U.S. $5,000,000,000 364-DAY TERM LOAN AGREEMENT Dated as of January 5, 2006 Among ORACLE CORPORATION and OZARK HOLDING INC. THE LENDERS NAMED HEREIN as the Initial Lenders and WACHOVIA BANK, NATIONAL ASSOCIATION as Administrative Agent and CHASE...364-Day Term Loan Agreement • January 11th, 2006 • Oracle Corp /De/ • Services-prepackaged software • New York
Among Oracle Corporation, a Delaware corporation (“Oracle” or the “Borrower”, which term includes New Oracle, as herein defined, from and after the Mergers), and the banks, financial institutions, other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, Chase Lincoln First Commercial Corporation, as Syndication Agent, Citicorp North America, Inc. as Senior Managing Agent, Wachovia Bank, National Association, a national bank organized under the laws of the United States (“Wachovia”), as Administrative Agent (in such capacity, the “Agent”), and, Wachovia Capital Markets, LLC and J.P. Morgan Securities Inc. as Joint Lead Arrangers and Wachovia Capital Markets, LLC, J.P. Morgan Securities Inc. and Citigroup Global Markets Inc. as Joint Bookrunners.
FIRST AMENDMENTFacility Agreement • January 11th, 2006 • Oracle Corp /De/ • Services-prepackaged software • New York
WHEREAS, as a condition of the extension of the Term Loan (as defined in the Guaranty), Oracle has executed the Guaranty, which guarantees all obligations of the Borrower to the Lender in respect of the Term Loan for the benefit of the Lender;
FIRST AMENDMENT364-Day Revolving Credit Agreement • January 11th, 2006 • Oracle Corp /De/ • Services-prepackaged software • New York
FIRST AMENDMENT (this “Amendment”), dated as of January 5, 2006 to the 364-Day Revolving Credit Agreement dated as of March 18, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Oracle Corporation (“Oracle” and, until the consummation of the Mergers referred to below, the “Borrower”), the banks, financial institutions, other institutional lenders (the “Lenders”) thereto, Wachovia Bank, National Association (“Wachovia”) as Administrative Agent (in such capacity, the “Agent” and collectively, the “Original Parties”), Credit Suisse, New York branch (“CSFB”) and ABN AMRO Bank N.V., as Syndication Agents (in such capacity, the “Syndication Agents”) and Bank of America, N.A. and Deutsche Bank Securities, Inc., as documentation agents (in such capacity, the “Documentation Agents”) and Wachovia Capital Markets LLC and CSFB, as Joint Lead Arrangers and Joint Bookrunners.
