Common use of Conduit Lenders Clause in Contracts

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.

Conduit Lenders. (a) Notwithstanding anything to the contrary contained herein, any Designated 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)Borrower, the option to provide to the Borrower all or any part of any Advances Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to Section 2.12.01; provided that (i) no Conduit Lender shall be committed to provide make any Advance Loan 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 related amounts and nothing herein shall constitute a commitment to make an Advance a Loan 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 such Borrower. For the avoidance of doubt, no action or inaction by any Conduit Lender Xxxxxx will excuse any of the obligations of any Lender Designated Xxxxxx as provided herein, including, but not limited to, the obligations to make timely Advances, as provided in Section 2.1 2.02 and Section 2.32.04. The making of an Advance a Loan by a Conduit Lender Xxxxxx 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 an Allocation hereunder. Each Granting Lender listed in Appendix II Schedule I under the heading “Granting Lender” hereby designates each entity listed opposite such Granting Lender’s name so identified in such Appendix II Schedule as its Conduit Lenders, each of which is, as of the date hereof, an Eligible Conduit Lender with respect to such Granting Lender. For the avoidance of doubt, no Conduit Lender shall be obligated to make any Advance hereunder.

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.. Seventh Amended and Restated Credit Agreement 66

Conduit Lenders. (a) Notwithstanding anything to the contrary contained herein, any Designated 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)Borrower, the option to provide to the Borrower all or any part of any Advances Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to Section 2.12.01; provided [Warehouse Loan Agreement] 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 Designated Lender as provided herein, including, but not limited to, the obligations to make timely Advances, as provided in Section 2.1 2.01 and Section 2.32.03. The making of an Advance by a Conduit Lender hereunder shall (i) utilize the Commitment Allocation 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 an Allocation hereunder. Each Granting Lender listed in Appendix II Schedule I under the heading “Granting Lender” hereby designates each entity listed opposite such Granting Lender’s name in such Appendix II Schedule as its Conduit Lenders, each of which is, as of the date hereof, an Eligible Conduit Lender with respect to such Granting Lender.

Conduit Lenders. (a) Notwithstanding anything to the contrary contained herein, any Designated 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)Borrower, the option to provide to the Borrower all or any part of any Advances Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to Section 2.12.01; 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 related amounts 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 Designated Lender as provided herein, including, but not limited to, the obligations to make timely Advances, as provided in Section 2.1 2.01 and Section 2.32.03. The making of an Advance by a Conduit Lender hereunder shall (i) utilize the Commitment Allocation 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 an Allocation hereunder. Each Granting Lender listed in Appendix II Schedule I under the heading “Granting Lender” hereby designates each entity listed opposite such Granting Lender’s name in such Appendix II Schedule as its Conduit Lenders, each of which is, as of the date hereof, an Eligible Conduit Lender with respect to such Granting Lender. For the avoidance of doubt, no Conduit Lender shall be obligated to make any Advance hereunder.

Conduit Lenders. (a) Notwithstanding anything A Lender may designate a Conduit Lender to make its Loans, and the contrary contained herein, any Lender (a “Granting Lender”) may grant to its Eligible parties hereto acknowledge and agree that the Conduit Lender, identified in writing from time to time by together and collectively with the Granting Lender to the Administrative Agent designating Lender, shall be considered as a “Lender” under this Agreement 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 2.1Financing Documents; provided that the designation by any Lender of a Conduit Lender shall not relieve the designating Lender of any of its obligations to fund a Loan under this Agreement if, for any reason, its Conduit Lender fails to fund any such Loan, and the designating Lender (iand not the Conduit Lender) shall have the sole right and responsibility to deliver all consents and waivers required or requested under this Agreement with respect to its Conduit Lender; and provided further that no Conduit Lender shall (a) be committed entitled to provide receive any Advance greater amount pursuant to Section 2.4(d), 2.6, 2.7, 5.10 or 10.4 than the designating Lender would have any obligation been entitled to pay any amount receive in excess respect of amounts available to the Loans made by such Conduit Lender after paying or making provision for the payment of its commercial paper and nothing herein shall constitute a commitment (b) be deemed to make an Advance or pay have 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 2.3Commitment. The making of an Advance a Loan by a Conduit Lender hereunder shall (i) utilize the applicable Commitment of the related Granting a designating Lender to the same extent, and as if, such Advance Loan were made by such Granting designating Lender. The Borrower, each Lender and each Agent acknowledges and agrees that (i) no party hereto shall have recourse to a Conduit Lender in respect of any rights, obligations or other duties created under this Agreement other than those contained in Section 10.20 and any recourse to a Conduit Lender shall be limited to recourse against the Lender designating such Conduit Lender and (ii) constitute an Advance prior to the date that is one year and one day (or such longer preference period as shall then be in effect plus one day) after the payment in full of the latest maturing commercial paper note issued by such Granting Lender to the extent context may require where this Agreement references Advances made by such Conduit Lender, including 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 proceedings or other similar proceedings under Bankruptcy Law or state bankruptcy or similar laws. Trapper Loan Agreement [***] Confidential treatment has been requested for the calculation of Yield bracketed portions. The confidential redacted portion has been omitted and other relevant calculations hereunderfiled separately with the Securities and Exchange Commission. No Conduit Lender shall have a Commitment hereunderTrapper Loan Agreement [***] Confidential treatment has been requested for the bracketed portions. Each Granting Lender listed in Appendix II under The confidential redacted portion has been omitted and filed separately with 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 LenderSecurities and Exchange Commission.