Common use of Excess Funds Clause in Contracts

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its securitization program or (y) all of such Conduit Lender’s commercial paper notes are paid in full. Any amount which any Conduit Lender does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or obligation of such Conduit Lender for any such insufficiency unless and until such Conduit Lender satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its securitization program or (y) all of such Conduit Lender’s commercial paper notes are paid in full. Any amount which any Conduit Lender does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or obligation of such Conduit Lender for any such insufficiency unless and until such Conduit Lender satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 13.23 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its securitization program or (y) all of such Conduit Lender’s commercial paper notes are paid in full. Any amount which any Conduit Lender does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or obligation of such Conduit Lender for any such insufficiency unless and until such Conduit Lender satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender Purchaser shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser’s securitization program or (y) all of such Conduit LenderPurchaser’s commercial paper notes are paid in full. Any amount which any a Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section §101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 9.12 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender Purchaser shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser's securitization program or (y) all of such Conduit Lender’s Purchaser's commercial paper notes are paid in full. Any amount which any a Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this This Section 13.24 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no a Conduit Lender shallPurchaser shall not, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Note Purchase Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser’s securitization program or (y) all of such Conduit LenderPurchaser’s commercial paper notes are paid in full. Any amount which any a Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section §101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 11.13 shall survive the termination of this Credit Note Purchase Agreement.. 41

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender Purchaser shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser's securitization program or (y) all of such Conduit Lender’s Purchaser's commercial paper notes are paid in full. Any amount which any a Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 9.12 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender Purchaser shall, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser’s securitization program or (y) all of such Conduit LenderPurchaser’s commercial paper notes are paid in full. Any amount which any a Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section §101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this This Section 13.24 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Sale Agreement to the contrary, no Conduit Lender shallPurchaser shall not, nor and shall any Conduit Lender not be obligated to, pay any amount pursuant to this Credit Sale Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its Conduit Purchaser’s securitization program or (y) all of such Conduit LenderPurchaser’s commercial paper notes are paid in full. Any amount which any Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a 37 claim (as defined in Section §101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this This Section 13.24 9.12 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no each Conduit Lender shallPurchaser shall not, nor and shall any Conduit Lender not be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender Purchaser has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender Purchaser could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its such Conduit Purchaser’s securitization program or (y) all of such Conduit LenderPurchaser’s commercial paper notes are paid in full. Any amount which any such Conduit Lender Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section §101 of the United States Bankruptcy Code) against or corporate obligation of such Conduit Lender Purchaser for any such insufficiency unless and until such Conduit Lender Purchaser satisfies the provisions of clauses (i) and (ii) above. The provisions of this This Section 13.24 shall survive the termination of this Credit Agreement.

Excess Funds. Notwithstanding any provisions contained in this Credit Agreement to the contrary, no Conduit Lender shallshall not, nor shall any Conduit Lender be obligated to, pay any amount pursuant to this Credit Agreement unless (i) such Conduit Lender has received funds which may be used to make such payment and which funds are not required to repay its commercial paper notes when due and (ii) after giving effect to such payment, either (x) such Conduit Lender could issue commercial paper notes to refinance all of its outstanding commercial paper notes (assuming such outstanding commercial paper notes matured at such time) in accordance with the program documents governing its securitization program or (y) all of such Conduit Lender’s commercial paper notes are paid in full. Any amount which any Conduit Lender does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in Section 101 of the United States Bankruptcy Code) against or obligation of such Conduit Lender for any such insufficiency unless and until such Conduit Lender satisfies the provisions of clauses (i) and (ii) above. The provisions of this Section 13.24 shall survive the termination of this Credit Agreement.