Existing Agreements Superseded. In the case of each Fund, to the extent that this Agreement provides for expense limit arrangements for the same classes of the Fund to which an existing expense limit agreement relates (each an "Existing Agreement"), this Agreement shall supersede and replace the Existing Agreement.
Existing Agreements Superseded. As set forth in subsection 1.3 hereof, the Original Credit Agreement is superseded by this Credit Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Original Credit Agreement.
Existing Agreements Superseded. In the case of each Fund, to the extent that this Agreement provides for expense limit arrangements for the same classes of the Fund to which an existing expense limit agreement relates (each an "Existing Agreement"), this Agreement shall supersede and replace the Existing Agreement. In witness whereof, the parties hereto have caused this Agreement to be signed as of the 15th day of September, 2006. Each of the Funds Listed on Annex A. By: /s/ Osbert M. Hood -------------------------- Name: Osbert M. Hood Title: Executive Vice President PIONEER INVESTMENT MANAGEMENT, INC.
Existing Agreements Superseded. (a) As and to the extent set forth in Section 1.4, the Fifth Restated Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Fifth Restated Credit Agreement.
(b) Each Lender which has consented to or is party to the Second Amendment consents to and agrees to the terms of the Second Amendment and the amendments of this Agreement effectuated pursuant thereto.
Existing Agreements Superseded. 94 10.18 Closing Date Loans and Assignments.............................................................94 EXHIBITS Exhibit A-1 Form of Revolving Credit Note Exhibit A-2 Form of Swing Line Note Exhibit B-1 Form of Parent Guarantee Exhibit B-2 Form of Subsidiary Guarantee Exhibit B-3 Form of Parent Pledge Agreement Exhibit B-4A Form of Borrower Pledge Agreement Exhibit B-4B Form of Charge Over Shares Exhibit B-5 Form of Subsidiary Pledge Agreement Exhibit C-1 Form of Legal Opinion of Xxxxxxx Xxxxxxx and Xxxxxxxx Exhibit C-2 Form of Internal Counsel Opinion Exhibit D Form of Borrowing Certificate Exhibit E Form of Certificate of Non-U.S. Lender Exhibit F Form of Assignment and Acceptance Exhibit G Form of Increased Commitment Agreement Exhibit H Form of Lender Addition Agreement SCHEDULES Schedule I Lenders and Commitments Schedule II Pricing Grid Schedule III Transaction Documents Schedule 4.4 Required Consents Schedule 4.5 No Legal Bar Schedule 4.6 Material Litigation Schedule 4.9 Intellectual Property Claims Schedule 4.10 Taxes Schedule 4.14 Subsidiaries Schedule 7.2(f) Existing Indebtedness Schedule 7.3(f) Existing Liens Schedule 7.4 Existing Guarantee Obligations Schedule 7.9(c) Officers THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 16, 2001, among L-3 Communications Corporation, a Delaware corporation (the "Borrower") which is wholly owned by L-3 Communications Holdings, Inc., a Delaware corporation ("Holdings"), the several banks and other financial institutions or entities from time to time parties hereto (the "Lenders"), Banc of America Securities LLC ("BAS") and Xxxxxx Brothers, Inc. ("LBI"), as arrangers (each, in such capacity, an "Arranger" and together, the "Arrangers"), Bank of America, N.A. ("BOA"), as administrative agent for the Agents (as defined below) and the Lenders (in such capacity, the "Administrative Agent"), Xxxxxx Commercial Paper Inc. ("LCPI"), as syndication agent and documentation agent (in such capacity, the "Syndication Agent" and the "Documentation Agent"), and certain financial institutions named as senior managing-agents, AMENDS AND RESTATES IN FULL the Second Amended and Restated Credit Agreement, dated as of April 24, 2000 (as amended, supplemented and/or modified from time to time prior to the date hereof, the "Original Credit Agreement"), among the Borrower, the lenders party thereto from time to time (the "Original Lenders"), BAS and LCPI as arrangers, the Syndication Agent, Documentation Agent, th...
Existing Agreements Superseded. As set forth in Section 1.4 hereof, the 1996 Credit Agreement is superseded by this Credit Agreement, which has been executed in renewal, amendment, restatement and modification, but not in extinguishment of, the obligations under the 1996 Credit Agreement. 97 103
Existing Agreements Superseded. 97 ANNEXES Annex I - List of Lenders and Commitment Amounts EXHIBITS Exhibit A - Form of Revolving Note Exhibit B - Form of Compliance Certificate Exhibit C - Form of Borrowing Base Certificate Exhibit D - Form of Collateral Access Agreement Exhibit E - Form of Notice of Borrowing Exhibit F - Form of Assignment and Assumption Agreement Exhibit G - Form of Notice of Continuation Exhibit H - Form of Notice of Conversion Exhibit I - Form of Bailee Notice SCHEDULES Schedule A - Closing Documents List Schedule B - Disclosure Schedule Schedule C - Qualified Account Debtors SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of April 8, 1997 among WICKES LUMBER COMPANY, a Delaware corporation (and any permitted successor or assign, the "Borrower"), and each of those financial institutions identified as Lenders on Annex I hereto (together with each of their successors and assigns, referred to individually as a "Lender" and collectively as the "Lenders"), BT COMMERCIAL CORPORATION, acting in the manner and to the extent described in Article 10 hereof (in such capacity, the "Agent"), NATIONSBANK OF GEORGIA, N.A., as Syndication Agent (the "Syndication Agent"), and Bankers Trust Company, as issuer of letters of credit (in such capacity, the "Issuing Bank"), AMENDS AND RESTATES IN FULL the Amended and Restated Credit Agreement, dated as of March 12, 1996 among the Borrower, the lenders thereunder, the Agent and the Issuing Bank (the "1996 Credit Agreement") (this amendment and restatement of the 1996 Credit Agreement, the "Credit Agreement").
Existing Agreements Superseded. As and to the extent set forth in Section 1.4, the Fourth Restated Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Fourth Restated Credit Agreement.
Existing Agreements Superseded. As set forth herein, the Existing Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Existing Credit Agreement. Delivered at Chicago, Illinois, as of the day and year first above written. NASHUA CORPORATION By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------ Title: Chief Financial Officer LASALLE BANK NATIONAL ASSOCIATION, as Agent, Issuing Bank and as a Bank By: /s/ Xxx X. Xxxxxx ------------------------------------ Title: SVP BANK OF AMERICA, as a Bank By: /s/ Xxxxxxx X. Xxxxxxx ------------------------------------ Title: SVP Exhibit A Form of Revolving Loan Note Exhibit B Form of Term Loan Note Exhibit C Form of Compliance Certificate Exhibit D Form of Second Amended and Restated Security Agreement Exhibit E Form of Borrowing Base Certificate Exhibit F Form of Guaranty Exhibit G Form of LaSalle Master Letter of Credit Agreement Exhibit H Form of First Amendment to Amended and Restated Reimbursement Agreement PRICING SCHEDULE The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be determined as set forth below. As of the date hereof, the applicable rates shall be at the "Tier I" level referenced below until the next Adjustment Date. The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be equal to the applicable rate per annum set forth in the table below opposite the applicable Total Debt to Adjusted EBITDA Ratio: TOTAL DEBT LIBOR BASE RATE NON-USE LC FEE TIERS TO ADJUSTED EBITDA RATIO MARGIN MARGIN FEE RATE RATE ----- --------------------------------- ------ --------- -------- ------ Tier IV Greater than 2.50:1 2.00% .25% .375% 2.00% Tier III Greater than 2.00:1 but less than or equal to 2.50:1 1.75% 0% .25% 1.75% Tier II Greater than 1.50 to 1.00 but less than or equal to 2.00:1 1.50% 0% .25% 1.50% Tier I Less than or equal to 1.50:1 1.25% 0% .25% 1.25% The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be adjusted, to the extent applicable, on the 45th day or, in the case of the last Fiscal Quarter of each Fiscal Year, the 120th day after the end of each Fiscal Quarter (each such date, an "Adjustment Date"), retroactively to the first day of such Fiscal Quarter, based on the Total Debt to Adjusted EBITDA Ratio as of the last day of such Fiscal Quarter; it being understood that if the Company fails...
Existing Agreements Superseded. As set forth herein, the Existing Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Existing Credit Agreement. Delivered at Chicago, Illinois, as of the day and year first above written. NASHUA CORPORATION By: /s/ Xxxx X. Xxxxxxxxx Title: Chief Financial Officer LASALLE BANK NATIONAL ASSOCIATION, as Agent, Issuing Bank and as a Bank By: /s/ Xxx X. Xxxxxx Title: SVP BANK OF AMERICA, as a Bank By: /s/ Xxxxxxx X. Xxxxxxx Title: SVP The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be determined as set forth below. As of the date hereof, the applicable rates shall be at the “Tier I” level referenced below until the next Adjustment Date. The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be equal to the applicable rate per annum set forth in the table below opposite the applicable Total Debt to Adjusted EBITDA Ratio: TIERS TO ADJUSTED EBITDA RATIO MARGIN MARGIN FEE RATE RATE Tier IV Greater than 2.50:1 2.00 % .25 % .375 % 2.00 % Tier III Greater than 2.00:1 but less than or equal to 2.50:1 1.75 % 0 % .25 % 1.75 % Tier II Greater than 1.50 to 1.00 but less than or equal to 2.00:1 1.50 % 0 % .25 % 1.50 % Tier I Less than or equal to 1.50:1 1.25 % 0 % .25 % 1.25 % The LIBOR Margin, the Base Rate Margin, the Non-Use Fee Rate and the LC Fee Rate shall be adjusted, to the extent applicable, on the 45th day or, in the case of the last Fiscal Quarter of each Fiscal Year, the 120th day after the end of each Fiscal Quarter (each such date, an “Adjustment Date”), retroactively to the first day of such Fiscal Quarter, based on the Total Debt to Adjusted EBITDA Ratio as of the last day of such Fiscal Quarter; it being understood that if the Company fails to deliver the financial statements required by Section 10.1.1 or 10.1.2, as applicable, and the related Compliance Certificate, required by Section 10.1.3 by the 45th day (or, if applicable, the 120th day) after any Fiscal Quarter, the LIBOR Margin shall be 2.00%, the Base Rate Margin shall be .25%, the Non-Use Fee Rate shall be .375% and the LC Fee Rate shall be 2.00% until such financial statements and Compliance Certificate are delivered. Notwithstanding the foregoing, no reduction to the foregoing interest rate margins or fee rates shall become effective at any time when an Event of Default or Unmatured E...
