Use of Proceeds; Regulations U and X. The proceeds of the Loans are intended to be and shall be used solely for the purposes set forth in and permitted by Section 8.10. No Credit Party is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock, and no proceeds of any Credit Extension will be used to purchase or carry margin stock or otherwise for a purpose which violates, or would be inconsistent with Regulation U or Regulation X. No Credit Party and no Subsidiary of any Credit Party owns any margin stock.
Use of Proceeds; Regulations U and X. The proceeds of the Loans ------------------------------------ shall be used by the Borrower solely to restate and refinance the Loans under the Prior Credit Agreement, for Permitted Acquisitions and for working capital and general corporate purposes. The Borrower will obtain Letters of Credit solely for Permitted Acquisitions and for working capital and general corporate purposes. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
Use of Proceeds; Regulations U and X. The proceeds of the Loans shall be used by (a) the US Borrower solely for Permitted Acquisitions, investments permitted under ss.10.3, the June 2005 Acquisition and for working capital, Capital Expenditures and general corporate purposes, and (b) the Canadian Borrower for working capital and general corporate purposes. The US Borrower will obtain Letters of Credit solely for working capital and general corporate purposes. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224."
Use of Proceeds; Regulations U and X. (a) The proceeds of the Loans shall be used by the Borrower to refinance certain Indebtedness, for working capital and for general corporate purposes and may be used to repay the Private Placement Notes.
(b) No portion of any Loan is to be used for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
Use of Proceeds; Regulations U and X. The proceeds of the Loans on the Closing Date shall be used (i) to finance in part the RailAmerica Acquisition and the Refinancing and (ii) to pay fees and expenses incurred in connection with the Transaction; provided that no more than $150,000,000 of Revolving Loans shall be borrowed on the Closing Date. The proceeds of the Revolving Loans shall be used after the Closing Date to provide ongoing working capital and for general corporate purposes. The Borrowers will obtain Letters of Credit solely for working capital, Capital Expenditures and general corporate purposes. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for the purpose of purchasing or carrying any “margin security” or “margin stock” as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
Use of Proceeds; Regulations U and X. The proceeds of the Loans shall be used for the purpose of (a) working capital and general corporate purposes, (b) funding Permitted Acquisitions including, without limitation, the Lee Xxxnsaction and (c) funding other Investments permitted hereunder. No portion of any Loan is to be used for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for an investment in any Subsidiary of the Borrower which is not a party to a Guaranty.
Use of Proceeds; Regulations U and X. The proceeds of the Term Loan will be used solely to fund the repayment of the Borrower's Indebtedness under the Prior Credit Agreement and certain other existing Indebtedness (including lease financings) of the Borrower and certain Subsidiaries. The proceeds of the Revolving Credit Loans will be used solely for working capital and general corporate purposes and to cover Reimbursement Obligations in accordance with Section 2.6.
Use of Proceeds; Regulations U and X. The proceeds of the Loans on or after the Restatement Effective Date shall be used (i) to finance the acquisition of the equity interests of RailInvest (the “RailInvest Acquisition”) in accordance with the RailInvest Acquisition Agreement, (ii) to pay fees and expenses incurred in connection with Amendment No. 1, (iii) to refinance the loans under the Original Credit Agreement and (iv) for ongoing working capital and general corporate purposes (including Permitted Acquisitions). The proceeds of Incremental Term Loans incurred pursuant to the Aus Reorganization Incremental Commitments shall be used to finance the Aus Reorganization (including the Aus Repayment) and/or the Aus Acquisition. The Borrowers will obtain Letters of Credit solely for working capital, Capital Expenditures and general corporate purposes. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for the purpose of purchasing or carrying any “margin security” or “margin stock” as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
Use of Proceeds; Regulations U and X. The proceeds of the Amendment No. 1 Incremental Loans are intended to be and shall be used solely for the purposes set forth in and permitted by Section 8.10 of the Credit Agreement (as amended hereby). No Credit Party is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock, and no proceeds of any Credit Extension will be used to purchase or carry margin stock or otherwise for a purpose which violates, or would be inconsistent with Regulation U or Regulation X. No Credit Party and no Subsidiary of any Credit Party owns any margin stock.
Use of Proceeds; Regulations U and X. The proceeds of the Loans ------------------------------------ shall be used by (a) the US Borrower solely to restate and refinance the Loans under the Prior Credit Agreement, for Permitted Acquisitions and for working capital and general corporate purposes, (b) the Australian Borrower to refinance its existing and for working capital and general corporate purposes, (c) the Canadian Borrower to refinance existing Indebtedness and for working capital and general corporate purposes, and (d) the Mexican Borrower to finance the Mexican Acquisition and for working capital and general corporate purposes. The US Borrower will obtain Letters of Credit solely for Permitted Acquisitions and for working capital and general corporate purposes. No portion of any Loan is to be used, and no portion of any Letter of Credit is to be obtained, for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
