Common use of Successor Rates Clause in Contracts

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate for a currency shall be deemed to apply to Affected Alternative Currency Loans and XXXXX, XXXXX and EURIBOR, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen and Euros and XXXXX, TIBOR and EURIBOR, as applicable. ​ ​ ​ ​ Exhibit A ​ FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent ​ Ladies and Gentlemen: ​ Reference is made to that certain Amended and Restated Credit Agreement, dated as of June 28, 2018 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among Avnet, Inc. a New York corporation, the Designated Borrowers from time to time party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. ​ The undersigned hereby requests (select one)2: ​ ​ Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ [Insert name of Borrower]

Appears in 1 contract

Samples: Credit Agreement (Avnet Inc)

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Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate LIBOR Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Loans and XXXXX, XXXXX and EURIBOR, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen Sterling and Euros and XXXXX, TIBOR XXXXX and EURIBORXXXXXXX, as applicable. ​ ​ ​ ​ Appendix A-5 Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of June 28March 25, 2018 2020 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetXxxxxxx-Xxxxxx, Inc. Inc., a New York corporationDelaware corporation (the “Parent Borrower”), the Designated Borrowers from time to time party thereto, the Guarantors from time to time party thereto, the Lenders from time to time party thereto, the L/C Issuers from time to time party thereto and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned Parent Borrower hereby requests on behalf of itself or, if applicable, the Designated Borrower referenced below (the “Applicable Borrower”) on [TYPE REQUESTED FUNDING DATE] (a Business Day) (select one)2: ​ ​ Revolving Facility Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Applicable Borrower Name Indicate:Requested Amount Amount3 Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Indicate: Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ period)4 The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ [Insert name of Borrower].

Appears in 1 contract

Samples: Libor Transition Amendment (Kennedy-Wilson Holdings, Inc.)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Loans and XXXXX, XXXXX and EURIBORXXXXXXX, as applicable, and the related defined terms shall be deemed to include SterlingXxxxxxxx, Japanese Yen and Euros Xxxxx and XXXXX, TIBOR XXXXX and EURIBORXXXXXXX, as applicable. ​ ​ ​ ​ 149377156_5 Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Amended Xxxxxxx and Restated Credit Agreement, dated as of June 28November 30, 2018 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetFORTIVE CORPORATION, Inc. a New York corporation, Delaware corporation (the Designated Borrowers from time to time party thereto“Company”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned hereby requests (select one)2: ​ ​ Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Indicate: Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ FORTIVE CORPORATION By: Name: [Insert name of Borrower]Type Signatory Name] Title: [Type Signatory Title] 1 Note to Company. All requests submitted under a single Committed Loan Notice must be effective on the same date. If multiple effective dates are needed, multiple Committed Loan Notices will need to be prepared and signed.

Appears in 1 contract

Samples: Credit Agreement (Fortive Corp)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency Dollars shall be deemed to apply to Affected Alternative Currency SOFR Daily Floating Rate Loans and XXXXX, XXXXX and EURIBORSOFR Daily Floating Rate, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen Dollars and Euros and XXXXX, TIBOR and EURIBORthe SOFR Daily Floating Rate, as applicable. ​ ​ ​ ​ Exhibit EXHIBIT A ​ FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Term SOFR Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent ​ Ladies and Gentlemen: ​ Reference is made to that certain Amended and Restated Credit Agreement, dated as of June 28April 30, 2018 2021 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetOMEGA HEALTHCARE INVESTORS, Inc. INC., a New York corporationMaryland corporation (the “Borrower”), the Designated Borrowers from time to time Guarantors party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. ​ The undersigned hereby requests (select one)2: ​ ​ Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan SOFR Loans For Affected Alternative Currency Term SOFR Rate Loans Indicate:​Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. OMEGA HEALTHCARE INVESTORS, INC. By:​ ​​ [Insert name of Name: Title: ___________________________ 1 Note to Borrower]. All requests submitted under a single Committed Loan Notice must be effective on the same date. If multiple effective dates are needed, multiple Committed Loan Notices will need to be prepared and signed.

Appears in 1 contract

Samples: Conforming Changes Amendment (Omega Healthcare Investors Inc)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Loans and XXXXX, XXXXX and EURIBOR, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen and Euros and XXXXX, TIBOR and EURIBOR, as applicable. ​ ​ ​ ​ Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Fourth Amended and Restated Credit Agreement, dated as of June 28March 13, 2018 2020 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetBorgWarner Inc., Inc. a New York corporation, Delaware corporation (the Designated Borrowers from time to time party thereto“Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned hereby requests (select one)2: ​ ​ Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Indicate: Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ BORGWARNER INC. By: Name: [Insert name of BorrowerType Signatory Name] Title: [Type Signatory Title]

Appears in 1 contract

Samples: Credit Agreement (Borgwarner Inc)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Sterling Rate Loans and XXXXX, XXXXX and EURIBOR, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen and Euros Sterling and XXXXX, TIBOR and EURIBOR, as applicable. ​ ​ ​ ​ Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Sterling Rate Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Third Amended and Restated Credit Agreement dated as of November 2, 2016 (as amended by Amendment No. 1 to Credit Agreement, dated as of December 8, 2017, Amendment No. 2 to Credit Agreement, dated as of June 18, 2018, Amendment No. 3 to Credit Agreement, dated as of June 18, 2018, Amendment No. 4 to Credit Agreement, dated as of June 28, 2018 (as amended by that certain 2019, Amendment No. 1 5 to Amended and Restated Credit Agreement, dated as of August 4March 31, 2020, Amendment No. 6 to Credit Agreement, dated as of June 26, 2021, Amendment No. 7 to Credit Agreement, dated as of March 10, 2021 and Amendment No. 8 to Credit Agreement, dated as further of October 27, 2021 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetHarsco Corporation, Inc. a New York corporationDelaware corporation (the “Company”), the Designated Borrowers from time to time Subsidiary Guarantors party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned hereby requests (select one)2requests2: ​ ​ Revolving Credit Facility Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Borrowing Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Sterling Rate Loan or Affected Alternative Currency Term Rate Sterling Yes Sterling Yes Sterling Yes 1Note to the Company. All requests submitted under a single Committed Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Period (e.g.Notice must be effective on the same date. If multiple effective dates are needed, 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The multiple Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ [Insert name of Borrower]Loan Notices will need to be prepared and signed.

Appears in 1 contract

Samples: Credit Agreement (Harsco Corp)

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Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Daily Rate Loans and XXXXX, XXXXX and EURIBOR, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen and Euros Sterling and XXXXX, TIBOR and EURIBOR, as applicable. ​ ​ ​ ​ Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Daily Rate Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Amended and Restated Credit Term Loan Agreement, dated as of June 28January 20, 2018 2021 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetXxxxxx Engineering Group Inc., Inc. a New York corporationDelaware corporation (the “Company”), certain subsidiaries of the Company party thereto pursuant to Section 2.13 of the Agreement (each a “Designated Borrower” and, together with the Company, the Designated Borrowers from time to time party thereto“Borrowers” and each a “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned Company hereby requests (select one)2: ​ ​ Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation a GBP Term Borrowing in Sterling at the Alternative Currency Daily Rate as follows:2 Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate Date (Business Day) XXXXXX ENGINEERING GROUP INC. By: Name: [Type Signatory Name] Title: [Type Signatory Title] 1 Note to Company. All requests submitted under a single Loan or Affected Alternative Currency Term Rate Notice must be effective on the same date. If multiple effective dates are needed, multiple Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ [Insert name of Borrower]Notices will need to be prepared and signed.

Appears in 1 contract

Samples: Term Loan Agreement (Jacobs Engineering Group Inc /De/)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate LIBOR for a currency Dollars shall be deemed to apply to Affected Alternative Currency Loans Term B Facility Term SOFR Loans, Term B Facility Term SOFR and XXXXX, XXXXX and EURIBORTerm B Facility SOFR, as applicable, and the related defined terms shall be deemed to include SterlingDollars, Japanese Yen Term B Facility Term SOFR and Euros and XXXXX, TIBOR and EURIBORTerm B Facility SOFR, as applicable. ​ ​ ​ ​ Exhibit A FORM OF TERM B FACILITY COMMITTED LOAN NOTICE (Affected Alternative Currency Term B Loans) Date: ___________, 20_____1 _ To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Amended and Restated Credit Syndicated Facility Agreement, dated as of June 28April 25, 2018 (as previously amended, as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, hereby and as further amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” ”; the terms defined therein being used herein as therein defined), among AvnetKBR, Inc. INC., a New York corporationDelaware corporation (“KBR”), each Designated Borrower (as defined in the Credit Agreement), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the Designated Borrowers from time to time party thereto, “Administrative Agent”) and the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swingline Lender. The undersigned hereby requests (select one)2one)1: ​ ​ [Term B Facility] Indicate:Effective Date Indicate:Committed : Borrowing,, Conversion or Continuation Indicate:: Borrower Name Indicate:: Requested Amount Indicate:Currency Indicate:Affected Alternative Currency Daily Rate : Term B Facility Term SOFR Loan or Affected Alternative Currency Term B Facility Base Rate Loan For Affected Alternative Currency Term Rate B Facility Term SOFR Loans Indicate:​Interest Indicate: Term B Facility Interest Period (e.g., 1, 1 or 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in the Credit Agreement. ​ ​​ [Insert name of BorrowerBORROWER] By: Name: [Type Signatory Name] Title: [Type Signatory Title]

Appears in 1 contract

Samples: Credit Agreement (Kbr, Inc.)

Successor Rates. The provisions in the Credit Agreement addressing the replacement of a current successor rate Successor Rate for a currency shall be deemed to apply to Affected Alternative Currency Loans and XXXXX, XXXXX EURIBOR and EURIBORSORA Daily Rate, as applicable, and the related defined terms shall be deemed to include Sterling, Japanese Yen Sterling and Euros and XXXXX, TIBOR EURIBOR and EURIBORSORA Daily Rate, as applicable. ​ ​ ​ ​ Exhibit A FORM OF COMMITTED LOAN NOTICE (Affected Alternative Currency Loans) Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of June 28March 27, 2018 2019 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of August 4, 2020, and as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among AvnetXxxxxx Engineering Group Inc., Inc. a New York corporationDelaware corporation (the “Company”), the Designated Borrowers from time to time party thereto, the Lenders and L/C Issuers from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer Agent and Swingline Swing Line Lender. The undersigned Company hereby requests requests, on behalf of itself or, if applicable, the Designated Borrower referenced below (select one)2: ​ ​ one):2 Indicate:Effective Date Indicate:Committed Borrowing,Conversion or Continuation Indicate:Borrower Name Indicate:Requested Amount Indicate:Currency Indicate:Affected Date (Business Day) Indicate:Alternative Currency Daily Rate Loan or Affected Alternative Currency Term Rate Loan For Affected Alternative Currency Term Rate Loans Indicate:​Interest Indicate: Interest Period (e.g., 1, 3 or 6 month interest period) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The Committed Borrowing, if any, requested herein complies with the requirements set forth in provisos to the Credit first sentence of Section 2.01 of the Agreement and with the last sentence of Section 2.01 of the Agreement. ​ ​​ XXXXXX ENGINEERING GROUP INC. By: Name: [Insert name of Borrower]Type Signatory Name] Title: [Type Signatory Title] 1 Note to Company. All requests submitted under a single Committed Loan Notice must be effective on the same date. If multiple effective dates are needed, multiple Committed Loan Notices will need to be prepared and signed.

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

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