Common use of Special Purpose Funding Vehicles Clause in Contracts

Special Purpose Funding Vehicles. (i) Notwithstanding anything to the contrary contained herein, any Lender (a "Designating Lender") may grant to one or more special purpose funding vehicles (each, an "SPV"), identified as such in writing from time to time by the Designating Lender to the Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Designating Lender would otherwise be obligated to make to the Borrower pursuant to this Agreement, provided that (A) nothing herein shall constitute a commitment by any SPV to make any Loan, (B) if any SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Designating Lender shall be obligated to make such Loan pursuant to the terms hereof, (C) the Designating Lender shall remain liable for any indemnity or other payment obligation with respect to its Commitments hereunder and (D) the Borrower shall not incur any additional costs or expenses as a result of any such grant by a Designated Lender to an SPV. The making of a Loan by an SPV hereunder shall utilize the relevant Commitment of the Designating Lender to the same extent, and as if, such Loan were made by such Designating Lender.

Appears in 3 contracts

Samples: Credit Agreement (Tecumseh Products Co), Bridge Credit Agreement (Tecumseh Products Co), Year Credit Agreement (Tecumseh Products Co)

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Special Purpose Funding Vehicles. (i) Notwithstanding anything to the contrary contained herein, any Lender (a "Designating Lender") may grant to one or more special purpose funding vehicles (each, an "SPV"), identified as such in writing from time to time by the Designating Lender to the Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Designating Lender would otherwise be obligated to make to the Table of Contents Borrower pursuant to this Agreement, provided that (A) nothing herein shall constitute a commitment by any SPV to make any Loan, (B) if any SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Designating Lender shall be obligated to make such Loan pursuant to the terms hereof, (C) the Designating Lender shall remain liable for any indemnity or other payment obligation with respect to its Commitments hereunder and (D) the Borrower shall not incur any additional costs or expenses as a result of any such grant by a Designated Lender to an SPV. The making of a Loan by an SPV hereunder shall utilize the relevant Commitment of the Designating Lender to the same extent, and as if, such Loan were made by such Designating Lender.

Appears in 1 contract

Samples: Bridge Loan Agreement (Cintas Corp)

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Special Purpose Funding Vehicles. (i) Notwithstanding anything to the contrary contained herein, any Lender (a "Designating “Granting Lender") may may, at its sole cost and expense not to be passed on to Borrower, grant to one or more a special purpose funding vehicles vehicle (each, an "SPV"a “SPC”), identified as such in writing from time to time by the Designating Granting Lender to the Administrative Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Designating Granting Lender would otherwise be obligated to make to the Borrower pursuant to this Agreement, ; provided that (Ax) nothing herein shall constitute a commitment by any SPV SPC to make any Loan, Loans and (By) if any SPV an SPC elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Designating Granting Lender shall be obligated to make such Loan pursuant to the terms hereof, (C) the Designating Lender shall remain liable for any indemnity or other payment obligation with respect to its Commitments hereunder and (D) the Borrower shall not incur any additional costs or expenses as a result of any such grant by a Designated Lender to an SPV. The making of a Loan by an SPV SPC hereunder shall utilize the relevant Commitment of the Designating Granting Lender to the same extent, and as if, such Loan were made by such Designating Granting Lender.. Each party hereto hereby agrees that 115

Appears in 1 contract

Samples: Assignment Agreement (TRC Companies Inc /De/)

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