Use of Proceeds, etc. All proceeds of each Advance made to the Designated Borrower will be used by it only in accordance with the provisions of Section 2.12 of the Credit Agreement. It is not, nor will be, engaged in the business of extending credit for the purpose of buying or carrying Margin Stock and no proceeds of any Advance will be used by it to extend credit to others for the purpose of buying or carrying any Margin Stock. Neither the making of any Advance to the Designated Borrower nor the use of the proceeds thereof will violate or be inconsistent with the provisions of Regulations U or X issued by the Board of Governors of the Federal Reserve System.
Use of Proceeds, etc. All proceeds of each Advance will be used by the Borrower only in accordance with the provisions of Section
Use of Proceeds, etc. All proceeds of each Advance will be used by each Borrower only in accordance with the provisions of Section 2.12. No Borrower is or will be engaged in the business of extending credit for the purpose of buying or carrying Margin Stock and no proceeds of any Advance will be used to extend credit to others for the purpose of buying or carrying any Margin Stock. Neither the making of any Advance nor the use of the proceeds thereof will violate or be inconsistent with the provisions of Regulations U or X issued by the Board of Governors of the Federal Reserve System. 364-DAY CREDIT AGREEMENT
Use of Proceeds, etc. (a) Use the proceeds of any Credit Extension, whether directly or indirectly, in a manner inconsistent with the uses set forth in the preliminary statements to this Agreement.
(b) Use the proceeds of any funds in (or credited to) the Capital Expenditures Account, whether directly or indirectly, for any purpose other than (i) to finance Capital Expenditures, (ii) to make any mandatory prepayment of Term Loans otherwise required pursuant to Section 2.06(b)(iv) or 8.05(a) and (iii) to make Investments, Restricted Payments, prepayments or redemptions, as, and to the extent, permitted under the definition “Cumulative Growth Amount.”
(c) Deposit, or cause to be deposited, whether directly or indirectly, any funds into the Capital Expenditures Account other than (i) with True Cash Flow as, and to the extent, required by Section 2.06(b)(v) and (ii) with the Net Cash Proceeds from Permitted Equity Issuances after the Closing Date (other than Permitted Equity Issuances made pursuant to Section 8.05).
Use of Proceeds, etc. The Borrower shall
Use of Proceeds, etc. The Borrower shall
(a) apply the proceeds of the Loans
(i) in the case of the Term Loans and Revolving Loans in an aggregate principal amount not in excess of $2,000,000 made on the Closing Date, to pay, in part, the cash portion of the obligations of Holdco in connection with the Transaction and to pay the transaction fees and expenses associated with the Transaction (directly or by paying the Subco Dividend); provided, that the aggregate amount of such transaction fees and expenses shall not exceed $20,000,000; and
(ii) in the case of Revolving Loans (other than Revolving Loans described in clause (a)(i) above) and Swing Line Loans, for working capital and general corporate purposes of the Borrower and its Subsidiaries; and
(b) use Letters of Credit only for purposes of supporting working capital and general corporate purposes of the Borrower and its Restricted Subsidiaries.
Use of Proceeds, etc. Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately:
(a) to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose, in each case, in violation of Regulation U of the FRB; provided, that the Borrowers may use the proceeds of Credit Extensions to repurchase the shares of the REIT; or
(b) to lend, contribute or otherwise make available such proceeds to any Guarantor, Subsidiary, Affiliate or other Person (i) in furtherance of an offer, payment, promise to pay or authorization of payment or giving of money or anything else of value to any Person in violation of applicable Sanctions Laws and Regulations, (ii) in any other manner that would result in a violation of applicable Sanctions Laws and Regulations by any party to this Agreement, or (iii) in any manner that would cause the Borrowers, the Guarantors or any of their respective Subsidiaries to violate the United States Foreign Corrupt Practices Act. Furthermore, none of the funds or assets of the Borrowers or Guarantors that are used to pay any amount due pursuant to this Agreement shall constitute funds obtained from transactions with Designated Persons or countries which are themselves the subject of territorial sanctions under applicable Sanctions Laws and Regulations, in each case in violation of Sanctions Laws and Regulations.
Use of Proceeds, etc. The Borrower shall
(a) apply the proceeds of the Loans for working capital and general corporate purposes (including Investments permitted under clause (i) of Section 7.2.5) of the Borrower and its Subsidiaries; and
(b) use Letters of Credit only for purposes of supporting working capital and general corporate purposes of the Borrower and its Subsidiaries (including, without limitation, insurance, workers' compensation, performance and surety bonds and the purchase of inventory and equipment).
Use of Proceeds, etc. The Borrower shall apply the proceeds of the Term Loans to defease the Existing Senior Notes and reduce existing Indebtedness under the Revolving Credit Facility and to pay the costs and expenses associated with this transaction and the 1997 Senior Note Offering.
Use of Proceeds, etc. The proceeds of the Credit Extensions shall be applied by the Borrower as follows:
(a) (i) the proceeds of all Revolving Loans, all Swing Line Loans and any Term Loans incurred pursuant to Section 2.1.6(a) and Section 11.19, and the issuance of Letters of Credit from time to time, shall be used for working capital and general corporate purposes of the Borrower and its Subsidiaries and (ii) the proceeds of all Revolver Repayment Term Loans incurred pursuant to Section 2.1.6(b) shall be used solely to repay the Tranche of Revolving Loans with the earliest Stated Maturity Date and, to the extent of any remaining proceeds, to repay each other Tranche of Revolving Loans (sequentially in direct order of their Stated Maturity Dates), and shall be applied pro rata to the outstanding principal amount of all Revolving Loans outstanding under the applicable Tranches;
(b) [INTENTIONALLY OMITTED]; and
(c) the proceeds of the Term E Loans and the Term F Loans made on the 2012 Self Tender Funding Date and the Term E Loans made on the 2012 Affiliate Purchase Funding Date shall be applied by the Borrower (i) to fund the 2012 Self Tender and the 2012 Affiliate Purchase and (ii) to finance the payment of the fees and expenses related to the 2012 Self Tender, the 2012 Affiliate Purchase and the other transactions contemplated by the Amendment Agreement.
