Interest rate option. Type: Tenor: Please wire transfer the proceeds of the Borrowing in accordance with the funds flow memorandum delivered under separate cover. The undersigned officer, to the best of his or her knowledge, in his or her capacity as an officer of the Borrower certifies that:
(i) All representations and warranties made by the Borrower contained in the Revolving Credit Agreement are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date hereof (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties are true and correct in all material respects as of such earlier date); provided that the representations made in Sections 7.4 and 7.15 shall be made only on the Closing Date; and
(ii) No event has occurred and is continuing or would result from the consummation of the Borrowing contemplated hereby that would constitute a Default or an Event of Default. Dated: By: ITC Holdings Corp., its sole member By: Name: Title: TO: JPMorgan Chase Bank, N.A., as Administrative Agent under the Credit Agreement (as defined below) Loan Operations 00 Xxxxx Xxxxxxxx, Xxxxx X0X Xxxxxxx, XX 00000 Attention: Xxxx Xxxxx Email: xxxx.xxxxx@xxxxxxxx.xxx Pursuant to the Revolving Credit Agreement, dated as of October 23, 2017 (as the same may be amended, modified, supplemented, restated or replaced from time to time, the “Revolving Credit Agreement”; the terms defined therein and not otherwise defined herein being used herein as therein defined), among ITC Midwest LLC, a Michigan limited liability company (the “Borrower”), the various financial institutions and other persons from time to time referred to as “Lenders” in the Revolving Credit Agreement (the “Lenders”), JPMorgan Chase Bank, N.A., as the Administrative Agent, this represents the Borrower’s request to continue Revolving Credit Loans as follows:
Interest rate option. [ ] a. Base Rate Loan(s) [ ] b. Eurodollar Rate Loans with an initial Interest Period of month(s) The proceeds of such Loans are to be deposited in Company’s account at . The undersigned officer, to the best of his or her knowledge, certifies on behalf of Company that:
(i) The [Specified Representations]1 [representations and warranties] contained in the Credit Agreement and the other Loan Documents are true, correct and complete in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true, correct and complete in all material respects on and as of such earlier date; provided that, if a representation and warranty is qualified as to materiality, the materiality qualifier set forth above shall be disregarded with respect to such representation and warranty for purposes of this condition;
(ii) [The representations in the Merger Agreement that (A) are material to the interests of the Lenders and solely to the extent that Holdings has the right to terminate its obligations as a result of the breach thereof, are true and correct as of the date of the Merger Agreement and as of the Closing Date, as though made on and as of the Closing Date, and (B) are made as of a specific date shall be true and correct as of such date, in each case except where the failure of such representations or warranties to be true and correct (without giving effect to any limitation as to “Material Adverse Effect”, “in all material respects”, “in any material respect”, “material” or “materially” set forth in such representations and warranties) does not have and would not reasonably be expected to have, individually or in the aggregate, a Merger MAC]2; and
(iii) No event has occurred and is continuing or would result from the consummation of the borrowing contemplated hereby that would constitute an Event of Default or a Potential Event of Default. DATED: [STEALTH ACQUISITION CORP. (to be merged with and into SAFENET, INC.), By: Name: Title:]3 1 This language should be selected only in connection with the borrowing on the Closing Date. 2 This language should be selected only in connection with the borrowing on the Closing Date. 3 To be executed by Stealth Acquisition Corp. with respect to Borrowings on the Closing Date. By: Name: Title:] 4 4 To be executed by SafeNet, Inc. wit...
Interest rate option. LIBOR Loans with an initial Interest Period beginning on the 2017 April Joinder Effective Date and ending on May 24, 2017.
Interest rate option. INITIAL ONE (If you have another outstanding loan, you must elect the same option that is in effect for the existing loan, and any contrary election will be disregarded.)
Interest rate option. If the applicable form of a notice of borrowing delivered by the Trustee under this Section 11.2 permits the selection of an interest rate option in respect of an Advance, the Trustee shall select such available interest rate option as has been specified to the Trustee in advance in writing by the Issuer or, in the absence of such specification, such available interest rate option as the Trustee shall, in its sole discretion, determine to select.
Interest rate option. 1 ¨ a. Base Rate Loan(s) ¨ b. Eurodollar Rate Loans with an initial Interest Period ending on [•]
x c. No Borrowings will be made under the Incremental Revolving Commitments on the Increased Amount Date.
Interest rate option. ¨ a. Base Rate Loan(s) ¨ b. Eurodollar Rate Loans with an initial Interest Period of month(s)
Interest rate option. ( ) a. Base Rate Loan(s) ( ) b. Eurodollar Rate Loans with an initial Interest Period of ____________ month(s) Term Loans and Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans. Swing Line Loans shall be Base Rate Loans. The proceeds of such Loans are to be deposited in Company's account at Chase Co-Administrative Agent. The undersigned officer, to the best of his or her knowledge, and Company certify that:
(i) The representations and warranties contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date;
(ii) No event has occurred and is continuing or would result from the consummation of the borrowing contemplated hereby that would constitute an Event of Default or a Potential Event of Default; [and]
(iii) Company has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof[; and][.]
Interest rate option. [ ] a. Base Rate Loan(s) [ ] b. Eurodollar Rate Loans with an initial Interest Period of ____________ month(s) The proceeds of such Loans are to be deposited in Company’s account at Administrative Agent. The undersigned officer, to the best of his or her knowledge, and Company certify that:
(i) The representations and warranties contained in the Credit Agreement and the other Loan Documents are true, correct and complete in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true, correct and complete in all material respects on and as of such earlier date; provided, that, if a representation and warranty is qualified as to materiality, with respect to such representation and warranty the materiality qualifier set forth above shall be disregarded for purposes of this condition;
(ii) No event has occurred and is continuing or would result from the consummation of the borrowing contemplated hereby that would constitute an Event of Default or a Potential Event of Default; [(iii) Company has delivered a certificate, signed by an Officer of Company, certifying that the incurrence of the Loans by Company pursuant to this Notice of Borrowing will be permitted by the Senior Subordinated Notes Indenture;] and
Interest rate option a. Base Rate Loan(s) --------------------
