Financial Statements; Fiscal Year. The audited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30, 2005, and the related statements of income, changes in shareholders’ equity, and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP (except for the absence of footnotes and subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each of its Subsidiaries ends on September 30 of each year.
Appears in 3 contracts
Samples: Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co)
Financial Statements; Fiscal Year. (a) The audited Consolidated and consolidating (showing Borrowers and Domestic Subsidiaries as a Consolidated entity and Foreign Subsidiaries on a consolidating basis) balance sheets of Neenah Borrowers and Neenah’s their Subsidiaries (including the accounts of all Borrowers Subsidiaries of Falcon and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30November 1, 20052003, and the related statements of income, changes in shareholders’ shareholder's equity, and changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah Borrowers and Neenah’s Subsidiariessuch Persons, taken as a whole, at such date dates and the results of Borrowers' and such Person's operations, taken as a whole, for such periods. As of the operations date hereof, except as disclosed on Schedule 3.10(a), ---------------- since November 1, 2003, there has been no Material Adverse Effect on the financial position of Neenah Borrowers and Neenah’s Subsidiariessuch other Persons, taken as a whole, as reflected in the Consolidated balance sheets sheet as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP (except for the absence of footnotes and subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year Fiscal Year of Parent Borrowers and each of its their Subsidiaries ends on September 30 the Saturday closest to October 31st of each year.
(b) The Borrowers have furnished to the Lenders, a Consolidated balance sheet of Borrowers and Domestic Subsidiaries as of the Closing Date, as adjusted to give pro forma effect to the consummation of the transactions contemplated by this Agreement, the other Investor Documents and the Bank Credit Documents as if such transactions had occurred on such date (the "PRO FORMA CLOSING BALANCE SHEET"). Schedule 3.10(b) sets forth a true, correct ---------------- and complete copy of the Pro Forma Closing Balance Sheet, together with footnotes describing the pro forma adjustments and the assumptions underlying the Pro Forma Closing Balance Sheet. The Pro Forma Closing Balance Sheet fairly presents in all material respects the pro forma consolidated financial position of Borrowers and the Domestic Subsidiaries as of the Closing Date, and properly gives effect to the application of the pro forma adjustments described therein and contemplated herein. All assumptions underlying the Pro Forma Closing Balance Sheet were made in good faith and are reasonable under the circumstances and no Company Party is aware of any facts or information that would lead it to believe that such pro forma adjustments are incorrect or misleading in any respect.
Appears in 1 contract
Samples: Loan and Securities Purchase Agreement (Falcon Products Inc /De/)
Financial Statements; Fiscal Year. The audited Consolidated and consolidating balance sheets of Neenah Borrower and Neenah’s Subsidiaries such other Persons described therein (including the accounts of all Borrowers and their respective Subsidiaries of Borrower for the respective periods during which a Subsidiary relationship existed) as of September 30, 20051999, and the related statements of income, changes in shareholders’ stockholder's equity, and changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah Borrower and Neenah’s Subsidiaries, taken as a whole, such Persons at such date dates and the results of the Borrower's operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP (except for the absence of footnotes and subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such periodperiods. Since September 30, 20051999, there has been no Material Adverse Effect has occurredmaterial change in the condition, it being understood that financial or otherwise, of Borrower and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or such other Persons, except changes or events affecting general economic conditions, but not otherwise materially and adversely affecting in the ordinary course of business, assets none of which individually or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of in the foregoingaggregate has been materially adverse. As of the date hereof, the The fiscal year of Parent Borrower and each of its Subsidiaries ends on September 30 December 31st of each year. Full Disclosure. The financial statements referred to in subsection 7.1.10 hereof do not, nor does this Agreement or any other written statement of Borrower to Lender, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. There is no fact which Borrower has failed to disclose to Lender in writing which materially affects adversely or, so far as Borrower can now foresee, will materially affect adversely the Properties, business, prospects, profits or condition (financial or otherwise) of Borrower or any of its Subsidiaries or the ability of Borrower or its Subsidiaries to perform this Agreement or the other Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (KVH Industries Inc \De\)
Financial Statements; Fiscal Year. The (a) There has been furnished to each of the Lenders an audited Consolidated consolidated balance sheet of the Borrower and consolidating balance sheets its Subsidiaries as at the Balance Sheet Date, and consolidated statements of Neenah income and Neenah’s Subsidiaries (including cash flow of the accounts of all Borrowers Borrower and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30fiscal year then ended, 2005, certified by Ernst & Young LLP. Such balance sheet and the related statements of income, changes in shareholders’ equity, income and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, cash flows have been prepared in accordance with GAAP (except and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the absence fiscal year then ended. There are no contingent liabilities of footnotes the Borrower or any of its Subsidiaries as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(b) There has been furnished to each of the Lenders an unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at May 4, 2013, and unaudited consolidated statements of income and cash flow of the Borrower and its Subsidiaries for the fiscal quarter then ended. Such balance sheet and statements of income and cash flows have been prepared in accordance with GAAP and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the fiscal quarter then ended (subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results . There are no contingent liabilities of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes Borrower or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each any of its Subsidiaries ends as of such date involving material amounts, known to the 47438543.7 officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(c) The Borrower has a fiscal year which is the 52/53 week period ending on September 30 the Saturday closest to January 31st of each year.
Appears in 1 contract
Samples: Credit Agreement (Staples Inc)
Financial Statements; Fiscal Year. The (a) There has been furnished to each of the Lenders an audited Consolidated consolidated balance sheet of the Borrower and consolidating balance sheets its Subsidiaries as at the Balance Sheet Date, and consolidated statements of Neenah income and Neenah’s Subsidiaries (including cash flow of the accounts of all Borrowers Borrower and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30fiscal year then ended, 2005, certified by Ernst & Young LLP. Such balance sheet and the related statements of income, changes in shareholders’ equity, income and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, cash flows have been prepared in accordance with GAAP (except and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the absence fiscal year then ended. There are no contingent liabilities of footnotes the Borrower or any of its Subsidiaries as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(a) There has been furnished to each of the Lenders an unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at July 29, 2006, and unaudited consolidated statements of income and cash flow of the Borrower and its Subsidiaries for the fiscal quarter then ended. Such balance sheet and statements of income and cash flows have been prepared in accordance with GAAP and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the fiscal quarter then ended (subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results . There are no contingent liabilities of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes Borrower or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each any of its Subsidiaries ends as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(b) The Borrower has a fiscal year which is the 52/53 week period ending on September 30 the Saturday closest to January 31st of each year.
Appears in 1 contract
Financial Statements; Fiscal Year. The (a) There has been furnished to each of the Lenders an audited Consolidated consolidated balance sheet of the Borrower and consolidating balance sheets its Subsidiaries as at the Balance Sheet Date, and consolidated statements of Neenah income and Neenah’s Subsidiaries (including cash flow of the accounts of all Borrowers Borrower and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30fiscal year then ended, 2005, certified by Ernst & Young LLP. Such balance sheet and the related statements of income, changes in shareholders’ equity, income and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, cash flows have been prepared in accordance with GAAP (except and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the absence fiscal year then ended. There are no contingent liabilities of footnotes the Borrower or any of its Subsidiaries as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(b) There has been furnished to each of the Lenders an unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at August 3, 2002, and unaudited consolidated statements of income and cash flow of the Borrower and its Subsidiaries for the fiscal quarter then ended. Such balance sheet and statements of income and cash flows have been prepared in accordance with GAAP and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the fiscal quarter then ended (subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results . There are no contingent liabilities of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes Borrower or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each any of its Subsidiaries ends as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(c) The Borrower has a fiscal year which is the 52/53 week period ending on September 30 the Saturday closest to January 31st of each year.
Appears in 1 contract
Financial Statements; Fiscal Year. (a) The audited Consolidated and consolidating balance sheets of Neenah ETI and Neenah’s its Subsidiaries (including the accounts of all Borrowers Subsidiaries of ETI and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30January 31, 20052003, and the related statements of income, changes in shareholders’ shareholder's equity, and changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah Borrower and Neenah’s Subsidiaries, taken as a wholesuch Persons, at such date dates and the results of ETI's and such Persons' operations, for such periods. As of the operations date hereof, since January 31, 2003, there has been no material adverse change in the financial position of Neenah Borrower and Neenah’s Subsidiariessuch other Persons, taken as a whole, as reflected in the Consolidated balance sheets sheet as of such date. As of the date hereof, the fiscal year of Borrower and each of its Subsidiaries ends on December 31 of each year.
(b) The unaudited Consolidated and consolidating balance sheets of Neenah Uponor ETI Company and Neenah’s its Subsidiaries (including the accounts of all Borrowers Subsidiaries of Uponor ETI Company and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30January 31, 20062003, and the related statements of income, changes in shareholder’s 's equity, and changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for the absence of footnotes and subject to audit and year-end adjustments)GAAP, and present fairly in all material respects the financial positions of Neenah Uponor ETI Company and Neenah’s Subsidiaries, taken as a wholesuch Persons, at such date dates and the results of the operations of Neenah Uponor ETI Company's and Neenah’s Subsidiaries, taken as a wholesuch Persons' operations, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoingperiods. As of the date hereof, since January 31, 2003, there has been no material adverse change in the fiscal year financial position of Parent Uponor ETI Company and each such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of its Subsidiaries ends on September 30 of each yearsuch date.
Appears in 1 contract
Financial Statements; Fiscal Year. (i) The audited Consolidated and consolidating balance sheets of Neenah Parent, Borrower and Neenah’s Subsidiaries such other Persons described therein (including the accounts of all Borrowers and their respective Subsidiaries of Parent for the respective periods during which a Subsidiary relationship existed) as of September 30December 31, 20051998, December 31, 1999 and December 31, 2000, and the related statements of income, changes in shareholders’ stockholder's equity, and changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah Borrower and Neenah’s Subsidiariessuch Persons at such dates and the results of Borrower's operations for such periods. Since September 30, 2000, there has been no material change in the condition, financial or otherwise, of Parent or Borrower and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Parent and Borrower or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Parent, Borrower and each of their Subsidiaries ends on December 31 of each year.
(ii) The assumptions used in preparation of the projections of the Parent and Borrower delivered to the Lender were reasonable when made are reasonable through the Closing Date. Such projections have been prepared by the executive and financial personnel of the Parent and Borrower in light of the business of each. Such projections have been prepared in good faith, have a reasonable basis and represent the good faith opinion of the Parent and Borrower as to the projected results of the operations of the Parent and Borrower as of the Closing Date. The Parent and Borrower do not have, on the Closing Date, any material obligations (whether accrued, matured, absolute, actual, contingent or otherwise) that are not reflected in the projections. No material facts as of the Closing Date have occurred since the preparation of the projections that would cause the projections, taken as a whole, at such date and not to be reasonably attainable. It being acknowledged that the results projections are not a guarantee of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP (except for the absence of footnotes and subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each of its Subsidiaries ends on September 30 of each yearfuture performance.
Appears in 1 contract
Financial Statements; Fiscal Year. The (a) There has been furnished to each of the Lenders an audited Consolidated consolidated balance sheet of the Borrower and consolidating balance sheets its Subsidiaries as at the Balance Sheet Date, and consolidated statements of Neenah income and Neenah’s Subsidiaries (including cash flow of the accounts of all Borrowers Borrower and their respective its Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of September 30fiscal year then ended, 2005, certified by Ernst & Young LLP. Such balance sheet and the related statements of income, changes in shareholders’ equity, income and changes in financial position for the period ended on such date, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, as reflected in the balance sheets as of such date. The unaudited Consolidated and consolidating balance sheets of Neenah and Neenah’s Subsidiaries (including the accounts of all Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of November 30, 2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the period ended on such date, cash flows have been prepared in accordance with GAAP (except and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the absence fiscal year then ended. There are no contingent liabilities of footnotes the Borrower or any of its Subsidiaries as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(b) There has been furnished to each of the Lenders an unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at July 31, 2010, and unaudited consolidated statements of income and cash flow of the Borrower and its Subsidiaries for the fiscal quarter then ended. Such balance sheet and statements of income and cash flows have been prepared in accordance with GAAP and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the fiscal quarter then ended (subject to audit and year-end adjustments), and present fairly in all material respects the financial positions of Neenah and Neenah’s Subsidiaries, taken as a whole, at such date and the results . There are no contingent liabilities of the operations of Neenah and Neenah’s Subsidiaries, taken as a whole, for such period. Since September 30, 2005, no Material Adverse Effect has occurred, it being understood that changes Borrower or events affecting general economic conditions, but not otherwise materially and adversely affecting the business, assets or financial condition of Borrowers’ and Borrowers’ Subsidiaries, shall not be considered a Material Adverse Effect for purposes of the foregoing. As of the date hereof, the fiscal year of Parent and each any of its Subsidiaries ends as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.
(c) The Borrower has a fiscal year which is the 52/53 week period ending on September 30 the Saturday closest to January 31st of each year.
Appears in 1 contract
Samples: Credit Agreement (Staples Inc)