Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 4 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower Borrowers all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 3 contracts
Samples: Credit Agreement (PetIQ, Inc.), Credit Agreement (PetIQ, Inc.), Credit Agreement (American Apparel, Inc)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower Borrowers all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s 's original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 2 contracts
Samples: Credit Agreement (PetIQ, Inc.), Amendment No. 5 (American Apparel, Inc)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Term Lender (a “"Granting Lender”") may assign to one or more special purpose funding vehicles (each, an “"SPC”") all or any portion of its funded Loans (without, in the case of Revolving Credit Term Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s 's sole discretion, to provide the Borrower Borrowers all or any part of any Term Loans that such Term Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Term Lender making or holding such Term Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Term Lender may designate, a Term Loan Note in the amount of such Granting Lender’s 's original Term Loan Note to evidence the Term Loans of such Granting Lender and related SPC.
Appears in 2 contracts
Samples: Credit Agreement (Intersections Inc), Credit Agreement (Intersections Inc)
Special Purpose Funding Vehicles. Notwithstanding any provision anything to the contrarycontrary contained herein, any Lender Lender, (a “"Granting Lender”") may assign grant to one or more a special purpose funding vehicles vehicle (each, an “"SPC”") all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed option to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower fund all or any part of any Loans Advance that such Granting Lender would otherwise be obligated to make fund pursuant to this Agreement; provided, that (i) nothing herein shall constitute a commitment by an SPC to fund any Advance, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such Advance, the Granting Lender shall be obligated to fund such Advance pursuant to the terms hereof. Such SPCs The funding of an Advance by an SPC hereunder shall have all utilize the rights Commitment of the Granting Lender to the same extent, and as if, such Advance were funded by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which a Lender making would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or holding makes such Loans would have under payment. Notwithstanding anything to the contrary contained in this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all any SPC may disclose on a confidential basis any non-public information relating to its original obligations under this Agreementfunding of Advances to any rating agency, including its Commitment (although the unused portion thereof shall be reduced by the principal amount commercial paper dealer or provider of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (surety or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Granting Lender, execute and deliver guarantee to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 2 contracts
Samples: Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)
Special Purpose Funding Vehicles. Notwithstanding any provision anything to the contrarycontrary contained herein, any Lender (a “"Granting Lender”") may assign grant to one or more a special purpose funding vehicles vehicle (each, an “"SPC”") all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed option to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower fund all or any part of any Loans Loan that such Granting Lender would otherwise be obligated to make fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPC to fund any Loan, and (ii) if an SPC 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. Such SPCs The funding of a Loan by an SPC hereunder shall have all utilize the rights Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which a Lender making would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or holding makes such Loans would have under payment. Notwithstanding anything to the contrary contained in this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all any SPC may disclose on a confidential basis any non-public information relating to its original obligations under this Agreementfunding of Loans to any rating agency, including its Commitment (although the unused portion thereof shall be reduced by the principal amount commercial paper dealer or provider of any Loans held by an surety or guarantee to such SPC). Notwithstanding such assignment, This Section may not be amended without the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request prior written consent of any such each Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in all or any part of whose Loan is being funded by an SPC at the amount time of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPCamendment.
Appears in 2 contracts
Samples: Credit Agreement (Sierra Pacific Resources), Credit Agreement (Sierra Pacific Resources)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrower may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are Borrower is requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 1 contract
Special Purpose Funding Vehicles. (a) Notwithstanding any provision anything to the contrarycontrary contained herein, any Lender Lender, (a “Granting Lender”) may assign grant to one or more a special purpose funding vehicles vehicle (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed option to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower fund all or any part of any Loans Advance that such Granting Lender would otherwise be obligated to make fund pursuant to this Agreement; provided, that (i) nothing herein shall constitute a commitment by an SPC to fund any Advance, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such Advance, the Granting Lender shall be obligated to fund such Advance pursuant to the terms hereof. Such SPCs The funding of an Advance by an SPC hereunder shall have all utilize the rights Commitment of the Granting Lender to the same extent, and as if, such Advance were funded by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which a Lender making would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or holding makes such Loans would have under payment. Notwithstanding anything to the contrary contained in this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all any SPC may disclose on a confidential basis any non-public information relating to its original obligations under this Agreementfunding of Advances to any rating agency, including its Commitment (although the unused portion thereof shall be reduced by the principal amount commercial paper dealer or provider of any Loans held by an surety or guarantee to such SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment .
(as agent for the SPCb) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Each Granting Lender, execute acting solely for this purpose on the Borrower’s behalf, shall maintain a register comparable to the Register maintained by the Agent pursuant to Section 8.07(c) for purpose of recording the funding of Advances by SPCs.
(c) Assignments of and deliver participations in Advances funded by SPCs shall be subject to such Person as such Lender may designate, a Note in the amount provisions of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPCSection 8.07.
Appears in 1 contract
Special Purpose Funding Vehicles. Notwithstanding any provision -------------------------------- anything to the contrarycontrary contained herein, any Lender (a “"Granting Lender”") may assign --------------- grant to one or more a special purpose funding vehicles vehicle (each, an “"SPC”") the option to fund all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower all or --- any part of any Loans Loan that such Granting Lender would otherwise be obligated to make fund pursuant to this Agreement; provided that (i) nothing herein shall -------- constitute a commitment by any SPC to fund any Loan, and (ii) if an SPC 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. Such SPCs The funding of a Loan by an SPC hereunder shall have all utilize the rights Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Loan were funded by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which a Lender making would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or holding makes such Loans would have under payment. Notwithstanding anything to the contrary contained in this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all any SPC may disclose on a confidential basis any non-public information relating to its original obligations under this Agreementfunding of Loans to any rating agency, including its Commitment (although the unused portion thereof shall be reduced by the principal amount commercial paper dealer or provider of any Loans held by an surety or guarantee to such SPC). Notwithstanding such assignment, This Section may not be amended without the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request prior written consent of any such each Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in all or any part of whose Loan is being funded by an SPC at the amount time of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPCamendment.
Appears in 1 contract
Samples: Credit Agreement (Nevada Power Co)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrower may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrower are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Granting Lender, execute and deliver to such Person Person, as such Lender may designate, a Note in the amount of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 1 contract
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s 's sole discretion, to provide the Borrower Borrowers all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s 's original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 1 contract
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower Borrowers all or any part of any Loans that such Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Lender making or holding such Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such 151 Granting Lender, execute and deliver to such Person as such Lender may designate, a Note in the amount of such Granting Lender’s 's original Note to evidence the Loans of such Granting Lender and related SPC.
Appears in 1 contract
Samples: Credit Agreement
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Term Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Term Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower Borrowers all or any part of any Term Loans that such Term Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Term Lender making or holding such Term Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Term Lender may designate, a Term Loan Note in the amount of such Granting Lender’s 's original Term Loan Note to evidence the Term Loans of such Granting Lender and related SPC.
Appears in 1 contract
Samples: Credit Agreement (Intersections Inc)
Special Purpose Funding Vehicles. Notwithstanding any provision to the contrary, any Term Lender (a “Granting Lender”) may assign to one or more special purpose funding vehicles (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Term Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower Borrowers all or any part of any Term Loans that such Term Lender would otherwise be obligated to make pursuant to this Agreement. Such SPCs shall have all the rights which a Term Lender making or holding such Term Loans would have under this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all its original obligations under this Agreement, including its Commitment (although the unused portion thereof shall be reduced by the principal amount of any Loans held by an SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx Borrowers may deliver notices to the Granting Lender making such assignment (as agent for the SPC) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx Borrowers are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower Borrowers shall, at the request of any such Granting Lender, execute and deliver to such Person as such Term Lender may designate, DB1/ 85911004.13 a Term Loan Note in the amount of such Granting Lender’s 's original Term Loan Note to evidence the Term Loans of such Granting Lender and related SPC.
Appears in 1 contract
Samples: Credit Agreement (Intersections Inc)
Special Purpose Funding Vehicles. (a) Notwithstanding any provision anything to the contrarycontrary contained herein, any Lender Lender, (a “Granting Lender”) may assign grant to one or more a special purpose funding vehicles vehicle (each, an “SPC”) all or any portion of its funded Loans (without, in the case of Revolving Credit Loans, the corresponding Revolving Credit Commitment), without the consent of any Person or the payment of a fee, by execution of a written assignment agreement in a form agreed option to by such Granting Lender and such SPC, and may grant any such SPC the option, in such SPC’s sole discretion, to provide the Borrower fund all or any part of any Loans Advance that such Granting Lender would otherwise be obligated to make fund pursuant to this Agreement; provided, that (i) nothing herein shall constitute a commitment by an SPC to fund any Advance, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such Advance, the Granting Lender shall be obligated to fund such Advance pursuant to the terms hereof. Such SPCs The funding of an Advance by an SPC hereunder shall have all utilize the rights Commitment of the Granting Lender to the same extent, and as if, such Advance were funded by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which a Lender making would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or holding makes such Loans would have under payment. Notwithstanding anything to the contrary contained in this Agreement, but no obligations. The Granting Lender making such assignment shall remain liable for all any SPC may disclose on a confidential basis any non-public information relating to its original obligations under this Agreementfunding of Advances to any rating agency, including its Commitment (although the unused portion thereof shall be reduced by the principal amount commercial paper dealer or provider of any Loans held by an surety or guarantee to such SPC). Notwithstanding such assignment, the Administrative Agent and Xxxxxxxx may deliver notices to the Granting Lender making such assignment .
(as agent for the SPCb) and not separately to the SPC unless the Administrative Agent and Xxxxxxxx are requested in writing by the SPC (or its agent) to deliver such notices separately to it. The Borrower shall, at the request of any such Each Granting Lender, execute acting solely for this purpose on the Borrower's behalf, shall maintain a register comparable to the Register maintained by the Agent pursuant to Section 8.07(c) for purpose of recording the funding of Advances by SPCs.
(c) Assignments of and deliver participations in Advances funded by SPCs shall be subject to such Person as such Lender may designate, a Note in the amount provisions of such Granting Lender’s original Note to evidence the Loans of such Granting Lender and related SPCSection 8.07.
Appears in 1 contract