Common use of Certain Transitional Matters Clause in Contracts

Certain Transitional Matters. The Borrower confirms that all Interest Periods in respect of Revolving Loans outstanding on the date hereof are scheduled to expire on November 4, 1999 (the "Transition Date"). On the Transition Date, the amount of Revolving Loans then outstanding and held by each Bank shall be adjusted to reflect the changes in the Banks' Pro Rata Shares of the Revolving Loans, subject to Section 5.02 of the Credit Agreement. Each Bank having Revolving Loans then outstanding and whose Pro Rata Share in respect of Revolving Loans has been decreased on the Effective Date as a result of the amendments contemplated hereby shall be deemed to have assigned on the Transition Date, without recourse, to each Bank increasing its Revolving Commitment on the Effective Date (each such Bank, an "Increasing Bank") such portion of such Revolving Loans as shall be necessary to effectuate such adjustment. Each such Bank increasing its Revolving Commitment on the Effective Date shall (i) be deemed to have assumed such portion of such Revolving Loans and (ii) fund on the Transition Date such assumed amounts to the Agent for the account of the assigning Bank in accordance with the provisions hereof in the amount notified to such Increasing Bank by the Agent. At the request of any Bank whose Revolving Commitment increases or decreases as a result of the amendments contemplated hereby, the Borrower shall promptly provide a replacement Revolving Note to each such requesting Bank reflecting such Bank's new Revolving Commitment. Each such Bank requesting a replacement Revolving Note shall, upon its receipt of such replacement Revolving Note, return its existing Revolving Note, if any, to the Agent for cancellation.

Certain Transitional Matters. The Borrower confirms that all Interest Periods in respect of Revolving Loans outstanding on the date hereof are scheduled to expire on November 4, 1999 (the "Transition Date"). On the Transition Closing Date, the amount of "Revolving Loans Loans" then outstanding under and as defined in the Existing Credit Agreement and held by each Bank "Bank" under and as defined in the Existing Credit Agreement shall be adjusted to reflect the changes in the Banks' Revolving Commitments and Pro Rata Shares of the Revolving Loansunder this Agreement as set forth in Schedule 1, subject to Section 5.02 of the Credit Agreement5.02. Each Bank "Bank" having "Revolving Loans Loans" then outstanding and whose "Pro Rata Share Share" under and as defined in respect of Revolving Loans the Existing Credit Agreement has been decreased on the Effective Closing Date as a result of the amendments contemplated hereby this Agreement shall be deemed to have assigned on the Transition Closing Date, without recourse, to each Bank "Bank" increasing its "Revolving Commitment on Commitment" under and as defined in the Effective Date (each such Bank, an "Increasing Bank") Existing Credit Agreement such portion of such "Revolving Loans Loans" as shall be necessary to effectuate such adjustment. Each such Bank increasing its "Revolving Commitment Commitment" on the Effective Closing Date as a result of this Agreement shall (i) be deemed to have assumed such portion of such "Revolving Loans Loans" and (ii) fund on the Transition Closing Date such assumed amounts to the Agent for the account of the assigning Bank "Bank" in accordance with the provisions hereof in the amount notified to such Increasing Bank increasing "Bank" by the Agent. At the request of any Bank whose Revolving Commitment increases or decreases as a result of the amendments contemplated hereby, the Borrower shall promptly provide a replacement Revolving Note to each such requesting Bank reflecting such Bank's new Revolving Commitment. Each such Bank requesting a replacement Revolving Note shall, upon its receipt of such replacement Revolving Note, return its existing Revolving Note, if any, to the Agent for cancellation[SIGNATURE PAGES FOLLOW.]

Certain Transitional Matters. The Borrower confirms that all Interest Periods in respect of Revolving Loans outstanding on the date hereof are scheduled to expire on November 4, 1999 (the "Transition Date"). On the Transition Effective Date, the amount of Revolving Loans then outstanding and held by each Bank shall be adjusted to reflect the changes in the Banks' Pro Rata Proportionate Shares of the Revolving Loans, subject to Section 5.02 2.11 of the Credit Agreement. Each Bank having Revolving Loans then outstanding and whose Pro Rata Proportionate Share in respect of Revolving Loans has been decreased on the Effective Date as a result of the amendments increase in the Total Commitments and concurrent adjustment of the Commitment of each Bank contemplated hereby shall be deemed to have assigned on the Transition Effective Date, without recourse, to each Bank increasing its Revolving Commitment on the Effective Date (each such Bank, an "Increasing Bank") such portion of such Revolving Loans as shall be necessary to effectuate such adjustment. Each such Bank increasing its Revolving Commitment on the Effective Date shall (i) be deemed to have assumed such portion of such Revolving Loans and (ii) fund on the Transition Effective Date such assumed amounts to the Successor Agent for the account of the assigning Bank in accordance with the provisions hereof in the amount notified to such Increasing increasing Bank by the Successor Agent. At On or promptly after the request of any Effective Date, each Bank whose shall surrender to Successor Agent its Revolving Commitment increases or decreases as Loan Notes for replacement and Borrower, at its own expense, shall execute and deliver to the Successor Agent in exchange for the surrendered Revolving Loan Notes, a result of the amendments contemplated hereby, the Borrower shall promptly provide a replacement new Revolving Loan Note to the order of each such requesting Bank reflecting in the amount of such Bank's new Commitment after the Effective Date, dated the Effective Date and otherwise in the form of the Revolving CommitmentLoan Note replaced thereby. Each such Bank requesting a replacement The Revolving Note shall, upon its receipt of such replacement Revolving Note, return its existing Revolving Note, if any, Loan Notes surrendered by the Banks shall be returned by the Successor Agent to the Agent for cancellationBorrower marked "replaced".

Certain Transitional Matters. The Borrower confirms that all Interest Periods in respect of Revolving Loans outstanding on the date hereof are scheduled to expire on November 4, 1999 (the "Transition Date"). On the Transition Effective Date, the amount of Revolving Loans and Term Loans then outstanding and held by each Bank Lender shall be adjusted to reflect the changes in the BanksLenders' Pro Rata Shares of the Revolving Loans and Term Loans, subject to Section 5.02 3.04 of the Credit Agreement. Each Bank Lender having Revolving Loans and Term Loans then outstanding and whose Pro Rata Share in respect of Revolving Loans and Term Loans has been decreased on the Effective Date as a result of the amendments increase in the aggregate Revolving Commitments and aggregate Term Commitments contemplated hereby shall be deemed to have assigned on the Transition Effective Date, without recourse, to each Bank Lender increasing its Revolving Commitment and Term Commitment on the Effective Date (each such Bank, an "Increasing Bank") such portion of such Revolving Loans and Term Loans as shall be necessary to effectuate such adjustment. Each such Bank Lender increasing its Revolving Commitment and Term Commitment on the Effective Date shall (i) be deemed to have assumed such portion of such Revolving Loans and Term Loans and (ii) fund on the Transition Effective Date such assumed amounts to the Agent for the account of the assigning Bank Lender in accordance with the provisions hereof in the amount notified to such Increasing Bank increasing Lender by the Agent. At All amounts funded on the request Effective Date by any Lender in respect of any Bank whose Revolving its Term Commitment increases or decreases as a result shall constitute "Term Loans" under and for all purposes of the amendments Credit Agreement and the other Loan Documents. In connection with certain contemplated herebypost-closing assignments of a portion of the Term Loans of Antares Capital Corporation to Pilgrim Prime Rate Trust, Sequils Pilgrim I, Ltd. and ML CLO XX Pilgrim American (Cayman) Ltd., the Borrower shall promptly provide parties hereto agree to a replacement Revolving Note to each such requesting Bank reflecting such Bank's new Revolving Commitment. Each such Bank requesting a replacement Revolving Note shall, upon its receipt of such replacement Revolving Note, return its existing Revolving Note, if any, to the Agent for cancellation.one-time

Certain Transitional Matters. (a) The Borrower confirms that all Interest Periods increases in respect the Aggregate Commitments to $2,000,000,000 under Section 2.13 of Revolving the Credit Agreement shall be deemed effective as of the Effective Date. (b) On the Effective Date, the Lenders party to the Credit Agreement, as amended and restated hereby, shall be the Lenders listed on the signature pages hereof and any Eligible Assignees acceding to the Credit Agreement and shall have the respective Commitments in the amounts set forth in Schedule 2.01 attached hereto. Without limiting the generality of the foregoing, on the Effective Date, any Lenders party to the Credit Agreement not listed on the signature pages hereof shall cease to be parties to the Credit Agreement, and each Eligible Assignee party to a New Lender Agreement not previously party to the Credit Agreement shall be and become a party to the Credit Agreement as provided in its New Lender Agreement with a Commitment in the amount set forth therein. (c) If any Loans shall be outstanding on the date hereof Effective Date, the Borrower shall be deemed to have submitted a notice of Borrowing to any Eligible Assignees acceding to the Credit Agreement in the appropriate aggregate amount to ensure that such Loans are scheduled outstanding to expire on November 4, 1999 the existing Lenders and acceding Lenders as of the Effective Date in accordance with their Applicable Percentages as reflected in Schedule 2.01 attached hereto. (the "Transition Date"). d) On the Transition Effective Date, the amount of Revolving Loans (if any) then outstanding and held by each Bank existing Lender shall be adjusted to reflect the changes in the Banks' Pro Rata Shares such Lenders’ Applicable Percentages of the Revolving Loans, subject to Section 5.02 3.05 of the Credit Agreement. Each Bank such Lender having Revolving any Loans then outstanding and whose Pro Rata Share Applicable Percentage in respect of Revolving Loans has been decreased on the Effective Date as a result of the amendments contemplated hereby increase in the Aggregate Commitments occurring under Section 2.13 of the Credit Agreement on the Effective Date shall be deemed to have assigned on the Transition Effective Date, without recourse, to each Bank Lender increasing its Revolving Commitment and Eligible Assignees acceding to the Credit Agreement on the Effective Date (each such Bank, an "Increasing Bank") such portion of such Revolving Loans as shall be necessary to effectuate such adjustment. Each such Bank increasing its Revolving Commitment Lender or acceding Lender on the Effective Date shall (i) be deemed to have assumed such portion of such Revolving Loans and (ii) fund on the Transition Effective Date such assumed amounts to the Administrative Agent for the account of the assigning Bank in accordance with the provisions hereof Lender in the amount notified to such Increasing Bank increasing Lender by the Administrative Agent. At . (e) On the request of Effective Date any Bank whose Revolving Commitment increases or decreases Eligible Assignees acceding to the Credit Agreement as a result of the amendments contemplated hereby, increases in the Aggregate Commitments to $2,000,000,000 under Section 2.13 of the Credit Agreement shall fund to the Borrower shall promptly provide a replacement Revolving Note to each such requesting Bank reflecting such Bank's new Revolving Commitment. Each such Bank requesting a replacement Revolving Note shall, upon its receipt of such replacement Revolving Note, return its existing Revolving Notetheir respective Loans, if any, as requested by the Borrower from them prior to the Agent for cancellationEffective Date.