Common use of Discharge Only Upon Payment In Full Clause in Contracts

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 SECTION 9.04. Waiver by CFSC 81 SECTION 9.05. Subrogation 81 SECTION 9.06. Stay of Acceleration 81 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (4-Year Facility) Dated as of September 16, 2010 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plc, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

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Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 99 SECTION 9.04. Waiver by CFSC 81 99 SECTION 9.05. Subrogation 81 99 SECTION 9.06. Stay of Acceleration 81 99 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Fee and Applicable Margin Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent [Reserved] Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum THIRD AMENDED AND RESTATED CREDIT AGREEMENT (4Three-Year Facility) Dated as of September 161, 2010 2022 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance LimitedDesignated Activity Company, a corporation designated activity company organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFCCFKK”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), CitibankXxxxxxxx, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJMUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 91 SECTION 9.04. Waiver by CFSC 81 91 SECTION 9.05. Subrogation 81 91 SECTION 9.06. Stay of Acceleration 81 91 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent [Reserved] Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (42019 364-Year Day Facility) Dated as of September 165, 2010 2019 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance LimitedDesignated Activity Company, a corporation designated activity company organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFCCFKK”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJMUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 100 SECTION 9.04. Waiver by CFSC 81 100 SECTION 9.05. Subrogation 81 101 SECTION 9.06. Stay of Acceleration 81 101 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Fee and Applicable Margin Table Schedule ERISA Matters 4.01(h) III Departing Bank Schedule EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent [Reserved] Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum SECOND AMENDED AND RESTATED CREDIT AGREEMENT (4Three-Year Facility) Dated as of September 165, 2010 2019 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance LimitedDesignated Activity Company, a corporation designated activity company organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFCCFKK”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJMUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 97 SECTION 9.04. Waiver by CFSC 81 98 SECTION 9.05. Subrogation 81 98 SECTION 9.06. Stay of Acceleration 81 98 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Fee and Applicable Margin Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent [Reserved] Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum THIRD AMENDED AND RESTATED CREDIT AGREEMENT (4Five-Year Facility) Dated as of September 161, 2010 2022 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance LimitedDesignated Activity Company, a corporation designated activity company organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFCCFKK”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), CitibankXxxxxxxx, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJMUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 83 SECTION 9.04. Waiver by CFSC 81 84 SECTION 9.05. Subrogation 81 84 SECTION 9.06. Stay of Acceleration 81 84 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Grid Schedule ERISA Matters 4.01(h) ERISA EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (4364-Year Day Facility) Dated as of September 1615, 2010 2011 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plc, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 SECTION 9.04. Waiver by CFSC 81 SECTION 9.05. Subrogation 81 TABLE OF CONTENTS SECTION 9.06. Stay of Acceleration 81 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (4Five-Year Facility) Dated as of September 1615, 2010 2011 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plc, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 88 SECTION 9.04. Waiver by CFSC 81 88 SECTION 9.05. Subrogation 81 88 SECTION 9.06. Stay of Acceleration 81 88 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule 4.01(h) ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent [Reserved] Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (42017 364-Year Day Facility) Dated as of September 167, 2010 2017 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance LimitedDesignated Activity Company, a corporation designated activity company organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFCCFKK”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 79 SECTION 9.04. Waiver by CFSC 81 79 SECTION 9.05. Subrogation 81 79 SECTION 9.06. Stay of Acceleration 81 79 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Grid Schedule ERISA Matters 4.01(h) ERISA EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (4Five-Year Facility) Dated as of September 1615, 2010 2011 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plc, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 82 SECTION 9.04. Waiver by CFSC 81 82 SECTION 9.05. Subrogation 81 83 SECTION 9.06. Stay of Acceleration 81 83 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule III – Departing Bank Schedule Schedule 4.01(h) ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum AMENDED AND RESTATED CREDIT AGREEMENT (4Five-Year Facility) Dated as of September 1610, 2010 2015 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plcLimited, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Financial Services Corp)

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Discharge Only Upon Payment In Full. Reinstatement in In Certain Circumstances 80 SECTION 9.04134 Section 11.04. Waiver by CFSC 81 SECTION 9.05By The Company 134 TABLE OF CONTENTS (continued) Page Section 11.05. Subrogation 81 SECTION 9.06134 Section 11.06. Stay of Acceleration 81 SCHEDULES 134 Exhibit A — Swing Line Loan Notice Exhibit B — Notice of Borrowing Exhibit C — Notice of Continuation/Conversion Exhibit D-1 — Revolving Note Exhibit D-3 — Term Note Exhibit E — Compliance Certificate Exhibit F — Assignment and Assumption Exhibit G — Guaranty Agreement Exhibit H — Designated Borrower Request and Assumption Agreement Exhibit I — Designated Borrower Notice Schedule I 1(a) — Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table 1(b) — Mandatory Costs Schedule ERISA Matters 4.01(h1(c) EXHIBITS Exhibit A Form — Existing Letters of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel Schedule 5.3 — Contingent Liabilities Schedule 5.5 — Litigation Schedule 5.10(a) — Restricted Subsidiaries Schedule 5.10(b) — Unrestricted Subsidiaries Schedule 5.17 — Capitalization Schedule 5.21 — Affiliate Transactions Schedule 6.13 — Existing Liens Schedule 6.15 — Permitted Investments Schedule 6.15(A) — Existing Investments in Non-Joint Ventures Schedule 10.8 — Administrative Agent’s Office; Certain Addresses for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum Notices AMENDED AND RESTATED MULTICURRENCY CREDIT AGREEMENT This Amended and Restated Multicurrency Credit Agreement (4-Year Facilitythis “Agreement”) Dated is entered into as of September 16August 11, 2010 Caterpillar 2011, by and among Cliffs Natural Resources Inc., a Delaware an Ohio corporation (the CaterpillarCompany”), Caterpillar Financial Services Corporationcertain Foreign Subsidiaries of the Company that may become a party hereto pursuant to Section 2.14 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a Delaware corporation (CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFCBorrower”), the financial various institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant from time to Section 2.05(c)time party to this Agreement as Lenders, in each case together with their respective successors and assigns (the “Banks”), CitibankBank of America, N.A. (“CitibankBank of America”), as agent (the “Administrative Agent”) for the Banks hereunder, Citibank International plcSwing Line Lender and L/C Issuer, JPMorgan Chase Bank, N.A., as Syndication Agent and L/C Issuer, Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, X.X. Xxxxxx Securities LLC, Citigroup Global Markets Inc., PNC Capital Markets Inc. and U.S. Bank National Association, as Joint Lead Arrangers and Joint Book Managers, and Fifth Third Bank and RBS Citizens, N.A., as Co-Documentation Agents. The Company, certain of the Local Currency Lenders, the L/C Issuers and Bank of America, as Administrative Agent, L/C Issuer and the Swing Line Lender, are party to the Existing Credit Agreement (such terms and other capitalized terms used in these preliminary statements being defined in Section 1.01 hereof). The Bank Company has requested, and the Lenders have agreed to amend and restate the Existing Credit Agreement on the terms and conditions of Tokyo-Mitsubishi UFJthis Agreement, Ltd.and upon satisfaction of the conditions set forth herein, as the Japan Local Currency Agentprovisions of the Existing Credit Agreement are being amended and restated in the form of this Agreement. In consideration of the mutual agreements set forth in this Agreement, the parties to this Agreement agree that the Existing Credit Agreement shall be amended and restated in its entirety to read as follows:

Appears in 1 contract

Samples: Assignment and Assumption (Cliffs Natural Resources Inc.)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 86 SECTION 9.04. Waiver by CFSC 81 87 SECTION 9.05. Subrogation 81 87 SECTION 9.06. Stay of Acceleration 81 SCHEDULES 87 Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule 4.01(h) ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (42015 364-Year Day Facility) Dated as of September 1610, 2010 2015 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plcLimited, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 SECTION 9.04. Waiver by CFSC 81 SECTION 9.05. Subrogation 81 SECTION 9.06. Stay of Acceleration 81 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (4Five-Year Facility) Dated as of September 1615, 2010 2011 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plc, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 87 SECTION 9.04. Waiver by CFSC 81 88 SECTION 9.05. Subrogation 81 88 SECTION 9.06. Stay of Acceleration 81 88 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule 4.01(h) ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum CREDIT AGREEMENT (42016 364-Year Day Facility) Dated as of September 168, 2010 2016 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance CorporationKabushiki Kaisha, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International plcLimited), as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Inc)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 82 SECTION 9.04. Waiver by CFSC 81 82 SECTION 9.05. Subrogation 81 83 SECTION 9.06. Stay of Acceleration 81 83 SCHEDULES Schedule I Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table Schedule III — Departing Bank Schedule Schedule 4.01(h) ERISA Matters 4.01(h) EXHIBITS Exhibit A Form of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum AMENDED AND RESTATED CREDIT AGREEMENT (4Three-Year Facility) Dated as of September 1610, 2010 2015 Caterpillar Inc., a Delaware corporation (“Caterpillar”), Caterpillar Financial Services Corporation, a Delaware corporation (“CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFC”), the financial institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the “Banks”), Citibank, N.A. (“Citibank”), as agent (the “Agent”) for the Banks hereunder, Citibank International plcLimited, as the Local Currency Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as the Japan Local Currency Agent, agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Caterpillar Financial Services Corp)

Discharge Only Upon Payment In Full. Reinstatement in Certain Circumstances 80 SECTION 9.04122 Section 10.04. Waiver by CFSC 81 SECTION 9.05the Company 122 Section 10.05. Subrogation 81 SECTION 9.06122 Section 10.06. Stay of Acceleration 81 SCHEDULES 122 Exhibit A — Swing Line Loan Notice Exhibit B — Notice of Borrowing Exhibit C — Notice of Continuation/Conversion Exhibit D-1 — Revolving Note Exhibit E — Form of Extension of Termination Date Request Exhibit F — Assignment and Assumption Exhibit G — Form of Guaranty Exhibit H — Forms of Tax Compliance Certificates Schedule I — Initial Guarantors Schedule 1(a) — Commitments Schedule II Commitment Fee, CDS Floor, CDS Cap Table 1(b) — Mandatory Costs Schedule ERISA Matters 4.01(h1(c) EXHIBITS Exhibit A Form — Existing Letters of Note Exhibit B-1 Form of Notice of Revolving Credit Borrowing Exhibit B-2 Form of Notice of Local Currency Borrowing Exhibit B-3 Form of Notice of Japan Local Currency Borrowing Exhibit B-4 Form of Notice of Allocation Exhibit B-5 Form of Notice of Bank Addition Exhibit C-1 Form of Assignment and Acceptance Exhibit C-2 Form of Assumption and Acceptance Exhibit D Form of Opinion of Counsel Schedule 4.11 — Significant Subsidiaries Schedule 5.01 — Internet Website Address Schedule 9.07 — Administrative Agent’s Office; Certain Addresses for each of Caterpillar and CFSC Exhibit E Form of Opinion of Special New York Counsel to the Agent Exhibit F-1 Form of Compliance Certificate (Caterpillar) Exhibit F-2 Form of Compliance Certificate (CFSC) Exhibit G-1 Form of Local Currency Addendum Exhibit G-2 Form of Japan Local Currency Addendum Notices CREDIT AGREEMENT (4-Year Facility) Dated This Credit Agreement is entered into as of September 16May 4, 2010 Caterpillar Inc.2012, by and among LYONDELLBASELL INDUSTRIES N.V., a naamloze vennootschap (a public limited liability company) formed under the laws of The Netherlands (the “Company”), LYB AMERICAS FINANCE COMPANY, a Delaware corporation (the Caterpillar”)Co-Borrower” and, Caterpillar Financial Services Corporationtogether with the Company, the “Borrowers” and each, a Delaware corporation (CFSC”), Caterpillar International Finance Limited, a corporation organized under the laws of Ireland (“CIF”), Caterpillar Finance Corporation, an entity organized under the laws of Japan (“CFCBorrower”), the financial various institutions listed on the signature pages hereof and those financial institutions that become “Added Banks” pursuant from time to Section 2.05(c)time party to this Agreement as Lenders, in each case together with their respective successors and assigns (the “Banks”), CitibankBANK OF AMERICA, N.A. (“CitibankBank of America”), as agent (the “Administrative Agent”) for the Banks hereunder, Citibank International plcSwing Line Lender and L/C Issuer, DEUTSCHE BANK SECURITIES INC., as the Local Currency Syndication Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd.DEUTSCHE BANK AG NEW YORK BRANCH, as the Japan Local Currency AgentL/C Issuer, agree XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and DEUTSCHE BANK SECURITIES INC., as follows:Joint Lead Arrangers and Joint Book Managers, and X.X. XXXXXX SECURITIES LLC, CREDIT SUISSE SECURITIES (USA) LLC, BARCLAYS BANK PLC, CITIBANK, N.A., HSBC SECURITIES (USA) INC., ING BANK N.V. and XXXXX FARGO SECURITIES, LLC, as Documentation Agents.

Appears in 1 contract

Samples: Guaranty Agreement (LyondellBasell Industries N.V.)

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