Common use of Special Purpose Funding Vehicles Clause in Contracts

Special Purpose Funding Vehicles. Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPV”), identified as such in writing from time to time by the Granting Lender to the Administrative 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 this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV to make any Loan and (ii) if an SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Granting Lender shall be obligated to make such Loan pursuant to the terms hereof. The making of a Loan by an SPV hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, such Loan were made by such Granting Lender. Each party hereto hereby agrees that no SPV shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which shall remain with the Granting Lender). In furtherance of the foregoing, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPV, such party will not institute against, or join any other person in instituting against, such SPV any

Special Purpose Funding Vehicles. Notwithstanding anything Subject to the contrary contained hereinclause (vii) of subsection (b) above, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPV”), identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Borrower, Company (an “SPC”) the option to provide to the Borrower all or any part of any Committed Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV SPC to make fund any Loan Committed Loan, and (ii) if an SPV elects such granting shall not to exercise such option or otherwise fails to provide all or any part of such Loan, relieve the Granting Lender shall be obligated of any of its obligations under this Agreement, including, without limitation, its obligation to make such Loan pursuant to the terms hereof. The making of fund a Loan by an SPV hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, for any reason, its SPC fails to fund any such Loan were made by such Granting LenderLoan. Each party hereto hereby agrees that (i) neither the grant to any SPC nor the exercise by any SPC of such option shall increase the costs or expenses or otherwise increase or change the obligations of the Borrowers under this Agreement (including its obligations under Section 3.04), (ii) no SPV SPC shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which a Lender would be liable, provided, however, that the Granting Lender shall remain with liable for such obligations, and (iii) the Granting Lender). In furtherance Lender shall for all purposes, including the approval of the foregoingany amendment, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper waiver or other senior indebtedness modification of any SPVprovision of any Loan Document, such party will not institute against, or join any other person in instituting against, such SPV anyremain the lender of record

Special Purpose Funding Vehicles. Notwithstanding anything Subject to the contrary contained hereinclause (vii) of subsection (b) above, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPV”), identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Borrower, Borrower (an “SPC”) the option to provide to the Borrower all or any part of any Committed Loan that such Granting Lender would otherwise be obligated to make to the Borrower pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV SPC to make fund any Loan Committed Loan, and (ii) if an SPV elects such granting shall not to exercise such option or otherwise fails to provide all or any part of such Loan, relieve the Granting Lender shall be obligated of any of its obligations under this Agreement, including, without limitation, its obligation to make such Loan pursuant to the terms hereof. The making of fund a Loan by an SPV hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, for any reason, its SPC fails to fund any such Loan were made by such Granting LenderLoan. Each party hereto hereby agrees that (i) neither the grant to any SPC nor the exercise by any SPC of such option shall increase the costs or expenses or otherwise increase or change the obligations of the Borrower under this Agreement (including its obligations under Section 3.04), (ii) no SPV SPC shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which a Lender would be liable, provided, however, that the Granting Lender shall remain with the Granting Lender). In furtherance of the foregoingliable for such obligations, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPV, such party will not institute against, or join any other person in instituting against, such SPV anyand