Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 32 Section 4.2. Presumption of Payment by the Borrower 33 Section 4.3. Certain Deductions by the Administrative Agent 33
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 40 Section 4.02 Presumption of Payment by the Borrower 41 Section 4.03 Certain Deductions by the Administrative Agent 41 Section 4.04 Disposition of Proceeds 41 Section 5.01 Increased Costs 42 Section 5.02 Break Funding Payments 43 Section 5.03 Taxes. 43 Section 5.04 Mitigation Obligations; Replacement of Lenders 44 Section 5.05 Illegality 45
Payments Pro Rata Treatment Sharing of Set Offs. 41
Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 41 Section 4.02 Presumption of Payment by the Borrower 42 Section 4.03 Certain Deductions by the Administrative Agent 42 Section 5.01 Increased Costs 43 Section 5.02 Break Funding Payments 44 Section 5.03 Taxes 44 Section 5.04 Designation of Different Lending Office 45 Section 5.05 Illegality 45
Section 6.01 Effective Date 46 Section 6.02 Each Credit Event 48 Section 6.03 Acquisition 49 Section 7.01 Organization; Powers 50 Section 7.02 Authority; Enforceability 51 Section 7.03 Approvals; No Conflicts 51 Section 7.04 Financial Position; No Material Adverse Change 51 Section 7.05 Litigation 52 Section 7.06 Environmental Matters 52 Section 7.07 Compliance with the Laws and Agreements; No Defaults 53 Section 7.08 Investment Company Act 54 Section 7.09 Taxes 54 Section 7.10 ERISA 54 Section 7.11 Disclosure; No Material Misstatements 55 Section 7.12 Insurance 55 Section 7.13 Restriction on Liens 56 Section 7.14 Subsidiaries 56 Section 7.15 Location of Business and Offices 56 Section 7.16 Properties; Titles, Etc 56 Section 7.17 Maintenance of Properties 57 Section 7.18 Gas Imbalances, Prepayments 58 Section 7.19 Marketing of Production 58 Section 7.20 Swap Agreements 58 Section 7.21 Use of Loans and Letters of Credit 58 Section 7.22 Solvency 59 Section 8.01 Financial Statements; Other Information 59 Section 8.02 Notices of Material Events 62 Section 8.03 Existence; Conduct of Business 63 Section 8.04 Payment of Obligations 63 Section 8.05 Performance of Obligations under Loan Documents 63 Section 8.06 Operation and Maintenance of Properties 63 Section 8.07 Insurance 64 Section 8.08 Books and Records; Inspection Rights 64 Section 8.09 Compliance with Laws 64 Section 8.10 Environmental Matters 64 Section 8.11 Further Assurances 65 Section 8.12 Reserve Reports 66 Section 8.13 Title Information 67 Section 8.14 Additional Collateral; Additional Guarantors 68 Section 8.15 ERISA Compliance 68 Section 8.16 Marketing Activities 69 Section 8.17 Clean-Down 69 Section 9.01 Financial Covenants 70 Section 9.02 Debt 70 Section 9.03 Liens 71 Section 9.04 Dividends, Distributions and Redemptions 71 Section 9.05 Investments, Loans and Advances 72 Section 9.06 Nature of Business; International Operations 73 Section 9.07 Limitation on Leases 73 Section 9.08 Proceeds of Loans 74 Section 9.09 ERISA Compliance 74 Section 9.10 Sale or Discount of Receivables 75 Section 9.11 Mergers, Etc 75 Section 9.12 Sale of P...
Payments Pro Rata Treatment Sharing of Set Offs. Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 35 Section 4.02 Presumption of Payment by the Borrower 36 Section 4.03 Certain Deductions by the Administrative Agent 36 Section 4.04 Disposition of Proceeds 36
Payments Pro Rata Treatment Sharing of Set Offs. 24
Section 4.01 Payments Generally; Pro Rata Treatment; Sharing of Set-offs 24 Section 4.02 Presumption of Payment by the Borrower 25 Section 4.03 Certain Deductions by the Administrative Agent 25 ARTICLE V INCREASED COSTS; TAXES 25 Section 5.01 Increased Costs 25 Section 5.02 Taxes 26 ARTICLE VI LOCKBOX PROCEDURES; CASUALTY PROCEEDS 26 Section 6.01 Lockbox Account 26 Section 6.02 Notice 28 Section 6.03 Casualty Proceeds 28 ARTICLE VII CONDITIONS PRECEDENT 29 Section 7.01 Initial Funding 29 Section 7.02 Subsequent Commitment Increases 32 Section 7.03 All Fundings 33 Section 7.04 Conditions Precedent for the Benefit of the Lender 33 Section 7.05 No Waiver 33 ARTICLE VIII REPRESENTATIONS AND WARRANTIES 33 Section 8.01 Organization; Powers 33 Section 8.02 Authority; Enforceability 34 Section 8.03 Approvals; No Conflicts 34 Section 8.04 Financial Condition; No Material Adverse Change 34 Section 8.05 Litigation 35 Section 8.06 Environmental Matters 35
Payments Pro Rata Treatment Sharing of Set Offs. (i) Each Second Lien Term Lender hereby irrevocably waives (and hereby gives notice to the Administrative Agent with respect to such waiver) any rights of payment or participation under Section 2.18(b) or (c) of the Credit Agreement with respect to (i) any proceeds of Common Collateral resulting from the sale, collection or other disposition of Common Collateral as a result of or in connection with an Enforcement Action except to the extent that the Second Priority Obligations (as defined in the Intercreditor Agreement) are entitled to such proceeds under the Intercreditor Agreement, (ii) any payment, prepayment or repurchase of the Term B Loans made by the Borrower prior to the First Priority Obligations Payment Date or (iii) the exercise of any right, including set-off or counterclaim, referred to in Section 2.18(c) by any First Lien Lender (in its capacity as such).
(ii) With respect to the Second Lien Term Loans, the provisions of Section 2.18(c) shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of the Credit Agreement or any payment obtained by any Second Lien Term Lender (whether from an Affiliate of the Borrower or otherwise) as consideration for the assignment of or sale of a participation in any of its Second Lien Term Loans.
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 62 SECTION 4.02. Presumption of Payment by the Borrower 63 SECTION 4.03. [Reserved] 63 SECTION 4.04. Disposition of Proceeds 64 SECTION 5.01. Reserve Requirements; Change in Circumstances 64 SECTION 5.02. Indemnity 65 SECTION 5.03. Taxes 65 SECTION 5.04. Mitigation Obligations; Replacement of Lenders 68 SECTION 5.05. Change in Legality 69
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 68 Section 4.02 Presumption of Payment by the Borrower 69 Section 4.03 Disposition of Proceeds 69 Section 4.04 Defaulting Lenders 69 Section 5.01 Increased Costs 72 Section 5.02 Break Funding Payments 73 Section 5.03 Taxes 74 Section 5.04 Matters Applicable to All Requests for Compensation 77 Section 5.05 Mitigation Obligations 77 Section 5.06 Illegality 78
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs Section 4.02 Presumption of Payment by the Borrower
Payments Pro Rata Treatment Sharing of Set Offs. Payments Generally; Pro Rata Treatment; Sharing of Set-offs................31 Presumption of Payment by the Borrower.....................................32
