The Specified U Clause Samples
The "Specified U" clause defines a particular unit, value, or parameter that is referenced elsewhere in the contract. In practice, this clause identifies a specific item—such as a currency, measurement unit, or contractual threshold—that will be used to interpret or trigger certain obligations or rights under the agreement. By clearly designating what "U" refers to, the clause ensures that both parties have a shared understanding of key terms, thereby reducing ambiguity and preventing disputes over interpretation.
The Specified U. S. Borrower and the other Loan Parties party thereto have entered into a Credit Agreement dated of even date herewith (said Agreement, as it may hereafter be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”) with the Lenders, the L/C Issuers and the agents party thereto.
The Specified U. S. Borrower agrees that all reasonable and documented out-of-pocket expenses incurred by the Administrative Agent in connection with the preparation, execution, delivery and administration, modification and amendment of this Agreement and the other instruments and documents to be delivered hereunder or in connection herewith (including, without limitation, the reasonable and documented fees, charges and disbursements of one counsel for the Administrative Agent) are expenses that the Specified U.S. Borrower is required to pay or reimburse pursuant to Section 11.04 of the Credit Agreement.
The Specified U. S. Borrower and its applicable Subsidiaries shall not have entered into arrangements in respect of post-petition financing and/or use of cash collateral and emergence financing arrangements in form and substance satisfactory to the Required Lenders on or prior to September 30, 2009; or
The Specified U. S. Guarantor agrees to reimburse the Administrative Agent for its fees and expenses incurred hereunder as provided in Section 11.04(a) of the Credit Agreement; provided that, each reference therein to “the Administrative Borrower” shall be deemed a reference to “the Specified U.S. Guarantor”. The obligations of the Specified U.S. Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
The Specified U. S. Borrower has requested an increase to the Revolving Credit Commitments in the form of U.S. Revolving Credit Commitments in an aggregate principal amount for such increase equal to $50,000,000 pursuant to Section 2.16 of the Credit Agreement (the “Commitment Increase”) to be effective upon meeting the conditions precedent to effectiveness set forth in Section 4 of this Amendment. Each Commitment Increase Lender has provided an increase to its existing Revolving Credit Commitment or a new Revolving Credit Commitment, as the case may be, in the amount set forth opposite such Commitment Increase Lender’s name on Schedule I to this Amendment.
The Specified U. S. Borrower shall have delivered to the Administrative Agent, on behalf of the Lenders, at least one (1) Business Day prior to the date on which any such purchase or other acquisition is to be consummated, a certificate of a Responsible Officer, certifying that all of the requirements set forth in this clause (h) have been satisfied or will be satisfied on or prior to the consummation of such purchase or other acquisition; and