Date of Loan. The requested date of the proposed Loan is , . ---------- ----------
Date of Loan. The requested date of the proposed Loan is , 19 .
Date of Loan. Must be $100,000 or if greater an integral multiple of $50,000, unless a Base Rate Refunding Loan. The Borrower hereby requests that the proceeds of Loans described in this Borrowing Notice be made available to the Borrower as follows: [insert transmittal instructions] . The undersigned hereby certifies that:
Date of Loan. (1) Must be $500,000 or if greater an integral multiple of $100,000, unless a Base Rate Refunding Loan. The Borrower hereby requests that the proceeds of Swing Line Loans described in this Borrowing Notice be made available to the Borrower as follows: [insert transmittal instructions] . The undersigned hereby certifies that:
1. No Default or Event of Default has occurred and is continuing either now or after giving effect to the borrowing described herein; and
2. All the representations and warranties set forth in Article VII of the Agreement and in the Loan Documents (other than those expressly stated to refer to a particular date) are true and correct as of the date hereof except that the reference to the financial statements in Section 7.6(a) of the Agreement shall be deemed to refer to those financial statements most recently delivered to you pursuant to Section 8.1 of the Agreement (it being understood that any financial statements delivered pursuant to Section 8.1(b) have not been certified by independent public accountants).
3. All conditions contained in the Agreement to the making of any Loan requested hereby have been met or satisfied in full.
Date of Loan. (1) Must be $500,000 or if greater an integral multiple of $100,000, unless a Base Rate Refunding Loan. The Borrower hereby requests that the proceeds of Swing Line Loans described in this Borrowing Notice be made available to the Borrower as follows: [insert transmittal instructions] . The undersigned hereby certifies that:
1. No Default or Event of Default exists either now or after giving effect to the borrowing described herein; and
2. All the representations and warranties set forth in Article VIII of the Agreement and in the Loan Documents (other than those expressly stated to refer to a particular date) are true and correct as of the date hereof except that the reference to the financial statements in Section 8.6(a) of the Agreement are to those financial statements most recently delivered to you pursuant to Section 9.1 of the Agreement and attached hereto are any changes to the Schedules referred to in connection with such representations and warranties. 158
3. All conditions contained in the Agreement to the making of any Loan requested hereby have been met or satisfied in full. WINDMERE-DURABLE HOLDINGS, INC. BY: ------------------------------- Authorized Representative DATE: ----------------------------- 159 EXHIBIT E Form of Interest Rate Selection Notice To: NationsBank, National Association, Independence Center, 15th Xxxxx XX0-000-00-00 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Agency Services Telefacsimile: (704)000-0000 Reference is hereby made to the Amended and Restated Credit Agreement dated as of August 7, 1998 (the "Agreement") among Windmere-Durable Holdings, Inc. (the "Borrower"), the Lenders (as defined in the Agreement), and NationsBank, National Association, as Agent for the Lenders ("Agent"). Capitalized terms used but not defined herein shall have the respective meanings therefor set forth in the Agreement. The Borrower through its Authorized Representative hereby gives notice to the Agent of the following selection of a type of Loan and Interest Period: Type of Loan Interest Aggregate (check one) Period(1) Amount(2) Date of Loan(3) ------------ --------- --------- --------------- Term Loan A Segment ------------------- -- Base Rate Loan -- Eurodollar Rate Loan Term Loan B Segment ------------------- -- Base Rate Loan -- Eurodollar Rate Loan Revolving Loan -------------- -- Base Rate Loan -- Eurodollar Rate Loan -----------------------
Date of Loan. Must be $1,000,000 or if greater an integral multiple of $1,000,000. The Borrower hereby requests that the proceeds of Swing Line Loans described in this Borrowing Notice be made available to the Borrower as follows: [INSERT TRANSMITTAL INSTRUCTIONS]. The undersigned hereby certifies that:
Date of Loan. The Parties acknowledge that the date on which the Lender agrees to remit funds to the Borrower pursuant to the separate Execution Agreement to Loan Agreement with the Borrower is the Date of Loan. Subject to Xxxxxxxx’s performance in strict accordance with the Agreement, the Parties acknowledge that the interest rate on the loan under the Agreement shall be determined as follows:
(1) The interest rate for loans of less than one year shall be a fixed lending rate, i.e. 3.75% per annum.
(2) The interest rate for loans of more than one year shall be the higher of the quoted market interest rate (LPR) for loans of more than one year (inclusive) and less than five years (if any) published by the People’s Bank of China on the date of drawdown plus 60 basis points (1 basis point = 0.01%), or a fixed lending rate of 4.05% per annum.
