AND RESTATED CREDIT AGREEMENT. This Second Amended and Restated Credit Agreement is made and entered into as of this 30th day of June, 2008, by and between NewBevCo, Inc., a Delaware corporation (the “Borrower”) and Comerica Bank (the “Bank”).
AND RESTATED CREDIT AGREEMENT separately, successively or concurrently against Borrower or any Guarantor Subsidiary, or any others obligated under any of the Notes, at the sole discretion of Lenders, (c) may be exercised as often as the occasion therefor shall arise, it being agreed by Borrower and each Guarantor Subsidiary that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, non-exclusive.
AND RESTATED CREDIT AGREEMENT. Agent, its sub agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while the retiring or removed Administrative Agent was acting as Administrative Agent.
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) immediately preceding the effective date of the next such change and, in the case of a downgrade, during the period commencing on the date of the public announcement thereof and ending on the date immediately preceding the effective date of the next such change.
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust)
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) Real Estate, plus (d) the quotient obtained by dividing (i) annualized Consolidated EBITDA (grossed up to include any Deemed Consolidated Affiliate) from completed and stabilized Real Estate, for the immediately preceding fiscal quarter, adjusted to exclude any amount included in Consolidated EBITDA with respect to (1) Real Estate disposed of prior to the date of determination, (2) Unstabilized Properties included under clause (b) above, and (3) Recently Acquired Properties included under clause (c) above, by (ii) a capitalization rate equal to six percent (6.00%), plus (e) the book value determined in accordance with GAAP (all as shown on Borrower’s consolidated balance sheet) of (i) all undeveloped Real Estate, (ii) Investments of Borrower and its Consolidated Subsidiaries in Unconsolidated Affiliates (but excluding Deemed Consolidated Affiliates), (iii) notes, mortgages and other evidences of indebtedness held by Borrower or any Consolidated Subsidiary, and (iv) accounts receivable of Borrower and its Consolidated Subsidiaries; provided that aggregate value attributable to all Non-Core Investments and Investments in Unconsolidated Affiliates shall not, at any time, exceed twenty-five percent (25%) of Gross Asset Value; provided, further, that, the value of Non-Core Investments and Investments in Unconsolidated Affiliates shall, for the purpose of this definition (including in the calculation of Gross Asset Value), shall be determined in accordance with the following: (1) the value of each such Non-Core Investment shall be the aggregate undepreciated book value thereof, as determined in accordance with GAAP; (2) except as provided in clause (3) below, the value of each Unconsolidated Affiliate shall be the aggregate undepreciated book value thereof, determined in accordance with GAAP; and (3) the value of each Investment in an Unconsolidated Affiliate which is a Deemed Consolidated Affiliate shall be an amount calculated as set forth in subsections (b), (c) and (d) of this definition (as though it were a Consolidated Subsidiary).
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) approved rate will be applied in a manner as otherwise reasonably determined by Administrative Agent, and (b) if the LIBOR Daily Rate shall be less than zero, such rate will be deemed zero for purposes of this Agreement.
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) ERISA Affiliate and is either covered by Title IV of ERISA or is subject to the minimum funding standards under Section 412 of the Code.
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) indirectly through one or more intermediaries, or both, by such Person. Unless otherwise specified, all references herein to a “Subsidiary” or to “Subsidiaries” shall refer to a Subsidiary or Subsidiaries of the Borrower.
AND RESTATED CREDIT AGREEMENT. (Camden Property Trust) condition, whether or not similar to any of the foregoing; provided, however, that each Lender’s obligation to make Revolving Credit Loans pursuant to this Section 2.04(c) is subject to the conditions set forth in Section 4.02 (other than delivery by the Borrower of a Committed Loan Notice). No such making of an L/C Advance shall relieve or otherwise impair the obligation of the Borrower to reimburse the applicable L/C Issuer for the amount of any payment made by the applicable L/C Issuer under any Letter of Credit, together with interest as provided herein.
