Letter of Credit Subfeature. As a subfeature under the Line of Credit, Bank agrees from time to time during the term thereof to issue or cause an affiliate to issue standby letters of credit for the account of Borrower (each, a "New Letter of Credit"; the Existing Letter of Credit and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as "Letters of Credit"); provided however, that the aggregate undrawn amount of all outstanding Letters of Credit shall not at any time exceed One Million and No/100 Dollars ($1,000,000.00). The form and substance of each Letter of Credit shall be subject to approval by Bank, in its sole discretion. Each Letter of Credit shall be issued for a term not to exceed seven hundred thirty (730) days, as designated by Borrower; provided however, that no Letter of Credit shall be issued with, nor shall Bank be required to renew or (if applicable) allow automatic renewal of any Letter of Credit so that it will have, an expiration date that is subsequent to the maturity date of the Line of Credit (with any such Letter of Credit with an expiration date subsequent to the maturity of the Line of Credit to be referred to as an “Extended Date Letter of Credit”) unless Borrower, not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, such other collateral that may have been granted by Borrower to Bank, pursuant to this Agreement or otherwise), consisting of a deposit account maintained by Borrower with Bank in an amount that is not less than one hundred five percent (105%) of the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to Bank; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365) days beyond the maturity date of the Line of Credit. The undrawn amount of all Letters of Credit shall be reserved under the Line of Credit and shall not be available for borrowings thereunder. Each Letter of Credit shall be subject to the additional terms and conditions of the Letter of Credit agreements, applications and any related documents required by Bank in connection with the issuance thereof (each, a “Letter of Credit Agreement”). Each drawing paid under a Letter of Credit shall be deemed an advance under the Line of Credit and shall be repaid by Borrower in accordance with the terms and conditions of this Agreement applicable to such advances; provided however, that if advances under the Line of Credit are not available, for any reason, at the time any drawing is paid, then Borrower shall immediately pay to Bank the full amount drawn, together with interest thereon from the date such drawing is paid to the date such amount is fully repaid by Borrower, at the rate of interest applicable to advances under the Line of Credit. In such event Borrower agrees that Bank, in its sole discretion, may debit any account maintained by Borrower with Bank for the amount of any such drawing.” 1.4 Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Samples: Credit Agreement (Culp Inc)
Letter of Credit Subfeature. As a subfeature under the Line of Credit, Bank agrees from time to time during the term thereof to issue or cause an affiliate to issue standby letters of credit for the account of Borrower (each, a "New Letter of Credit"; the Existing Letter of Credit and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as "Letters of Credit"); provided however, that the aggregate undrawn amount of all outstanding Letters of Credit shall not at any time exceed One Seven Million Five Hundred Thousand and No/100 Dollars ($1,000,000.007,500,000.00). The form and substance of each Letter of Credit shall be subject to approval by Bank, in its sole discretion. Each Letter of Credit shall be issued for a term not to exceed seven hundred thirty (730) days, as designated by Borrower; provided however, that no Letter of Credit shall be issued with, nor shall Bank be required to renew or (if applicable) allow automatic renewal of any Letter of Credit so that it will have, an expiration date that is subsequent to the maturity date of the Line of Credit (with any such Letter of Credit with an expiration date subsequent to the maturity of the Line of Credit to be referred to as an “Extended Date Letter of Credit”) unless Borrower, not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, such other collateral that may have been granted by Borrower to Bank, pursuant to this Agreement or otherwise), consisting of a deposit account maintained by Borrower with Bank in an amount that is not less than one hundred five percent (105%) of the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to Bank; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365) days beyond the maturity date of the Line of Credit. The undrawn amount of all Letters of Credit shall be reserved under the Line of Credit and shall not be available for borrowings thereunder. Each Letter of Credit shall be subject to the additional terms and conditions of the Letter of Credit agreements, applications and any related documents required by Bank in connection with the issuance thereof (each, a “Letter of Credit Agreement”). Each drawing paid under a Letter of Credit shall be deemed an advance under the Line of Credit and shall be repaid by Borrower in accordance with the terms and conditions of this Agreement applicable to such advances; provided however, that if advances under the Line of Credit are not available, for any reason, at the time any drawing is paid, then Borrower shall immediately pay to Bank the full amount drawn, together with interest thereon from the date such drawing is paid to the date such amount is fully repaid by Borrower, at the rate of interest applicable to advances under the Line of Credit. In such event Borrower agrees that Bank, in its sole discretion, may debit any account maintained by Borrower with Bank for the amount of any such drawing.”
1.4 Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Samples: Credit Agreement (Culp Inc)
Letter of Credit Subfeature. As a subfeature under the Line of CreditLine, Bank agrees may from time to time during the term thereof up to and including December 11, 1999, issue or cause an affiliate to issue standby letters of credit for the account of Borrower (eacheach such letter of credit and each letter of credit issued by the Bank for the account of Borrower or one of its Subsidiaries under the Prior Agreement which is outstanding on the date hereof, a "New Letter of Credit"; the Existing Letter of Credit " and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as collectively, "Letters of Credit"); provided provided, however, that the form and substance of each Letter of Credit shall be subject to approval by Bank in its sole discretion; and provided further that the aggregate undrawn amount of all outstanding Letters of Credit shall not at any time exceed One Million and No/100 Dollars the difference between ($1,000,000.00)a) the Line, minus (b) the aggregate unpaid principal amount of all Loans, minus (c) the amount of all drawings under any Letter of Credit for which Bank has not been reimbursed. The form and substance of each No Letter of Credit shall be subject have an expiry subsequent to approval December 11, 2000 or 366 or more days after the issuance date; provided Borrower may request that Bank issue Letters of Credit having an expiry after December 11, 2000 or an expiry 366 or more days after the issuance date ("Extended Expiry LC"), if (a) the undrawn amount of such Extended Expiry LC plus the aggregate undrawn amount of all other Extended Expiry LCs does not exceed by more than $350,000 an amount equal to the aggregate amount on deposit in the Collateral Accounts (b) the undrawn amount of any single Extended Expiry LC does not exceed by more than $50,000 an amount equal to the aggregate amount on deposit in the Collateral Accounts, and (c) the aggregate undrawn amount of all Extended Expiry LCs having the same beneficiary does not exceed by more than $50,000 an amount equal to the aggregate amount on deposit in the Collateral Accounts; provided further, however, that Bank, in its sole discretion. Each Letter of Credit shall be issued for a term not , reserves the right to exceed seven hundred thirty (730) days, as designated by Borrower; provided however, that no Letter of Credit shall be issued with, nor shall Bank be required require the Borrower at any time to renew or (if applicable) allow automatic renewal of any Letter of Credit so that it will have, an expiration date that is subsequent to the maturity date of the Line of Credit (with any such Letter of Credit with an expiration date subsequent to the maturity of the Line of Credit to be referred to as an “Extended Date Letter of Credit”) unless Borrower, not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, such other collateral that may have been granted by Borrower deliver to Bank, pursuant to this Agreement or otherwise)for deposit into a Collateral Account, consisting of a deposit account maintained by Borrower with Bank in an amount that is in cash up to, but not less than one hundred five percent (105%) of to exceed, the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to Bank; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365) days beyond the maturity date of the Line of Credit. The aggregate undrawn amount of all Letters of Credit shall be reserved under the Line of Credit and shall not be available for borrowings thereunderExtended Expiry LCs exceeds the aggregate amount on deposit in the Collateral Accounts at such time. Each Letter of Credit shall be subject to the additional terms and conditions of the Letter of Credit agreements, applications and any related documents required draft paid by Bank in connection with the issuance thereof (each, a “Letter of Credit Agreement”). Each drawing paid under a Letter of Credit shall be deemed an advance under the Line of Credit and shall be repaid by Borrower in accordance with the terms and conditions of this Agreement applicable to such advancesthe Line; provided provided, however, that if advances under the Line of Credit are is not available, available for any reasonreason whatsoever, at the time any drawing draft is paidpaid by Bank, or if advances are not available under the Line in such amount due to any limitation of borrowing set forth herein, then Borrower shall immediately pay to Bank the full amount drawnof such drafts shall be immediately due and payable, together with interest thereon thereon, from the date such drawing amount is paid by Bank to the date such amount is fully repaid by Borrower, at the that rate of interest applicable to advances under the Line of CreditLine. In such event event, Borrower agrees that Bank, in its at Bank's sole discretion, discretion may debit any account maintained by Borrower Collateral Account or Borrower's deposit accounts with Bank for the amount of such draft. If at any such drawing.”
1.4 Section 5.9(atime prior to the Termination Date the sum of (a) the aggregate unpaid principal of the Loans, plus (b) the aggregate undrawn amount of all outstanding Letters of Credit Agreement exceeds the Line, Borrower shall immediately pay to Bank the amount of such excess, together with accrued, unpaid interest on the amount of such excess. If at any time after the Termination Date the aggregate undrawn amount of all Extended Expiry LCs exceeds the aggregate amount on deposit in the Collateral Accounts, at Bank's request, Borrower shall immediately deliver to Bank, for deposit into a Collateral Account, an amount in cash up to, but not to exceed, the amount the aggregate undrawn amount of all the Extended Expiry LCs exceeds the aggregate amount on deposit in the Collateral Accounts at such time. Letters of Credit shall be priced at a rate of 1.00% per annum of the face amount of the Letter of Credit, which fee is hereby amended due and restated in its entirety to read as follows:payable on issuance of the Letters of Credit.
Appears in 1 contract
Letter of Credit Subfeature. As (i) Subject to the terms and conditions of this Agreement, as a subfeature under the Line of Credit, Bank agrees Letter of Credit Issuer agrees, in reliance upon the agreements of Lenders in this Section 1.2, from time to time during up to and including the term thereof fifth Business Day prior to the Maturity Date to issue or cause an affiliate to issue commercial and standby letters of credit for the account of Borrower (each, a "New Letter of Credit"; the Existing Letter of Credit and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as "collectively, “Letters of Credit"”); provided however, that the aggregate undrawn amount of all outstanding Letters Letter of Credit Obligations shall not at any time exceed One Twenty Million and No/100 Dollars ($1,000,000.00). The form and substance of each 20,000,000.00) (the “Letter of Credit shall be subject Sublimit”), and to approval by Bank, in its sole discretion. Each Letter honor drawings under the Letters of Credit shall be issued for a term not to exceed seven hundred thirty (730) days, as designated by BorrowerCredit; provided howeverthat, that no Letter of Credit shall be issued with, nor shall Bank be required after giving effect to renew or (if applicable) allow automatic renewal any issuance of any Letter of Credit, the extension of the expiry date thereof or the increase of the amount thereof: (A) the sum of (1) the Outstanding Amount of all Line of Credit so that it will have, an expiration date that is subsequent to Advances plus (2) the maturity date Outstanding Amount of all Letter of Credit Obligations shall not exceed One Hundred Million Dollars ($100,000,000.00); (B) the sum of (1) the aggregate Outstanding Amount of the Line of Credit Advances of any Lender, plus (with any 2) such Lender's Pro Rata Share multiplied by the Outstanding Amount of all Letter of Credit with an expiration date subsequent to the maturity of the Line of Credit to be referred to as an “Extended Date Letter of Credit”) unless Borrower, Obligations shall not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, exceed such other collateral that may have been granted by Borrower to Bank, pursuant to this Agreement or otherwise), consisting of a deposit account maintained by Borrower with Bank in an amount that is not less than one hundred five percent (105%) of the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to BankLender's Commitment; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365C) days beyond the maturity date of the Line of Credit. The undrawn amount of all Letters of Credit shall be reserved under the Line of Credit and shall not be available for borrowings thereunder. Each Letter of Credit shall be subject to the additional terms and conditions Outstanding Amount of the Letter of Credit agreements, applications and any related documents required by Bank in connection with Obligations shall not exceed the issuance thereof (each, a “Letter of Credit Agreement”)Sublimit. Each drawing paid under request by Borrower for the issuance or amendment of a Letter of Credit shall be deemed an advance under to be a representation by Borrower that the Line request complies with the conditions set forth in the proviso to the preceding sentence, and Letter of Credit Issuer shall have no obligation to provide for any issuance of any Letter of Credit, the extension of the expiry date thereof or the increase of the amount thereof if any of the conditions set forth in the proviso to the preceding sentence are not satisfied. Within the foregoing limits, and shall be repaid by Borrower in accordance with subject to the terms and conditions of this Agreement applicable hereof, Borrower's ability to such advances; provided however, that if advances under the Line obtain Letters of Credit are not availableshall be fully revolving, for any reasonand, at accordingly, Borrower may, during the time any drawing is paidforegoing period, then Borrower obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing Letters of Credit shall immediately pay be deemed to Bank have been issued pursuant hereto and, from and after the full amount drawnClosing Date, together with interest thereon from shall be subject to and governed by the date such drawing is paid to the date such amount is fully repaid by Borrower, at the rate of interest applicable to advances under the Line of Credit. In such event Borrower agrees that Bank, in its sole discretion, may debit any account maintained by Borrower with Bank for the amount of any such drawingterms and conditions hereof.”
1.4 Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Letter of Credit Subfeature. As a subfeature under the Line of CreditLine, Bank agrees may from time to time during up to and including the term thereof to Termination Date, issue or cause an affiliate to issue standby letters of credit for the account of Borrower (eacheach such letter of credit and each letter of credit issued by Bank for the account of Borrower or one of its Subsidiaries under the Prior Agreement which is outstanding on the date hereof, a "New Letter of Credit"; the Existing Letter of Credit " and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as collectively, "Letters of Credit"); provided provided, however, that the form and substance of each Letter of Credit shall be subject to approval by Bank in its sole discretion; and provided further that the aggregate undrawn amount of all outstanding Letters of Credit shall not at any time exceed One Million and No/100 Dollars the difference between ($1,000,000.00)a) the Line, minus (b) the aggregate unpaid principal amount of all Loans, minus (c) the amount of all drawings under any Letter of Credit for which Bank has not been reimbursed. The form and substance of each No Letter of Credit shall be subject have an expiry subsequent to approval by BankDecember 11, in its sole discretion. Each Letter 2001 or 366 or more days after the issuance date; provided Borrower may request that Bank issue Letters of Credit shall be issued for a term having an expiry after December 11, 2001 or an expiry 366 or more days after the issuance date ("Extended Expiry LC"), if (a) such Extended Expiry LC does not to exceed seven hundred thirty (730) days, as designated by Borrower; provided however, that no Letter of Credit shall be issued with, nor shall Bank be required to renew or (if applicable) allow automatic renewal of any Letter of Credit so that it will have, have an expiration date that is expiry subsequent to the maturity date of the Line of Credit June 11, 2003, (with any such Letter of Credit with an expiration date subsequent to the maturity of the Line of Credit to be referred to as an “Extended Date Letter of Credit”b) unless Borrower, not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, such other collateral that may have been granted by Borrower to Bank, pursuant to this Agreement or otherwise), consisting of a deposit account maintained by Borrower with Bank in an amount that is not less than one hundred five percent (105%) of the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to Expiry LC plus the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to Bank; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365) days beyond the maturity date of the Line of Credit. The aggregate undrawn amount of all Letters other Extended Expiry LCs does not exceed $350,000 and (c) an amount equal to the undrawn amount of Credit shall be reserved under such Extended Expiry LC plus the Line aggregate undrawn amount of Credit and shall not be available for borrowings thereunderall other Extended Expiry LCs is on deposit in the Collateral Account. Each Letter of Credit shall be subject to the additional terms and conditions of the Letter of Credit agreements, applications and any related documents required draft paid by Bank in connection with the issuance thereof (each, a “Letter of Credit Agreement”). Each drawing paid under a Letter of Credit shall be deemed an advance under the Line of Credit and shall be repaid by Borrower in accordance with the terms and conditions of this Agreement applicable to such advancesthe Line; provided provided, however, that if advances under the Line of Credit are is not available, available for any reasonreason whatsoever, at the time any drawing draft is paidpaid by Bank, or if advances are not available under the Line in such amount due to any limitation of borrowing set forth herein, then Borrower shall immediately pay to Bank the full amount drawnof such drafts shall be immediately due and payable, together with interest thereon thereon, from the date such drawing amount is paid by Bank to the date such amount is fully repaid by Borrower, at the that rate of interest applicable to advances under the Line of CreditLine. In such event event, Borrower agrees that Bank, in its at Bank's sole discretion, discretion may debit any account maintained by Borrower Collateral Account or Borrower's deposit accounts with Bank for the amount of such draft. If at any such drawing.”
1.4 Section 5.9(atime prior to the Termination Date the sum of (a) the aggregate unpaid principal of the Loans, plus (b) the aggregate undrawn amount of all outstanding Letters of Credit exceeds the Line, Borrower shall immediately pay to Bank the amount of such excess, together with accrued, unpaid interest on the amount of such excess. If at any time after the Termination Date the aggregate undrawn amount of all Extended Expiry LCs exceeds the aggregate amount on deposit in the Collateral Accounts, at Bank's request, Borrower shall immediately deliver to Bank, for deposit into a Collateral Account, an amount in cash up to, but not to exceed, the amount the aggregate undrawn amount of all the Extended Expiry LCs exceeds the aggregate amount on deposit in the Collateral Accounts at such time. Letters of Credit shall be priced at a rate of 1.50% per annum of the face amount of the Letter of Credit, which fee is due and payable on issuance of the Letters of Credit.
.3 Amendment to Section 5. A. ii of the Agreement. Section 5. A. ii. of the Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Samples: Second Amended and Restated Loan Agreement (Peerless Manufacturing Co)
Letter of Credit Subfeature. (i) As a subfeature under the Line of --------------------------- Credit, Bank Agent agrees from time to time during up to thirty (30) days prior to the term thereof Line Maturity Date, to issue sight commercial or cause an affiliate to issue standby letters of credit on behalf of all of the Lenders and for the account of Borrower (each, a "New Letter of --------- Credit"; " and collectively, the Existing Letter of Credit and each New Letter of Credit are herein referred to individually as a “Letter of Credit” and collectively as "Letters of Credit"); provided provided, however, that the ------ ----------------- -------- ------- form and substance of each Letter of Credit shall be subject to approval by Agent, in its reasonable discretion; and provided further, however, that the ---------------- ------- aggregate undrawn amount of all outstanding Letters of Credit shall not at any time exceed One Million and No/100 Dollars THREE MILLION AND NO/100 DOLLARS ($1,000,000.003,000,000). The form and substance of each Letter of Credit shall be subject to approval by Bank, in its sole discretion. Each Letter of Credit shall be issued for a term not to exceed seven three hundred thirty sixty-five (730365) days, as designated by Borrower; provided provided, -------- however, that no Letter of Credit shall be issued with, nor shall Bank be required to renew or (if applicable) allow automatic renewal of any Letter of Credit so that it will have, an expiration date that is subsequent to the maturity date of the Line of Credit (with any such Letter of Credit with have an expiration date subsequent to the maturity of ------- the Line of Credit to be referred to as an “Extended Date Letter of Credit”) unless Borrower, not less than ninety (90) days prior to the maturity date of the Line of Credit, provides Bank with cash collateral (which may be in addition to or, if agreed by Bank, may be a replacement for, such other collateral that may have been granted by Borrower to Bank, pursuant to this Agreement or otherwise), consisting of a deposit account maintained by Borrower with Bank in an amount that is not less than one hundred five percent (105%) of the undrawn amount of such Extended Date Letter of Credit, as evidenced by and subject to the security agreements and other documents as Bank shall reasonably require, all in form and substance satisfactory to Bank; and provided further, that in no event shall any Extended Date Letter of Credit have a then current expiration date more than three hundred sixty-five (365) days beyond the maturity date of the Line of CreditMaturity Date. The undrawn amount of all Letters of Credit shall be reserved under the Line of Credit and shall not be available for borrowings advances thereunder. Each Letter of Credit shall be subject to the additional terms and conditions of the Letter of Credit agreementsAgreement and related documents, applications and any related documents if any, required by Bank Agent in connection with the issuance thereof (each, a “"Letter of --------- Credit Agreement" and collectively, "Letter of Credit Agreement”Agreements"). Each drawing draft ---------------- --------------------------- paid by Agent under a Letter of Credit shall be deemed an advance under the Line of Credit comprising a Prime Rate Loan and shall be repaid by Borrower in accordance with the terms and conditions of this Credit Agreement applicable to such advances; provided provided, however, that if advances under the Line of Credit are is not available, -------- ------- for any reasonreason whatsoever, at the time any drawing draft is paidpaid by Agent, then Borrower shall immediately pay to Bank the full amount drawnof such draft shall be immediately due and payable, together with interest thereon thereon, from the date such drawing amount is paid by Agent to the date such amount is fully repaid paid by Borrower, at the variable rate of interest applicable to advances under the Line of CreditPrime Rate Loans. In such event event, Borrower agrees that BankAgent, in its at Agent's sole discretion, may debit any Borrower's deposit account maintained by Borrower with Bank Agent for the amount of any such drawingdraft. Outstanding Letters of Credit issued in connection with the 1997 Credit Agreement shall be deemed outstanding Letters of Credit under the Line of Credit.”
1.4 Section 5.9(a(ii) The Lenders hereby irrevocably appoint Agent as their agent, and hereby authorize and direct Agent for and on their behalf, to issue Letters of Credit and to honor drafts presented under Letters of Credit in accordance with the terms thereof. The interest of each Lender in each Letter of Credit shall be the percentage designated as its Proportionate Share in Schedule I hereto of ---------- the total amount of all Letters of Credit. If there are insufficient funds under the Line of Credit to pay any draft under a Letter of Credit, or if Borrower otherwise fails to reimburse Agent for the full amount of any draft paid under any Letter of Credit pursuant to the terms of the Letter of Credit Agreement applicable thereto, each Lender shall, immediately on demand by Agent, pay to Agent, ratably according to such Lender's Proportionate Share in such Letter of Credit, the unreimbursed amount of such draft and all other sums then due under such Letter of Credit Agreement. Each such payment by a Lender shall be made in immediately available funds at Agent's Office on the date Agent demands such payment, and shall bear interest from the date such amount is hereby amended paid by Agent to the date such amount is fully paid by such Lender at rates equal to (A) the Federal Funds Rate during the period from the date such payment is due through the third Business Day thereafter, and restated (B) thereafter, the Prime Rate in its entirety effect from time to read as follows:time.
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