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.
Upon receipt of a request by the Borrower for a Competitive Loan, each Lender may, in its sole discretion, submit a Competitive Bid containing an offer to make a Competitive Loan in an amount up to the amount specified in the related request for Competitive Loans.
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.
The Competitive Loans of each Lender shall be evidenced by a single Competitive Note duly executed on behalf of the Borrower, dated the date hereof, in substantially the form of Schedule 2.2(f), payable to the order of such Lender.
Interest on Competitive Loans shall be payable in arrears on each applicable Interest Payment Date (or at such other times as may be specified herein).
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: -----------------
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. 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. 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 Assignor] , as Assignor ------------------------ By: ------------------------------------ Name: Title: ------------------------ 1/Not less than $10,000,000, unless (a) the Assignee is a Lender or an Affiliate of a Lender or (b) each of the Borrower and the Administrative Agent otherwise consent. Assignment and Acceptance The undersigned hereby consent to the within assignment:2/ Brunswick Corporation, The Chase Manhattan Bank, as Administrative Agent, By: By: ----------------------------------- ----------------------------------- Name: Name: Title: Title: The Chase Manhattan Bank, as Issuing Bank By: ----------------------------------- Name: Title:
Competitive Loans after "Competitive Bid Procedure" in the heading of Section 2.4;
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