Affiliated Person. To the best of the knowledge of the Borrower as of the date hereof, it is not an "Affiliated Person" or an "Affiliated Person" of such an "Affiliated Person", as defined in the Act, of any Bank party to the Agreement as of the date hereof.
Affiliated Person. Each Bank represents that it is not an"Affiliated Person" or an "Affiliated Person" of such an "Affiliated Person", as defined in the Act, of a Borrower.
Affiliated Person. 2 1.5 Agreement ................................................................................2 1.6
Affiliated Person. Any Responsible Officer of each Initial Borrower obtaining knowledge that a Lender is an “affiliated person”, or an affiliated person of an affiliated person, of such Initial Borrower (within the meaning of Section 2(a)(3) of the Investment Company Act).
Affiliated Person. Neither such Borrower nor any Affiliated Person of such Borrower will directly or indirectly own, control or hold with power to vote 5% or more of the outstanding voting securities of (or otherwise be or become an Affiliated Person of) the Bank.
Affiliated Person. 43 9.20. Continuing Effectiveness, etc....................................................43 9.21. Facsimile Execution..............................................................43 9.22.
Affiliated Person. 44 9.20. Continuing Effectiveness, etc. . . . . . . . . . . . . . . . . . . . . 44 9.21. Facsimile Execution. . . . . . . . . . . . . . . . . . . . . . . . . . 44 SCHEDULE I Definitions SCHEDULE II Commitments and Pro Rata Shares SCHEDULE III Offshore and Domestic Lending Offices, Addresses for Notices EXHIBIT 2.2 Promissory Note EXHIBIT 2.3 Form of Loan Request EXHIBIT 2.4 Notice of Conversion/Continuation EXHIBIT 2.14 Allocation Notice EXHIBIT 4.1(c)-1 Form of Opinion of Counsel to the Borrower EXHIBIT 4.1(c)-2 Form of Opinion of Counsel to the Agent EXHIBIT 5.7-1 Schedule of Litigation EXHIBIT 5.7-2 Schedule of Contingent Liabilities EXHIBIT 6.1 Form of Borrowing Base Certificate || 6 SECOND AMENDED AND RESTATED CREDIT AGREEMENT THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of June 14, 1999 by the signatories hereto and amends and restates that certain Credit Agreement, dated as of April 17, 1997 (as heretofore amended by that certain First Amended and Restated Credit Agreement, dated as of April 16, 1998, and that certain letter agreement, dated April 15, 1999, the "Existing Credit Agreement"), by and among VAN XXXXXX XXXME RATE INCOME TRUST, the various banks (as defined in Section 2(a)(5) of the Act) party to thereto (collectively, the "Banks"), and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION ("BofA"), as agent (in such capacity, the "Agent") for the Banks.
Affiliated Person. 20 5.21. Computer Systems.....................................................20
Affiliated Person. 21 TABLE OF CONTENTS (continued) PAGE
Affiliated Person. 41 9.20 Continuing Effectiveness, etc. ............................... 41 9.21 Facsimile Execution .......................................... 42 9.22 Syndication Agent; Managing Agent; Co-Agent .................. 42 9.23 Section 6.1(a); Change in Independent Accountants ............ 42 FIFTH AMENDED AND RESTATED CREDIT AGREEMENT THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of November 8, 2002 by the signatories hereto and amends and restates that certain Credit Agreement, dated as of April 17, 1997 (as heretofore amended by that certain First Amended and Restated Credit Agreement, dated as of April 16, 1998, that certain letter agreement, dated April 15, 1999, that certain Second Amended and Restated Credit Agreement, dated as of June 14, 1999, that certain letter agreement, dated June 15, 2000, that certain letter agreement, dated August 9, 2000, that certain Third Amended and Restated Credit Agreement, dated as of September 13, 2000, that certain letter agreement, dated August 24, 2001, and that certain Fourth Amended and Restated Credit Agreement, dated as of November 9, 2001 the "Existing Credit Agreement"), by and among VAN KAMPEN PRIME RATE INCOME TRUST and VAN KAMPEN SENIOR FLOATING RXXX XXXX, as Borrowers (the "Borrowers"), xxx xxxious banks (as defined in Section 2(a)(5) of the Act) party thereto (collectively, the "Banks") and BANK OF AMERICA, N.A. ("BofA"), as agent (in such capacity, the "Agent") for the Banks.
