Existing FIUI Credit Agreement; Effectiveness of this Agreement Sample Clauses

Existing FIUI Credit Agreement; Effectiveness of this Agreement. Until this Agreement becomes effective in accordance with the terms hereof, the Existing FIUI Credit Agreement shall remain in full force and effect and shall not be affected hereby. After the Effective Date, all obligations of Borrower under the Existing FIUI Credit Agreement shall become obligations of Borrower hereunder, secured by the Security Documents, and the provisions of the Existing FIUI Credit Agreement shall be superseded by the provisions hereof. [The first signature page follows.] AMENDED AND RESTATED FIUI CREDIT AGREEMENT IN WITNESS WHEREOF, Borrower, Agent, Syndication Agent, Senior Managing Agents, Managing Agents, Co-Documentation Agents, Issuing Bank and Lenders have caused this Agreement to be executed as of the day and year first above written. BORROWER: FLEXTRONICS INTERNATIONAL USA, INC., By: Name: Title: AGENT: ABN AMRO BANK N.V., As Agent By: Name: Title: By: Name: Title: AMENDED AND RESTATED FIUI CREDIT AGREEMENT Name of Institution: by: Name: Title: by: Name: Title: EXHIBIT A NOTICE OF BORROWING [Date] ABN AMRO Bank N.V. as Agent [ ]
Sample 1
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Existing FIUI Credit Agreement; Effectiveness of this Agreement. Until this Agreement becomes effective in accordance with the terms hereof, the Existing FIUI Credit Agreement shall remain in full force and effect and shall not be affected hereby. After the Effective Date, all obligations of Borrower under the Existing FIUI Credit Agreement shall become obligations of Borrower hereunder, secured by the Security Documents, and the provisions of the Existing FIUI Credit Agreement shall be superseded by the provisions hereof. [The first signature page follows.] AMENDED AND RESTATED FIUI CREDIT AGREEMENT IN WITNESS WHEREOF, Borrower, Agent, Syndication Agent, Senior Managing Agents, Managing Agents, Co-Documentation Agents, Issuing Bank and Lenders have caused this Agreement to be executed as of the day and year first above written. BORROWER: FLEXTRONICS INTERNATIONAL USA, INC., By: Name: Title: AGENT: ABN AMRO BANK N.V., As Agent By: Name: Title: By: Name: Title: AMENDED AND RESTATED FIUI CREDIT AGREEMENT Name of Institution: by: Name: Title: by: Name: Title: SCHEDULE II PRICING GRID FIL’S SENIOR DEBT RATING PRICING LEVEL APPLICABLE MARGIN FOR BASE RATE BORROWINGS APPLICABLE MARGIN FOR LIBOR RATE BORROWINGS AND LC USAGE FEE UTILIZATION FEE COMMITMENT FEE PERCENTAGE > BBB / Baa2 1 0 % 0.625 % 0.125 % 0.125 % BBB- / Baa3 2 0 % 0.750 % 0.125 % 0.150 % BB+ / Ba1 3 0 % 0.875 % 0.125 % 0.175 % < BB / Ba2 4 0.125 % 1.125 % 0.250 % 0.250 % EXPLANATION The Applicable Margin with respect to the LIBOR Rate Loans, the LC Usage Fee (as applicable) and the Commitment Fee Percentage will be determined based on FIL’s Senior Debt Rating assigned by S&P and Xxxxx’x as follows:
Sample 1

Related to Existing FIUI Credit Agreement; Effectiveness of this Agreement

  • Effectiveness of this Agreement This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.

  • Effectiveness of this Amendment The following shall have occurred before this Amendment is effective:

  • ASSIGNMENT TERMINATES THIS AGREEMENT; AMENDMENTS OF THIS AGREEMENT This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment or in the event that the Investment Management Agreement between the Manager and the Fund shall have terminated for any reason; and this Agreement shall not be amended unless such amendment is approved at a meeting by the affirmative vote of a majority of the outstanding shares of the Fund, and by the vote, cast in person at a meeting called for the purpose of voting on such approval, of a majority of the Trustees of the Fund who are not interested persons of the Fund or of the Manager or the Portfolio Manager.

  • Effectiveness; Continuing Nature of this Agreement; Severability This Agreement shall become effective when executed and delivered by the parties hereto. This is a continuing agreement of Lien subordination and each of the First Lien Claimholders and the Second Lien Claimholders may continue, at any time and without notice to any Second Lien Collateral Agent or any other Second Lien Claimholder or any First Lien Collateral Agent or any other First Lien Claimholder, to extend credit and other financial accommodations and lend monies to or for the benefit of any Obligor constituting First Lien Obligations or Second Lien Obligations in reliance hereon. Each Second Lien Collateral Agent, on behalf of itself and its Related Second Lien Claimholders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. Each First Lien Collateral Agent, on behalf of itself and its Related First Lien Claimholders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. All references to any Obligor shall include such Obligor as debtor and debtor-in-possession and any receiver, trustee or similar Person for any Obligor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:

  • Effectiveness and Term of this Agreement 12.1 This Agreement shall come into effect upon the satisfaction of all of the following conditions:

  • Conditions of Effectiveness of this Amendment This Amendment shall become effective on the date when the following conditions shall have been satisfied or waived (such date, the “First Amendment Effective Date”):

  • EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the Fund, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement.

  • Conditions Precedent to the Effectiveness of this Agreement The effectiveness of this Agreement is subject to the receipt by IBM Credit of, or waiver in writing by IBM Credit of compliance with, the following conditions precedent:

  • Conditions to Effectiveness of this Agreement The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:

  • Termination and Amendment of this Agreement This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

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