Common use of Special Purpose Funding Vehicles Clause in Contracts

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPC”) the option to fund all or any part of any Advance that such Granting Lender would otherwise be obligated to 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. The funding of an Advance by an SPC hereunder shall utilize the 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPC”) the option to fund all or any part of any Advance that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided 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. The funding of an Advance by an SPC hereunder shall utilize the 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided 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. The funding of an Advance by an SPC hereunder shall utilize the 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the -------------------------------- contrary contained herein, any Lender (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by an any SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by an any SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPC”) the option to fund all or any part of any Advance that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided 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. The funding of an Advance by an SPC hereunder shall utilize the 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to -------------------------------- the contrary contained herein, any Lender (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided -------- that (i) nothing herein shall constitute a commitment by an any SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything -------------------------------- to the contrary contained herein, any Lender (a “"Granting Lender”") may grant to -------- ------ a special purpose funding vehicle (an “"SPC”") the option to fund all or any part --- of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that (i) nothing herein shall constitute a -------- commitment by an any SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose Loan is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle of such Granting Lender identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Parent (an “SPC”) the option to fund provide all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund make pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by an any SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund make all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund make such Advance Loan pursuant to the terms hereof. The funding of an Advance by an SPC hereunder shall utilize the Commitment of the Granting Lender hereof or, if it fails to do so, to make such payment to the same extent, and Administrative Agent as if, such Advance were funded by such Granting Lenderis required under Section 2.13(b)(ii). 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 SPC shall be liable for any indemnity or similar payment obligation under this Agreement for which a Lender would otherwise be liable for so long asliable, and to the extent, (iii) the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to shall for all purposes, including the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider approval of any surety amendment, waiver or guarantee to such SPC.other modification of any provision of any Loan Document, remain the lender of record

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that the (i) nothing herein shall constitute a commitment by an SPC to -------- fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its tits funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose outstanding Loans is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that the (i) nothing herein shall constitute a commitment by -------- an SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose outstanding Loans is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that the (i) nothing herein shall constitute a -------- commitment by an SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose outstanding Loans is being funded by an SPC at the time of such amendment.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (an “SPC”) the option to fund all or any part of any Advance that such Granting Lender would otherwise be obligated to 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. The funding of an Advance by an SPC hereunder shall utilize the 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the 43 contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its funding of Advances to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC.

Special Purpose Funding Vehicles. (a) Notwithstanding anything to the contrary contained herein, any Lender Lender, (a “"Granting Lender”") may grant to a special purpose funding vehicle (an “"SPC”") the option to fund all or any part of any Advance Loan that such Granting Lender would otherwise be obligated to fund pursuant to this Agreement; provided that the (i) nothing herein shall constitute a commitment by an SPC to fund any AdvanceLoan, and (ii) if an SPC elects not to exercise such option or otherwise fails to fund all or any part of such AdvanceLoan, the Granting Lender shall be obligated to fund such Advance Loan pursuant to the terms hereof. The funding of an Advance a Loan by an SPC hereunder shall utilize the Revolving Credit Commitment of the Granting Lender to the same extent, and as if, such Advance 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 would otherwise be liable for so long as, and to the extent, the Granting Lender provides such indemnity or makes such payment. Notwithstanding anything to the contrary contained in this Agreement, any SPC may disclose on a confidential basis any non-public information relating to its tits funding of Advances Loans to any rating agency, commercial paper dealer or provider of any surety or guarantee to such SPC. This Section may not be amended without the prior written consent of each Granting Lender, all or any part of whose outstanding Loans is being funded by an SPC at the time of such amendment.