SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTYUnconditional Guaranty • June 30th, 2022 • Resmed Inc • Surgical & medical instruments & apparatus • New York
THIS SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY (“Guaranty”) is entered into as of June 29, 2022, by each of the undersigned (each a “Guarantor”), in favor of MUFG UNION BANK, N.A. (and its subsidiaries and affiliates), in its capacity as Administrative Agent (“Agent”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 29, 2022 Among RESMED INC., as Borrower, MUFG UNION BANK, N.A., as Administrative Agent, Joint Lead Arranger, Sole Book Runner, Swing Line Lender and L/C Issuer, WESTPAC BANKING...Credit Agreement • June 30th, 2022 • Resmed Inc • Surgical & medical instruments & apparatus • New York
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 V 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 the date on which Borrower delivers its Compliance Certificate for the quarter ending June 30, 2022 to Agent shall be determined based upon Pricing Level I.
SECOND AMENDMENT TO SYNDICATED FACILITY AGREEMENT AND FIRST AMENDMENT TO UNCONDITIONAL GUARANTYSyndicated Facility Agreement and Unconditional Guaranty • June 30th, 2022 • Resmed Inc • Surgical & medical instruments & apparatus • New York
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 V 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 Second Amendment Effective Date through the date on which Parent delivers its Compliance Certificate for the quarter ending June 30, 2022 to Agent shall be determined based upon Pricing Level I.
