NBD Bank the party of the second part, hereby accepts the trusts in this Indenture declared and provided, upon the term and conditions hereinabove set forth.
NBD Bank. By: ------------------------------- Title:
NBD Bank. This Request Under Revolving Credit Agreement is executed and delivered to NBD by the undersigned authorized representative of the Borrowers on_______, 199_. SECOM GENERAL CORPORATION By: ---------------------- Its: ----------------
NBD Bank. By: -------------------------- Its: --------------------- [Signatures continued on next page] [Signatures continued from previous page] RIVIERA DIE & TOOL, INC. By: Petex X. Xxxxxx ------------------------------ Its: C.F.O. ----------------------------- Subscribed and sworn to before me this 31st day of October, 1996.
NBD Bank. ("NBD") has assigned all of its rights and obligations as a "Bank" under the Credit Agreement and the other Loan Documents to The First National Bank of Chicago ("First Chicago"), and First Chicago has accepted such assignment and assumed and agreed prospectively to perform the duties and obligations of a Bank under the Credit Agreement with respect to the interests so assigned, all in accordance with the terms of a Assignment and Assumption Agreement effective as of November 6, 1996; and
NBD Bank. By: Mark X. XxXxxxx ------------------- Commitment: $17,500,000 Title: Vice President ----------------- Address for notices: NBD Bank 611 Xxxxxxxx Xxxxxx, Mail Suite 8074 Detroit, Michigan 48226 Attention: Mark X. XxXxxxx Telephone: (313) 000-0000 Telecopy: (313) 000-0000 Lending Office: NBD Bank 611 Xxxxxxxx Xxxxxx, Mail Suite 8074 Detroit, Michigan 48226 Attention: Mark X. XxXxxxx Telephone: (313) 000-0000 Telecopy: (313) 000-0000 (signatures continued)
NBD Bank. Royal Bank of Canada The Sumitomo Bank, Limited, Chicago Branch The Tokai Bank, Ltd., Chicago Branch Union Bank Union Bank of Switzerland - Chicago Branch SCHEDULE 5.03 CONSENTS AND APPROVALS None. 65 SCHEDULE 7.03 EXISTING MORTGAGES, SECURITY INTERESTS AND LIENS ON ASSETS OF THE COMPANY Liens/Security Interests/Mortgages on PACE properties Current Mortgages existing on Kmart corporation's properties as of August 23, 1995 was $312 million Kmart Corporation has guaranteed indebtedness related to certain of its properties financed by industrial revenue bonds. At January 25, 1995, the total amount of such guaranteed indebtedness was $238 million, of which $92 million was included in capital lease obligations. 66 EXHIBIT A Form of Notice of Borrowing ____________________, 19____ Bank of America National Trust and Savings Association, individually and as Documentation Agent under the Seasonal Credit Agreement referred to below (the "Documentation Agent") 1455 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxtn: Agency Management Services Re: Seasonal Credit Agreement dated as of October 5, 1995 (as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement") among KMART CORPORATION (the "Company"), the Banks named therein and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Documentation Agent Ladies and Gentlemen: The undersigned refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 2.03 of the Credit Agreement, of the Borrowing specified herein:
NBD Bank. By.................................... Attest: ...................................... XXXXX XX XXX XXXX ) ) ss.: COUNTY OF NEW YORK ) On the .... day of ..........., 1998, before me personally came ..........................., to me known, who, being by me duly sworn, did depose and say that he is .................... of ................................., one of the corporations described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said corporation; and that he signed his name thereto by like authority.
NBD Bank. Borrower shall have caused NBD Bank to:
(i) Enter into a blocked account agreement, in form and substance acceptable to bank, which acknowledges that any collections of accounts receivable or other funds received by First Chicago NBD on behalf of Borrower are collateral of Bank and provides that such collections and funds shall be remitted directly to Bank for application against any outstanding interest or principal under the Revolving Loan;
(ii) Entered into a Settlement and Forbearance Agreement with Kennxxx X. Xxxxx, xx form and substance acceptable to the Bank (the "Forbearance Agreement"), which provides for the release of NBD Bank's pledge of Kennxxx X. Xxxxx'x xxxck in the Borrower, as well as certain liabilities of Kennxxx X. Xxxxx xx guarantor or otherwise to NBD Bank; and
(iii) Execute and deliver at closing a payoff letter certifying the total indebtedness owed by Borrower to NBD Bank as of the date of closing and agreeing to execute and deliver UCC termination statements with respect to all UCC financing statements currently on file with respect to the Collateral as soon as practicable after the payoff amount is received by NBD Bank.
(iv) Release its existing pledge covering Kennxxx X. Xxxxx'x stock in the Borrower in accordance with the Forbearance Agreement.
NBD Bank. Rocky Co. and the Borrowers entered into a certain Construction and Term Loan Agreement, dated as of October 27, 1993, as amended by a certain (i) First Amendment to Construction and Term Loan Agreement, dated as of January 28, 1994, (ii) Second Amendment to Construction and Term Loan Agreement, dated as of December 31, 1994, and (iii) Third Amendment to Construction and Term Loan Agreement, dated as of March 30, 1995 (such agreement, as so amended, being referred to herein as the "Agreement").
