Delayed Draw Term Loan Sample Contracts

TopBuild Corp – $3,125,000 Plus 1.250% of the Delayed Draw Term Loan Advance (August 8th, 2017)
Delta Petroleum Corporation – First Amendment to Seventh Amendment, Consent and Waiver to Delayed Draw Term Loan and Bridge Loan Credit Agreement (July 15th, 2016)

THIS FIRST AMENDMENT TO SEVENTH AMENDMENT, CONSENT AND WAIVER TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment) is dated as of July 14, 2016 by and among Par Pacific Holdings, Inc. (f/k/a Par Petroleum Corporation), a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties) and the lenders party hereto (the Lenders).

$1,200,000,000 REVOLVING CREDIT FACILITY $400,000,000 DELAYED DRAW TERM LOAN SECOND AMENDED AND RESTATED REFINANCING CREDIT AGREEMENT by and Among WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION and WABTEC COOPERATIEF U.A., as the Borrowers and THE GUARANTORS PARTY HERETO and THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent and PNC CAPITAL MARKETS LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INC., JPMORGAN CHASE BANK, N.A., HSBC BANK USA, NATIONAL ASSOCIATION, and SOCIETE GENERALE, as Joint Lead Arrangers and Joint Bookrunners and BANK OF AMERICA, NATIONAL ASS (June 24th, 2016)

THIS SECOND AMENDED AND RESTATED REFINANCING CREDIT AGREEMENT (as hereafter amended, the Agreement) is dated as of June 22, 2016 and is made by and among WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation, as a borrower (the Company), WABTEC COOPERATIEF U.A., a cooperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands, as a borrower (WABTEC UA and together with the Company and each other entity that joins this Agreement as a borrower from time to time, collectively referred to as the Borrowers and each a Borrower), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the Administrative Agent).

Delta Petroleum Corporation – Seventh Amendment, Consent and Waiver to Delayed Draw Term Loan and Bridge Loan Credit Agreement (June 15th, 2016)

THIS SEVENTH AMENDMENT, CONSENT AND WAIVER TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment) is dated as of June 15, 2016 by and among Par Pacific Holdings, Inc. (f/k/a Par Petroleum Corporation), a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders), and Jefferies Finance LLC, as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Delta Petroleum Corporation – Sixth Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (December 18th, 2015)

THIS SIXTH AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment) is dated as of December 17, 2015 (the Effective Date) by and among Par Pacific Holdings, Inc. (f/k/a Par Petroleum Corporation), a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders), and Jefferies Finance LLC, as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Ipalco Enterprises, Inc. – $91,850,000 364-Day DELAYED DRAW TERM LOAN FACILITY CREDIT AGREEMENT by and Among INDIANAPOLIS POWER & LIGHT COMPANY THE LENDERS PARTY HERETO and FIFTH THIRD BANK, as Documentation Agent Dated as of October 16, 2015 (November 5th, 2015)
Term Loan Agreement (July 14th, 2015)

This Term Loan Agreement (this "Agreement") is entered into as of July 8, 2015 (the "Closing Date") by and among Point.360, a California corporation (the "Borrower"), Medley Capital Corporation, a Delaware corporation ("Medley") and Medley Opportunity Fund II, LP ("MOF", collectively with Medley, the "Lender"). Subject to and upon the terms and conditions set forth herein, the Lender has agreed to make the term loans provided herein.

Delta Petroleum Corporation – Fifth Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (June 2nd, 2015)

THIS FIFTH AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment) is dated as of June 1, 2015 (the Effective Date) by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders) and Jefferies Finance LLC, as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Delta Petroleum Corporation – Fourth Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (April 2nd, 2015)

THIS FOURTH AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment) is dated as of April 1, 2015 (the Effective Date) by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties) and the lenders party hereto (the Lenders).

Super-Priority Priming Debtor in Possession Delayed Draw Term Loan Credit Agreement, (March 13th, 2015)
Delta Petroleum Corporation – Third Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (March 12th, 2015)

THIRD AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment), dated as of March 11, 2015 (the Effective Date) by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders), and Jefferies Finance LLC, as administrative agent for the Lenders (in such capacity, the Administrative Agent).

EXECUTION VERSION Deal CUSIP: 19933MAE3 Revolving Loan CUSIP: 19933MAF0 Delayed Draw Term Loan CUSIP: 19933MAG8 CREDIT AGREEMENT Dated as of January 23, 2015 Among COLUMBUS MCKINNON CORPORATION, COLUMBUS MCKINNON DUTCH HOLDINGS 3 B.V., COLUMBUS MCKINNON EMEA GMBH and CERTAIN SUBSIDIARIES, as Borrowers, JPMORGAN CHASE BANK, N.A. As Administrative Agent, and the Other Lenders Party Hereto, J.P. MORGAN SECURITIES LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and PNC CAPITAL MARKETS LLC, as Joint Lead Arrangers and Joint Book Managers, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED A (January 27th, 2015)
Delta Petroleum Corporation – Second Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (September 10th, 2014)

SECOND AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment), dated as of September 10, 2014 (the Effective Date) by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders), and Jefferies Finance LLC, as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Penford Corporation – Table of Contents (August 4th, 2014)

This Delayed Draw Term Loan Credit Agreement is entered into as of August 1, 2014, by and among Penford Corporation, a Washington corporation (the Borrower), the direct and indirect Subsidiaries of the Borrower from time to time party to this Agreement, as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, and Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Rabobank Nederland, New York Branch (Rabobank), as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

Crown Holdings – $450,000,000 Dollar Revolving Facility $700,000,000 Multicurrency Revolving Facility $50,000,000 Canadian Revolving Facility $220,000,000 Term Loan a Facility $580,000,000 Delayed Draw Term Loan a Facility EU110,000,000 Term Euro Facility EU590,000,000 Delayed Draw Term Euro Facility $362,000,000 Farm Credit Facility (July 30th, 2014)

THIS CREDIT AGREEMENT is dated as of December 19, 2013 (the "Effective Date") and is made by and among CROWN AMERICAS LLC, a Pennsylvania limited liability company, ("U.S. Borrower"), CROWN EUROPEAN HOLDINGS S.A., a corporation organized under the laws of France ("European Borrower"), each of the Subsidiary Borrowers from time to time party hereto, CROWN METAL PACKAGING CANADA LP, a limited partnership organized under the laws of the Province of Ontario, Canada ("Canadian Borrower" and together with U.S. Borrower, European Borrower and the Subsidiary Borrowers, "Borrowers"), CROWN CORK & SEAL COMPANY, INC., a Pennsylvania corporation ("CCSC"), CROWN HOLDINGS, INC. a Pennsylvania corporation ("Crown Holdings") and CROWN INTERNATIONAL HOLDINGS, INC., a Delaware corporation ("Crown International") as Parent Guarantors, each other Credit Party from time to time party hereto, the undersigned financial institutions in their capacities as lenders hereunder (collectively, the "Lenders," and e

Delta Petroleum Corporation – First Amendment to Delayed Draw Term Loan and Bridge Loan Credit Agreement (July 28th, 2014)

FIRST AMENDMENT TO DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT (this Amendment), dated as of July 28, 2014 (the Effective Date) by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party thereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto (the Lenders), and Jefferies Finance LLC, as administrative agent for the Lender (in such capacity, the Administrative Agent).

Delta Petroleum Corporation – DELAYED DRAW TERM LOAN AND BRIDGE LOAN CREDIT AGREEMENT Among PAR PETROLEUM CORPORATION as Borrower, THE OTHER CREDIT PARTIES HERETO From Time to Time, THE LENDERS PARTY HERETO From Time to Time, as Lenders, and JEFFERIES FINANCE LLC, as Administrative Agent July 11, 2014 (July 14th, 2014)

This Delayed Draw Term Loan and Bridge Loan Credit Agreement dated as of July 11, 2014, is among Par Petroleum Corporation, a Delaware corporation (Borrower), the Guarantors party hereto from time to time (together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto from time to time (the Lenders), and Jefferies Finance LLC, as administrative agent for such Lenders (in such capacity, the Administrative Agent).

Crown Holdings – $450,000,000 Dollar Revolving Facility $700,000,000 Multicurrency Revolving Facility $50,000,000 Canadian Revolving Facility $220,000,000 Term Loan a Facility $580,000,000 Delayed Draw Term Loan a Facility 110,000,000 Term Euro Facility 590,000,000 Delayed Draw Term Euro Facility $362,000,000 Farm Credit Facility CREDIT AGREEMENT Dated December 19, 2013 Among CROWN AMERICAS LLC, as U.S. Borrower, CROWN EUROPEAN HOLDINGS S.A., as European Borrower, CROWN METAL PACKAGING CANADA LP, as Canadian Borrower, THE SUBSIDIARY BORROWERS NAMED HEREIN, CROWN HOLDINGS, INC., CROWN INTERNATIONAL HOLDINGS, In (December 20th, 2013)

THIS CREDIT AGREEMENT is dated as of December 19, 2013 (the Effective Date) and is made by and among CROWN AMERICAS LLC, a Pennsylvania limited liability company, (U.S. Borrower), CROWN EUROPEAN HOLDINGS S.A., a corporation organized under the laws of France (European Borrower), each of the Subsidiary Borrowers from time to time party hereto, CROWN METAL PACKAGING CANADA LP, a limited partnership organized under the laws of the Province of Ontario, Canada (Canadian Borrower and together with U.S. Borrower, European Borrower and the Subsidiary Borrowers, Borrowers), CROWN CORK & SEAL COMPANY, INC., a Pennsylvania corporation (CCSC), CROWN HOLDINGS, INC. a Pennsylvania corporation (Crown Holdings) and CROWN INTERNATIONAL HOLDINGS, INC., a Delaware corporation (Crown International) as Parent Guarantors, each other Credit Party from time to time party hereto, the undersigned financial institutions in their capacities as lenders hereunder (collectively, the Lenders, and each individually, a

$225,000,000 REVOLVING CREDIT FACILITY $75,000,000 DELAYED DRAW TERM LOAN FACILITY CREDIT AGREEMENT by and Among CALGON CARBON CORPORATION, THE OTHER BORROWERS PARTY HERETO, THE GUARANTORS PARTY HERETO, THE LENDERS PARTY HERETO, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, CITIZENS BANK OF PENNSYLVANIA, as Syndication Agent, BRANCH BANKING AND TRUST COMPANY, as Co- Documentation Agent, BANK OF AMERICA, N.A., as Co-Documentation Agent, RBS CITIZENS, N.A., as Joint Lead Arranger and Joint Bookrunner, and PNC CAPITAL MARKETS LLC, as Joint Lead Arranger and Joint Bookrunner Dated as of (November 7th, 2013)

THIS CREDIT AGREEMENT (as hereafter amended, the "Agreement") is dated as of November 6, 2013, and is made by and among CALGON CARBON CORPORATION, a Delaware corporation ("Calgon Carbon"), each of the other BORROWERS (as hereinafter defined), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the "Administrative Agent").

Delta Petroleum Corporation – Sixth Amendment to Delayed Draw Term Loan Credit Agreement (June 18th, 2013)

SIXTH AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this Amendment), dated as of June 12, 2013 by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the undersigned Lenders party hereto, and Jefferies Finance LLC, as administrative agent (the Administrative Agent).

Delta Petroleum Corporation – Seventh Amendment to Delayed Draw Term Loan Credit Agreement (June 18th, 2013)

SEVENTH AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this Amendment), dated as of June 17, 2013 by and among Par Petroleum Corporation, a Delaware corporation (the Borrower), the Guarantors party hereto (the Guarantors and together with the Borrower, each a Credit Party and collectively, the Credit Parties), the undersigned Lenders party hereto, and Jefferies Finance LLC, as administrative agent (the Administrative Agent).

Delta Petroleum Corporation – DELAYED DRAW TERM LOAN CREDIT AGREEMENT Among PAR PETROLEUM CORPORATION as Borrower, THE OTHER CREDIT PARTIES HERETO From Time to Time, THE LENDERS PARTY HERETO From Time to Time as Lenders, and JEFFERIES FINANCE LLC, as Administrative Agent August 31, 2012 (September 7th, 2012)

This Credit Agreement dated as of August 31, 2012, is among Par Petroleum Corporation, a Delaware corporation (Borrower), the Guarantors party hereto from time to time (together with the Borrower, each a Credit Party and collectively, the Credit Parties), the lenders party hereto from time to time (the Lenders), and Jefferies Finance LLC, as administrative agent for such Lenders (in such capacity, the Administrative Agent).

TERM LOAN AGREEMENT Dated as of February 24, 2012 Among ABERCROMBIE & FITCH MANAGEMENT CO. As Borrower, ABERCROMBIE & FITCH CO., as Parent THE LENDING INSTITUTIONS NAMED HEREIN, as Lenders, PNC BANK, NATIONAL ASSOCIATION, as Agent PNC CAPITAL MARKETS LLC, as Co-Lead Arranger and Co-Bookrunner JPMORGAN CHASE BANK, N.A., as Syndication Agent J.P. MORGAN SECURITIES LLC, as a Co-Lead Arranger and Co-Bookrunner FIFTH THIRD BANK, as a Co-Documentation Agent CITIZENS BANK OF PENNSYLVANIA, as a Co-Documentation Agent $300,000,000 Delayed Draw Term Loan Facility (February 29th, 2012)

THIS TERM LOAN AGREEMENT is entered into as of February 24, 2012 among ABERCROMBIE & FITCH MANAGEMENT CO., a Delaware corporation (the Company), ABERCROMBIE & FITCH CO., a Delaware corporation (the Parent), the lenders from time to time party hereto (each a Lender and collectively, the Lenders), PNC BANK, NATIONAL ASSOCIATION (PNC Bank), as administrative agent (the Agent), (each term as hereafter defined), PNC CAPITAL MARKETS LLC, as a co-lead arranger and a co-bookrunner, J.P. MORGAN SECURITIES LLC, as a co-lead arranger and a co-bookrunner, JPMORGAN CHASE BANK, N.A. (JPM) as syndication agent (the Syndication Agent), FIFTH THIRD BANK, as a co-documentation agent, and CITIZENS BANK OF PENNSYLVANIA, as a co-documentation agent.

CREDIT AGREEMENT Dated as of November 16, 2010 BEAZER HOMES USA, INC., CITIBANK, N.A., as Lender and CITIGROUP GLOBAL MARKETS INC., as Lead Arranger and Bookrunner $137,500,000 DELAYED DRAW TERM LOAN FACILITY (November 18th, 2010)

CREDIT AGREEMENT dated as of November 16, 2010, between BEAZER HOMES USA, INC., a Delaware corporation (the Borrower) and CITIBANK, N.A. (the Lender).

CREDIT AGREEMENT Dated as of November 16, 2010 BEAZER HOMES USA, INC., DEUTSCHE BANK AG CAYMAN ISLANDS BRANCH, as Lender and DEUTSCHE BANK SECURITIES INC., as Lead Arranger and Bookrunner $137,500,000 DELAYED DRAW TERM LOAN FACILITY (November 18th, 2010)

CREDIT AGREEMENT dated as of November 16, 2010, between BEAZER HOMES USA, INC., a Delaware corporation (the Borrower) and DEUTSCHE BANK AG CAYMAN ISLANDS BRANCH (the Lender).

First Amendment to the Delayed Draw Term Loan Agreement (August 13th, 2008)

FIRST AMENDMENT, dated as of August 7, 2008 (this Amendment), to the Delayed Draw Term Loan Agreement, dated as of May 5, 2008 (as amended, supplemented or otherwise modified from time to time, the Term Loan Agreement), among PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation, (the Borrower), the Lenders party thereto from time to time (the Lenders), MORGAN STANLEY SENIOR FUNDING, INC. and WACHOVIA BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents (the Co-Syndication Agents), MERRILL LYNCH CAPITAL CORPORATION, as Administrative Agent (the Administrative Agent), and the Arrangers. Unless otherwise indicated, capitalized terms used but not defined herein shall have the respective meanings set forth in the Term Loan Agreement.

Public Service Co Of New Mexico – DELAYED DRAW TERM LOAN AGREEMENT Among PUBLIC SERVICE COMPANY OF NEW MEXICO as Borrower, THE LENDERS IDENTIFIED HEREIN, MERRILL LYNCH CAPITAL CORPORATION, as Administrative Agent MORGAN STANLEY SENIOR FUNDING, INC. And WACHOVIA BANK, NATIONAL ASSOCIATION as Co-Syndication Agents DATED AS OF MAY 5, 2008 MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, MORGAN STANLEY SENIOR FUNDING, INC. And WACHOVIA CAPITAL MARKETS, LLC, as Joint Lead Arrangers and Joint Bookrunners (May 7th, 2008)

THIS DELAYED DRAW TERM LOAN AGREEMENT (this Agreement) is entered into as of May 5, 2008, among PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation, as Borrower, the Lenders, MORGAN STANLEY SENIOR FUNDING, INC. and WACHOVIA BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, MERRILL LYNCH CAPITAL CORPORATION, as Administrative Agent, and the Arrangers.

Consolidated Communications Holdings – CREDIT AGREEMENT Dated as of December 31, 2007 Among CONSOLIDATED COMMUNICATIONS HOLDINGS, INC., as Parent Guarantor, CONSOLIDATED COMMUNICATIONS, INC., CONSOLIDATED COMMUNICATIONS ACQUISITION TEXAS, INC. And FORT PITT ACQUISITION SUB INC., as Co-Borrowers, THE LENDERS REFERRED TO HEREIN, WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent, Issuing Bank and Swingline Lender, COBANK, ACB, as Syndication Agent GENERAL ELECTRIC CAPITAL CORPORATION, as Co-Documentation Agent THE ROYAL BANK OF SCOTLAND PLC, as Co-Documentation Agent and WACHOVIA CAPITAL MARKETS, LLC, as Sole Lead Arranger (January 7th, 2008)

CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "Agreement") dated as of December 31, 2007, among CONSOLIDATED COMMUNICATIONS HOLDINGS, INC., a Delaware corporation ("Holdings"), CONSOLIDATED COMMUNICATIONS, INC., an Illinois corporation (the "CCI Borrower"), CONSOLIDATED COMMUNICATIONS ACQUISITION TEXAS, INC., a Delaware corporation (the "TXU Borrower"), FORT PITT ACQUISITION SUB INC., a Pennsylvania corporation (the "Merger Sub" and, together with the CCI Borrower and the TXU Borrower, the "Borrowers"), the financial institutions holding Loans or Commitments hereunder from time to time (the "Lenders"), WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the "Administrative Agent") for the Lenders, COBANK, ACB, as Syndication Agent, GEN

Merrill Corporation – Merrill Corporation First Amendment to Credit Agreement (February 13th, 2006)

This FIRST AMENDMENT, dated as of December 30, 2005 (this "First Amendment"), is entered into by and among MERRILL COMMUNICATIONS LLC, a Delaware limited liability company (the "Borrower"), MERRILL CORPORATION, a Minnesota corporation ("Holdings"), the Lenders party hereto, and BANK OF AMERICA, N.A. ("BANA"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent") and as collateral agent (in such capacity, the "Collateral Agent"), and is made with reference to that certain Amended, Restated and Combined Credit Agreement, dated as of December 22, 2005 (the "Credit Agreement") by and among the Borrower, Holdings, the banks, financial institutions and other entities party thereto, and BANA, as administrative agent and collateral agent for the Lenders. Capitalized terms used herein not otherwise defined herein or otherwise amended hereby shall have the meanings ascribed thereto in the Credit Agreement.