LOANS AND LETTERS. OF CREDIT
LOANS AND LETTERS. OF CREDIT 1
LOANS AND LETTERS. OF CREDIT 2 1.1 CREDIT FACILITY 2 1.2 REVOLVING LOANS 2 1.3 LETTERS OF CREDIT 4 1.4 BANK PRODUCTS 6 ARTICLE 2 INTEREST AND FEES 7 2.1 INTEREST 7 2.2 CONTINUATION AND CONVERSION ELECTIONS 7 2.3 MAXIMUM INTEREST RATE 8 2.4 ARRANGEMENT, CLOSING AND ADMINISTRATIVE FEES 8 2.5 UNUSED LINE FEE 9 2.6 LETTER OF CREDIT FEES 9 ARTICLE 3 PAYMENTS AND PREPAYMENTS 9 3.1 REVOLVING LOANS 9 3.2 TERMINATION OF FACILITY 9 3.3 LIBOR LOAN PREPAYMENTS 9 3.4 PAYMENTS BY THE BORROWERS 10 3.5 PAYMENTS AS REVOLVING LOANS 10 3.6 APPORTIONMENT, APPLICATION AND REVERSAL OF PAYMENTS 10 3.7 INDEMNITY FOR RETURNED PAYMENTS 10 3.8 AGENT’S AND LENDERS’ BOOKS AND RECORDS; MONTHLY STATEMENTS 11 3.9 BORROWERS’ AGENT 11 3.10 JOINT AND SEVERAL LIABILITY 11 3.11 OBLIGATIONS ABSOLUTE 12 3.12 WAIVER OF SURETYSHIP DEFENSES 12 3.13 CONTRIBUTION AND INDEMNIFICATION AMONG THE BORROWERS 12 ARTICLE 4 TAXES, YIELD PROTECTION AND ILLEGALITY 13 4.1 TAXES 13 4.2 ILLEGALITY 14 4.3 INCREASED COSTS AND REDUCTION OF RETURN 14 4.4 FUNDING LOSSES 14 4.5 INABILITY TO DETERMINE RATES 15 4.6 CERTIFICATES OF LENDER 15 4.7 SURVIVAL 15 4.8 ASSIGNMENT OF COMMITMENTS UNDER CERTAIN CIRCUMSTANCES 15 ARTICLE 5 BOOKS AND RECORDS; FINANCIAL INFORMATION; NOTICES 16 5.1 BOOKS AND RECORDS 16 5.2 FINANCIAL INFORMATION 16 5.3 NOTICES TO THE LENDERS 18 ARTICLE 6 GENERAL WARRANTIES AND REPRESENTATIONS 20 6.1 AUTHORIZATION, VALIDITY, AND ENFORCEABILITY OF THIS AGREEMENT AND THE LOAN DOCUMENTS 20 6.2 VALIDITY AND PRIORITY OF SECURITY INTEREST 20 6.3 ORGANIZATION AND QUALIFICATION 20 6.4 CORPORATE NAME; PRIOR TRANSACTIONS 20 6.5 SUBSIDIARIES AND AFFILIATES 20
LOANS AND LETTERS. OF CREDIT 5556 2.1 Term Loans 5556 2.2 Revolving Loans 5557 2.3 Swing Line Loans 5657 2.4 Issuance of Letters of Credit and Purchase of Participations Therein. 5859 2.5 Pro Rata Shares; Availability of Funds 6163 2.6 Use of Proceeds 6263 2.7 Evidence of Debt; Register; Lenders’ Books and Records; Notes 6264 2.8 Interest on Loans 6364 2.9 Conversion/Continuation 6466 2.10 Default Interest 6566 2.11 Fees 6567 2.12 Scheduled Payments/Commitment Reductions 6870 2.13 Voluntary Prepayments/Commitment Reductions 7071 2.14 Mandatory Prepayments 7375 2.15 Application of Prepayments 7476 2.16 General Provisions Regarding Payments 7577 2.17 Ratable Sharing 7678 2.18 Making or Maintaining Eurodollar Rate Loans 7779 2.19 Increased Costs; Capital Adequacy 7880 2.20 Taxes; Withholding, etc. 7981 2.21 Obligation to Mitigate 8183 2.22 Defaulting Lenders 8183 2.23 Removal or Replacement of a Lender 8284 2.24 Interest Act (Canada) 8385 2.25 Incremental Facilities 8385 2.26 Extensions of Loans and Commitments 8587 SECTION 3. CONDITIONS PRECEDENT 8890 3.1 Third Restatement Date 8890 3.2 Prior Credit Dates 9092 3.3 Conditions to Each Credit Extension 9092 SECTION 4.
LOANS AND LETTERS. OF CREDIT 7475 2.1. Term Loans 7475 2.2. Revolving Loans 7576
LOANS AND LETTERS. OF CREDIT 1 1.1 Total Facility 1 1.2 Revolving Loans 1 1.3 Letters of Credit 4 1.4 Bank Products 8 ARTICLE 2. INTEREST AND FEES 9 2.1 Interest 9 2.2 Continuation and Conversion Elections 9 2.3 Maximum Interest Rate 10 2.4 Closing Fee 11 2.5 Unused Line Fee 11 2.6 Letter of Credit Fee 11 ARTICLE 3. PAYMENTS AND PREPAYMENTS 11 3.1 Revolving Loans 11 3.2 Full or Partial Termination of Facility 12 3.3 Prepayments of the Loans 12 3.4 LIBOR Rate Loan Prepayments 12 3.5 Payments by the Borrowers 13 3.6 Payments as Revolving Loans 13 3.7 Apportionment, Application and Reversal of Payments 13 3.8 Indemnity for Returned Payments 14 3.9 Agent’s and Lenders’ Books and Records; Monthly Statements 14 ARTICLE 4. TAXES, YIELD PROTECTION AND ILLEGALITY 14 4.1 Taxes 14 4.2 Illegality 16 4.3 Increased Costs; Capital Adequacy 17 4.4 Funding Losses 18 4.5 Inability to Determine Rates 18 4.6 Certificates of the Agent 18 4.7 Delay in Requests 18 4.8 Mitigation 18 4.9 Replacement of Lenders 19 4.10 Survival 19
LOANS AND LETTERS. OF CREDIT 1 1.1 Amount of Loans / Letters of Credit 1
LOANS AND LETTERS. OF CREDIT 2.1 Total Facility...........................................................23 2.2 Revolving Loans..........................................................23 2.3
LOANS AND LETTERS. OF CREDIT 2.1 Revolving Loans 75 2.2 Revolving Loan Administration 76 2.3 Swingline Loans 79 2.4 Letters of Credit 81 2.5 Incremental Facility 84 2.6 Extension Amendments 86 2.7 Refinancing Amendments 89 2.8 [Intentionally Omitted] 93 2.9
LOANS AND LETTERS. OF CREDITSection 2
