Common use of Material Credit Facilities, Amendments and Waivers Clause in Contracts

Material Credit Facilities, Amendments and Waivers. (a) The Company shall have delivered to the Noteholders a fully executed copy of that certain Fifth Amendment and Waiver to Credit Agreement, dated as of September 4, 2015, by and among the Company, CoBank, ACB and the syndication parties thereto with respect to that certain Credit Agreement (10 Year Term Loan), dated as of December 12, 2007 (the “Existing Term Loan Bank Agreement”), certified as true and correct by a Responsible Officer, such amendment to be in form and substance satisfactory to the Required Holders, and the conditions to the effectiveness thereof shall have been satisfied or waived. (b) The Company shall have delivered to the Noteholders a fully executed copy of that certain 2015 Amended and Restated Credit Agreement (5-Year Revolving Loan), dated as of September 4, 2015, by and among the Company, CoBank ACB, as Administrative Agent, and the Syndication Parties identified on Schedule 1 attached thereto (the “Revolving Bank Agreement”), certified as true and correct by a Responsible Officer, such agreement to be in form and substance satisfactory to the Required Holders, and the conditions to the effectiveness thereof shall have been satisfied or waived. (c) The Company shall have delivered to the Noteholders a fully executed copy of that certain $600,000,000 2015 Credit Agreement (10-Year Term Loan), dated as of September 4, 2015, by and among the Company, CoBank, ACB, as Administrative Agent, and the Syndication Parties identified on Schedule 1 attached thereto (the “New Term Loan Bank Agreement”), certified as true and correct by a Responsible Officer, such agreement to be in form and substance satisfactory to the Required Holders, and the conditions to the effectiveness thereof shall have been satisfied or waived. (d) The Company shall have delivered to the Noteholders waivers of the events of default which occurred under the Existing Term Loan Bank Agreement, the Revolving Agreement and the Brazilian Facility, each certified as true and correct by a Responsible Officer, such waivers to be in form and substance satisfactory to the Required Holders, and the conditions to the effectiveness thereof shall have been satisfied or waived.

Appears in 4 contracts

Samples: Note Purchase and Private Shelf Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

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