Payments Pro Rata Treatment Sharing of Set Offs. Section 4.1. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 32 Section 4.2. Presumption of Payment by the Borrower 33 Section 4.3. Certain Deductions by the Administrative Agent 33
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 43 Section 4.02 Presumption of Payment by the Borrower 44 Section 4.03 Certain Deductions by the Administrative Agent 44 Section 4.04 Disposition of Proceeds 44
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 30 Section 4.02 Presumption of Payment by the Borrower 31 Section 4.03 Certain Deductions by the Administrative Agent 31 Section 4.04 Disposition of Proceeds 32 ARTICLE V INCREASED COSTS; BREAK FUNDING PAYMENTS; TAXES; ILLEGALITY Section 5.01 Increased Costs 32 Section 5.02 Break Funding Payments 33 Section 5.03 Taxes 34 Section 5.04 Mitigation Obligations 35 Section 5.05 Illegality 36
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 51 Section 4.02 Presumption of Payment by the Borrower 53 Section 4.03 Certain Deductions by the Administrative Agent 53 Increased Costs; Break Funding Payments; Taxes Section 5.01 Increased Costs 53 Section 5.02 Break Funding Payments 54 Section 5.03 Taxes 55 Section 5.04 Mitigation Obligations; Replacement of Lenders 58 Section 5.05 Illegality 59 ARTICLE VI
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 33 Section 4.02 Presumption of Payment by the Borrower 34 Section 4.03 Certain Deductions by the Administrative Agent 34 Section 4.04 Disposition of Proceeds 34 ARTICLE V INCREASED COSTS; BREAK FUNDING PAYMENTS; TAXES; ILLEGALITY Section 5.01 Increased Costs 34 Section 5.02 Break Funding Payments 35 Section 5.03 Taxes. 36 Section 5.04 Mitigation Obligations; Replacement of Lenders 36 Section 5.05 Illegality 37 ARTICLE VI CONDITIONS PRECEDENT Section 6.01 Effective Date 37 Section 6.02 Each Credit Event 41 i ARTICLE VII REPRESENTATIONS AND WARRANTIES Section 7.01 Organization; Powers 42 Section 7.02 Authority; Enforceability 42 Section 7.03 Approvals; No Conflicts 42 Section 7.04 Financial Condition; No Material Adverse Change 42 Section 7.05 Litigation 43 Section 7.06 Environmental Matters 43 Section 7.07 Compliance with the Laws and Agreements; No Defaults 44 Section 7.08 Investment Company Act 45 Section 7.09 Public Utility Holding Company Act 45 Section 7.10 Taxes 45 Section 7.11 ERISA 45 Section 7.12 Disclosure; No Material Misstatements 46 Section 7.13 Insurance 46 Section 7.14 Restriction on Liens 46 Section 7.15 Subsidiaries 46 Section 7.16 Location of Business and Offices 47 Section 7.17 Properties; Titles, Etc 47 Section 7.18 Maintenance of Properties 48 Section 7.19 Gas Imbalances, Prepayments 48 Section 7.20 Marketing of Production 48 Section 7.21 Swap Agreements 48 Section 7.22 Use of Loans and Letters of Credit 49 Section 7.23 Solvency 49 Section 7.24 Specified Senior Indebtedness 49 Section 7.25 Mergers 49 ARTICLE VIII AFFIRMATIVE COVENANTS Section 8.01 Financial Statements; Ratings Change; Other Information 49 Section 8.02 Notices of Material Events 52 Section 8.03 Existence; Conduct of Business 52 Section 8.04 Payment of Obligations 52 Section 8.05 Performance of Obligations under Loan Documents 53 Section 8.06 Operation and Maintenance of Properties 53 Section 8.07 Insurance 53 Section 8.08 Books and Records; Inspection Rights 54 Section 8.09 Compliance with Laws 54 Section 8.10 Environmental Matters 54 Section 8.11 Further Assurances 55 Section 8.12 Reserve Reports 55 Section 8.13 Title Information 56 Section 8.14 Additional Collateral; Additional Guarantors 57 Section 8.15 ERISA Compliance 58 Section 8.16 Swap Agreements 58 Section 8.17 Unrestricted Subsidiaries 58 Section 8.18 Marketing Activities 58 ii ARTICLE IX NEGATIVE COVENANTS Section 9.01 Financial Covenants...
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs .............................57 Section 4.02 Presumption of Payment by the Borrower .............................................................58 Section 4.03 Certain Deductions by the Administrative Agent ..................................................58 Section 4.04 Disposition of Proceeds .........................................................................................59 i
Payments Pro Rata Treatment Sharing of Set Offs. (i) Each Second Lien Term Lender hereby irrevocably waives (and hereby gives notice to the Administrative Agent with respect to such waiver) any rights of payment or participation under Section 2.18(b) or (c) of the Credit Agreement with respect to (i) any proceeds of Common Collateral resulting from the sale, collection or other disposition of Common Collateral as a result of or in connection with an Enforcement Action except to the extent that the Second Priority Obligations (as defined in the Intercreditor Agreement) are entitled to such proceeds under the Intercreditor Agreement, (ii) any payment, prepayment or repurchase of the Term B Loans made by the Borrower prior to the First Priority Obligations Payment Date or (iii) the exercise of any right, including set-off or counterclaim, referred to in Section 2.18(c) by any First Lien Lender (in its capacity as such).
Payments Pro Rata Treatment Sharing of Set Offs. SECTION 4.01. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 62 SECTION 4.02. Presumption of Payment by the Borrower 63 SECTION 4.03. [Reserved] 63 SECTION 4.04. Disposition of Proceeds 64 ARTICLE V Reserve Requirements; Change in Circumstances; Indemnity; Taxes; Illegality SECTION 5.01. Reserve Requirements; Change in Circumstances 64 SECTION 5.02. Indemnity 65 SECTION 5.03. Taxes 65 SECTION 5.04. Mitigation Obligations; Replacement of Lenders 68 SECTION 5.05. Change in Legality 69 ARTICLE VI [Reserved]
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs................31 Presumption of Payment by the Borrower.....................................32
