Common use of INTRODUCTORY STATEMENT Clause in Contracts

INTRODUCTORY STATEMENT. On November 15, 2001, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors (including, to the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto). To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15January 22, 20012002, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,0002,000,000,000, all of the Borrower's ’s obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors (including, to and for the extent permitted under other purposes described in Section 6.10, for loans and advances to Subsidiaries not party hereto)3.09. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, but subject to the “provided” clause of the last sentence of Section 2.23(a), the Obligations of the Borrower to any Bank (or any of their respective Bank Affiliates) under Section 6.03(vi6.03(vii)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15June 22, 20012000, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,00050,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors consistent with the Budget hereinafter referred to (including, to the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto)including periodic updates thereof. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi6.03(vii)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15May 11, 20012002, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks Lenders for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,000125,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors (including, but only to the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto). To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under and the Guarantors to JPMorgan Chase and its banking Affiliates permitted by Section 6.03(vi)), the Borrower and the Guarantors will provide to the Agent and the Banks Lenders the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15December 27, 20011996, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business businesses pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,000100,000,000 (subject to mandatory and optional reductions in accordance with Sections 2.9 and 2.12), all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for provide working capital for the Borrower and the Guarantors, and for other general corporate purposes of the Borrower and the Guarantors (including, to including for the extent making of permitted under Section 6.10, for intercompany loans and advances to Subsidiaries not party hereto)and for Capital Expenditures. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi)Documents, the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15January 6, 20011998, the Borrower and the Guarantors filed a voluntary petitions petition with the Bankruptcy Court initiating the Cases and have Case. The Borrower has continued in the possession of their its assets and in the management of their business its businesses pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,00075,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for provide working capital for, and for other general corporate purposes of of, the Borrower and the Guarantors (including, to the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto)Borrower. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations Obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi6.03(iv)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15January 22, 20012002, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,0002,000,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors (including, to and for the extent permitted under other purposes described in Section 6.10, for loans and advances to Subsidiaries not party hereto)3.09. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, but subject to the "provided" clause of the last sentence of Section 2.23(a), the Obligations of the Borrower to any Bank (or any of their respective Bank Affiliates) under Section 6.03(vi6.03(vii)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15June 22, 20012000, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,000250,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors consistent with the Budget hereinafter referred to (including, including periodic updates thereof) and (ii) to repay the extent permitted obligations of the Borrower and the Guarantors under Section 6.10, for loans and advances to Subsidiaries not party hereto)the Tranche II Revolver under the Existing Credit Agreement. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi6.03(viii)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15October 14, 20011999, the Borrower and the Guarantors Borrowers filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their respective assets and in the management of their business respective businesses pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to Borrowers have requested that the Banks for Lenders provide a revolving credit and letter of credit guaranty facility in an aggregate principal amount not to exceed $190,000,000, all of the Borrower's obligations under which are 200,000,000 (subject to be guaranteed by the Guarantorsmandatory and optional reductions in accordance with Sections 2.10 and 2.13). The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for provide working capital for, to finance Inventory purchases by, and for other general corporate purposes of, the Borrowers that are consistent with the restrictions in Section 2.01(d) and Section 5.09, and the Letter of Credit Guaranties will be issued to assist the Borrowers in obtaining Letters of Credit for general corporate purposes of the Borrower and Borrowers that are consistent with the Guarantors (including, to restrictions in Section 5.09 other than the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto)purchase of Inventory by the Borrowers. To provide guarantees and security for the repayment of the Loans, including Loans that arise as the reimbursement result of any draft drawn payments under a the Letter of Credit Guaranties, and the payment of the other obligations of the Borrower and the Guarantors Borrowers hereunder and under the other Loan Documents (including, without limitationDocuments, the Obligations of the Borrower under Section 6.03(vi), the Borrower and the Guarantors Borrowers will provide to the Agent Agents and the Banks Lenders the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15July 14, 20011997, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business businesses pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,00050,000,000 (subject to mandatory and optional reductions in accordance with Sections 2.10 and 2.13), all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for provide working capital and for other general corporate purposes of of, the Borrower and the Guarantors (including, to including for the extent making of permitted under Section 6.10, for intercompany loans and advances to Subsidiaries not party heretothe Guarantors and for Capital Expenditures), the payment of expenses included in the Carve-Out and the making of certain indemnification payments. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations Obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi)Documents, the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):

INTRODUCTORY STATEMENT. On November 15February 2, 20011998, the Borrower and the Guarantors filed voluntary petitions with the Bankruptcy Court initiating the Cases and have continued in the possession of their assets and in the management of their business pursuant to Sections 1107 and 1108 of the Bankruptcy Code. The Borrower has applied to the Banks for a revolving credit and letter of credit facility in an aggregate principal amount not to exceed $190,000,000200,000,000, all of the Borrower's obligations under which are to be guaranteed by the Guarantors. The proceeds of the Loans will be used (i) to repurchase the Existing Receivables Portfolio and (ii) for working capital and other general corporate purposes of the Borrower and the Guarantors (including, to the extent permitted under Section 6.10, for loans and advances to Subsidiaries not party hereto)Guarantors. To provide guarantees and security for the repayment of the Loans, the reimbursement of any draft drawn under a Letter of Credit and the payment of the other obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents (including, without limitation, the Obligations of the Borrower under Section 6.03(vi)), the Borrower and the Guarantors will provide to the Agent and the Banks the following (each as more fully described herein):