Common use of Use of Proceeds and Letters of Credit and Foreign Credit Instruments Clause in Contracts

Use of Proceeds and Letters of Credit and Foreign Credit Instruments. The proceeds of the Term Loans, the Domestic Revolving Loans and the Global Revolving Loans will be used (a) to refinance indebtedness under the Existing Credit Agreement and (b) for working capital, capital expenditures and other lawful corporate purposes of the Parent Borrower and its Subsidiaries, including Permitted Acquisitions, Investments and Restricted Payments permitted hereby. The Letters of Credit will be used to issue financial and performance letters of credit requested by any Borrower on behalf of itself or any of its Subsidiaries. The Foreign Credit Instruments will be used only for the operational business of the Parent Borrower and its Subsidiaries; provided that no Foreign Credit Instrument may be issued for the benefit of financial creditors. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations U and X.

Appears in 2 contracts

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

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Use of Proceeds and Letters of Credit and Foreign Credit Instruments. The proceeds of the Initial Term Loans, the Domestic Revolving Loans and the Global Revolving Loans will be used (a) only to refinance indebtedness under the Existing Credit Agreement XXXXx. The proceeds of the Incremental Term Loans will be used only for the purposes specified in the relevant Incremental Facility Activation Notice. The proceeds of the Revolving Loans and (b) Swingline Loans, and the Letters of Credit, will be used only for working capital, capital expenditures and other lawful general corporate purposes of the Parent Borrower and its Subsidiaries, including Permitted Acquisitions, Investments and Restricted Payments permitted hereby. The Letters of Credit will be used to issue financial and performance letters of credit requested by any Borrower on behalf of itself or any of its Subsidiaries. The Foreign Credit Instruments will be used only for the operational business of the Parent Borrower and its Subsidiaries; , provided that no Foreign Credit Instrument may be issued for the benefit of financial creditors. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations U and X.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

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Use of Proceeds and Letters of Credit and Foreign Credit Instruments. The proceeds of the Term Loans, the Domestic Revolving Loans and the Global Revolving Loans will be used (a) to refinance indebtedness under the Existing Credit Agreement and (b) for working capital, capital expenditures and other lawful corporate purposes of the Parent Borrower and its Subsidiaries, including Permitted Acquisitions, Investments and Restricted Payments permitted hereby. The Letters of Credit will be used to issue financial and performance letters of credit requested by any Borrower on behalf of itself or any of its SubsidiariesSubsidiaries or Joint Ventures. The Foreign Credit Instruments will be used only for the operational business of the Parent Borrower Borrower, its Subsidiaries and its SubsidiariesJoint Ventures; provided that no Foreign Credit Instrument may be issued for the benefit of financial creditors, except for a Counter-Guarantee supporting another Foreign Credit Instrument. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations U and X.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

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