Common use of Use of Proceeds, etc Clause in Contracts

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ ] [ ] [ ] Attention: [ ] Telecopier: [ ] Telephone: [ ] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle, DE 19720 Attn: Bank Loan Syndications Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day Credit Agreement dated as of January 18, 2017 (the “Credit Agreement”) among Xxxxxxx Xxxxx & Xxxxxx, Inc. (the “Company”), certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ ], a corporation incorporated under the laws of [ ], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ [_________________] [ [_________________] [ [_________________] Attention: [ [____________] Telecopier: [ [____________] Telephone: [ [____________] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle000 Xxxxxxxxx Xxxxxx Xxx Xxxx, DE 19720 AttnXX 00000 Attention: Bank Loan Syndications [__________] Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day 1,200,000,000 Four Year Credit Agreement dated as of January 18March 11, 2017 2011 (the “Credit Agreement”) among Xxxxxxx Xxxxx & Xxxxxx, Inc. (the “Company”), The Black & Xxxxxx Corporation, certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ [_________________], a corporation incorporated under the laws of [ [_______________], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto at the shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. THE XXXXXXX XXXXX & XXXXXX, INC. WORKS By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ ] [ ] [ ] Attention: [ ] Telecopier: [ ] Telephone: [ ] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G J FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Two Penn’s Way, Xxxxx Xx. Building #3 New Castle000 Xxx Xxxxxx, DE 19720 AttnXX 00000 Attention: Bank Loan Syndications [ ] Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day 550,000,000 Amended and Restated Credit Agreement dated as of January 18December 1, 2017 2005 (the “Credit Agreement”) among The Xxxxxxx Xxxxx & Xxxxxx, Inc. Works (the “Company”), certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ ], a corporation incorporated under the laws of [ ], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. THE XXXXXXX XXXXX & XXXXXX, INC. WORKS By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ ] [ ] [ ] Attention: [ ] Telecopier: [ ] Telephone: [ ] ACCEPTED AND AGREED: CITIBANKJPMORGAN CHASE BANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G FORM OF TERMINATION LETTER [Date] To CitibankJPMorgan Chase Bank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle, DE 19720 Attn[Address] Attention: Bank Loan Syndications [ ] Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day Credit Agreement dated as of January 18July 22, 2017 2011 (the “Credit Agreement”) among Xxxxxxx Xxxxx & Xxxxxx, Inc. (the “Company”), The Black & Xxxxxx Corporation, certain Designated Borrowers (if any), the Lenders party thereto and CitibankJPMorgan Chase Bank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ ], a corporation incorporated under the laws of [ ], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ ] [ ] [ ] Attention: [ ] Telecopier: [ ] Telephone: [ ] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle, DE 19720 Attn: Bank Loan Syndications Ladies and Gentlemen: We make reference to the $1,250,000,000 1,000,000,000 364-Day Credit Agreement Agreement, dated as of January 18July 13, 2017 2012 (the “Credit Agreement”) among Xxxxxxx Xxxxx & Xxxxxx, Inc. (the “Company”), The Black & Xxxxxx Corporation, certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ ], a corporation incorporated under the laws of [ ], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto shall be its “Address for Notices” for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title: [NAME OF DESIGNATED BORROWER] By Name: Title: Address for Notices: [ ] [ ] [ ] Attention: [ ] Telecopier: [ ] Telephone: [ ] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By Name: Title: EXHIBIT G FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle, DE 19720 Attn: Bank Loan Syndications Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day 1,750,000,000 Amended and Restated Five Year Credit Agreement dated as of January December 18, 2017 2015 (the “Credit Agreement”) among Xxxxxxx Xxxxx & Xxxxxx, Inc. (the “Company”), certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ ], a corporation incorporated under the laws of [ ], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. XXXXXXX XXXXX & XXXXXX, INC. By Name: Title: By Name: Title:

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. The Designated Borrower agrees that the address set forth below its name on its signature page hereto at the shall be its “"Address for Notices” " for all purposes of the Credit Agreement (including Section 8.13 thereof). The Designated Borrower acknowledges its receipt of the notice of each Lender, provided pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), set forth in Section 8.15 of the Credit Agreement. To the extent that the Designated Borrower or any of its Property has or hereafter may acquire, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to the Credit Agreement or any other Loan Document, any immunity from jurisdiction, legal proceedings, attachment (whether before or after judgment), execution, judgment or set-off, the Designated Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity. THE XXXXXXX XXXXX & XXXXXX, INC. By WORKS By________________________ Name: Title: By By________________________ Name: Title: [NAME OF DESIGNATED BORROWER] By By________________________ Name: Title: Address for Notices: [ [_________________] [ [_________________] [ [_________________] Attention: [ [____________] Telecopier: [ [____________] Telephone: [ [____________] ACCEPTED AND AGREED: CITIBANK, N.A., as Administrative Agent By By________________________ Name: Title: EXHIBIT G J FORM OF TERMINATION LETTER [Date] To Citibank, N.A., as Administrative Agent 0000 Xxxxx Xx. Building #3 New Castle000 Xxxxxxxxx Xxxxxx Xxx Xxxx, DE 19720 AttnXX 00000 Attention: Bank Loan Syndications [__________] Ladies and Gentlemen: We make reference to the $1,250,000,000 364-Day 800,000,000 Amended and Restated Credit Agreement dated as of January 18February 27, 2017 2008 (the “"Credit Agreement”") among The Xxxxxxx Xxxxx & Xxxxxx, Inc. Works (the “"Company”"), certain Designated Borrowers (if any), the Lenders party thereto and Citibank, N.A., as Administrative Agent. Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby terminates the status as a Designated Borrower of [ [_________________], a corporation incorporated under the laws of [ [_______________], in accordance with Section 2.14 of the Credit Agreement, effective as of the date of receipt of this notice by the Administrative Agent. The undersigned hereby represents and warrants that all principal and interest on any Advance of the above-referenced Designated Borrower and all other amounts payable by such Designated Borrower pursuant to the Credit Agreement have been paid in full on or prior to the date hereof. Notwithstanding the foregoing, this Termination Letter shall not affect any obligation which by the terms of the Credit Agreement survives termination thereof. THE XXXXXXX XXXXX & XXXXXX, INC. By WORKS By________________________ Name: Title: By By________________________ Name: Title: