SYNDICATED FACILITY AGREEMENT Dated as of April 17, 2018 Among RESMED LIMITED, as Borrower, RESMED INC., as Parent, MUFG UNION BANK, N.A., as Administrative Agent, Joint Lead Arranger and Joint Book Runner, WESTPAC BANKING CORPORATION, as Syndication...Syndicated Facility Agreement • April 19th, 2018 • Resmed Inc • Surgical & medical instruments & apparatus • New York
Any increase or decrease in the Applicable Rate resulting from a change in the Financial Covenant shall become effective as of the first (1st) Business Day of the month immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Pricing Level V shall apply as of the fifth (5th) Business Day of the month following the date such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered. The Applicable Rate in effect from the Closing Date through the date on which Parent delivers its Compliance Certificate for the quarter ending March 31, 2018 to Agent shall be determined based upon Pricing Level III.
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 17, 2018 Among RESMED INC., as Borrower, MUFG UNION BANK, N.A., as Administrative Agent, Joint Lead Arranger, Joint Book Runner, Swing Line Lender and L/C Issuer, and WESTPAC BANKING CORPORATION,...Assignment and Assumption • April 19th, 2018 • Resmed Inc • Surgical & medical instruments & apparatus • New York
Any increase or decrease in the Applicable Rate resulting from a change in the Financial Covenant shall become effective as of the first (1st) Business Day of the month immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Pricing Level V shall apply as of the fifth (5th) Business Day of the month following the date such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered. The Applicable Rate in effect from the Closing Date through the date on which Borrower delivers its Compliance Certificate for the quarter ending March 31, 2018 to Agent, shall be determined based upon Pricing Level III.
AMENDED AND RESTATED UNCONDITIONAL GUARANTYUnconditional Guaranty • April 19th, 2018 • Resmed Inc • Surgical & medical instruments & apparatus • New York
THIS AMENDED AND RESTATED UNCONDITIONAL GUARANTY (“Guaranty”) is entered into as of April 17, 2018, by each of the undersigned (each a “Guarantor”), in favor of MUFG UNION BANK, N.A. (and its subsidiaries and affiliates), in its capacity as Administrative Agent (“Agent”).
UNCONDITIONAL GUARANTYUnconditional Guaranty • April 19th, 2018 • Resmed Inc • Surgical & medical instruments & apparatus • New York
THIS UNCONDITIONAL GUARANTY (“Guaranty”) is entered into as of April 17, 2018, by each of the undersigned (each a “Guarantor”), in favor of MUFG UNION BANK, N.A. (and its subsidiaries and affiliates), in its capacity as Administrative Agent (“Agent”).
