Revolving Credit and Term Loans. Section 2 of the Loan Agreement is ------------------------------- hereby deleted in its entirety and replaced with the following:
Revolving Credit and Term Loans. The Borrowers will use the proceeds of the Revolving Credit Loans and Term Loans hereunder solely to (i) refinance, within the applicable availability period, the loans outstanding under the Existing Credit Agreements, (ii) repay Affiliate Subordinated Indebtedness and make other Restricted Payments, (iii) pay Management Fees, (iv) make Investments permitted under Section 8.08 hereof, (v) finance capital expenditures, repay Indebtedness (including other Loans hereunder) and meet working capital needs of the Borrowers and their Subsidiaries and acquisitions permitted hereunder and (vi) pay fees and expenses related to any of the foregoing (in each case in compliance with all applicable legal and regulatory requirements); provided that (x) any borrowing of Revolving Credit Loans hereunder that would constitute a utilization of any Reserved Commitment Amount shall be applied solely to make Acquisitions, or to make prepayments of Loans under Section 2.10(d) hereof and (y) neither the Administrative Agent nor any Lender shall have any responsibility as to the use of any of such proceeds. Credit Agreement
Revolving Credit and Term Loans. Any Borrower shall give written or telephonic notice to the Agent (which notice shall be irrevocable once given and, if given by telephone, shall be promptly confirmed in writing) by no later than 11:00 a.m. (Chicago time) on the date such Borrower requests that any Borrowing of Loans be made to it under the Revolving Credit Commitments or Term Credit Commitments, and the Agent shall promptly notify each Lender of the Agent's receipt of each such notice. Each such notice shall specify the date of the Borrowing of Loans requested (which must be a Business Day), the Borrower making such Borrowing, the type of Loan being requested, and the amount of such Borrowing. Each such Borrowing of Loans shall initially constitute part of the Domestic Rate Portion except to the extent such Borrower has otherwise timely elected that such Borrowing, or any part thereof, constitute part of a LIBOR Portion as provided in Section 2 hereof. Not later than 1:00 p.m. (Chicago time) on the date specified for any Borrowing of Loans to be made hereunder, each Lender shall make the proceeds of its Loan comprising part of such Borrowing available to the Agent in Chicago, Illinois in immediately available funds. Subject to the provisions of Section 6 hereof, the proceeds of each Borrowing of Loans shall be made available to the relevant Borrower at the principal office of the Agent in Chicago, Illinois, in immediately available funds, upon receipt by the Agent from each Lender of its Percentage of such Borrowing.
Revolving Credit and Term Loans. The proceeds of the Loans hereunder (after giving effect to the extension and renewal of Indebtedness outstanding under the Existing Credit Agreement as contemplated by Section 2.01(f)) will be used for general corporate purposes including capital expenditures, the payment of interest and fees hereunder, working capital, investments, acquisitions and refinancing of Indebtedness of the Restricted Companies (including Indebtedness under the Public Notes maturing in 2003, 2004 and 2005), in each case in compliance with the applicable provisions of the Public Note Indentures and of this Agreement. CREDIT AGREEMENT
Revolving Credit and Term Loans
