Competitive Loans a Loan made pursuant to Section 2.1.
Competitive Loans means loans provided for in Section 2.9 hereof.
Competitive Loans means the loans provided for by Section 2.03.
Examples of Competitive Loans in a sentence
Each payment of interest on any Competitive Borrowing shall be allocated pro rata among the Lenders participating in such Borrowing in accordance with the respective amounts of accrued and unpaid interest on their outstanding Competitive Loans comprising such Borrowing.
Each payment of principal of any Competitive Borrowing shall be allocated pro rata among the Lenders participating in such Borrowing in accordance with the respective principal amounts of their outstanding Competitive Loans comprising such Borrowing.
Interest on Competitive Loans shall be payable in arrears on each Interest Payment Date.
This Section shall not apply to Competitive Loans or to Contract Loans, which may not be converted or continued.
Subject to the terms and conditions set forth herein, each Lender agrees to make Revolving Loans to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (a) such Lender's Revolving Credit Exposure exceeding such Lender's Commitment or (b) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans exceeding the total Commitments.
More Definitions of Competitive Loans
Competitive Loans. The terms set forth above and on the reverse side hereof are hereby agreed to: [Name of Assignor], as Assignor By:__________________________________ Name: Title: [Name of Assignee], as Assignee By:__________________________________ Name: Title: The undersigned hereby consent to the within assignment: (2) --------------------------
Competitive Loans means the loans provided for by Section 2.03 hereof.
Competitive Loans. The terms set forth above and herein are hereby agreed to: [NAME OF ASSIGNOR], as Assignor By:___________________________ Name:_________________________ Title:________________________ [NAME OF ASSIGNEE], as Assignee By:___________________________ Name:_________________________ Title:________________________ The undersigned hereby consent to the within assignment: Trinity Industries, Inc. JPMorgan Chase Bank, N.A., as Administrative Agent By:___________________________ By:___________________________ Name:______________________ Name:______________________ Title:_____________________ Title:_____________________ JPMorgan Chase Bank, N.A., as Issuing Bank By:___________________________ Name:______________________ Title:_____________________ EXHIBIT B [FORM OF] GUARANTY THIS GUARANTY (this "Guaranty"), dated as of ____________, 200_, is made by _________________, a _________________ (the "Guarantor"), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (together with all successors and assigns thereto, the "Administrative Agent") for each of the Lender Parties.
Competitive Loans and "Revolving Loans" under and as defined in the Five-Year Credit Agreement are equal to or in excess of 50% of the sum of the aggregate Commitments and the aggregate "Commitments" under and as defined in the Five- Year Credit Agreement; provided that if any Lender continues to have any -------- Revolving Credit Exposure (or an outstanding term loan pursuant to Section 2.18) when its Commitment terminates, then such utilization fee shall continue to accrue during any period that the sum of (i) the aggregate Competitive Loans, Revolving Loans and term loans outstanding pursuant to Section 2.18 and (ii) the aggregate "Competitive Loans" and "Revolving Loans" under and as defined in the Five-Year Credit Agreement are equal to or in excess of 50% of the sum of the aggregate Commitments immediately before termination of the Commitments on the Termination Date and the aggregate "Commitments" under and as defined in the Five-Year Credit Agreement. Accrued utilization fees shall be payable in arrears on the last day of March, June, September and December of each year and on the Maturity Date (or the date on which such term loan is repaid in full), commencing on the first such date to occur after the date hereof; provided that -------- any utilization fees accruing after the Maturity Date shall be payable on demand. All utilization fees will be calculated on the basis of actual days elapsed in a year of 360 days (including the first day but excluding the last day).
Competitive Loans. Fees Assigned (if any): The terms set forth above and below are hereby agreed to: [NAME OF ASSIGNOR] , as Assignor ------------------------ By:_________________________ Name: Title: [NAME OF ASSIGNEE] , as Assignee ------------------------ By:_________________________ Name: Title: --------------------------------- 1 Must be at least five Business Days after execution hereof by all required parties. Assignment and Acceptance The undersigned hereby consent to the within assignment:2 WASHINGTON MUTUAL, INC. By:_________________________ Name: Title: WASHINGTON MUTUAL FINANCE CORPORATION By:_________________________ Name: Title: THE CHASE MANHATTAN BANK, as Administrative Agent By:_________________________ Name: Title: ------------------ 2 Consents to be included to the extent required by Section 9.04(b) of the Agreement. Assignment and Acceptance EXHIBIT B [Form of Opinion of Counsel to the Borrowers] August ___, 2000 To the Lenders Party to the Agreement Referred to Below and The Chase Manhattan Bank, as Administrative Agent Re: Washington Mutual, Inc./Washington Mutual Finance Corporation Ladies and Gentlemen: We have acted as counsel to Washington Mutual, Inc., a Washington corporation ("WMI") and its wholly owned, indirect subsidiary Washington Mutual Finance Corporation, a Delaware corporation ("Finance" and together with WMI, the "Borrowers"), in connection with the 364 Day Amended and Restated Credit Agreement, dated August 10, 2000, between the Borrowers, the lenders party thereto and The Chase Manhattan Bank, as Administrative Agent (the "Agreement"). This opinion is rendered to you pursuant to Section 4.01(b) of the Agreement. Capitalized terms used without definition in this opinion have the meanings given to them in the Agreement.
Competitive Loans means, as to any Lender, the collective reference to the 364-Day Competitive Loans and the LTF Competitive Loans made by such Lender.
Competitive Loans and "Revolving Loans" under and as defined in the Five-Year Credit Agreement, as a percentage of (ii) the aggregate Commitments and the aggregate "Commitments" under and as defined in the Five-Year Credit Agreement; provided that if any Lender continues to have any Revolving Credit Exposure (or an