Pursuant to Section 2. 1.(b) of the Credit Agreement, the Borrower hereby requests that the Lenders make Revolving Loans to the Borrower in an aggregate principal amount equal to $ .
Pursuant to Section 2. 3.(b) of the Credit Agreement, the Borrower hereby requests that the Swingline Lender make a Swingline Loan to the Borrower in an amount equal to $ .
Pursuant to Section 2. 5.1 or 4.1 of the Credit Agreement, the undersigned Borrower irrevocably requests [check one box under 1(a) below and fill in blank space next to the box as appropriate]:
Pursuant to Section 2. 5.(b) of the Credit Agreement, the Borrower hereby requests that the Swingline Lender make a Swingline Loan to the Borrower in an amount equal to $ .(17)
Pursuant to Section 2. 1(a)(ix), the Depositor assigns to the Issuing Entity all of its right, title and interest in, to and under the Receivables Purchase Agreement. Such assigned right, title and interest includes the benefit of the representations and warranties of the Seller made to the Depositor pursuant to Section 3.1(b) and Section 3.1(c) of the Receivables Purchase Agreement. The Depositor hereby represents and warrants to the Issuing Entity that the Depositor has taken no action which would cause such representations and warranties of the Seller to be false in any material respect as of the Closing Date.
Pursuant to Section 2. 2, the Issuer shall execute and the Trustee shall authenticate and deliver a Series of Notes having the terms specified in the related Series Supplement, upon the receipt of an Issuer Order, to the purchasers thereof, the underwriters for sale or to the Issuer for initial retention by it. If specified in the related Series Supplement for any Series, the Issuer shall execute and the Trustee shall authenticate and deliver the Global Note that is issued upon original issuance thereof, upon the receipt of an Issuer Order, to the Depository against payment of the purchase price therefor. If specified in the related Series Supplement for any Series, the Issuer shall execute and the Trustee shall authenticate Book-Entry Notes that are issued upon original issuance thereof, upon the receipt of an Issuer Order, to a Clearing Agency or its nominee as provided in Section 2.16 against payment of the purchase price thereof.
Pursuant to Section 2. 8. of the Credit Agreement, the Borrower hereby requests a Continuation of a borrowing of Loans under the Credit Agreement, and in that connection sets forth below the information relating to such Continuation as required by such Section of the Credit Agreement:
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount to [$ ], effective as of [ ], [ ] (which is a Business Day). [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Exhibit 2.02(b) to Funding Agreement FORM OF COMMITMENT TERMINATION NOTICE [Insert Date] General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lenders") and General Electric Capital Corporation, as a Lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Amount effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given FORM OF BORROWING REQUEST [Insert Date] General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain R...
Pursuant to Section 2. 03(b) of the Credit Agreement, the Borrower hereby irrevocably requests the Swing Loan Borrowing upon the following terms:
Pursuant to Section 2. 3(a) of the Credit Agreement, the Borrower hereby gives notice of its intention to borrow Borrowings in an aggregate principal amount of $ ________on ______ __, 200__, which Borrowing(s) shall consist of the following Types: Type of Borrowing (ABR or Eurodollar) Amount Interest Period for Eurodollar Advances
