Common use of Adjustments Generally Clause in Contracts

Adjustments Generally. On the date three Business Days prior to the Effective Date, the Agent shall notify each Lender of the amount of Loans required to be made by such Lender (if any) to the Company on the Effective Date, the amount of increase or decrease in each Commitment of such Lender and of any CREDIT AGREEMENT other assignments or adjustments that the Agent deems necessary and advisable such that after giving effect to the transactions contemplated in this Section to occur on the Effective Date, each Lender's Commitments shall be in accordance with the Commitments set forth opposite its name on the signature pages hereof, each Lender's Loans of any Class to the Company shall not exceed its pro rata portion of all Loans of any such Class then outstanding to the Company hereunder and the unused Commitments of all the Lenders plus all outstanding Loans under this Agreement shall not exceed $500,000,000 in aggregate principal amount. Any such assignments shall be deemed to occur hereunder automatically on the Effective Date and without any requirement for additional documentation and in the case of any such assignment, the assigning party shall be deemed to represent and warrant to each assignee that it has not created any adverse claim upon the interest being assigned and that such interest is free and clear of any adverse claim. Each Lender hereby agrees to give effect to the instructions of the Agent to such Lender contained in the notice described above.

Appears in 1 contract

Samples: Supplemental Credit Agreement (Suiza Foods Corp)

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Adjustments Generally. On the date three Business Days prior to the Effective Date, the Agent shall notify each Lender of the amount of Loans required to be made by such Lender CREDIT AGREEMENT (if any) to the Company on the Effective Date, the amount of increase or decrease in each Commitment of such Lender and of any CREDIT AGREEMENT other assignments or adjustments that the Agent deems necessary and advisable such that after giving effect to the transactions contemplated in this Section to occur on the Effective Date, each Lender's Commitments shall be in accordance with the Commitments set forth opposite its name on the signature pages hereof, each Lender's Loans of any Class to the Company shall not exceed its pro rata portion of all Loans of any such Class then outstanding to the Company hereunder and the unused Commitments of all the Lenders plus all outstanding Loans under this Agreement shall not exceed $500,000,000 200,000,000 in aggregate principal amount. Any such assignments shall be deemed to occur hereunder automatically on the Effective Date and without any requirement for additional documentation and in the case of any such assignment, the assigning party shall be deemed to represent and warrant to each assignee that it has not created any adverse claim upon the interest being assigned and that such interest is free and clear of any adverse claim. Each Lender hereby agrees to give effect to the instructions of the Agent to such Lender contained in the notice described above.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

Adjustments Generally. On the date three Business Days prior to the Effective Date, the Agent shall notify each Lender of the amount of Loans required to be made by such Lender (if any) to the Company on the Effective Date, the amount of increase or decrease in each Commitment of such Lender and of any CREDIT AGREEMENT other assignments or adjustments that the Agent deems necessary and advisable such that after giving effect to the transactions contemplated in this Section to occur on the Effective Date, each Lender's Commitments shall be in accordance with the Commitments set forth opposite its name on the signature pages hereof, each Lender's Loans of any Class to the Company shall not exceed its pro rata portion of all Loans of any such Class then outstanding to the Company hereunder and the unused Commitments of all the Lenders plus all outstanding Loans and Letter of Credit Liabilities under this Agreement shall not exceed $500,000,000 1,000,000,000 in aggregate principal amount. Any such assignments shall be deemed to occur hereunder automatically on the Effective Date and without any requirement for additional documentation and in the case of any such assignment, the assigning party shall be deemed to represent and warrant to each assignee that it has not created any adverse claim upon the interest being assigned and that such interest is free and clear of any adverse claim. Each Lender hereby agrees to give effect to the instructions of the Agent to such Lender contained in the notice described above.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

Adjustments Generally. On the date three Business Days prior to the Effective Date, the Agent shall notify each Lender of the amount of Loans required to be made by such Lender (if any) to the Company on the Effective Date, the amount of increase or decrease in each Commitment of such Lender and of any CREDIT AGREEMENT other assignments or adjustments that the Agent deems necessary and advisable such that after giving effect to the transactions contemplated in this Section to occur on the Effective Date, each Lender's Commitments shall be in accordance with the Commitments set forth opposite its name on the signature pages hereof, each Lender's Loans of any Class to the Company shall not exceed its pro rata portion of all Loans of any such Class then outstanding to the Company hereunder and the unused Commitments of all the Lenders plus all outstanding Loans under this Agreement shall not exceed $500,000,000 in aggregate principal amount. Any such assignments shall be deemed to occur hereunder automatically on the Effective Date and without any requirement for additional documentation and in the case of any such assignment, the assigning party shall be deemed to represent and warrant to each assignee that it has not created any adverse claim upon the interest being assigned and that such interest is free and clear of any adverse claim. Each Lender hereby agrees to give effect to the instructions of the Agent to such Lender contained in the notice described above.

Appears in 1 contract

Samples: Supplemental Credit Agreement (Suiza Foods Corp)

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Adjustments Generally. On the date three Business Days prior to the Effective Date, the Agent shall notify each Lender of the amount of Loans required to be made by such Lender (if any) to the Company on the Effective Date, the amount of increase or decrease in each Commitment of such Lender and of any CREDIT AGREEMENT other assignments or adjustments that the Agent deems necessary and advisable such that after giving effect to the transactions contemplated in this Section to occur on the Effective Date, each Lender's Commitments shall be in accordance with the Commitments set forth opposite its name on the signature pages hereof, each Lender's Loans of any Class to the Company shall not exceed its pro rata portion of all Loans of any such Class then outstanding to the Company hereunder and the unused Commitments of all the Lenders plus all outstanding Loans under this Agreement shall not exceed $500,000,000 200,000,000 in aggregate principal amount. Any such assignments shall be deemed to occur hereunder automatically on the Effective Date and without any requirement for additional documentation and in the case of any such assignment, the assigning party shall be deemed to represent and warrant to each assignee that it has not created any adverse claim upon the interest being assigned and that such interest is free and clear of any adverse claim. Each Lender hereby agrees to give effect to the instructions of the Agent to such Lender contained in the notice described above.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

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