Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount to [$ ], effective as of [ ], [ ] (which is a Business Day). [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lenders") and General Electric Capital Corporation, as a Lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Amount effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lender") and General Electric Capital Corporation, as a lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.
Appears in 2 contracts
Samples: Receivables Funding Agreement (Superior Telecom Inc), Receivables Funding Agreement (Alpine Group Inc /De/)
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders Managing Agents and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount Limit to [$ ], effective as of [ ], [ ] (which is a Business Day). [].1 [This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount Limit will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX SIT FUNDING LLC By: Name: Title: General Electric Capital CorporationCORPORATION By Name Title 1 This day shall be a Business Day at least ten Business Days after the date this notice is given. The Bank of Nova Scotia, as Administrative Agent 000 Xxxx Xxx Xxxxxxx Xxxxx Xxxx XxxxxxxxXxx Xxxx, Xxxxxxxxxxx XX 00000 Attention: Vice President—Portfolio/Underwriting Re: Fourth Amended and Restated Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Fourth Amended and Restated Receivables Funding and Administration Agreement dated as of November 612, 2002 2010 (the "“Funding Agreement"”), by and among Superior Essex Funding LLC SIT FUNDING CORPORATION (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "“Lenders") ”), the other parties thereto and General Electric Capital CorporationThe Bank of Nova Scotia, as a Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders Managing Agents and the Administrative Agent of its election to terminate reduce the Maximum Facility Amount Limit to zero effective as of [ ], [ ]12. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX SIT FUNDING LLC By: Name: Title: CORPORATION By Name Title 2 Which day shall be a Business Day at least 20 30 days after the date this notice is given General Electric Capital Corporationgiven. The Bank of Nova Scotia, as Administrative Agent 000 Xxxx Xxx Xxxxxxx Xxxxx Xxxx XxxxxxxxXxx Xxxx, Xxxxxxxxxxx XX 00000 Attention: Vice President—Portfolio/Underwriting Re: Fourth Amended and Restated Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Fourth Amended and Restated Receivables Funding and Administration Agreement dated as of November 612, 2002 2010 (the "“Funding Agreement"”), by and among Superior Essex Funding LLC SIT FUNDING CORPORATION (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "Lender") “Lenders”), the other parties thereto and General Electric Capital CorporationThe Bank of Nova Scotia, as a lender lender, and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Synnex Corp)
Pursuant to Section 2. 02(a) of the Funding Credit Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Revolving Commitment Amount to [$ ], effective as of [ ], [ ] (which is a Business Day). [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] .1 After such reduction, the Maximum Facility Revolving Commitment Amount will not be less than the Outstanding Principal AmountAmount of Revolving Credit Advances and Swing Line Advances. Very truly yours, SUPERIOR ESSEX FUNDING SUNGARD AR FINANCING LLC By: Name: Title: By Name Title 1 This day shall be a Business Day at least three days after the date this notice is given. General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting SunGard AR Financing Account Manager Re: Receivables Funding Third Amended and Restated Credit and Security Agreement dated as of November 6May 14, 2002 2014 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Receivables Funding Third Amended and Restated Credit and Security Agreement dated as of November 6May 14, 2002 2014 (the "Funding “Credit Agreement"”), by and among Superior Essex Funding SunGard AR Financing LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "“Lenders"”) and General Electric Capital Corporation, as a Lender, Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Credit Agreement. Pursuant to Section 2.02(b) of the Funding Credit Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Revolving Commitment Amount effective as of [ ], [ ]12. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein2.03(g). Very truly yours, SUPERIOR ESSEX FUNDING SUNGARD AR FINANCING LLC By: Name: Title: By Name Title 2 Which day shall be a Business Day at least 20 3 days after the date this notice is given given. General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting SunGard AR Financing Account Manager Re: Receivables Funding Third Amended and Restated Credit and Security Agreement dated as of November 6May 14, 2002 2014 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding Third Amended and Restated Credit and Security Agreement dated as of November 6May 14, 2002 2014 (the "Funding “Credit Agreement"”), by and among Superior Essex Funding SunGard AR Financing LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "Lender"“Lenders”) and General Electric Capital Corporation, as a lender Lender, a Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Credit Agreement.
Appears in 1 contract
Samples: Credit and Security Agreement (Sungard Data Systems Inc)
Pursuant to Section 2. 02(a3(a) of the Funding Credit Agreement, the Borrower hereby irrevocably notifies requests that a Borrowing be made to the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount to [$ ], effective as of Borrower on [ ], [ ], in the amount of [$[ ],] (which is a Business Day). [[This reduction is to be disbursed to the [first/second] reduction [for the current calendar year] permitted by Borrower in accordance with Section 2.02(a2.3(b) of the Funding Credit Agreement.. The Borrower requests that such Borrowing be a [LIBOR Rate Advance][Index Rate Advance]] After . The Borrower hereby represents and warrants that the conditions set forth in Section 3.2 of the Credit Agreement (and all other conditions precedent to such reductionBorrowing in the Credit Agreement) have been satisfied. Attached hereto is a certificate setting forth a pro forma calculation of the Borrowing Base after giving effect to the acquisition by the Borrower of new Transferred Receivables and the receipt of Collections since the date of the most recent Borrowing Base Certificate, and the Maximum Facility Amount will not be less than the Outstanding Principal Amountmaking of such Borrowing. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: General Electric Capital Corporation, [ ] By Name Title GENERAL ELECTRIC CAPITAL CORPORATION as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxxunder the Credit Agreement referred to below , Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Alpha Second Receivables Funding Funding, LLC (the “Borrower”) Reference is made to that certain Credit and Security Agreement dated as of November 6September 19, 2002 Ladies 2014 (including all annexes, exhibits and Gentlemen: This notice is given pursuant schedules thereto and as from time to Section 2.02(b) of that certain Receivables Funding Agreement dated as of November 6time amended, 2002 (restated, supplemented or otherwise modified, the "Funding “Credit Agreement"”), by and among Superior Essex Funding LLC the Borrower, the financial institutions party thereto as revolving lenders (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"“Revolving Lenders”), the financial institutions party thereto as lenders (the "Lenders") and General Electric Capital Corporation, as a Lender and as administrative agent for the Lenders (in such capacitylc lenders, the "Swing Line Lender, Xxxxxxx Business Credit Corporation and the Administrative Agent"). Capitalized terms used and herein but not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Funding Credit Agreement. Pursuant The Borrower hereby gives you irrevocable notice, pursuant to Section 2.02(b2.3(b)(iv) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent Credit Agreement of its election to terminate request for the Maximum Facility Amount effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding Agreement dated as of November 6, 2002 following (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lender") and General Electric Capital Corporation, as a lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.“Proposed Conversion/Continuation”):
Appears in 1 contract
Samples: Credit and Security Agreement (Alpha Natural Resources, Inc.)
Pursuant to Section 2. 02(a19 (a) of the Funding Loan and Servicing Agreement, [the Collateral Manager on behalf of] the Borrower hereby irrevocably notifies requests a disbursement of Principal Collections from the Lenders Principal Collection Account in the amount of $_____________ (the “Disbursement”) to reinvest in additional Eligible Loans to be Pledged under the Loan and Servicing Agreement.] [2. Pursuant to Section 2.19(b) of the Loan and Servicing Agreement, [the Collateral Manager on behalf of] the Borrower hereby requests a disbursement of Principal Collections from the Principal Collection Account in the amount of $_____________ (the “Disbursement”) to make payments in respect of the Advances Outstanding in accordance with and subject to the terms of Section 2.17 of the Loan and Servicing Agreement.] [3]. The Collateral Manager on behalf of the Borrower hereby requests that such Disbursement be made on the following date: _____________. [4]. Wire Instructions: Bank Name: ABA No.: Account Name: Account No.: Reference: [5]. In connection with a Disbursement pursuant to Section 2.19 (a) of the Loan and Servicing Agreement, attached to this Disbursement Request are both a true, correct and complete (i) calculation of the Borrowing Base and all components thereof and (ii) list of all Loans which will become part of the Collateral Portfolio on the date hereof, each Loan reflected thereon being an Eligible Loan on the date hereof and identified as either a Broadly Syndicated Loan, Traditional Middle Market Loan, Large Middle Market Loan, Fixed Rate Loan, Senior Secured BondFirst Lien Last Out Loan, Second Lien Loan or DIP Loan. [6]. All of the conditions applicable to the Disbursement as set forth in [Section 2.19(a)] [Section 2.19(b)] of the Loan and Servicing Agreement have been satisfied as of the date hereof and will remain satisfied to the date of such Disbursement including the following:
(i) The representations and warranties of each of the Collateral Manager and the Borrower, respectively, set forth in Sections 4.01 and 4.02 of the Loan and Servicing Agreement and Section 4 of the Management Agreement are true and correct in all respects on and as of such date, before and after giving effect to such Disbursement and to the application of the proceeds therefrom, as though made on and as of such date, except to the extent relating to an earlier date;
(ii) [No Event of Default or Unmatured Event of Default has occurred and is continuing or would result from such Disbursement or from the application of the proceeds therefrom and no Borrowing Base Deficiency exists or would result from such Disbursement or from the application of the proceeds therefrom; provided that if as a result of such Disbursement any Borrowing Base Deficiency would be decreased, such Disbursement will be permitted; and]1
(iii) [No Event of Default has occurred and is continuing or would result from such Disbursement or from the application of the proceeds therefrom, except to the extent that the Borrower has requested and the Administrative Agent has agreed to direct the Collateral Agent to allow the Borrower to withdraw funds from the Principal Collection Account for the purpose of making such Disbursement; and]2
(iv) The [Collateral Manager][Borrower] is in compliance with each of its election to permanently reduce covenants set forth in the Maximum Facility Amount to Transaction Documents. [$ 7]. The undersigned certifies that all information contained herein and in the attached Borrowing Base Certificate, effective as applicable, is true, correct and complete as of [ ], [ ] (which is a Business Day)the date hereof. [[This reduction is the [first/secondATTACH BORROWING BASE CERTIFICATE AND LOAN SCHEDULE FOR DISBURSEMENTS PURSUANT TO SECTION 2.19(A)] reduction [1 Add for the current calendar year] permitted by disbursements requested pursuant to Section 2.02(a2.19(a) of the Funding Loan and Servicing Agreement.]] After such reduction, the Maximum Facility Amount will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given 2 Add for disbursements requested pursuant to Section 2.02(b) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lenders") and General Electric Capital Corporation, as a Lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b2.19(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders Loan and the Administrative Agent of its election to terminate the Maximum Facility Amount effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lender") and General Electric Capital Corporation, as a lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Servicing Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (FS Investment Corp II)
Pursuant to Section 2. 02(a2(a) of the Funding Credit Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Revolving Commitment Amount by an amount equal to [$ ], effective as of [ ], [ ] (which is a Business Day)]. [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After giving effect to such reduction, the Maximum Facility Revolving Commitment Amount will not be less than the Outstanding Principal Amountequal to [$ ]. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: [ ] By Name Title General Electric Capital Corporation, as Administrative Agent 000 Xxxxxxx 0 Norwalk, CT 06851 Attention: Xxxx Xxxxx and General Electric Capital Corporation 000 Xxxx XxxxxxxxXxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxxxx Xxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Senior Counsel-Corporate Finance Re: Receivables Funding Credit and Security Agreement dated as of November 6September 19, 2002 2014 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b2.2(b) of that certain Receivables Funding Credit and Security Agreement dated as of November 6September 19, 2002 2014 (the "Funding “Credit Agreement"”), by and among Superior Essex Funding ANR Second Receivables Funding, LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as revolving lenders (the "“Revolving Lenders") ”), the financial institutions party thereto as LC Lenders, Xxxxxxx Business Credit Corporation and General Electric Capital Corporation, as a Lender swing line lender (the “Swingline Lender” and, together with the Revolving Lenders, the “Lenders”) and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Credit Agreement. Pursuant to Section 2.02(b2.2(b) of the Funding Credit Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Revolving Commitment Amount effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given [ ] By Name Title General Electric Capital Corporation, as Administrative Agent 000 Xxxxxxx 0 Norwalk, CT 06851 Attention: Xxxx Xxxxx and General Electric Capital Corporation 000 Xxxx XxxxxxxxXxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxxxx Xxxxxxxx 00000 Attention: Vice President—Portfolio/Underwriting Senior Counsel-Corporate Finance Re: Receivables Funding Credit and Security Agreement dated as of November 6September 19, 2002 2014 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a2.3(a) of that certain Receivables Funding Credit and Security Agreement dated as of November 6September 19, 2002 2014 (the "Funding “Credit Agreement"”), by and among Superior Essex Funding ANR Second Receivables Funding, LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as revolving lenders (the "Lender") “Revolving Lenders”), the financial institutions party thereto as LC Lenders, Xxxxxxx Business Credit Corporation and General Electric Capital Corporation, as a swing line lender (the “Swingline Lender” and, together with the Revolving Lenders, the “Lenders”) and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Credit Agreement.
Appears in 1 contract
Samples: Credit and Security Agreement (Alpha Natural Resources, Inc.)
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount Aggregate Commitment to [$ $_____], effective as of [ [_____ __], [ ] (which is a Business Day). [[This ___].[[This reduction is the [first/second/third/fourth] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount Aggregate Commitment will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: General Electric Capital Corporation[___________] By ___________________________________ Name _________________________________ Title __________________________________ Xxxxx Fargo Bank, National Association, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx0000 Xxxxxxxxx Xxxx, Xxxxxxxxxxx 00000 Suite 1600 Atlanta, Georgia 30328 Attention: Vice President—Portfolio/Underwriting Xxxxx Xxxxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000] Re: Amended and Restated Receivables Funding and Administration Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Amended and Restated Receivables Funding and Administration Agreement dated as of November 6March 15, 2002 2017 (the "“Funding Agreement"”), by and among Superior Essex CMI Receivables Funding LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "“Lenders"”) and General Electric Capital CorporationXxxxx Fargo Bank, National Association, as a Lender, Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Amount Aggregate Commitment effective as of [ [_____ __], [ [___]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h2.03(g) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given General Electric Capital Corporation[___________] By ___________________________________ Name _________________________________ Title __________________________________ Xxxxx Fargo Bank, National Association, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx0000 Xxxxxxxxx Xxxx, Xxxxxxxxxxx 00000 Suite 1600 Atlanta, Georgia 30328 Attention: Vice President—Portfolio/Underwriting Xxxxx Xxxxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Re: Amended and Restated Receivables Funding and Administration Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Amended and Restated Receivables Funding and Administration Agreement dated as of November 6March 15, 2002 2017 (the "“Funding Agreement"”), by and among Superior Essex CMI Receivables Funding LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "Lender"“Lenders”) and General Electric Capital CorporationXxxxx Fargo Bank, National Association, as a lender lender, a Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Cumulus Media Inc)
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders Managing Agents and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount Limit to [$ ], effective as of [ ], [ ] (which is a Business Day). [].1 [This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount Advances Outstanding shall equal [$ ] and will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX SIT FUNDING LLC By: Name: Title: General Electric Capital CorporationCORPORATION By Name Title 1 This day shall be a Business Day at least ten Business Days after the date this notice is given. Bank of America, N.A., as Administrative Agent 000 Xxxx Xxxxx Xxxx XxxxxxxxXxxxx Xxxxxx, Xxxxxxxxxxx 00000 19th Floor NC1-027-19-01 Charlotte, NC 28255 Attention: Vice President—Portfolio/Underwriting ABCP Funding Group Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Re: Third Amended and Restated Receivables Funding and Administration Agreement dated as of November 6January 23, 2002 2009 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Receivables Funding and Administration Agreement dated as of November 6January 23, 2002 2009 (the "“Funding Agreement"”), by and among Superior Essex Funding LLC SIT FUNDING CORPORATION (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "“Lenders") ”), the other parties thereto and General Electric Capital CorporationBank of America, N.A., as a Lender, Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders Managing Agents and the Administrative Agent of its election to terminate reduce the Maximum Facility Amount Limit to zero effective as of [ ], [ ]12. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX SIT FUNDING LLC By: Name: Title: CORPORATION By Name Title 2 Which day shall be a Business Day at least 20 30 days after the date this notice is given General Electric Capital Corporationgiven. Bank of America, N.A., as Administrative Agent 000 Xxxx Xxxxx Xxxx XxxxxxxxXxxxx Xxxxxx, Xxxxxxxxxxx 00000 19th Floor NC1-027-19-01 Charlotte, NC 28255 Attention: Vice President—Portfolio/Underwriting ABCP Funding Group Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Re: Third Amended and Restated Receivables Funding and Administration Agreement dated as of November 6January 23, 2002 2009 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding and Administration Agreement dated as of November 6January 23, 2002 2009 (the "“Funding Agreement"”), by and among Superior Essex Funding LLC SIT FUNDING CORPORATION (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "Lender") “Lenders”), the other parties thereto and General Electric Capital CorporationBank of America, N.A., as a lender lender, the Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Synnex Corp)
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount Aggregate Commitment to [$ ], effective as of [ ], [ ] (which is a Business Day). ].1 [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount Aggregate Commitment will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX REXNORD FUNDING LLC By: Name: Title: By Name Title 1 This day shall be a Business Day at least ten Business Day after the date this notice is given. General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxxxx Xxxxx Xxxx XxxxxxxxNorwalk, Xxxxxxxxxxx 00000 Connecticut 06851 Attention: Vice President—President – Portfolio/Underwriting Re: Amended and Restated Receivables Funding Agreement dated as of November 6, 2002 and Administration Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Amended and Restated Receivables Funding and Administration Agreement dated as of November 6May 20, 2002 2011 (the "“Funding Agreement"”), by and among Superior Essex Rexnord Funding LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "“Lenders"”) and General Electric Capital Corporation, as a Lender, Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Amount Aggregate Commitment effective as of [ ], [ ]12. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h2.03(g) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX REXNORD FUNDING LLC By: Name: Title: By Name Title 2 Which day shall be a Business Day at least 20 30 days after the date this notice is given given. General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxxxx Xxxxx Xxxx XxxxxxxxNorwalk, Xxxxxxxxxxx 00000 Connecticut 06851 Attention: Vice President—President – Portfolio/Underwriting Re: Amended and Restated Receivables Funding Agreement dated as of November 6, 2002 and Administration Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Amended and Restated Receivables Funding and Administration Agreement dated as of November 6May 20, 2002 2011 (the "“Funding Agreement"”), by and among Superior Essex Rexnord Funding LLC (the "“Borrower"), Superior Telecommunications Inc. (the "Servicer"”), the financial institutions party thereto as lenders (the "Lender"“Lenders”) and General Electric Capital Corporation, as a lender lender, a Swing Line Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (RBS Global Inc)
Pursuant to Section 2. 02(a) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to permanently reduce the Maximum Facility Amount Aggregate Commitment to [$ ], effective as of [ ], [ ] (which is a Business Day). [[This reduction is the [first/second] reduction [for the current calendar year] permitted by Section 2.02(a) of the Funding Agreement.]] After such reduction, the Maximum Facility Amount Aggregate Commitment will not be less than the Outstanding Principal Amount. Very truly yours, SUPERIOR ESSEX FUNDING AKS RECEIVABLES, LLC By: AKSR INVESTMENTS, INC., as its Managing Member By: Name: Title: General Electric Capital Corporation, as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Vice President—President – Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6May 27, 2002 2004 Ladies and Gentlemen: This notice is given pursuant to Section 2.02(b) of that certain Receivables Funding Agreement dated as of November 6May 27, 2002 2004 (the "“Funding Agreement"”), by and among Superior Essex Funding AKS Receivables, LLC (the "“Borrower"”), Superior Telecommunications Inc. AK Steel Corporation (the "“Servicer"”), the financial institutions party thereto as lenders (the "“Lenders"”) and General Electric Capital Corporation, as a Lender and as administrative agent for the Lenders (in such capacity, the "“Administrative Agent"”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement. Pursuant to Section 2.02(b) of the Funding Agreement, the Borrower hereby irrevocably notifies the Lenders and the Administrative Agent of its election to terminate the Maximum Facility Amount Aggregate Commitment effective as of [ ], [ ]1. In connection therewith, the Borrower shall reduce Outstanding Principal Amount to zero on or prior to such date and make all other payments required by Section 2.03(h) and pay any other fees that are due and payable pursuant to the Fee Letter at the time and in the manner specified therein. Very truly yours, SUPERIOR ESSEX FUNDING AKS RECEIVABLES, LLC By: Name: Title: Which day shall be a Business Day at least 20 days after the date this notice is given General Electric Capital CorporationAKSR INVESTMENTS, INC., as Administrative Agent 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attentionits Managing Member By: Vice President—Portfolio/Underwriting Re: Receivables Funding Agreement dated as of November 6, 2002 Ladies and Gentlemen: This notice is given pursuant to Section 2.03(a) of that certain Receivables Funding Agreement dated as of November 6, 2002 (the "Funding Agreement"), by and among Superior Essex Funding LLC (the "Borrower"), Superior Telecommunications Inc. (the "Servicer"), the financial institutions party thereto as lenders (the "Lender") and General Electric Capital Corporation, as a lender and as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Funding Agreement.Name:
Appears in 1 contract
Samples: Receivables Funding Agreement (Ak Steel Holding Corp)