subject to the provisions of Section 11.06(b); provided, however, that (i) such Conduit Lender’s related Granting Lender’s obligations under this Agreement shall remain unchanged and (ii) such Granting Lender shall remain solely responsible to the other Loan Documents and grants to each parties hereto for the performance of such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Credit Suisse First Boston, New York Branch. Wachovia Bank, National Association, hereby designates Variable Funding Capital Corporation as a "Conduit Lender" for all purposes of this Agreement and the other Loan Documents and grants to such Conduit Lender the option to fund all or any portion of the Loans contemplated to be made hereunder by Wachovia Bank, National Associationobligations.