Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.2 hereof, all loans outstanding under the Prior Credit Agreement shall remain outstanding as the initial Borrowing of Loans under this Agreement and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding Eurodollar Loans on the Closing Date and shall pay to each Lender who is currently a party to the Prior Credit Agreement any compensation due such Lender under Section 1.11 of the Prior Credit Agreement as a result thereof (to the extent invoiced prior to the Closing Date and if not waived under the Prior Credit Agreement by any Lender in writing delivered to the Administrative Agent prior to the Closing Date). On the Closing Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant Percentage of outstanding Loans. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith.
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.2 hereof, all loans outstanding under the Prior Credit Agreement shall remain outstanding as the initial Borrowing of Revolving Loans and Term A Loans under this Agreement and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding Eurodollar Loans on the Closing Date. On the Closing Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Revolving Loans between themselves so that each Lender is then holding its relevant Revolver Percentage of outstanding Revolving Loans. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith. The parties hereto acknowledge and agree that the minimum borrowing, pro rata borrowing, pro rata payment and funding indemnity requirements contained elsewhere in this Agreement shall not apply to the transactions effected pursuant to this Section and that any prepayment or breakage fees in connection with such transactions are hereby waived.
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.2 hereof, all loans and letters of credit outstanding under the Original Credit Agreement shall remain outstanding as the initial Borrowing of Loans and Letters of Credit under this Agreement and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding Eurodollar Loans on the Closing Date. On the Closing Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans and interests in outstanding Letters of Credit between themselves so that each Lender is then holding its relevant Revolver Percentage of outstanding Loans and L/C Obligations. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith. [SIGNATURE PAGES TO FOLLOW] This Fourth Amended and Restated Credit Agreement (including the paragraph set forth above the Lenders’ signatures hereto) is entered into between us for the uses and purposes hereinabove set forth as of the date first above written. “BORROWER” PENFORD CORPORATION By Name Title “GUARANTORS” PENFORD PRODUCTS CO. By Name Title PENFORD CAROLINA, LLC By: Penford Products Co., Sole Member of Penford Carolina, LLC By: Name: Title: CAROLINA STARCHES, LLC By: Its Sole Member, Penford Carolina, LLC By: Name: Title: Penford Corporation Signature Page to Fourth Amended and Restated Credit Agreement “LENDERS” BANK OF MONTREAL, in its individual capacity as a Lender, as L/C Issuer, and as Administrative Agent (as successor to Xxxxxx, X.X.) By Name: Title: Address: 000 Xxxx Xxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Food and Consumer Group Telecopy: Telephone: Penford Corporation Signature Page to Fourth Amended and Restated Credit Agreement COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND,” NEW YORK BRANCH By Name Title By Name Title Address: 000 Xxxxx Xxxxxx Xxxxx Suite 2100 Chicago, IL 60606 Attention: Telecopy: Telephone: Penford Corporation JPMORGAN CHASE BANK, N.A. By Name Title Address: Attention: Telecopy: ( ) Telephone: ( ) Penford Corporation Signature Page to Fourth Amended and Restated Credit Agreement KEYBANK NATIONAL ASSOCIATION By Name Title Address: Attention: Telecopy: ( ) Telephone: ( ) Penford Corporation Signature Page to Fourth Amended and Restated Credit Agreement FIRST MIDWEST BAN...
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.2 hereof, all loans outstanding under the Existing Credit Agreement shall remain outstanding as the initial Borrowing of Loans under this Agreement and, in connection therewith, the Borrowers shall be deemed to have prepaid all outstanding Eurodollar Loans on the Effective Date and shall pay to each Lender who is currently a party to the Existing Credit Agreement any compensation due such Lender under Section 1.11 of the Existing Credit Agreement as a result thereof. On the Effective Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant Percentage of outstanding Loans. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith.
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 6.1 hereof, all loans outstanding under the Existing Loan Agreement shall remain outstanding as the initial borrowing of Loans under this Agreement and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding LIBO Loans on the Restatement Date. On the Restatement Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant Percentage of outstanding Loans. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith.
Equalization of Loans and Commitments. On the Closing Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant Percentage of outstanding Loans. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith. Notwithstanding anything herein to the contrary, solely with respect to any Eurodollar Loan (as such term is used in this Section 12.28, as defined in the Existing Credit Agreement as in effect immediately prior to giving effect to the provisions of this Agreement on the date hereof) that is outstanding on the date hereof for which the current Interest Period is or was set prior to the date hereof, the Existing LIBOR Related Definitions (as defined below) and provisions in the Loan Documents with respect thereto (as in effect immediately prior to giving effect to the provisions of this Agreement on the date hereof) shall continue in effect solely for such purpose; provided that, such Eurodollar Loan shall only continue in effect as a Eurodollar Loan in accordance with its terms until the then-current Interest Period for such Eurodollar Loan has concluded (it being understood and agreed that (i) at the end of such Interest Period for any such Eurodollar Loan, the Borrower shall have the option to convert all or any portion of any such Eurodollar Loan to a SOFR Loan or a Base Rate Loan, subject to any applicable notice requirements set forth in Section 1.6(a), and (ii) if the Borrower fails to give notice within the period required by Section 1.6(a) of any such conversion of any such Eurodollar Loan before the last day of such Interest Period and has not notified the Administrative Agent within the period required by Section 1.8 that it intends to prepay such Eurodollar Loan, such Eurodollar Loan shall automatically be converted into a Borrowing of SOFR Loans with an initial Interest Period of one (1) month. As used herein, “Existing LIBOR Related Definition” means any term defined in the Existing Credit Agreement or any other Loan Document (or any partial definition thereof), in each case, as in effect immediately prior to giving effect to the provisions of this Agreement on the date hereof, however phrased, primarily relating to the determination, administration or calculation of the Adjusted LIBOR (as defin...
Equalization of Loans and Commitments. From and after the Effective Date, (a)(i) the commitments of those Lenders under the Existing Credit Agreement that are continuing as Lenders under this Agreement (the “Continuing Lenders”) shall be amended as set forth on Schedule 1 hereto and (ii) the commitments of those “Lenders” under the Existing Credit Agreement that are not continuing as Lenders under this Agreement (the “Non-Continuing Lenders”) shall automatically be terminated and cease to have any further force or effect without further action by any Person, and shall be replaced with the respective Revolving Credit Commitments of such Continuing Lenders and of those Lenders party to this Agreement that were not “Lenders” under the Existing Credit Agreement immediately prior to the Effective Date (the “New Lenders”); (b) all outstanding “Revolving Loans” of the Non-
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.1 hereof, on the Effective Date, all loans outstanding under the Original Credit Agreement shall remain outstanding as the initial Borrowing of Loans under this Agreement, and, in connection therewith, the Borrower shall be deemed to have
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.1 hereof, on the Effective Date, all loans outstanding under the Original Credit Agreement shall remain outstanding as the initial Borrowing of Loans under this Agreement, and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding Eurodollar Loans on the Effective Date and shall pay to each Lender who is currently a party to the Original Credit Agreement any compensation due such Lender under Section 2.10 of the Original Credit Agreement as a result thereof. On the Effective Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant pro rata share of outstanding Loans based on their Commitments as in effect after giving effect hereto. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith. Upon execution hereof by all the parties, this Amended and Restated Revolving Credit Agreement is dated as of the date and year first above written and shall be a contract among the parties for the purposes hereinabove set forth. World Acceptance Corporation By
Equalization of Loans and Commitments. Upon the satisfaction of the conditions precedent set forth in Section 7.1 hereof, on the Effective Date, all loans outstanding under the Original Credit Agreement shall remain outstanding as the initial Borrowing of Loans under this Agreement, and, in connection therewith, the Borrower shall be deemed to have prepaid all outstanding Loans on the Effective Date. On the Effective Date, the Lenders each agree to make such purchases and sales of interests in the outstanding Loans between themselves so that each Lender is then holding its relevant pro rata share of outstanding Loans based on their Commitments as in effect after giving effect hereto. Such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith. .....................86 Section 12.29 Recognition of the U.S. Special Resolution Regimes. ..........................86 Exhibit A — Borrowing Base Certificate Exhibit B — Compliance Certificate Exhibit C — Assignment and Acceptance Schedule 1.1 — Commitments Schedule 1.2 — Closing Fee Schedule 6.2 — Subsidiaries Schedule 6.8 — Pending Litigation Schedule 6.9 — Pending Tax Disputes Schedule 6.11 — Existing Indebtedness for Borrowed Money Schedule 8.11 — Existing Liens
