Common use of Change in Commitments Clause in Contracts

Change in Commitments. With effect from and including the Amendment Effective Date (as defined below), (i) each Person listed on the signature pages hereof that is not a party to the Receivables Agreement (a "New Purchaser") shall become a Purchaser party to the Receivables Agreement, (ii) the Commitment of each Purchaser shall be the amount set forth opposite the name of such Purchaser on the commitment schedule attached hereto as Exhibit A (the "New Commitment Schedule"), (iii) Schedule X to the Receivables Agreement shall be deleted in its entirety and replaced with the New Commitment Schedule, (iv) any Purchaser under the Receivables Agreement not listed on the New Commitment Schedule (a "Departing Purchaser") shall cease to be a Purchaser party to the Receivables Agreement; provided, that the provisions of Sections 2.12(a), 2.14 and 11.5 of the Receivables Agreement shall continue to inure to the benefit of each Departing Purchaser, and (v) all accrued Yield, fees and other amounts payable under the Receivables Agreement for the account of each Departing Purchaser shall be due and payable on such date and shall be paid in accordance with the ordinary settlement procedures set forth in Section 2.6 of the Receivables Agreement. Upon the Amendment Effective Date, (i) each New Purchaser shall pay to the Agent an amount equal to its pro rata share of the aggregate outstanding Capital Investments and (ii) any Purchaser (an "Increasing Purchaser") whose Commitment has been increased hereby shall pay to the Agent an amount equal to the increase in its pro rata share of the aggregate outstanding Capital Investments, in each case such payments shall be for the account of each Departing Purchaser and any Purchaser (a "Reducing Purchaser") whose Commitment has been reduced hereby. Upon receipt of such amount by the Agent, (i) each Departing Purchaser shall be deemed to have ratably assigned its outstanding Capital Investments to the New Purchasers and the Increasing Purchasers in accordance with such Purchaser's new Commitment or the increased portion thereof as applicable, (ii) each Reducing Purchaser shall be deemed to have ratably assigned that portion of its outstanding Capital Investments that is being reduced to the New Purchasers and the Increasing Purchasers in accordance with such Purchaser's new Commitment or the increased portion thereof as applicable, and (iii) the Agent shall promptly distribute to each Departing Purchaser and Reducing Purchaser its ratable share of the amounts received by the Agent pursuant to this paragraph.

Change in Commitments. With effect from Section 1.1 From and including after the Amendment Effective Date (as defined below)date hereof, (i) each Person listed on the signature pages hereof that is not a party to the Receivables Agreement (a "New Purchaser") shall become a Purchaser party to the Receivables Agreement, (ii) the Commitment of each Purchaser Lender shall be the amount set forth opposite the such Lender's name of such Purchaser on the commitment schedule attached Exhibit A hereto as the same may be reduced pursuant to the terms of the Credit Agreement, and, with respect to each Existing Lender, such amount shall supersede and be deemed to amend the amount of its respective Commitment as set forth opposite its name on Exhibit A to the Credit Agreement. Section 1.2 The parties hereto acknowledge that the Commitment of each of the Withdrawing Lenders under the Credit Agreement has been terminated and the Withdrawing Lenders shall have no further duties or obligations under the Credit Agreement after the date hereof. Section 1.3 The New Lender agrees with the Borrower, the Existing Lenders and the Agent that (i) the "New Commitment Schedule")Lender will abide by the terms of the Credit Agreement as amended hereby, (iiiii) Schedule X to the Receivables Credit Agreement shall be deleted in its entirety and replaced with the New Commitment Schedulebinding upon, (iv) any Purchaser under the Receivables Agreement not listed on the New Commitment Schedule (a "Departing Purchaser") shall cease to be a Purchaser party to the Receivables Agreement; provided, that the provisions of Sections 2.12(a), 2.14 and 11.5 of the Receivables Agreement shall continue to inure to the benefit of each Departing Purchaserof, and (v) all accrued Yieldbe enforceable by and against the New Lender, fees and other amounts payable under the Receivables Agreement for the account of each Departing Purchaser shall be due and payable on such date and shall be paid in accordance with the ordinary settlement procedures set forth in Section 2.6 of the Receivables Agreement. Upon the Amendment Effective Date, (i) each New Purchaser shall pay to the Agent an amount equal to its pro rata share of the aggregate outstanding Capital Investments and (ii) any Purchaser (an "Increasing Purchaser") whose Commitment has been increased hereby shall pay to the Agent an amount equal to the increase in its pro rata share of the aggregate outstanding Capital Investments, in each case such payments shall be for the account of each Departing Purchaser and any Purchaser (a "Reducing Purchaser") whose Commitment has been reduced hereby. Upon receipt of such amount by the Agent, (i) each Departing Purchaser New Lender shall be deemed to have ratably assigned its be a "Lender" under, and as such term is defined in, the Credit Agreement. Section 1.4 If any Loans are outstanding Capital Investments under the Credit Agreement on the date hereof, the Lenders shall on the date hereof, at the direction of the Agent, make appropriate adjustments among themselves in order to insure that the amount (and type) of the Loans outstanding from each Lender under the Credit Agreement (as of the date hereof) are proportionate to each Lender's Commitment Percentage, after giving effect to the New Purchasers and the Increasing Purchasers in accordance with such Purchaser's new Commitment or the increased portion thereof as applicable, (ii) each Reducing Purchaser shall be deemed to have ratably assigned that portion of its outstanding Capital Investments that is being reduced to the New Purchasers and the Increasing Purchasers in accordance with such Purchaser's new Commitment or the increased portion thereof as applicable, and (iii) the Agent shall promptly distribute to each Departing Purchaser and Reducing Purchaser its ratable share reallocation of the amounts received by Commitments of the Agent pursuant to this paragraphLenders.