Common use of Terms of Alternate Currency Facilities Clause in Contracts

Terms of Alternate Currency Facilities. (a) Subject to the provisions of this Section 6, the U.S. Borrower may in its discretion from time to time designate any Subsidiary of the U.S. Borrower organized under the laws of any jurisdiction outside the United States as an "Alternate Currency Borrower" and any Qualified Credit Facility to which such Alternate Currency Borrower and any one or more Lenders (or its affiliates, agencies or branches) is a party as an "Alternate Currency Facility", with the consent of each such Lender in its sole discretion, by delivering an Alternate Currency Facility Addendum to the Administrative Agent and the Lenders (through the Administrative Agent) executed by the U.S. Borrower, each such Alternate Currency Borrower and each such Lender, provided, that on the effective date of such designation no Event of Default shall have occurred and be continuing. Concurrently with the delivery of an Alternate Currency Facility Addendum, the U.S. Borrower or the relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of all documentation executed and delivered by any Alternate Currency Borrower in connection therewith, together with, if applicable, an English translation thereof. Except as otherwise provided in this Section 6 or in the definition of "Qualified Credit Facility" in subsection 1.1, the terms and conditions of each Alternate Currency Facility shall be determined by mutual agreement of the relevant Alternate Currency Borrower(s) and Alternate Currency Lender(s). The documentation governing each Alternate Currency Facility shall (i) contain an express acknowledgement that such Alternate Currency Facility shall be subject to the provisions of this Section 6 and (ii) if more than one Lender is a party thereto, designate an Alternate Currency Facility Agent for such Alternate Currency Facility. Each of the U.S. Borrower and, by agreeing to any Alternate Currency Facility designation as contemplated hereby, each relevant Alternate Currency Lender (if any) party thereto which is an affiliate, branch or agency of a Lender, acknowledges and agrees that each reference in this Agreement to any Lender shall, to the extent applicable, be deemed to be a reference to such Alternate Currency Lender. In the event of any inconsistency between the terms of this Agreement and the terms of any Alternate Currency Facility, the terms of this Agreement shall prevail. (b) The documentation governing each Alternate Currency Facility shall set forth (i) the maximum amount (expressed in U.S. Dollars) available to be borrowed from all Alternate Currency Lenders under such Alternate Currency Facility (as the same may be reduced from time to time, an "Alternate Currency Facility Maximum Borrowing Amount") and (ii) with respect to each Alternate Currency Lender party to such Alternate Currency Facility, the maximum amount (expressed in U.S. Dollars) available to be borrowed from such Alternate Currency Lender thereunder (as the same may be reduced from time to time, an "Alternate Currency Lender Maximum Borrowing Amount"). (c) Except as otherwise required by applicable law, in no event shall the Alternate Currency Lenders party to an Alternate Currency Facility have the right to accelerate the Alternate Currency Loans outstanding thereunder, or to terminate their commitments (if any) to make such Alternate Currency Loans prior to the earlier of the stated termination date in respect thereof or the Revolving Credit Termination Date, except, in each case, in connection with an acceleration of the Loans or a termination of the Commitments pursuant to Section 13, provided, that nothing in this paragraph (c) shall be deemed to require any Alternate Currency Lender to make an Alternate Currency Loan if the applicable conditions precedent to the making of such Alternate Currency Loan set forth in the documentation governing the relevant Alternate Currency Facility have not been satisfied. No Alternate Currency Loan may be made under an Alternate Currency Facility if (i) after giving effect thereto, the conditions precedent in subsection 9.2 would not be satisfied or (ii) after giving effect to the making of such Alternate Currency Loan and the simultaneous application of the proceeds thereof, the Aggregate Total Outstandings of all Lenders at any time exceeds the Aggregate Revolving Credit Commitments. (d) The relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of any amendment, supplement or other modification (including any change in commitment amounts or in the Alternate Currency Lenders participating in any Alternate Currency Facility) to the terms of any Alternate Currency Facility promptly after the effectiveness thereof (together with, if applicable, an English translation thereof). If any such amendment, supplement or other modification to an Alternate Currency Facility shall (i) add an Alternate Currency Lender as an Alternate Currency Lender thereunder or (ii) change the Alternate Currency Facility Maximum Borrowing Amount or any Alternate Currency Lender Maximum Borrowing Amount with respect thereto, the U.S. Borrower shall promptly furnish an appropriately revised Alternate Currency Facility Addendum, executed by the U.S. Borrower, the relevant Alternate Currency Borrower and the affected Alternate Currency Lenders (or any agent acting on their behalf), to the Administrative Agent and the Lenders (through the Administrative Agent).

Appears in 2 contracts

Samples: Revolving Credit and Guarantee Agreement (Case Corp), Revolving Credit and Guarantee Agreement (Case Credit Corp)

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Terms of Alternate Currency Facilities. (a) Subject to the provisions Each of this Section 6, the U.S. Borrower Anixter and one or more Alternate Currency Lenders may in its their respective discretion from time to time designate any Subsidiary of the U.S. Borrower organized under the laws of any jurisdiction outside the United States as an "agree that one or more Borrowers may borrow Alternate Currency Borrower" and any Qualified Credit Facility to which such Alternate Currency Borrower and Loans on a revolving basis from any one or more Lenders (or its affiliates, agencies or branches) is a party as an "Alternate Currency Facility", with the consent of each such Lender in its sole discretion, Lenders by delivering an Alternate Currency Facility Addendum to the Administrative Agent and the Lenders (through the Administrative Agent) , executed by the U.S. BorrowerAnixter, each such Borrowing Subsidiary and each such Alternate Currency Borrower and each such Lender; provided, providedhowever, that on the effective date of such designation Borrowing (i) an Exchange Rate with respect to each Alternate Currency covered by such Alternate Currency Addendum shall be determinable by reference to the Applicable Telerate Page (or a comparable publicly available screen) or by another method set forth in the applicable Alternate Currency Addendum) and (ii) no Potential Event of Default or Event of Default shall have occurred and be continuing. Concurrently with the delivery of an Alternate Currency Facility Addendum, the U.S. Borrower or the relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of all documentation executed and delivered by any Alternate Currency Borrower in connection therewith, together with, if applicable, an English translation thereof. Except as otherwise provided in this Section 6 or in the definition of "Qualified Credit Facility" in subsection 1.1, the terms and conditions of each Alternate Currency Facility shall be determined by mutual agreement of the relevant Alternate Currency Borrower(s) and Alternate Currency Lender(s). The documentation governing each Alternate Currency Facility shall (i) contain an express acknowledgement that such Alternate Currency Facility shall be subject to the provisions of this Section 6 and (ii) if more than one Lender is a party thereto, designate an Alternate Currency Facility Agent for such Alternate Currency Facility. Each of the U.S. Borrower and, by agreeing to any Alternate Currency Facility designation as contemplated hereby, each relevant Alternate Currency Lender (if any) party thereto which is an affiliate, branch or agency of a Lender, acknowledges and agrees that each reference in this Agreement to any Lender shall, to the extent applicable, be deemed also to be a reference to such each Alternate Currency Lender. In , subject to the event second sentence of any inconsistency between the terms definition of this Agreement and the terms of any Alternate Currency Facility, the terms of this Agreement shall prevailsuch term. (b) The documentation governing each Each Alternate Currency Facility Addendum shall set forth (i) the maximum amount (expressed in U.S. DollarsDollars and without duplication) available to be borrowed from all Alternate Currency Lenders under such Alternate Currency Facility Addendum (as the same may be reduced from time to timetime pursuant to Section 2.23(a) or 2.23(b), an "Alternate Currency Facility Maximum Borrowing Amount") and (ii) with respect to each Alternate Currency Lender party to such Alternate Currency FacilityAddendum, the maximum amount (expressed in U.S. DollarsDollars and without duplication) available to be borrowed from such Alternate Currency Lender thereunder (as the same may be reduced from time to timetime pursuant to Section 2.23(a) or 2.23(b), an "Alternate Currency Lender Maximum Borrowing Amount"). In no event shall the aggregate of all Alternate Currency Lender Maximum Borrowing Amounts in respect of any Alternate Currency Lender at any time exceed such Lender's Commitment. Except as provided herein, the making of Alternate Currency Loans by an Alternate Currency Lender under an Alternate Currency Addendum shall under no circumstances reduce the amount available to be borrowed from such Lender under any other Alternate Currency Addendum to which such Lender is a party. (c) Except as otherwise required by applicable law, in no event shall the Alternate Currency Lenders party to an Alternate Currency Facility have the right to accelerate the Alternate Currency Loans outstanding thereunder, under any Alternate Currency Addendum or to terminate their commitments (if any) thereunder to make such Alternate Currency Loans prior to the earlier of the stated termination date in respect thereof or the Revolving Credit Termination Datethereof, exceptexcept that such Alternate Currency Lenders shall, in each case, in connection with have such rights upon an acceleration of the Loans or and a termination of the Commitments pursuant to Section 13, provided, that nothing in this paragraph (c) shall be deemed to require any Alternate Currency Lender to make an Alternate Currency Loan if the applicable conditions precedent to the making of such Alternate Currency Loan set forth in the documentation governing the relevant Alternate Currency Facility have not been satisfied. Article X. No Alternate Currency Loan may be made under an Alternate Currency Facility if (i) after giving effect thereto, an Exchange Rate with respect to the conditions precedent in subsection 9.2 would applicable Alternate Currency cannot be satisfied or (ii) after giving effect to the making of such Alternate Currency Loan and the simultaneous application of the proceeds thereofdetermined, the Aggregate Total Outstandings of all Lenders at any time exceeds the Aggregate Revolving Credit Commitments. (d) The relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of any amendment, supplement or other modification (including any change in commitment amounts or in the Alternate Currency Lenders participating in any Alternate Currency Facility) to the terms of any Alternate Currency Facility promptly after the effectiveness thereof (together with, if applicable, an English translation thereof). If any such amendment, supplement or other modification to an Alternate Currency Facility shall (i) add an Alternate Currency Lender as an Alternate Currency Lender thereunder or (ii) change the Alternate Currency Facility Maximum Borrowing Amount or any Alternate Currency Lender Maximum Borrowing Amount with respect thereto, the U.S. Borrower shall promptly furnish an appropriately revised Alternate Currency Facility Addendum, executed by the U.S. Borrower, the relevant Alternate Currency Borrower and the affected Alternate Currency Lenders (or any agent acting on their behalf), to the Administrative Agent and the Lenders (through the Administrative Agent).or

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

Terms of Alternate Currency Facilities. (a) Subject to Each of the provisions of this Section 6, the U.S. Borrower Company and one or more Alternate Currency Lenders may in its discretion from time to time designate any Subsidiary of the U.S. Borrower organized under the laws of any jurisdiction outside the United States as an "agree that one or more Borrowers may borrow Alternate Currency Borrower" and any Qualified Credit Facility to which such Alternate Currency Borrower and Loans on a revolving basis from any one or more Lenders (or its affiliates, agencies or branches) is a party as an "Alternate Currency Facility", with the consent of each such Lender in its sole discretion, Lenders by delivering an Alternate Currency Facility Addendum to the Administrative Agent and the Lenders (through the Administrative Agent) , executed by the U.S. BorrowerCompany, each such Borrowing Subsidiary and each such Alternate Currency Borrower and each such Lender; provided, providedhowever, that on the effective date of such designation election (i) an Exchange Rate with respect to each Alternate Currency covered by such Alternate Currency Addendum shall be determinable by reference to the Reuters currency pages (or a comparable publicly available screen) and (ii) no Default or Event of Default shall have occurred and be continuing. Concurrently with the delivery of an Alternate Currency Facility Addendum, the U.S. Borrower or the relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of all documentation executed and delivered by any Alternate Currency Borrower in connection therewith, together with, if applicable, an English translation thereof. Except as otherwise provided in this Section 6 or in the definition of "Qualified Credit Facility" in subsection 1.1, the terms and conditions of each Alternate Currency Facility shall be determined by mutual agreement of the relevant Alternate Currency Borrower(s) and Alternate Currency Lender(s). The documentation governing each Alternate Currency Facility shall (i) contain an express acknowledgement that such Alternate Currency Facility shall be subject to the provisions of this Section 6 and (ii) if more than one Lender is a party thereto, designate an Alternate Currency Facility Agent for such Alternate Currency Facility. Each of the U.S. Borrower and, by agreeing to any Alternate Currency Facility designation as contemplated hereby, each relevant Alternate Currency Lender (if any) party thereto which is an affiliate, branch or agency of a Lender, acknowledges and agrees that each reference in this Agreement to any Lender shall, to the extent applicable, be deemed also to be a reference to such each Alternate Currency Lender. In , subject to the event second sentence of any inconsistency between the terms definition of this Agreement and the terms of any Alternate Currency Facility, the terms of this Agreement shall prevailsuch term. (b) The documentation governing each Each Alternate Currency Facility Addendum shall set forth (i) the maximum amount (expressed in U.S. DollarsDollars and without duplication) available to be borrowed from all Alternate Currency Lenders under such Alternate Currency Facility Addendum (as the same may be reduced from time to timetime pursuant to Section 2.24(a) or 2.24(b), an "Alternate Currency Facility Maximum Borrowing Amount") and (ii) with respect to each Alternate Currency Lender party to such Alternate Currency FacilityAddendum, the maximum amount (expressed in U.S. DollarsDollars and without duplication) available to be borrowed from such Alternate Currency Lender thereunder (as the same may be reduced from time to timetime pursuant to Section 2.24(a) or 2.24(b), an "Alternate Currency Lender Maximum Borrowing Amount"). In no event shall the aggregate of all Alternate Currency Lender Maximum Borrowing Amounts in respect of any Alternate Currency Lender at any time exceed such Lender's Commitment. Except as provided herein, the making of Alternate Currency Loans by an Alternate Currency Lender under an Alternate Currency Addendum shall under no circumstances reduce the amount available to be borrowed from such Lender under any other Alternate Currency Addendum to which such Lender is a party. (c) Except as otherwise required by applicable law, in In no event shall the Alternate Currency Lenders party to an Alternate Currency Facility have the right to accelerate the Alternate Currency Loans outstanding thereunder, under any Alternate Currency Addendum or to terminate their commitments (if any) thereunder to make such Alternate Currency Loans prior to the earlier of the stated termination date in respect thereof or the Revolving Credit Termination Datethereof, exceptexcept that such Alternate Currency Lenders shall, in each case, in connection with have such rights upon an acceleration of the Loans or a termination of the Commitments Commitments, respectively, pursuant to Section 13, provided, that nothing in this paragraph (c) shall be deemed to require any Alternate Currency Lender to make an Alternate Currency Loan if the applicable conditions precedent to the making of such Alternate Currency Loan set forth in the documentation governing the relevant Alternate Currency Facility have not been satisfiedArticle VII. No Alternate Currency Loan may be made under an Alternate Currency Facility if (i) an Exchange Rate with respect to the applicable Alternate Currency cannot be determined, (ii) after giving effect thereto, (A) the conditions precedent Standby Credit Exposure of any Lender would exceed such Lender's Commitment, (B) the Dollar Equivalent of the aggregate principal amount of outstanding Alternate Currency Loans denominated in subsection 9.2 a specified Eligible Currency would not be satisfied exceed the applicable Alternate Currency Facility Maximum Borrowing Amount or (iiC) after giving effect to the making sum of such Alternate Currency Loan the aggregate Standby Credit Exposures and the simultaneous application of aggregate Competitive Loan Exposures would exceed the proceeds thereof, the Aggregate Total Outstandings of all Lenders at any time exceeds the Aggregate Revolving Credit CommitmentsCommitment. (d) The applicable Borrower and the applicable Alternate Currency Lenders, or, if so specified in the relevant Alternate Currency Borrower Addendum, an agent acting on their behalf, shall furnish to the Administrative Agent, promptly following the making, payment or prepayment of each Alternate Currency Loan, and at any other time at the reasonable request of the Administrative Agent, a statement setting forth the outstanding Alternate Currency Loans made under such Alternate Currency Addendum. (e) The relevant Borrowing Subsidiary or the Company shall furnish to the Administrative Agent copies of any amendment, supplement or other modification (including any change in commitment amounts or in the Alternate Currency Lenders participating in any Alternate Currency Facility) to the terms of any Alternate Currency Facility Addendum promptly after the effectiveness thereof thereof. (together withf) The Company may terminate any Alternate Currency Addendum in its sole discretion if there are not any Loans outstanding thereunder (or, if applicablethere are Loans outstanding thereunder, an English translation thereof). If any such amendment, supplement or other modification to an Alternate Currency Facility shall (i) add an with the consent of each Alternate Currency Lender as an Alternate Currency Lender thereunder or (ii) change party thereto), by written notice to the Alternate Currency Facility Maximum Borrowing Amount or any Alternate Currency Lender Maximum Borrowing Amount with respect theretoAdministrative Agent, the U.S. Borrower which notice shall promptly furnish an appropriately revised Alternate Currency Facility Addendum, be executed by the U.S. BorrowerCompany, the each relevant Borrowing Subsidiary and, if their consent is required, each such Alternate Currency Borrower and the affected Alternate Currency Lenders (or any agent acting on their behalf), to the Administrative Agent and the Lenders (through Lender. Once notice of such termination is received by the Administrative Agent), such Alternate Currency Addendum and the loans and other obligations outstanding thereunder shall immediately cease to be subject to the terms of this Agreement.

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Facility Agreement (Readers Digest Association Inc)

Terms of Alternate Currency Facilities. (a) Subject to the provisions of this Section 68, the U.S. Borrower may in its discretion from time to time designate any Subsidiary of the U.S. Borrower organized under the laws of any jurisdiction outside the United States as an "Alternate Currency Borrower" and any Qualified Credit Facility to which such Alternate Currency Borrower and any one or more Lenders (or its affiliates, agencies or branches) is a party as an "Alternate Currency Facility", with the consent of each such Lender in its sole discretion, by delivering an Alternate Currency Facility Addendum to the General Administrative Agent and the Lenders (through the General Administrative Agent) executed by the U.S. Borrower, each such Alternate Currency Borrower and each such Lender, provided, that on the effective date of such designation no Event of Default shall have occurred and be continuing. Concurrently with the delivery of an Alternate Currency Facility Addendum, the U.S. Borrower or the relevant Alternate Currency Borrower shall furnish to the General Administrative Agent copies of all documentation executed and delivered by any Alternate Currency Borrower in connection therewith, together with, if applicable, an English translation thereof. Except as otherwise provided in this Section 6 8 or in the definition of "Qualified Credit Facility" in subsection 1.1, the terms and conditions of each Alternate Currency Facility shall be determined by mutual agreement of the relevant Alternate Currency Borrower(s) and Alternate Currency Lender(s). The documentation governing each Alternate Currency Facility shall (i) contain an express acknowledgement that such Alternate Currency Facility shall be subject to the provisions of this Section 6 8 and (ii) if more than one Lender is a party thereto, designate an Alternate Currency Facility Agent for such Alternate Currency Facility. Each of the U.S. Borrower and, by agreeing to any Alternate Currency Facility designation as contemplated hereby, each relevant Alternate Currency Lender (if any) party thereto which is an affiliate, branch or agency of a Lender, acknowledges and agrees that each reference in this Agreement to any Lender shall, to the extent applicable, be deemed to be a reference to such Alternate Currency Lender. In the event of any inconsistency between the terms of this Agreement and the terms of any Alternate Currency Facility, the terms of this Agreement shall prevail. (b) The documentation governing each Alternate Currency Facility shall set forth (i) the maximum amount (expressed in U.S. Dollars) available to be borrowed from all Alternate Currency Lenders under such Alternate Currency Facility (as the same may be reduced from time to time, an "Alternate Currency Facility Maximum Borrowing Amount") and (ii) with respect to each Alternate Currency Lender party to such Alternate Currency Facility, the maximum amount (expressed in U.S. Dollars) available to be borrowed from such Alternate Currency Lender thereunder (as the same may be reduced from time to time, an "Alternate Currency Lender Maximum Borrowing Amount"). (c) Except as otherwise required by applicable law, in no event shall the Alternate Currency Lenders party to an Alternate Currency Facility have the right to accelerate the Alternate Currency Loans outstanding thereunder, or to terminate their commitments (if any) to make such Alternate Currency Loans prior to the earlier of the stated termination date in respect thereof or the Revolving Credit Termination Date, except, in each case, in connection with an acceleration of the Loans or a termination of the Commitments pursuant to Section 1315, provided, that nothing in this paragraph (c) shall be deemed to require any Alternate Currency Lender to make an Alternate Currency Loan if the applicable conditions precedent to the making of such Alternate Currency Loan set forth in the documentation governing the relevant Alternate Currency Facility have not been satisfied. No Alternate Currency Loan may be made under an Alternate Currency Facility if (i) after giving effect thereto, the conditions precedent in subsection 9.2 11.2 would not be satisfied or (ii) after giving effect to the making of such Alternate Currency Loan and the simultaneous application of the proceeds thereof, the Aggregate Total Outstandings of all Lenders at any time exceeds the Aggregate U.S. Revolving Credit Commitments. (d) The relevant Alternate Currency Borrower shall furnish to the General Administrative Agent copies of any amendment, supplement or other modification (including any change in commitment amounts or in the Alternate Currency Lenders participating in any Alternate Currency Facility) to the terms of any Alternate Currency Facility promptly after the effectiveness thereof (together with, if applicable, an English translation thereof). If any such amendment, supplement or other modification to an Alternate Currency Facility shall (i) add an Alternate Currency Lender as an Alternate Currency Lender thereunder or (ii) change the Alternate Currency Facility Maximum Borrowing Amount or any Alternate Currency Lender Maximum Borrowing Amount with respect thereto, the U.S. Borrower shall promptly furnish an appropriately revised Alternate Currency Facility Addendum, executed by the U.S. Borrower, the relevant Alternate Currency Borrower and the affected Alternate Currency Lenders (or any agent acting on their behalf), to the General Administrative Agent and the Lenders (through the General Administrative Agent).

Appears in 1 contract

Samples: Revolving Credit and Guarantee Agreement (Case Corp)

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Terms of Alternate Currency Facilities. (a) Subject to the provisions of this Section 68, the U.S. Borrower may in its discretion from time to time designate any Subsidiary of the U.S. Borrower organized under the laws of any jurisdiction outside the United States as an "Alternate Currency Borrower" and any Qualified Credit Facility to which such Alternate Currency Borrower and any one or more Alternate Currency Lenders (or its affiliates, agencies or branches) is a party as an "Alternate Currency Facility", with the consent of each such Alternate Currency Lender in its sole discretion, by delivering an Alternate Currency Facility Addendum to the General Administrative Agent and the Lenders (through the General Administrative Agent) executed by the U.S. Borrower, each such Alternate Currency Borrower (or the U.S. Borrower on its behalf) and each such Alternate Currency Lender, provided, that on the effective date of such designation no Event of Default shall have occurred and be continuing. Concurrently with the delivery of an Alternate Currency Facility Addendum, the U.S. Borrower or the relevant Alternate Currency Borrower shall furnish to the General Administrative Agent copies of all documentation executed and delivered by any Alternate Currency Borrower in connection therewith, together with, if applicable, an English translation thereof. Except as otherwise provided in this Section 6 8 or in the definition of "Qualified Credit Facility" in subsection 1.1, the terms and conditions of each Alternate Currency Facility shall be determined by mutual agreement of the relevant Alternate Currency Borrower(s) and Alternate Currency Lender(s). The documentation governing each Alternate Currency Facility shall (i) contain an express acknowledgement that such Alternate Currency Facility shall be subject to the provisions of this Section 6 and (ii) if more than one Lender is a party thereto, designate an Alternate Currency Facility Agent for such Alternate Currency Facility. Each of the U.S. Borrower and, by agreeing to any Alternate Currency Facility designation as contemplated hereby, each relevant Alternate Currency Lender (if any) party thereto which is an affiliate, branch or agency of a Lender, acknowledges and agrees that each reference in this Agreement to any Lender shall, to the extent applicable, be deemed to be a reference to such Alternate Currency Lender. In the event of any inconsistency between the terms of this Agreement and the terms of any Alternate Currency Facility, the terms of this Agreement shall prevail. (b) The documentation governing each Alternate Currency Facility shall set forth (i) the maximum amount (expressed in U.S. Dollars) available to be borrowed from all Alternate Currency Lenders under such Alternate Currency Facility (as the same may be reduced from time to time, an "Alternate Currency Facility Maximum Borrowing Amount") and (ii) with respect to each Alternate Currency Lender party to such Alternate Currency Facility, the maximum amount (expressed in U.S. Dollars) available to be borrowed from such Alternate Currency Lender thereunder (as the same may be reduced from time to time, an "Alternate Currency Lender Maximum Borrowing Amount"). (c) Except as otherwise required by applicable law, in no event shall the Alternate Currency Lenders party to an Alternate Currency Facility have the right to accelerate the Alternate Currency Loans outstanding thereunder, or to terminate their commitments (if any) to make such Alternate Currency Loans prior to the earlier of the stated termination date in respect thereof or the Revolving Credit Termination Date, except, in each case, in connection with an acceleration of the Loans or a termination of the Commitments pursuant to Section 13, provided, that nothing in this paragraph (c) shall be deemed to require any Alternate Currency Lender to make an Alternate Currency Loan if the applicable conditions precedent to the making of such Alternate Currency Loan set forth in the documentation governing the relevant Alternate Currency Facility have not been satisfied. No Alternate Currency Loan may be made under an Alternate Currency Facility if (i) after giving effect thereto, the conditions precedent in subsection 9.2 would not be satisfied or (ii) after giving effect to the making of such Alternate Currency Loan and the simultaneous application of the proceeds thereof, the Aggregate Total Outstandings of all Lenders at any time exceeds the Aggregate Revolving Credit Commitments. (d) The relevant Alternate Currency Borrower shall furnish to the Administrative Agent copies of any amendment, supplement or other modification (including any change in commitment amounts or in the Alternate Currency Lenders participating in any Alternate Currency Facility) to the terms of any Alternate Currency Facility promptly after the effectiveness thereof (together with, if applicable, an English translation thereof). If any such amendment, supplement or other modification to an Alternate Currency Facility shall (i) add an Alternate Currency Lender as an Alternate Currency Lender thereunder or (ii) change the Alternate Currency Facility Maximum Borrowing Amount or any Alternate Currency Lender Maximum Borrowing Amount with respect thereto, the U.S. Borrower shall promptly furnish an appropriately revised Alternate Currency Facility Addendum, executed by the U.S. Borrower, the relevant Alternate Currency Borrower and the affected Alternate Currency Lenders (or any agent acting on their behalf), to the Administrative Agent and the Lenders (through the Administrative Agent).Alternate

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Lear Corp /De/)

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