CREDIT AGREEMENT Dated as of October 31, 2013 Among RESMED INC., as Borrower, UNION BANK, N.A., as Administrative Agent, Joint Lead Arranger, Swing Line Lender and L/C Issuer, and HSBC BANK USA, NATIONAL ASSOCIATION, as Syndication Agent and Joint...Credit Agreement • November 5th, 2013 • Resmed Inc • Surgical & medical instruments & apparatus • California
Any increase or decrease in the Applicable Rate resulting from a change in the Financial Covenant shall become effective as of the first (1st) Business Day of the month immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Pricing Level IV shall apply as of the fifth (5th) Business Day of the month following the date such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered. The Applicable Rate in effect from the Closing Date through December 31, 2013 shall be determined based upon Pricing Level I.
UNCONDITIONAL GUARANTYUnconditional Guaranty • November 5th, 2013 • Resmed Inc • Surgical & medical instruments & apparatus • California
THIS UNCONDITIONAL GUARANTY (“Guaranty”) is entered into as of October 31, 2013, by each of the undersigned (each a “Guarantor”), in favor of UNION BANK, N.A. (and its subsidiaries and affiliates), in its capacity as Administrative Agent (“Agent”).
