Termination of Existing Facilities. The outstanding Advances, if any, under the Loan Agreement between the Borrower and Bank of Boston dated November 1, 1993 (the "1993 Agreement") shall be replaced on the date hereof by one or more Advances under this Agreement and Borrower shall have no further right to obtain, and Lender shall have no obligation to make, Advances under the 1993 Agreement. The $3,000,000 demand unsecured revolving credit facility made available to the Borrower by Chemical Bank as set forth in a letter agreement dated August 23, 1995 shall terminate on the date hereof.
Termination of Existing Facilities. The Kmart Borrower and each Bank party to this Agreement which is also party to an Existing Facility hereby agree to terminate such Existing Facility effective upon the execution of this Agreement. The Kmart Borrower hereby agrees to pay any fees outstanding to any such Bank in connection with such Existing Facility as soon as practicable following invoice thereof by such Bank. [BALANCE OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.]
Termination of Existing Facilities. Either the Borrower's repurchase facility with Greenwich Capital or the Borrower's credit facility with Bear Steaxxx xxx terminated whether following a default thereunder or otherwise.
Termination of Existing Facilities. All obligations and commitments of (i) Xxxxx Fargo under the Credit Agreement between Borrower and Xxxxx Fargo dated as of December 16, 2004, as amended, and (ii) Bank of America, National Association under the Uncommitted Line of Credit letter agreement between Borrower and Bank of America dated as of December 1, 2009 are hereby terminated, effective as of the Closing Date, without any liability on the part of Borrower or any Subsidiary for any early termination fee or similar charge of any kind.
Termination of Existing Facilities. The Agent shall have received evidence satisfactory to it that (i) the 2000 Credit Agreement and all commitments thereunder shall have been terminated and all amounts outstanding thereunder shall have been paid in full and (ii) except to the extent continued hereunder, all amounts outstanding under the 2002 Credit Agreement shall have been paid in full, in each case with the proceeds of the Term B Loans and of the 2003 Senior Notes and the Second Priority B Loans.
Termination of Existing Facilities. 73 Schedule 1.01 Existing Facilities Schedule 2.01 Commitments; Lending Offices Schedule 5.03 Consents and Approvals Schedule 7.03 Liens EXHIBITS Exhibit A Form of Notice of Borrowing Exhibit B Form of Notice of Conversion/Continuation Exhibit C Form of Committed Loan Note Exhibit D Form of Competitive Bid Note Exhibit E Form of Competitive Bid Request Exhibit F Form of Invitation for Competitive Bids Exhibit G Form of Competitive Bid Exhibit H-1 Form of Opinion of Counsel to the Company Exhibit H-2 Form of Opinion of Special Counsel to the Company Exhibit I Form of Assignment and Assumption Agreement Exhibit J Form of Letter of Credit Request This THREE YEAR CREDIT AGREEMENT is entered into as of October 7, 1994, among KMART CORPORATION, a Michigan corporation (the "Company"), the several financial institutions party to this Agreement (collectively, the "Banks"; individually, a "Bank") and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Documentation Agent.
Termination of Existing Facilities. The Company and each Bank party to this Agreement which is also party to an Existing Facility hereby agree to terminate such Existing Facility effective upon the execution of this Agreement. The Company hereby agrees to pay any fees outstanding to any such Bank in connection with such Existing Facility as soon as practicable following invoice thereof by such Bank. [BALANCE OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.]
Termination of Existing Facilities. The Administrative Agent shall have received evidence satisfactory to the Administrative Agent that the Existing Facilities shall be simultaneously terminated, all amounts thereunder shall be simultaneously paid in full and arrangements satisfactory to the Administrative Agent shall have been made for the termination of Liens and security interests granted in connection therewith.
Termination of Existing Facilities. On or before the Effective Date, Borrower shall terminate and payoff all amounts owing under the following existing loan facilities:
Termination of Existing Facilities. The Borrower and the Banks that are party to the Existing Facility (defined below) agree that: (i) on the Closing Date, the Borrower shall pay in full all Indebtedness under (x) the Credit Agreement, dated as of June 4, 2003, among the Borrower, the banks party thereto and LaSalle as agent, as amended, and (y) the Credit Agreement, dated as of May 20, 2004, among the Borrower, the banks party thereto and The Huntington National Bank, as agent, as amended (the "Existing Facilities"), and (ii) the Existing Facilities shall be terminated on the Closing Date. [SIGNATURES TO FOLLOW] SCHEDULE I BANKS AND COMMITMENTS Bank Facility A Commitment Facility B Commitment Total Commitment LaSalle Bank National Association $16,782,752.91 $8,517,247.09 $25,300,000.00 National City Bank of Indiana $16,782,752.91 $8,517,247.09 $25,300,000.00 The Huntington National Bank $13,266,998.32 $6,733,001.68 $20,000,000.00 Fifth Third Bank $9,950,248.76 $5,049,751.24 $15,000,000.00 Union Bank of California, N.A $9,950,248.76 $5,049,751.24 $15,000,000.00 U.S. Bank National Association $6,633,499.17 $3,366,500.83 $10,000,000.00 JPMorgan Chase Bank, N.A . $6,633,499.17 $3,366,500.83 $10,000,000.00 TOTAL $80,000,000.00 $40,600,000.00 $120,600,000.00 SCHEDULE II PRICING SCHEDULE The "Applicable Margin" and "Applicable Facility Fee Rate" for any day are the respective rates per annum set forth below corresponding to the Status that exists on such day: Borrower's Ratings (Fitch/Xxxxx'x/S&P) Applicable Margin Base Rate Advances Applicable Margin LIBOR Advances Applicable Facility Fee Rate Level 1 > A-/A3/A- 0% 0.25% 0.05% Xxxxx 0 > BBB+/Baa1/BBB+ 0% 0.30% 0.10% Xxxxx 0 > BBB/Baa2/BBB 0% 0.45% 0.125% Xxxxx 0 > BBB-/Baa3/BBB- 0% 0.60% 0.15% Xxxxx 0 > BB+/Ba1/BB+ 0% 0.80% 0.20% Xxxxx 0 < BB+/Ba1/BB+ 0% 1.00% 0.25%
