Waiver of Effect of Corporate Seal. The Borrower represents and warrants that neither it nor any other Loan Party is required to affix its corporate seal to this Agreement or any other Loan Document pursuant to any Requirement of Law, agrees that this Agreement is delivered by the Borrower under seal and waives any shortening of the statute of limitations that may result from not affixing the corporate seal to this Agreement or such other Loan Documents.
Waiver of Effect of Corporate Seal. Borrower represents and warrants that it is not required to affix its corporate seal to this Agreement or any other Credit Document pursuant to any Requirement of Law and waives any shortening of the statute of limitations that may result from not affixing the corporate seal to this Agreement or the other Credit Documents.
Waiver of Effect of Corporate Seal. The Borrower represents and warrants that neither the Borrower nor any other Loan Party is required to affix its corporate seal to this Agreement or any other Loan Document pursuant to any requirement of law or regulation, agrees that this Agreement is delivered by the Borrower under seal and waives any shortening of the statute of limitations that may result from not affixing the corporate seal to this Agreement or such other Loan Documents.
Waiver of Effect of Corporate Seal. The Issuer represents and warrants that neither it nor any other Note Party is required to affix its corporate seal to this Agreement or any other Note Document pursuant to any Requirement of Law, agrees that this Agreement is delivered by the Issuer under seal and waives any shortening of the statute of limitations that may result from not affixing the corporate seal to this Agreement or such other Note Documents.
Waiver of Effect of Corporate Seal. 99 Section 10.14. Patriot Act. 99 Section 10.15. Publicity. 99 Schedules Schedule I - Applicable Margin and Applicable Percentage Schedule II - Commitment Amounts Schedule 2.23 - Existing Letters of Credit Schedule 4.5 - Environmental Matters Schedule 4.14 - Subsidiaries Schedule 4.19 - Real Property Schedule 7.1 - Outstanding Indebtedness Schedule 7.2 - Existing Liens Schedule 7.4 - Existing Investments Exhibits Exhibit A - Form of Revolving Credit Note Exhibit B - Form of Term Note Exhibit C - Reserved Exhibit D - Form of Swingline Note Exhibit E - Form of Assignment and Assumption Exhibit F - Form of Second Amended and Restated Subsidiary Guaranty Agreement Exhibit G - Form of Amended and Restated Security Agreement Exhibit H - Form of Amended and Restated Pledge Agreement Exhibit 2.3 - Form of Notice of Revolving Borrowing Exhibit 2.4 - Form of Notice of Swingline Borrowing Exhibit 2.8 - Form of Notice of Conversion/Continuation Exhibit 5.1(d)(1) - Form of Compliance Certificate Exhibit 5.1(d)(2) - Form of DOE Compliance Certificate SECOND AMENDED AND RESTATED
Waiver of Effect of Corporate Seal. 70 In..........................................................71 -v- SCHEDULES --------- SCHEDULE 5.01 Organization and Ownership of Subsidiaries SCHEDULE 5.11 Employee Benefit Matters SCHEDULE 5.14 Conflicting Agreements SCHEDULE 5.15(A) Environmental Compliance SCHEDULE 5.22 Intercompany Loans SCHEDULE 7.01(B) Existing Indebtedness SCHEDULE 7.02 Existing Liens EXHIBITS -------- EXHIBIT A Form of Syndicate Note EXHIBIT B Form of Competitive Bid Note EXHIBIT C Form of Closing Certificate EXHIBIT D Form of Assignment and Acceptance -vi LINE OF CREDIT AGREEMENT THIS LINE OF CREDIT AGREEMENT, dated as of January 26, 1999 (the "Agreement") by and among HUGHES SUPPLY, INC. ("Borrowex"), x Florida corporation, SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION, ("SunTrust Bank, Central Florida") a national banking association, FIRST UNION NATIONAL BANK, a national banking association, NATIONSBANK, N.A., a national banking association, SOUTHTRUST BANK, NATIONAL ASSOCIATION, a national banking association, ABN AMRO BANK, N.V., a banking corporation organized under the laws of the Netherlands, PNC BANK, N.A., a national banking association, WACHOVIA BANK, N.A., a national banking association, THE FIFTH THIRD BANK, a national banking association, HIBERNIA NATIONAL BANK, a national banking association and such other financial institutions becoming a party hereto from time to time, (individually, a "Lender" and collectively, the "Lenders"), SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION as administrative agent for the Lenders (in such capacity, the "Administrative Agent"), FIRST UNION NATIONAL BANK, as documentation agent for the Lenders (in such capacity, the "Documentation Agent"), NATIONSBANK, N.A., as syndication agent for the Lenders (in such capacity, the "Syndication Agent"), and SOUTHTRUST BANK, NATIONAL ASSOCIATION, as Co-agent for the Lenders (in such capacity, the "Co-Agent").
Waiver of Effect of Corporate Seal. Schedules Schedule I - Applicable Margin and Applicable Percentage Schedule 1.1 - Foreign Currency Payment Accounts Schedule 4.5 - Environmental Matters Schedule 4.14 - Subsidiaries Schedule 7.1 - Outstanding Indebtedness Schedule 7.2 - Existing Liens Exhibits Exhibit A - Form of Revolving Credit Note Exhibit B - Form of Swingline Note Exhibit C - Form of Assignment and Acceptance Exhibit 2.3 - Form of Notice of Revolving Borrowing Exhibit 2.4 - Form of Notice of Swingline Borrowing Exhibit 2.7 - Form of Continuation/Conversion Exhibit 5.1(c) - Form of Compliance Certificate REVOLVING CREDIT AGREEMENT THIS AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of July 11, 2005, by and among XXXXXX XXXXX & COMPANY, a Delaware corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and SUNTRUST BANK, a Georgia banking corporation, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).
Waiver of Effect of Corporate Seal. The Company represents and warrants that it is not required to affix its corporate seal to this Agreement or any other Operative Document pursuant to any requirement of law or regulation, agrees that this Agreement is delivered by the Company under seal and waives any shortening of the statute of limitations that may result from not affixing the corporate seal to this Agreement or such other Operative Documents.
