The Facilities Clause Samples

The Facilities. Subject to the terms of this Agreement, the Lenders make available to the Borrowers: (a) (other than the Company) a euro term loan facility in an aggregate amount equal to the Total Facility A Commitments; and (b) a multicurrency revolving credit facility in an aggregate amount equal to the Total Facility B Commitments, part of which may, from time to time and in an aggregate amount at any time up to the Total Ancillary Limit, be designated as Ancillary Facilities.

The Facilities. Subject to the terms of this Agreement, the Lenders make available to the Borrower: (a) a sterling term loan facility in an aggregate amount equal to the Total Facility A Commitments; and (b) a sterling term loan facility in an aggregate amount equal to the Total Facility B Commitments.

The Facilities. Subject to the terms of this Agreement, the Lenders make available to the Borrowers: (a) a multicurrency revolving loan facility with a term out option in an aggregate amount equal to the Total Facility A Commitments; (b) a multicurrency term loan facility in an aggregate amount equal to the Total Facility B Commitments; and (c) a multicurrency revolving loan facility in an aggregate amount equal to the Facility C Commitments.

The Facilities. (a) Subject to the terms of this Agreement (i) the Facility 1A Lenders make available to the Borrowers an uncommitted multicurrency borrowing base secured working capital facility by way of (subject to paragraph (b) below) Loans, Overdrafts and Rolled in Instruments (which will be treated as Letters of Credit) in an amount equal to the Facility 1A Participation of that Lender ("Facility 1A"); (ii) the Facility 1B Lender makes available to the Borrowers an uncommitted multicurrency borrowing base secured working capital facility by way of Loans, Overdrafts and Letters of Credit in an amount equal to the Facility 1B Participation of that Lender ("Facility 1B"); (iii) the Facility 2 Lender makes available to the Dutch Borrowers an uncommitted secured multicurrency pre-settlement facility in an amount equal to the Facility 2 Participation of the Facility 2 Lender ("Facility 2") which shall be available in the form of deemed or contingent obligo resulting from foreign exchange forward contracts. The deemed or contingent liability under such contracts will be determined by the Facility 2 Lender with a weighting factor to its discretion and depending on tenor and currency; (iv) the Facility 3 Lender makes available to the Borrowers an uncommitted secured commodity hedging facility in an amount equal to the Facility 3 Participation of the Facility 3 Lender ("Facility 3") which shall be available for the purposes of (i) facilitating OTC derivatives (on the basis of the 2002 Master Agreement) enabling the Borrowers to hedge their commodity price risk on coffee, cocoa and sugar (which form part of the Borrowing Base in respect of which a Utilisation Request for a Loan or Letter of Credit can be made available under Facility 1) with a maximum hedge tenor of twelve months, and (ii) swapping any of their futures contracts which have been concluded with Saxo Bank in respect of coffee, cocoa and sugar (which form part of the Borrowing Base in respect of which a Utilisation Request for a Loan or Letter of Credit can be made under Facility 1). (b) Part of Facility 1A may be made available by the Guarantee Facility Lender in the form of of the issuance of non-trade related guarantees in a maximum aggregate amount of EUR 175,000 (the "Guarantee Facility"), as specified in more detail in clause 5.8 (Overdraft Facilities and the Guarantee Facility).

The Facilities. 17 3. PURPOSE....................................................................18

The Facilities. Subject to the terms and conditions of this Agreement, Trade Bank will make available to Borrower each of those credit facilities ("Facilities") for which a Facility Supplement ("Supplement") is attached as Exhibit B hereto. Additional terms for each individual Facility (and each subfacility thereof ("Subfacility")) are set forth in the Supplement for that Facility. Each Facility will be available from the Closing Date until the Facility Termination Date for that Facility. Collateral and credit support required for each Facility are also set forth in the Supplement for each Facility. Definitions for those capitalized terms not otherwise defined are contained in Article 8 below.

The Facilities. (a) Subject to the terms of this Agreement, the Lenders make available: (i) a US dollar term loan facility in an aggregate amount equal to the Total Term Facility Commitments; and (ii) a US dollar revolving credit facility in an aggregate amount equal to the Total Revolving Facility Commitments. (b) The Term Facility will be available only to the Company and the Revolving Facility will be available to the Company and any Additional Borrower.

The Facilities. 59 Section 2.1 The Commitments.............................................................59 Section 2.2 Borrowing Procedures........................................................60 Section 2.3 Swing Loans.................................................................63 Section 2.4 Letters of Credit...........................................................65 Section 2.5 Reduction and Termination of the Revolving Credit Commitments...............71 Section 2.6 Repayment of Loans..........................................................71 Section 2.7 Evidence of Debt............................................................72

The Facilities. The Lenders grant (or in the case of paragraph (i) below, following delivery of a notice by the Company and upon their accession to this Agreement in accordance with Clause 2.7 (Alternative Bridge Facility Refinancing) below, the C Facility Lenders grant) upon the terms and subject to the conditions of this Agreement: (a) to the UK Borrowers, (i) a term loan facility in a maximum amount of £3,350,000,000 (the “A Facility”) which shall be available in Sterling in two drawings; provided that the amount of the A Facility on the Roll Effective Date shall be reduced by the amount of the A2 Facility on such date as provided in Clause 2.3 (Roll Effective Date); and (ii) on and from the Roll Effective Date, a term loan facility in a maximum amount of the aggregate A2 Facility Commitments (the “A2 Facility”) which shall be available in Sterling and shall be fully drawn on the Roll Effective Date by transfer of Outstandings from the A Facility as provided in Clause 2.3 (Roll Effective Date); (b) to Baseball Cash Bidco, (i) a term loan facility in a maximum amount of £175,000,000 (the “A1 Facility”) which shall be available in Sterling in a single drawing; provided that the amount of the A1 Facility on the Roll Effective Date shall be reduced by the amount of the A3 Facility on such date as provided in Clause 2.3 (Roll Effective Date); and (ii) on and from the Roll Effective Date, a term loan facility in a maximum amount of the aggregate A3 Facility Commitments (the “A3 Facility”) which shall be available in Sterling and shall be fully drawn on the Roll Effective Date by transfer of Outstandings from the A1 Facility as provided in Clause 2.3 (Roll Effective Date); (c) to Baseball Cash Bidco, (i) a term loan facility in a maximum amount of £300,000,000 (the “B1 Facility”) which shall be available in Sterling in a single drawing; provided that the amount of the B1 Facility on the Roll Effective Date shall be reduced by the amount of the B7 Facility on such date as provided in Clause 2.3 (Roll Effective Date); and (ii) on and from the Roll Effective Date, a term loan facility in a maximum amount of the aggregate B7 Facility Commitments (the “B7 Facility”) which shall be available in Sterling and shall be fully drawn on the Roll Effective Date by transfer of Outstandings from the B1 Facility as provided in Clause 2.3 (Roll Effective Date); (d) to the Company, (i) a term loan facility in a maximum amount of £350,652,430.56 (the “B2 Facility”) which shall be available in S...