Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the Borrowers, the Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrowers, the Agent and each Lender and their respective successors and permitted assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers shall have no further obligations (other than those provisions that expressly survive the termination thereof) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Obligations be rescinded or otherwise required to be restored or returned by the Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERS: DUKE ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware corporation By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LENDERS: BANK OF AMERICA, N.A., individually in its capacity as a Lender and in its capacity as Agent By: /s/ GRETXXXX X. XXXXX ---------------------------------------------------- Name: Gretxxxx X. Xxxxx -------------------------------------------------- Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHMXX XXXMERCIAL PAPER INC. By: /s/ MICHXXX XXXXXXX ---------------------------------------------------- Name: Michxxx Xxxxxxx -------------------------------------------------- Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERRXXX XXXCX XXXITAL CORPORATION
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Samples: 364 Day Credit Agreement (Duke Energy Field Services Corp)
Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the BorrowersBorrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the BorrowersBorrower, the Administrative Agent and each Lender and their respective successors and permitted assigns.
(b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Borrower Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers Borrower shall have no further obligations (other than those the indemnification provisions that expressly survive the termination thereofsurvive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Borrower Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERSBORROWER: DUKE ATMOS ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware -------- A Texas and Virginia corporation By: /s/ DAVIX XXXX X. XXXXXXXXX ------------------------------------------------- XXXXX ---------------------------------------------- Name: Davix Xxxx X. Xxxxxxxxx ------------------------------------------------ Xxxxx -------------------------------------------- Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement SVP, CFO and Treasurer ------------------------------------------- LENDERS: BANK OF AMERICA, N.A., N.A. ------- individually in its capacity as a Lender and in its capacity as Agent By: /s/ GRETXXXX X. XXXXX ---------------------------------------------------- Name: Gretxxxx X. Xxxxx -------------------------------------------------- Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHMXX XXXMERCIAL PAPER INC. By: /s/ MICHXXX XXXXXXX ---------------------------------------------------- Name: Michxxx Xxxxxxx -------------------------------------------------- Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERRXXX XXXCX XXXITAL CORPORATIONAdministrative Agent
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Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the Borrowers, the Agent Guarantors and the LendersAgents, and the Agents shall have received copies hereof (telefaxed or otherwise) which, when taken together, bear the signatures of each Lender, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrowers, the Agent Guarantors, the Agents and each Lender and their respective successors and permitted assigns.
(b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, LOC Obligations, interest, fees and other Borrowers Credit Party Obligations have been paid in full and all Commitments and Letters of Credit have been terminated. Upon such termination, the Borrowers Credit Parties shall have no further obligations (other than those the indemnification provisions that expressly survive the termination thereofsurvive) under the Credit DocumentsDocuments and the Collateral Agent shall, at the request and expense of the Borrowers, deliver all Collateral in its possession to the Borrowers and release all Liens on Collateral; provided that should any payment, in whole or in part, of the Borrowers Credit Party Obligations be rescinded or otherwise required to be restored or returned by the an Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all Liens of the Lenders shall reattach to the Collateral and all amounts required to be restored or returned and all costs and expenses incurred by the an Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Credit Party Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERS: DUKE ENERGY FIELD SERVICESGERBER CHILDRENSWEAR, LLC a Delaware limited liability company By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATIONINC., a Delaware corporation By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Richxxx Xxxar ----------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Richxxx Xxxar Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement President AUBURN HOSIERY MILLX, XXC., a Kentucky corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President 101 GUARANTORS: GCIH, INC., a Delaware corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President COSTURA DOMINICANA, INC., a Delaware corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President AUBURN HOLDINGS, INC., a Delaware corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President GCI IP SUB, INC., a Delaware corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President AUBURN MERGER CO, a Delaware corporation By: /s/ Richxxx Xxxar ----------------------------------- Name: Richxxx Xxxar Title: Senior Vice President 102 LENDERS: BANK OF AMERICANATIONSBANK, N.A., individually in its capacity as a Lender and in its capacity as Administrative Agent By: /s/ GRETXXXX X. XXXXX ---------------------------------------------------- Name: Gretxxxx X. Xxxxx -------------------------------------------------- Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHMXX XXXMERCIAL PAPER INC. By: /s/ MICHXXX XXXXXXX ---------------------------------------------------- Name: Michxxx Xxxxxxx -------------------------------------------------- Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERRXXX XXXCX XXXITAL CORPORATIONand Collateral Agent
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Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the BorrowersBorrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the BorrowersBorrower, the Administrative Agent and each Lender and their respective successors and permitted assigns.
(b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Borrower Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers Borrower shall have no further obligations (other than those the indemnification provisions that expressly survive the termination thereofsurvive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Borrower Obligations. [Remainder of Page Intentionally Left Blank] Signature Page to Duke Atmos Energy Field Services 364-Day Corporation Bridge Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERSBORROWER: DUKE ATMOS ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware A Texas and Virginia corporation By: /s/ DAVIX XXXXXX X. XXXXXXXXX ------------------------------------------------- XXXXXXXX ---------------------------------- Name: Davix Xxxxxx X. Xxxxxxxxx ------------------------------------------------ Xxxxxxxx -------------------------------- Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- President and Treasurer Signature Page to Duke Atmos Energy Field Services 364-Day Corporation Bridge Credit Agreement LENDERS: BANK OF AMERICAONE, N.A., NA individually in its capacity as a Lender and in its capacity as Administrative Agent By: /s/ GRETXXXX XXXXXX X. XXXXX ---------------------------------------------------- XXXX ------------------------------------ Name: Gretxxxx Xxxxxx X. Xxxxx -------------------------------------------------- Xxxx ---------------------------------- Title: Principal ------------------------------------------------- Associate Director Signature Page to Duke Atmos Energy Field Services 364-Day Corporation Bridge Credit Agreement LEHMXX XXXMERCIAL PAPER INCWACHOVIA BANK, NATIONAL ASSOCIATION By: /s/ C. XXXX XXXXXX ------------------------------------ Name: C. Xxxx Xxxxxx ---------------------------------- Title: Vice President Signature Page to Atmos Energy Corporation Bridge Credit Agreement SUNTRUST BANK By: /s/ XXXXX X. XXXXXX ------------------------------------ Name: Xxxxx X. Xxxxxx ---------------------------------- Title: Senior Vice President Signature Page to Atmos Energy Corporation Bridge Credit Agreement SOCIETE GENERALE, NEW YORK BRANCH By: /s/ XXXXX XXXX ------------------------------------ Name: Xxxxx Xxxx ---------------------------------- Title: Vice President Signature Page to Atmos Energy Corporation Bridge Credit Agreement KBC BANK N.V. By: /s/ XXXXXX XXXXXXXX ------------------------------------ Name: Xxxxxx Xxxxxxxx ---------------------------------- Title: First Vice President By: /s/ XXXX XXXXXX ------------------------------------ Name: Xxxx Xxxxxx ---------------------------------- Title: Vice President Signature Page to Atmos Energy Corporation Bridge Credit Agreement THE BANK OF TOKYO-MITSUBISHI, LTD. By: /s/ MICHXXX XXXXXXX ---------------------------------------------------- XXXXXX XXXXX ------------------------------------ Name: Michxxx Xxxxxxx -------------------------------------------------- Xxxxxx Xxxxx ---------------------------------- Title: Authorized Signatory ------------------------------------------------- Deputy General Manager By: /s/ XXX FORT ------------------------------------ Name: Xxx Fort ---------------------------------- Title: Vice President Signature Page to Duke Atmos Energy Field Services 364-Day Corporation Bridge Credit Agreement MERRXXX XXXCX XXXITAL CORPORATIONU.S. BANK NATIONAL ASSOCIATION By: /s/ XXXX X. XXXXXX ------------------------------------ Name: Xxxx X. Xxxxxx ---------------------------------- Title: Senior Vice President Signature Page to Atmos Energy Corporation Bridge Credit Agreement BANK OF AMERICA, N.A. By: /s/ XXXXXXXX X. XXXXXXXXXX ------------------------------------ Name: Xxxxxxxx X. Xxxxxxxxxx ---------------------------------- Title: Principal Signature Page to Atmos Energy Corporation Bridge Credit Agreement HIBERNIA NATIONAL BANK By: /s/ XXXXX X. XXXXXXXXXX ------------------------------------ Name: Xxxxx X. Xxxxxxxxxx ---------------------------------- Title: Banking Officer SCHEDULE 1.1(a) COMMITMENT PERCENTAGES Schedule 1.1(a)-1 SCHEDULE 1.1(b) PRICING SCHEDULE "Level I Status" exists at any date if, on such date, the Borrower's Xxxxx'x Rating is A2 or better or the Borrower's S&P Rating is A or better. "Level II Status" exists at any date if, on such date, (i) the Borrower has not qualified for Level I Status and (ii) the Borrower's Xxxxx'x Rating is A3 or better or the Borrower's S&P Rating is A- or better. "Level III Status" exists at any date if, on such date, (i) the Borrower has not qualified for Level I Status or Level II Status and (ii) the Borrower's Xxxxx'x Rating is Baa1 or better or the Borrower's S&P Rating is BBB+ or better.
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Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the BorrowersBorrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the BorrowersBorrower, the Administrative Agent and each Lender and their respective successors and permitted assigns.
(b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Borrower Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers Borrower shall have no further obligations (other than those the indemnification provisions that expressly survive the termination thereofsurvive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Borrower Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERSBORROWER: DUKE ATMOS ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- Name: Davix X. Xxxxxxxxx ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware A Texas and Virginia corporation By: /s/ DAVIX X. XXXXXXXXX ------------------------------------------------- ___________________________________ Name: Davix X. Xxxxxxxxx ------------------------------------------------ :___________________________________ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement :__________________________________ LENDERS: BANK OF AMERICA, N.A., N.A. individually in its capacity as a Lender and in its capacity as Administrative Agent By: /s/ GRETXXXX X. XXXXX ---------------------------------------------------- :___________________________________ Name: Gretxxxx X. Xxxxx -------------------------------------------------- :_________________________________ Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHMXX XXXMERCIAL PAPER INC. :________________________________ FLEET NATIONAL BANK By: /s/ MICHXXX XXXXXXX ---------------------------------------------------- :___________________________________ Name: Michxxx Xxxxxxx -------------------------------------------------- :_________________________________ Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERRXXX XXXCX XXXITAL CORPORATION:________________________________ THE FUJI BANK, LIMITED By:___________________________________ Name:_________________________________ Title:________________________________ KBC BANK N.V. By:___________________________________ Name:_________________________________ Title:________________________________ FIRST UNION NATIONAL BANK By:___________________________________ Name:_________________________________ Title:________________________________ BANK ONE, NA By:___________________________________ Name:_________________________________ Title:________________________________ SOCIETE GENERALE NEW YORK BRANCH By:___________________________________ Name:_________________________________ Title:________________________________
Appears in 1 contract
Samples: Credit Agreement (Atmos Energy Corp)
