Anything in this [Section 9.2] to the contrary notwithstanding, if any Conduit Investor enters into agreements for the acquisition of interests in receivables from one or more Other SPVs, such Conduit Investor shall allocate the liability for any amounts under this [Section 9.2] which are in connection with a Program Support Agreement or the credit or liquidity support provided by a Program Support Provider (“Additional Costs”) to the SPV and each Other SPV; provided, however, that if such Additional Costs are attributable to the SPV, any Originator or the Master Servicer and not attributable to any Other SPV, the SPV shall be solely liable for such Additional Costs or if such Additional Costs are attributable to Other SPVs and not attributable to the SPV, any Originator or the Master Servicer, such Other SPVs shall be solely liable for such Additional Costs.
This [Section 9.3] will not apply to any Tax claims, which are governed by [Section 6.13(d)].
This [Section 9.05] shall not apply to Taxes other than any Taxes that represent Liabilities arising from any non-Tax claim.
This [Section 9.03] shall survive any termination of this Agreement, the termination or assignment of the Commitments and the repayment of all outstanding Loans.
Anything in this [Section 8.07] to the contrary notwithstanding, the Bank may assign and pledge all or any portion of the Loan, any Letter of Credit Advance and/or obligations owing to it to any Federal Reserve Bank or the United States Treasury as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and Operating Circular issued by such Federal Reserve Bank, provided that any payment in respect of such assigned Loan, Letter of Credit Advance and/or obligations made by the Borrower to the assigning and/or pledging Bank in accordance with the terms of this Agreement shall satisfy the Borrower’s obligations hereunder in respect of such assigned Loan, Letter of Credit Advance and/or obligations to the extent of such payment. No such assignment shall release the assigning and/or pledging Bank from its obligations hereunder.
Anything in this [Section 2.3(e)] to the contrary notwithstanding, in the event that a Lender is a Defaulting Lender, Agent shall be entitled to refrain from remitting settlement amounts to the Defaulting Lender and, instead, shall be entitled to elect to implement the provisions set forth in [Section 2.3(g)].
Anything in this [Section 14.1] to the contrary notwithstanding, # any amendment, modification, elimination, waiver, consent, termination, or release of, or with respect to, any provision of this Agreement or any other Loan Document that relates only to the relationship of the Lender Group among themselves, and that does not affect the rights or obligations of Parent or Borrower, shall not require consent by or the agreement of any Loan Party, and # any amendment, waiver, modification, elimination, or consent of or with respect to any provision of this Agreement or any other Loan Document may be entered into without the consent of, or over the objection of, any Defaulting Lender other than any of the matters governed by [Section 14.1(a)(i) through (iii)] that affect such Lender.
[Section 9.2(a)(iii)] of the Equity Definitions is hereby amended by deleting the words “the Excess Dividend Amount, if any, and”.
[Section 9.1(c)(iii)] of the Credit Agreement shall be amended and restated to read in its entirety as follows:
[Section 9.11(a)] of the Credit Agreement is hereby amended to # delete the following language: “(other than with respect to clause (D) below)”, # insert the following language immediately prior to clause (C) therein: “ and” and # delete clause (D) in its entirety.
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