Payments Generally; Pro Rata Treatment; Sharing of Set. Off 4951 Section 2.16 Mitigation Obligations; Replacement of Lenders 5052 Section 2.17 Defaulting Lenders 5153 Section 2.18 Incremental Facility 5355 Section 2.19 Extension of the Maturity Date 5557 Section 2.20 Letters of Credit. 5658 ARTICLE 3 REPRESENTATIONS AND WARRANTIES 6264 Section 3.01 Organization; Powers 6264 Section 3.02 Authorization; Enforceability 6264 Section 3.03 Governmental Approvals; No Conflicts 6264 Section 3.04 Financial Condition; No Material Adverse Change 6365 Section 3.05 Properties 6365 Section 3.06 Litigation and Environmental Matters 6365 Section 3.07 Compliance with Laws and Agreements; No Default 6466 Section 3.08 Investment Company Status 6466 Section 3.09 Margin Stock 6466 Section 3.10 Taxes 6466 Section 3.11 ERISA 6466 Section 3.12 Disclosure 6567 Section 3.13 Subsidiaries 6668 Section 3.14 Solvency 6668 Section 3.15 Anti-Terrorism Law 6668 Section 3.16 FCPA; Sanctions 6769 Section 3.17 Collateral Matters 6770 Section 3.18 Beneficial Ownership Certification 6870 ARTICLE 4 CONDITIONS 6870 Section 4.01 Effective Date 6870 Section 4.02 Each Credit Event 7072 ARTICLE 5 AFFIRMATIVE COVENANTS 7073 Section 5.01 Financial Statements; Ratings Change and Other Information 7073 Section 5.02 Notices of Material Events 7274 Section 5.03 Existence; Conduct of Business 7375 Section 5.04 Payment of Taxes and Other Claims 7375 Section 5.05 Maintenance of Properties; Insurance 7375 Section 5.06 Books and Records; Inspection Rights 7375 Section 5.07 ERISA-Related Information 7476 Section 5.08 Compliance with Laws and Agreements 7476 Section 5.09 Use of Proceeds 7476 Section 5.10 Additional Guarantors; Additional Collateral 7477 Section 5.11 Holdings 7678 Section 5.12 Post-Closing 7678 ARTICLE 6 NEGATIVE COVENANTS 7679 Section 6.01 Indebtedness 7779 Section 6.02 Liens 7880 Section 6.03 Fundamental Changes 8082 Section 6.04 Use of Proceeds 8183 Section 6.05 Minimum Liquidity 8183 Section 6.06 Restricted Repayments 8183 Section 6.07 Junior Debt Prepayments 8284 ARTICLE 7 EVENTS OF DEFAULT 8385 Section 7.01 Events of Default 8385 Section 7.02 Application of Funds 8587 ARTICLE 8 THE AGENTS 8688 Section 8.01 Appointment of the Administrative Agent 8688 Section 8.02 Powers and Duties 8789 Section 8.03 General Immunity 8789 Section 8.04 Administrative Agent Entitled to Act as Lender 8991 Section 8.05 Lenders’ Representations, Warranties and Acknowledgment 8991 Section 8.06 Right to Indemnity 8992 Section 8.07 Successor Administrative Agent 9092 Sect...
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ----- hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under each Loan Document shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 7275 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 7477 SECTION 2.19. Refinancing Amendments 7577
Payments Generally; Pro Rata Treatment; Sharing of Set offs Section 2.22. Letters of Credit Section 2.23. Increase of Commitments; Additional Lenders Section 2.24. Mitigation of Obligations Section 2.25. Replacement of Lenders
Payments Generally; Pro Rata Treatment; Sharing of Set offs 8387 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 8589 SECTION 2.17. Illegality 8690 SECTION 2.18. Incremental Facilities 8791 SECTION 2.19. Other Term Loans 9195 SECTION 2.20. Extensions of Term Loans 9196 SECTION 2.21. Repricing Event 9397 ARTICLE III Representations and Warranties SECTION 3.01. Organization; Powers 9498 SECTION 3.02. Authorization 9498 SECTION 3.03. Enforceability 9599 SECTION 3.04. Governmental Approvals 95 99 SECTION 3.05. Title to Properties; Possession Under Leases 96100 SECTION 3.06. Subsidiaries 96100 SECTION 3.07. Litigation; Compliance with Laws 96101 SECTION 3.08. Federal Reserve Regulations 97101 SECTION 3.09. Investment Company Act 97101 SECTION 3.10. Use of Proceeds 97102 SECTION 3.11. Tax Returns 97102 SECTION 3.12. No Material Misstatements 98102 SECTION 3.13. Environmental Matters 98103 SECTION 3.14. Security Documents 99104 SECTION 3.15. Location of Real Property and Leased Premises 100104 SECTION 3.16. Solvency 100105 SECTION 3.17. No Material Adverse Effect 100105 SECTION 3.18. Insurance 100105
Payments Generally; Pro Rata Treatment; Sharing of Set offs 34 SECTION 2.19. Mitigation Obligations; Replacement of Lenders 36 SECTION 2.20. Separateness 36 SECTION 2.21. Defaulting Lenders 37 ARTICLE III Representations and Warranties 38 SECTION 3.01. Organization; Powers 38 SECTION 3.02. Authorization; Enforceability 39 SECTION 3.03. Governmental Approvals; No Conflicts 39 SECTION 3.04. Financial Condition 39 SECTION 3.05. Litigation and Environmental Matters 39 SECTION 3.06. Compliance with Laws 40 SECTION 3.07. Investment Company Status 40 SECTION 3.08. Taxes 40 SECTION 3.09. ERISA 40 SECTION 3.10. Disclosure 40 SECTION 3.11. Reserved 40 SECTION 3.12. Margin Securities 40 SECTION 3.13. Anti-Corruption Laws; Sanctions Laws and Regulations 41 ARTICLE IV Conditions 41 SECTION 4.01. Effective Date 41 SECTION 4.02. Each Credit Event 43
Payments Generally; Pro Rata Treatment; Sharing of Set. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Sections 2.12, 2.13 or 2.14, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its Principal Office and except that payments pursuant to Sections 2.12, 2.13 or 2.14 and Section 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment or performance hereunder shall be due on a day that is not a Business Day, the date for payment or performance shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ---- hereunder (whether of principal, interest, fees or of amounts payable under Section 2.07, 2.08 or 2.09, or otherwise) prior to 2:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received on such date after such time may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest or fees thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 2.07, 2.08, 2.09 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 37 Section 4.02. Presumption of Payment by the Borrower 38 Section 4.03. Certain Deductions by the Administrative Agent 38 Section 4.04. Disposition of Proceeds 39 ARTICLE V INCREASED COSTS; BREAK FUNDING PAYMENTS; TAXES; ILLEGALITY Section 5.01. Increased Costs 39 Section 5.02. Break Funding Payments 40 Section 5.03. Taxes 40 Section 5.04. Mitigation Obligations; Replacement of Lenders 45 Section 5.05. Illegality 46 ARTICLE VI CONDITIONS PRECEDENT Section 6.01. Effective Date 46 Section 6.02. Additional Conditions 51 ARTICLE VII
Payments Generally; Pro Rata Treatment; Sharing of Set offs Section 2.22. [Intentionally Omitted] Section 2.23. Increase of Commitments; Additional Lenders Section 2.24. Mitigation of Obligations
