Common use of PRELIMINARY STATEMENTS Clause in Contracts

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Agreement dated as of July 14, 1995 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Penda Corp), Credit Agreement (Penda Corp), Credit Agreement (Penda Corp)

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PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an are parties to that certain Amended and Restated Five Year Credit Agreement dated as of July 14June 27, 1995 2005 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment (the "Amendment") have the same meanings as specified in the Credit Agreement.

Appears in 3 contracts

Samples: Supplemental Agreement, Year Credit Agreement (Gatx Corp), Year Credit Agreement (Gatx Financial Corp)

PRELIMINARY STATEMENTS. (1) The Borrower, the Parent, the Subsidiary Guarantors, the Lenders and the Administrative Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14April 5, 1995 2000 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Itc Deltacom Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders lenders from time to time party thereto (the “Banks”) and the Administrative Agent have entered into an are parties to a Amended and Restated Credit Agreement dated as of July 14October 13, 1995 2021 (as further amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Alliancebernstein Holding L.P.), Credit Agreement (Alliancebernstein L.P.)

PRELIMINARY STATEMENTS. (1) The 1)The Borrower, the Lenders and the Agent have entered into an a Fourth Amended and Restated Credit Agreement dated as of July 14January 27, 1995 2017 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.)

PRELIMINARY STATEMENTS. (1) The Borrower, the Guarantors, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14April 27, 1995 2006 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (CBRL Group Inc), Credit Agreement (CBRL Group Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated a Five-Year Credit Agreement dated as of July 14June 27, 1995 2000 and amended and restated as of December 31, 2002 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement. (2) The Company, the Required Lenders and the Agent have agreed to amend the Credit Agreement as hereinafter set forth. SECTION 1.

Appears in 2 contracts

Samples: Credit Agreement (Interpublic Group of Companies Inc), Credit Agreement (Interpublic Group of Companies Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14December 2, 1995 1999 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Honeywell International Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14June 16, 1995 2004 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Five Year Revolving Agreement dated as of July 14April 30, 1995 2003 as amended by Amendment No. 1 dated as of June 25, 2003 (as so amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Avaya Inc

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Administrative Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14November 4, 1995 2011 (as amended, supplemented or otherwise modified through the date hereofextended and amended to date, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment shall have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: The Credit Agreement (Colgate Palmolive Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14April 30, 1995 2013 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment shall have the same meanings as specified in the Credit Agreement.. (2) The Borrower and the Lenders have agreed to amend the Credit Agreement as hereinafter set forth. (3)

Appears in 1 contract

Samples: Credit Agreement

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 1426, 1995 2005 and the letter amendment thereto dated as of June 13, 2007 (such Credit Agreement, as so amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sealed Air Corp/De)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Administrative Agent have entered into an are parties to that certain Eighth Amended and Restated Credit Agreement dated as of July 14September 24, 1995 2021 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Aes Corp)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Initial Lenders and the Agent have entered into an Amended and Restated Credit Agreement dated as of July 14April 25, 1995 2000 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (C Quential Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14February 23, 1995 2005, amended by amendment No. 1 dated as of May 25, 2005 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Avaya Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14April 30, 1995 2013 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment shall have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gatx Corp)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated Five Year Credit Agreement dated as of July 14October 25, 1995 2018 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Eastman Chemical Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Agreement dated as of July 14March 24, 1995 2004 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: The Credit Agreement (Caremark Rx Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Paying Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14May 22, 1995 2002 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July October 14, 1995 2011 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: The Credit Agreement (Hershey Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14March 8, 1995 2005, as amended by Amendment No. 1 dated as of January 1, 2006 (as so amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Administrative Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14November 8, 1995 2010, amended and restated as of January 25, 2012 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders Additional Obligors, the Lenders, the Administrative Agent and the Agent other parties thereto have entered into an Amended and Restated Five-Year Credit Agreement dated as of July 14June 15, 1995 2004 (as amended, supplemented or otherwise modified through the date hereof, the "Five-Year Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Five-Year Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Administrative Agent have entered into an Amended and Restated Revolving Credit Agreement dated as of July 14April 11, 1995 1997 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Administrative Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14March 1, 1995 2011 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Paying Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14May 20, 1995 2004 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 1431, 1995 2001 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (May Department Stores Co)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated are parties to that certain Five-Year Credit Agreement dated as of July 14October 30, 1995 2019 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Boeing Co)

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PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14June 27, 1995 2000 (as amended, supplemented or otherwise modified through the date hereof, the "Credit AgreementCREDIT AGREEMENT"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Interpublic Group of Companies Inc

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a 5-Year Credit Agreement dated as of July August 14, 1995 2002 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Washington Post Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14September 26, 1995 2001 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (International Flavors & Fragrances Inc)

PRELIMINARY STATEMENTS. (1) A. The Borrower, the Lenders and the Administrative Agent have entered into an Amended and Restated the Revolving Credit Agreement Agreement, dated as of July 1421, 1995 2005 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized All capitalized terms used in this Amendment but not otherwise defined in this Amendment shall have the same meanings as specified given to such terms in the Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14April 30, 1995 2004, as amended by Amendment No. 1 dated as of September 9, 2005 (as so amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Office Depot Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerCompany, the Lenders and the Agent have entered into an are parties to a Second Amended and Restated Five-Year Credit Agreement dated as of July 14December 3, 1995 2021 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Eastman Chemical Co)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Agreement dated as of July 14April 30, 1995 2007, as amended by Amendment No. 1 dated as of October 27, 2008 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Agent have entered into an Amended and Restated Long-Term Five-Year Credit Agreement dated as of July 14December 1, 1995 2005 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Whirlpool Corp /De/)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14May 23, 1995 2019 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms used but not otherwise defined in this Amendment shall have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gatx Corp)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Agent have entered into an Amended Amendment and Restated Five Year Credit Agreement dated as of July 14June 7, 1995 2007 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cytec Industries Inc/De/)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14April 30, 1995 2004 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: The Credit Agreement (Office Depot Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Agreement dated as of July 14April 30, 1995 2007 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14February 23, 1995 2005 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Avaya Inc)

PRELIMINARY STATEMENTS. (1) The Holdings, the Borrower, the Lenders and the Administrative Agent have entered into an Amended and Restated Credit Agreement dated as of July 14June 16, 1995 2006 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Leap Wireless International Inc)

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders and the Agent have entered into an Amended and Restated Credit Five Year Revolving Agreement dated as of July 14April 30, 1995 2003 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Avaya Inc

PRELIMINARY STATEMENTS. (1) The Borrower, the Lenders Lenders, the Agent and the Agent other agents party thereto have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14June 6, 1995 2006 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment No. 1 have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pepsico Inc)

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders and the Administrative Agent have entered into an that certain Fifth Amended and Restated Credit Agreement dated as of July 14March 27, 1995 2020 (as amended, supplemented or otherwise modified through the date hereofamended from time to time, the "Credit Agreement"). Capitalized ”; capitalized terms used and not otherwise defined in this Amendment herein have the same meanings as specified assigned to such terms in the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (Cubic Corp /De/)

PRELIMINARY STATEMENTS. (1) The Borrower, the Guarantors, the Lenders and the Agent have entered into an Amended and Restated a Credit Agreement dated as of July 14January 23, 1995 2006 (as heretofore amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Td Ameritrade Holding Corp

PRELIMINARY STATEMENTS. (1) The BorrowerBorrowers, the Lenders Lenders, the Agent and the Agent Co-Agents have entered into an Amended and Restated a Five Year Credit Agreement dated as of July 14November 4, 1995 1996 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Appears in 1 contract

Samples: Coca Cola Enterprises Inc

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