SPC. Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle identified as such in writing from time to time by the Granting Lender to Administrative Agent and Borrower (an “SPC”) the option to provide all or any part of any Loan that such Granting Lender would otherwise be obligated to make 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 make all or any part of such Loan, the Granting Lender shall be obligated to make such Loan pursuant to the terms hereof. Each party hereto hereby agrees that (i) an SPC shall be entitled to the benefits of Sections 2.18(c), 2.19 and 2.20 to the same extent as if it were a Lender (subject to the requirements and limitations thereof, including the requirement to provide forms under Section 2.20(d)) and had acquired its interest by assignment pursuant to paragraph (c) of this Section; provided that an SPC shall not be entitled to receive any greater payment under Section 2.19 or 2.20 than the applicable Lender would have been entitled to receive with respect to the Loans subject to such option, except to the extent that entitlement to a greater payment results from a change in law that occurs after such SPC acquires such option, (ii) no SPC shall be liable for any indemnity or similar payment obligation under this Agreement for which a Lender would be liable, and (iii) the Granting Lender shall for all purposes, including the approval of any amendment, waiver or other modification of any provision of any Credit Document, remain the lender of record hereunder. The making of a Loan by an SPC hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, such Loan were made by such Granting Lender. Notwithstanding anything to the contrary contained herein, any SPC may (i) with notice to, but without prior consent of Borrower and Administrative Agent and with the payment of a processing fee of $3,500, assign all or any portion of its right to receive payment with respect to any Loan to the Granting Lender and (ii) disclose on a confidential basis any non-public information relating to its funding of Loans to any rating agency, commercial paper dealer or provider of any surety or Guarantee or credit or liquidity enhancement to such SPC.
SPC. (A) Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPC”), identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Borrowers, the option to provide to the Borrowers all or any part of any Loan that such Granting Lender would otherwise be obligated to make to the Borrowers pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPC to make any Loan and (ii) if an SPC 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.
SPC. See §17.1.
SPC. When the SPC is utilized, GTE shall be responsible for DTI code assignment. When DTI obtains its own SPC, DTI shall be responsible for code assignments and shall be responsible for notifying GTE and other CCS/SS7 network providers of such assignments.
SPC. Basic statistical concepts, such as variation, control (stability), process capability and over-adjustment are understood and utilized throughout AlphaUSA. This is achieved by a combination of background (education and experience), internal training (documented procedures, special training such as Six Sigma training, etc.) and external training led by consultants, local institutions or training services. Statistical concepts are implemented as applicable in the context of process control, continuous improvement, new product development and corrective and preventive actions. AlphaUSA may request SPC data on a lot by lot basis depending on the customer requirements and current status of the supplier.
SPC. SPC agrees to protect Subscriber’s Data and, except as may be required by this Agreement, applicable law, court order, or with Subscriber’s consent, SPC will not publicly disclose Subscriber’s Data, energy usage data, or billing information, unless such disclosures are made to SPC’s affiliates, financiers, lawyers, accountants, or agents and only to the extent reasonably required to facilitate service to Subscriber.
SPC. See §14.8.
SPC. When the SPC is utilized, GTE shall be responsible for Phone Michigan code assignment. When Phone Michigan obtains its own SPC, Phone Michigan shall be responsible for code assignments and shall be responsible for notifying GTE and other CCS/SS7 network providers of such assignments.
SPC. If the SPC is established pursuant to Section 9(j), it shall be a corporation duly organized and validly existing under the laws of the State of Delaware and shall have all requisite power to hold the assets transferred to it by Sellers. The shares of the SPC transferred to Buyer on the Closing Date shall constitute all outstanding shares of the capital stock of the SPC and all such shares shall be duly issued, fully paid and non-assessable.
