Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank of the following: (a) a duly executed counterpart of the Letter Agreement with the Bank, signed by the Borrower; (b) a duly executed Note complying with the provisions of Section 2.04; (c) an opinion letter (together with any opinions of local counsel relied on therein) of counsel for the Borrower, dated as of the Closing Date, substantially in the form of Exhibit B and covering such additional matters relating to the transactions contemplated hereby as the Bank may reasonably request; (d) a certificate (the "Closing Certificate") substantially in the form of Exhibit F), dated as of the Closing Date, signed by a principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunder; (e) all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the Note, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, without limitation, a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State of Delaware as to the good standing of the Borrower as a Delaware corporation, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower is a party; (f) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and (g) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such date.
Appears in 1 contract
Samples: Master Credit Agreement (Savannah Foods & Industries Inc)
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance an Advance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 4.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note complying with the provisions of Section 2.042.03;
(c) an opinion letter (together with any opinions of local counsel relied on therein) of counsel for receipt by the Borrower, dated as Bank of the Closing Date, substantially duly executed Security Agreement and related financial statements in the form of Exhibit B and covering such additional matters relating substance satisfactory to the transactions contemplated hereby as the Bank may reasonably requestBank;
(d) receipt by the Bank of a certificate (the "Closing Certificate") substantially in the form of Exhibit F)certificate, dated as the date of the Closing Datefirst Borrowing, signed by a principal financial officer of the Borrower, Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV V are true on and as of the date of the first Borrowing hereunder;; and
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the Note, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State (or other appropriate office) of the State jurisdiction of Delaware the Borrower's incorporation as to the good standing of the Borrower as a Delaware corporationcorporation of such jurisdiction, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower is a party;
(f) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and
(g) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such date.
Appears in 1 contract
Samples: Credit Agreement (Bull Run Corp)
Conditions to First Borrowing. The obligation of the each Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing Loans hereunder is subject to the satisfaction of each of the following conditions set forth in Section 3.02 and on or prior to the Closing Date:
(a) the receipt by the Bank Administrative Agent, on or prior to the Closing Date, of the following:
(ai) from each of the parties hereto of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrowersuch party (which, subject to Section 9.15(b), may include any Electronic Signatures transmitted by emailed .pdf or any other electronic means that reproduces an image of an actual executed signature page);
(bii) a duly executed Note complying with the provisions opinion letters of Section 2.04;
(c) an opinion letter (together with any opinions Xxxxxx & Bird LLP and of local counsel relied on therein) of counsel for Xxxxx X. Xxxxxx, Xxx., Associate General Counsel and Deputy Corporate Secretary to the Borrower, each dated as of the Closing Date, substantially in addressed to the form of Exhibit B Administrative Agent and the Banks and covering such additional matters relating to the transactions contemplated hereby as the Bank Administrative Agent may reasonably request;
(diii) a certificate (the "Closing Certificate") substantially in the form of Exhibit F)certificate, dated as of the Closing Date, signed by a principal financial officer of the Borrower, to the effect that (iA) no Default has occurred and is continuing on the date of the first Borrowing Closing Date and (iiB) the representations and warranties of the Borrower contained in Article IV IV-A are true and correct on and as of the date of the first Borrowing hereunder;Closing Date; and
(eiv) all documents which the Bank Administrative Agent may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement Agreement, the Notes and the Note, other Loan Documents and any other matters relevant heretohereto or thereto, all in form and substance reasonably satisfactory to the BankAdministrative Agent, including, without limitation, a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers officers, respectively, of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items, for the Borrower: (iA) the Borrower's Certificate Certificate/Articles of Incorporation, (iiB) the Borrower's Bylaws, (iiiC) a certificate of the Secretary of State of the State of Delaware as to the good standing of the Borrower as a Delaware corporationcorporation in that state, and (ivD) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes and the other Loan Documents to which the Borrower is a party;Documents.
(fb) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, The Administrative Agent and the instruments, agreements Arranger shall have received all fees and other documents required by Section 2.03(f); and
(g) cancellation amounts due and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan payable on the Closing Date, the Bank shall have received, the requisite number of days or prior to the Closing Date, a funding indemnification letter satisfactory including, to itthe extent invoiced, pursuant reimbursement or payment of all reasonable out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel) required to which (i) the Bank and be reimbursed or paid by the Borrower hereunder or under any other Loan Document.
(c) The Banks shall have agreed upon received all documentation and other information reasonably requested by the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter Banks or the failure to borrow such Fixed Rate Loan on such dateAdministrative Agent under applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Home Depot, Inc.)
Conditions to First Borrowing. The obligation of the each Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 3.05 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Administrative Agent from each of the parties hereto of either (i) a duly executed counterpart of the Letter this Agreement with the Bank, signed by such party or (ii) a facsimile transmission stating that such party has duly executed a counterpart of this Agreement and sent such counterpart to the BorrowerAdministrative Agent;
(b) receipt by the Administrative Agent of a duly executed Note for the account of each Bank complying with the provisions of Section 2.04;
(c) receipt by the Administrative Agent of (i) an opinion letter (together with any opinions of local counsel relied on therein) of Browx xxx Bunch, counsel for the Borrower, dated as of the Closing Date, substantially in the form of Exhibit B C hereto and covering such additional matters relating to the transactions contemplated hereby as the Administrative Agent or any Bank may reasonably request and (ii) opinions as to enforceability and related matters of the Deeds of Trust, the Assignments of Rents, and other documents with respect to the Collateral Agent's security interest in and lien upon the Initial Hotels;
(d) receipt by the Administrative Agent of an opinion of Wombxx Xxxlxxx Xxxxxxxxx & Xice, XXLC, special counsel for the Agents, dated as of the Closing Date, substantially in the form of Exhibit D hereto and covering such additional matters relating to the transactions contemplated hereby as the Agents may reasonably request;
(de) receipt by the Administrative Agent of a certificate (the "Closing Certificate") ), dated the date of the first Borrowing, substantially in the form of Exhibit F), dated as of the Closing DateG hereto, signed by a the principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunder;
(ef) receipt by the Administrative Agent of all documents which the Administrative Agent or any Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the NoteNotes, and any other matters relevant hereto, all in form and substance satisfactory to the BankAdministrative Agent, including, including without limitation, limitation a certificate of incumbency of the BorrowerBorrower (the "Officer's Certificate"), signed by the Secretary or an Assistant Secretary of the BorrowerCompany, substantially in the form of Exhibit E hereto, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State of Delaware as to the good standing of the Borrower as a Delaware corporation, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower is a party;
(f) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and
(g) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such date.signatures
Appears in 1 contract
Conditions to First Borrowing. The obligation of the each ----------------------------- Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing (or in the event no Borrowing is made on the Closing Date, on the Closing Date) is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank Agent of the following:following (as to the documents described in paragraphs (a),(c), (d) and (e) below (in sufficient number of counterparts for delivery of a counterpart to each Bank and retention of one counterpart by the Agent):
(a) from each of the parties hereto either (i) a duly executed counterpart of the Letter this Agreement with the Bank, signed by such party or (ii) a facsimile transmission stating that such party has duly executed a counterpart of this Agreement and sent such counterpart to the BorrowerAgent;
(b) from the relevant Borrower described in the definition of "Borrower", a duly executed Dollar Money Market Note and a duly executed Foreign Currency Money Market Note, and from the relevant Borrower described in the definition of "Borrower", a duly executed Syndicated Dollar Note and a duly executed Syndicated Foreign Currency Note, in each case for the account of each Bank complying with the provisions of Section 2.04; and from the Borrower a duly executed Swing Loan Note;
(ci) with respect to the Parent, an opinion letter of Xxxxxxxxxx Xxxxxxxx LLP, counsel for the Parent, together with an opinion of the Parent's General Counsel, both dated as of the Closing Date, which taken together cover substantially the opinions set forth in the form of opinion attached as Exhibit B and covering such additional matters relating to the --------- transactions contemplated hereby as the Agent or any Bank may reasonably request, and (ii) with respect to any other Borrower, an opinion letter of Xxxxxxxxxx Xxxxxxxx LLP or such other counsel acceptable to the Agent dated as of the Closing Date (or for the purposes of any delivery of any Borrower Acknowledgment and Agreement after the Closing Date, as of the date thereof), which cover substantially the opinions set forth in the form of opinion attached as Exhibit B and covering such additional matters relating --------- to the transactions contemplated hereby as the Agent or any Bank may reasonably request, including, without limitation, with respect to Borrowers located in jurisdictions outside of the state of Georgia, opinions confirming that the provisions of Section 9.12 and 9.16 are enforceable against such Borrower under the laws applicable to such jurisdiction to the extent public policy of such jurisdiction permits;
(d) an opinion letter (together with any opinions of local counsel relied on therein) of Xxxxx, Day, Xxxxxx & Xxxxx, special counsel for the BorrowerAgent, dated as of the Closing Date, substantially in the form of Exhibit B C --------- and covering such additional matters relating to the transactions contemplated hereby as the Bank Agent may reasonably request;
(de) a certificate (the "Closing Certificate") substantially in the form of Exhibit FG (the "Closing --------- Certificate"), dated as of the Closing Date, signed by a principal financial officer an Authorized Officer of the BorrowerParent, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing Closing Date and (ii) the representations and warranties of the Borrower Borrowers contained in Article IV are true on and as of the date of the first Borrowing hereunderClosing Date (x) as stated as to representations and warranties which contain materiality limitations, and (y) and in all material respects as to all other representations and warranties;
(ef) all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the Note, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, without limitation, a certificate of incumbency of the each Borrower, signed by the Secretary or an Assistant Secretary of the each Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the each Borrower's Certificate of IncorporationIncorporation or equivalent organic document, (ii) the each Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State each state of Delaware incorporation of Parent and each domestic Borrower as to the corporate good standing standing, respectively, of Parent and each Borrower, and, if available, a comparable certificate from the appropriate governing authorities of each foreign Borrower as a Delaware corporation, and (iv) the action taken by the Board of Directors of the each Borrower authorizing the such Borrower's execution, delivery and performance of this Agreement, the Note Notes and the other Loan Documents to which the such Borrower is a party;
(fg) in the event of a Borrowing on the Closing Date, a Notice of Borrowing or notification pursuant to Section 2.03(d2.03(e) of acceptance of one or more Offered Rate 100 Credit Money Market Quotes, as applicable, together with, if such Borrowing ;
(h) receipt by the Agent of a letter agreement whereby the Prior Credit Agreement is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f)terminated; and
(gi) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among fees payable pursuant to the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto's Letter Agreement. In addition, if the any Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank Agent shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank Agent and the Borrower relevant Borrowers shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower such Borrowers shall indemnify the Bank Banks from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such date.
Appears in 1 contract
Samples: Credit Agreement (Equifax Inc)
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance an Advance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 4.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note complying with the provisions of Section 2.042.03;
(c) an opinion letter (together with any opinions receipt by the Bank of local counsel relied on therein) satisfactory evidence of counsel for the termination of the Borrower, dated as 's contingent liabilities with respect to all Guaranties of the Closing Date, substantially in the form indebtedness of Exhibit B and covering such additional matters relating to the transactions contemplated hereby as the Bank may reasonably requestBull Run;
(d) receipt by the Bank of a certificate (the "Closing Certificate") substantially in the form of Exhibit F)certificate, dated as the date of the Closing Datefirst Borrowing, signed by a principal financial officer of the Borrower, Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV V are true on and as of the date of the first Borrowing hereunder;; and
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the Note, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State (or other appropriate office) of the State jurisdiction of Delaware the Borrower's incorporation as to the good standing of the Borrower as a Delaware corporationcorporation of such jurisdiction, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower is a party;
(f) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and
(g) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such date.
Appears in 1 contract
Samples: Credit Agreement (Bull Run Corp)
Conditions to First Borrowing. The obligation of the each Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing Syndicated Loans hereunder is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank Agent, on or prior to the Closing Date, of the following:
(a) from each of the parties hereto of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrowersuch party;
(b) a duly executed Note complying with the provisions of Section 2.04;
(c) an opinion letter (together with any opinions of local counsel relied on therein) of Xxxxxxx Xxxxxxx, Esq., counsel for to the Borrower, substantially in the form of Exhibit B, dated as of the Closing Date, substantially in the form of Exhibit B and covering such additional matters relating to the transactions contemplated hereby as the Agent or any Bank may reasonably request;
(dc) a certificate (the "Closing Certificate") substantially in the form of Exhibit F), dated as of the Closing Date, signed by a principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing Closing Date and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunderClosing Date;
(ed) all documents which the Agent or any Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement Agreement, the Notes, and the Note, other Loan Documents and any other matters relevant heretohereto or thereto, all in form and substance reasonably satisfactory to the BankAgent, including, without limitation, a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers officers, respectively, of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items, for the Borrower: (i) the Borrower's Certificate Certificate/Articles of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State state of Delaware incorporation as to the good standing of the Borrower as a Delaware corporationcorporation in that state, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes, and the other Loan Documents Documents;
(e) evidence reasonably satisfactory to which the Agent that the Borrower is a partyhas in force and effect insurance satisfying the requirements of Section 5.09;
(f) a Notice letter agreement whereby the Borrower's Credit Agreement dated as of Borrowing or notification pursuant to Section 2.03(d) September 17, 1999, is terminated and evidence of acceptance payment of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f)all amounts outstanding thereunder; and
(g) cancellation and termination of such other certificates or documents as the Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Agent or any Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such datemay reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Home Depot Inc)
Conditions to First Borrowing. The obligation of the each Bank to make a Loan or create Syndicated Loan, and of the Swing Line Lender to make a Banker's Acceptance Swing Line Loan, on the occasion of the first Syndicated Borrowing or Swing Line Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank Agent of the following:
(a) from each of the parties hereto of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrowersuch party;
(b) a duly executed (i) Syndicated Loan Note and (ii) Money Market Loan Note for the account of each Bank complying with the provisions of Section 2.04;
(c) a duly executed Swing Line Loan Note for the account of the Swing Line Lender complying with the provisions of Section 2.04;
(d) an opinion letter (together with any opinions of local counsel relied on therein) of Xxxxx X. Xxxxxxxxxx, counsel for to the Borrower, substantially in the form of Exhibit B, dated as of the Closing Date, substantially in the form of Exhibit B and covering such additional matters relating to the transactions contemplated hereby as the Agent or any Bank may reasonably request;
(de) a certificate (the "Closing Certificate") substantially in the form of Exhibit F), dated as of the Closing Date, signed by a principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunder;
(ef) all documents which the Agent or any Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement Agreement, the Notes, and the Note, other Loan Documents and any other matters relevant hereto, or thereto, all in form and substance reasonably satisfactory to the BankAgent, including, without limitation, a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers officers, respectively, of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items, for the Borrower: (i) the Borrower's Certificate Certificate/Articles of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State state of Delaware incorporation as to the good standing of the Borrower as a Delaware corporationcorporation in that state, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes, and the other Loan Documents to which the Borrower is a partyDocuments;
(fg) a Notice of Borrowing or notification pursuant to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, as applicable, together withMoney Market Quote Request, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); andapplicable;
(gh) cancellation evidence reasonably satisfactory to the Agent that the Borrower has in force and termination effect insurance satisfying the requirements of Section 5.10;
(i) letter agreement whereby the Credit Agreement dated as of October 1December 20, 1993, as amended, between 1995 by and among The Home Depot, Inc. and certain of the Borrower, NationsBank Banks is terminated and evidence of Georgia, National Association, payment of all amounts outstanding thereunder; and
(j) such other certificates or documents as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Agent or any Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such datemay reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Home Depot Inc)
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance an Advance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 4.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note Notes complying with the provisions of Section 2.042.03;
(c) an opinion letter (together with any opinions of local counsel relied on therein) of counsel for receipt by the Borrower, dated as Bank of the Closing Dateduly executed Security Agreement, substantially Pledge Agreement and related financing statements in the form of Exhibit B and covering such additional matters relating substance satisfactory to the transactions contemplated hereby as the Bank may reasonably requestBank;
(d) receipt by the Bank of a certificate (the "Closing Certificate") substantially in the form of Exhibit F)certificate, dated as the date of the Closing Datefirst Borrowing, signed by a principal financial officer of the Borrower, Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV V are true on and as of the date of the first Borrowing hereunder;
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the NoteNotes, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State (or other appropriate office) of the State jurisdiction of Delaware the Borrower's incorporation as to the good standing of the Borrower as a Delaware corporationcorporation of such jurisdiction, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes and the other Loan Documents to which the Borrower is a party;
(f) a Notice receipt by the Bank of Borrowing or notification pursuant an opinion of counsel of Alstxx & Xird LLP, counsel for the Borrower, substantially in the form of Exhibit D hereto, and covering such additional matters relating to Section 2.03(d) of acceptance of one or more Offered Rate 100 Credit Quotes, the transactions contemplated hereby as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f)Bank may reasonably request; and
(g) cancellation and termination all indebtedness of the Borrower to the Bank under the 1998 Credit Agreement dated as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which been repaid in full (i) the Bank and the Borrower or shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising be repaid in full with proceeds from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such dateinitial Advances hereunder).
Appears in 1 contract
Samples: Credit Agreement (Bull Run Corp)
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by Bank of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrowerall parties;
(b) receipt by Bank of a duly executed Syndicated Note and a duly executed Money Market Note for the account of Bank complying with the provisions of Section 2.04;
(c) receipt by Bank of an opinion letter (together with any opinions of local counsel relied on therein) of Baker, Donelson, Bearman & Caldwell, P.C., counsel for the Borrower, dated as of the Closing Date, substantially sxxxxxxxxally in the form of Exhibit B C hereto and covering such additional matters relating to the transactions contemplated hereby as the Bank may reasonably request;; 24
(d) receipt by Bank of a certificate (the "Closing Certificate") ), dated the date of the first Borrowing, substantially in the form of Exhibit F), dated as of the Closing DateF hereto, signed by a principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunder;
(e) receipt by Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the NoteNotes, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of Borrower (the Borrower"Officer's Certificate"), signed by the Secretary or an Assistant Secretary of Borrower, substantially in the Borrowerform of Exhibit G hereto, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State of Delaware as to the good standing of the Borrower as a Delaware corporation, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes and the other Loan Documents to which the Borrower is a party;
(f) receipt by Bank of a Notice of Borrowing (in the case of a Syndicated Borrowing) or notification pursuant to Section 2.03(d) of acceptance a Money Market Quote Request (in the case of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Money Market Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and
(g) cancellation and termination receipt by Bank of the Credit Agreement dated such other documents or items as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such dateits counsel may reasonably request.
Appears in 1 contract
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Bank of the followingfollowing conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note for the account of the Bank complying with the provisions of Section 2.042.03;
(c) receipt by the Bank of an opinion letter (together with any opinions of local counsel relied on therein) of Xxxxx, Day, Xxxxxx & Xxxxx, counsel for the Borrower, dated as of the Closing Date, substantially in the form of Exhibit B hereto and covering such additional matters relating to the transactions contemplated hereby as the Bank may reasonably request;
(d) receipt by the Bank of a certificate (the "Closing Certificate") ), dated the Closing Date, substantially in the form of Exhibit F), dated as of the Closing DateC hereto, signed by a principal financial officer of the Borrower, to the effect that (i) no Default has occurred and is continuing on the date of the first Borrowing Closing Date and (ii) the representations and warranties of the Borrower contained in Article IV are true on and as of the date of the first Borrowing hereunderClosing Date;
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and Agreement, the Note, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of from the BorrowerBorrower (the "Officer's Certificate"), signed by the Secretary or an Assistant Secretary of the BorrowerBorrower substantially in the form of Exhibit D hereto, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan DocumentsDocuments to which it is a party, and certified copies of the following itemsitems with respect to the Borrower: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State of the State state of Delaware organization of the Borrower as to the good standing of the Borrower as a Delaware corporationcorporation organized under the laws of such state, and (iv) the action taken by the Board Boards of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower it is a party;
(f) receipt by the Bank of the Pledge Agreement and UCC Financing Statements in form and substance satisfactory to the Bank in its sole discretion, duly executed by the Borrower, granting to the Bank a Notice first priority security interest in the stock or other equity interests held by the Borrower in all Subsidiaries of Borrowing the Borrower, and receipt of any stock certificates or notification pursuant to Section 2.03(d) evidence of acceptance the registration of one or more Offered Rate 100 Credit Quotes, the Bank's security interest in the corporate records of such Subsidiaries all as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f)the Pledge Agreement;
(g) receipt by the Bank from each Insurance Subsidiary of a certificate signed by the Chief Actuary or Chief Financial Officer of such Insurance Subsidiary to the effect that the reserves of such Insurance Subsidiary are adequate under statutory accounting principles and the applicable laws of the state under the laws of which such Insurance Subsidiary was organized or incorporated as of December 31, 1998; and
(gh) cancellation and termination of the Credit Agreement dated such other items as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such dateits counsel may reasonably request.
Appears in 1 contract
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance an Advance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 4.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note Notes complying with the provisions of Section 2.042.03;
(c) an opinion letter (together with any opinions of local counsel relied on therein) of counsel for receipt by the Borrower, dated as Bank of the Closing Dateduly executed Security Agreement, substantially Pledge Agreement and related financing statements in the form of Exhibit B and covering such additional matters relating substance satisfactory to the transactions contemplated hereby as the Bank may reasonably requestBank;
(d) receipt by the Bank of a certificate (the "Closing Certificate") substantially in the form of Exhibit F)certificate, dated as the date of the Closing Datefirst Borrowing, signed by a principal financial officer of the Borrower, Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Borrowing and (ii) the representations and warranties of the Borrower contained in Article IV V are true on and as of the date of the first Borrowing hereunder;
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement and the NoteNotes, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the Borrower, certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State (or other appropriate office) of the State jurisdiction of Delaware the Borrower's incorporation as to the good standing of the Borrower as a Delaware corporationcorporation of such jurisdiction, and (iv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note Notes and the other Loan Documents to which the Borrower is a party;; and
(f) a Notice receipt by the Bank of Borrowing or notification pursuant to Section 2.03(d) an opinion of acceptance counsel of one or more Offered Rate 100 Credit QuotesXxxxxx & Bird LLP, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, the instruments, agreements and other documents required by Section 2.03(f); and
(g) cancellation and termination of the Credit Agreement dated as of October 1, 1993, as amended, between and among counsel for the Borrower, NationsBank substantially in the form of Georgia, National Association, as Documentation AgentExhibit D hereto, and covering such additional matters relating to the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, transactions contemplated hereby as the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such datemay reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Bull Run Corp)
Conditions to First Borrowing. The obligation of the Bank to make a Loan or create a Banker's Acceptance an Advance on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 4.02 and receipt by the Bank of the followingfollowing additional conditions:
(a) receipt by the Bank from the Borrower of a duly executed counterpart of the Letter this Agreement with the Bank, signed by the Borrower;
(b) a receipt by the Bank of the duly executed Note complying with the provisions of Section 2.042.03;
(c) receipt by the Bank of an opinion letter (together with any opinions of local counsel relied on therein) of Gallop, Johnson & Neuman, L.C., counsel for the BorrowerBorrower and Guarantors, dated as of the Closing Date, substantially in the form subxxxxxxxlly xx xxx xxxx of Exhibit B hereto, and covering such additional matters relating to the transactions contemplated hereby as the Bank may reasonably request;
(d) receipt by the Bank of a certificate certificate, dated the Closing Date and substantially in the form attached hereto at Exhibit D (the "Closing Certificate") substantially in the form of Exhibit F), dated as of the Closing Date, signed by a principal financial officer of the Borrower, Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Borrowing Closing Date and (ii) the representations and warranties of the Borrower contained in Article IV V are true on and as of the Closing Date; and if the first Advance is made by the Bank after the Closing Date, receipt by the Bank of a certificate, dated the date of the first Advance, signed by a principal financial officer of the Borrower to the effect that (i) no Default hereunder has occurred and is continuing on the date of the first Advance and (ii) the representations and warranties of the Borrower contained in Article V are true on and as of the date of the first Borrowing Advance hereunder;
(e) receipt by the Bank of all documents which the Bank may reasonably request relating to the existence of the Borrower, the corporate authority for and the validity of this Agreement Agreement, the Note and the Noteother Loan Documents to which the Borrower is a party, and any other matters relevant hereto, all in form and substance satisfactory to the Bank, including, including without limitation, limitation a certificate of incumbency of the Borrower, signed by the Secretary or an Assistant Secretary of the BorrowerBorrower and substantially in the form of Exhibit E hereto (the "Officer's Certificate"), certifying as to the names, true signatures and incumbency of the officer or officers of the Borrower authorized to execute and deliver the Loan Documents, and certified copies of the following items: (i) the Borrower's Certificate of Incorporation, (ii) the Borrower's Bylaws, (iii) a certificate of the Secretary of State (or other appropriate office) of the State jurisdiction of Delaware the Borrower's incorporation as to the good standing of the Borrower as a Delaware corporationcorporation of such jurisdiction, (iv) a certificate of the Secretary of State of North Carolina as to the good standing of the Borrower as a foreign corporation under the laws of the State of North Carolina, and (ivv) the action taken by the Board of Directors of the Borrower authorizing the Borrower's execution, delivery and performance of this Agreement, the Note and the other Loan Documents to which the Borrower is a party;
(f) receipt by the Bank of the duly executed FMA Agreement, together with all Schedules and supplements thereto;
(g) duly executed UCC financing statements and a Notice duly executed Security Agreement (the "Security Agreement") from the Borrower granting to or for the benefit of Borrowing the Bank a first priority lien on and security interest in the Collateral;
(h) receipt by the Bank of a Guaranty Agreement satisfactory in form and substance to the Bank (the "Guaranty Agreement"), and duly executed by S. Leslie Flegel, Elynor Flegel, William H. Lee, Jr., and Theresa O. Xxx (xxxxxx colxxxxxxxxx xxxxrrex xx xx xxx "Xxxxxxtors") xx xxx xx xxxor of the Bank;
(i) policies of insurance or notification certificates evidencing such policies (with loss payable clauses satisfactory to the Bank) as required pursuant to Section 2.03(dthe Security Agreement;
(j) a Quarterly Receivables Certification dated as of acceptance July 31, 1996 and the financial information required in Sections 6.01(b) and (c) with respect to the Fiscal Quarter ending July 31,1996;
(k) Uniform Commercial Codes searches confirming the Bank's first lien position with respect to the Collateral;
(l) receipt by the Bank of one or more Offered Rate 100 Credit Quotes, as applicable, together with, if such Borrowing is a Banker's Acceptance Borrowing, payment of the instruments, agreements and other documents required by Section 2.03(f)Commitment Fee; and
(gm) cancellation and termination of the Credit Agreement dated such other documents or items as of October 1, 1993, as amended, between and among the Borrower, NationsBank of Georgia, National Association, as Documentation Agent, and the Lenders parties thereto. In addition, if the Borrower desires funding of a Fixed Rate Loan on the Closing Date, the Bank shall have received, the requisite number of days prior to the Closing Date, a funding indemnification letter satisfactory to it, pursuant to which (i) the Bank and the Borrower shall have agreed upon the interest rate, amount of Borrowing and Interest Period for such Fixed Rate Loan, and (ii) the Borrower shall indemnify the Bank from any loss or expense arising from the failure to close on the anticipated Closing Date identified in such letter or the failure to borrow such Fixed Rate Loan on such dateits counsel may reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Source Co)
