Competitive Loans definition
Competitive Loans a Loan made pursuant to Section 2.1.
Competitive Loans means loans provided for in Section 2.9 hereof.
Competitive Loans means the loans provided for by Section 2.03.
Examples of Competitive Loans in a sentence
Each payment of interest on any Competitive Borrowing shall be allocated pro rata among the Lenders participating in such Borrowing in accordance with the respective amounts of accrued and unpaid interest on their outstanding Competitive Loans comprising such Borrowing.
Each payment of principal of any Competitive Borrowing shall be allocated pro rata among the Lenders participating in such Borrowing in accordance with the respective principal amounts of their outstanding Competitive Loans comprising such Borrowing.
Notwithstanding the foregoing, any Lender assigning its rights and obligations under this Agreement may retain any Competitive Loans made by it outstanding at such time, and in such case shall retain its rights hereunder in respect of any Loans so retained until such Loans have been repaid in full in accordance with this Agreement.
Interest on Competitive Loans shall be payable in arrears on each Interest Payment Date.
This Section shall not apply to Competitive Loans or to Contract Loans, which may not be converted or continued.
More Definitions of Competitive Loans
Competitive Loans. The terms set forth above and on the reverse side hereof are hereby agreed to: [Name of Assignor], as Assignor By:__________________________________ Name: Title: -----------------
Competitive Loans. The terms set forth above and herein are hereby agreed to: [NAME OF ASSIGNOR], as Assignor By:___________________________ Name:_________________________ Title:________________________ [NAME OF ASSIGNEE], as Assignee By:___________________________ Name:_________________________ Title:________________________ The undersigned hereby consent to the within assignment: Trinity Industries, Inc. JPMorgan Chase Bank, N.A., as Administrative Agent By:___________________________ By:___________________________ Name:______________________ Name:______________________ Title:_____________________ Title:_____________________ JPMorgan Chase Bank, N.A., as Issuing Bank By:___________________________ Name:______________________ Title:_____________________ EXHIBIT B [FORM OF] GUARANTY THIS GUARANTY (this "Guaranty"), dated as of ____________, 200_, is made by _________________, a _________________ (the "Guarantor"), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (together with all successors and assigns thereto, the "Administrative Agent") for each of the Lender Parties.
Competitive Loans and "Revolving Loans" under and as defined in the Five-Year Credit Agreement are equal to or in excess of 50% of the sum of the aggregate Commitments and the aggregate "Commitments" under and as defined in the Five-Year Credit Agreement; provided that if any Lender continues to have any Revolving Credit Exposure (or an outstanding term loan pursuant to Section 2.18) when its Commitment terminates, then such utilization fee shall continue to accrue during any period that the sum of (i) the aggregate Competitive Loans, Revolving Loans and term loans outstanding pursuant to Section 2.18 and (ii) the aggregate "Competitive Loans" and "Revolving Loans" under and as defined in the Five-Year Credit Agreement are equal to or in excess of 50% of the sum of the aggregate Commitments immediately before termination of the Commitments on the Termination Date and the aggregate "Commitments" under and as defined in the Five-Year Credit Agreement. Accrued utilization fees shall be payable in arrears on the last day of March, June, September and December of each year and on the Maturity Date (or the date on which such term loan is repaid in full), commencing on the first such date to occur after the date hereof; provided that any utilization fees accruing after the Maturity Date shall be payable on demand. All utilization fees will be calculated on the basis of actual days elapsed in a year of 360 days (including the first day but excluding the last day).
Competitive Loans. Fees Assigned (if any): The terms set forth above and on the reverse side hereof are hereby agreed to: Accepted */ _______________, as Assignor THE CHASE MANHATTAN BANK, as Agent, By:__________________________ By:__________________________ Name: Name: Title: Title: _______________, as Assignee MBNA AMERICA BANK, N.A., as Borrower, By:__________________________ By:__________________________ Name: Name: Title: Title: __________________ */ To be completed only if consents are required under Section 9.04(a). 101 EXHIBIT B TO AMENDMENT AGREEMENT [FORM OF] OPINION MBNA America Bank N.A. January 15, 1997 The Lenders Named in Schedule 2.01 to the Credit Agreement referred to below The Chase Manhattan Bank, as Agent under the Credit Agreement 270 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxdies and Gentlemen: I am Executive Vice President, General Counsel, and Secretary of MBNA Corporation ("MBNA") and Senior Executive Vice President, General Counsel and Secretary of MBNA America Bank, N.A. (the "Bank") and in that capacity have acted as counsel to the Bank in connection with (i) the Amendment Agreement (the "Agreement"), dated as of January 15, 1997, among the Bank, the Lenders listed in Schedule 2.01 thereto, and The Chase Manhattan Bank, as Agent, and (ii) the Amended and Restated Competitive Advance and Revolving Credit Facility Agreement attached as Exhibit A to the Agreement (the "Amended Credit Agreement"). This opinion is rendered to the Lenders and The Chase Manhattan Bank pursuant to Section 4(b) of the Agreement. Capitalized terms used herein but not otherwise defined have the meanings given such terms in the Agreement and the Amended Credit Agreement. In my capacity as such counsel, I have examined and relied upon such records, documents, certificates, opinions and other matters as are in my judgment necessary or appropriate to render the opinions expressed herein. With respect to all documents examined by me I have assumed (i) the due authorization, execution and delivery by each of the parties thereto, other than the Bank, of the documents to which each is a party, and that each of such parties has the power and authority to execute, deliver and perform its obligations under each such document, (ii) the authenticity of all documents submitted to me as originals, (iii) the genuineness of all signatures, other than those of the Bank, on all documents I have examined, and (iv) that all documents submitted to me as copies conform with the original copies of th...
Competitive Loans. Fees Assigned (if any): The terms set forth above and below are hereby agreed to: [NAME OF ASSIGNOR] , as Assignor ------------------------ By:_________________________ Name: Title: [NAME OF ASSIGNEE] , as Assignee ------------------------ By:_________________________ Name: Title: --------------------------------- 1 Must be at least five Business Days after execution hereof by all required parties. Assignment and Acceptance The undersigned hereby consent to the within assignment:2 WASHINGTON MUTUAL, INC. By:_________________________ Name: Title: WASHINGTON MUTUAL FINANCE CORPORATION By:_________________________ Name: Title: THE CHASE MANHATTAN BANK, as Administrative Agent By:_________________________ Name: Title: ------------------ 2 Consents to be included to the extent required by Section 9.04(b) of the Agreement. Assignment and Acceptance EXHIBIT B [Form of Opinion of Counsel to the Borrowers] August ___, 2000 To the Lenders Party to the Agreement Referred to Below and The Chase Manhattan Bank, as Administrative Agent Re: Washington Mutual, Inc./Washington Mutual Finance Corporation Ladies and Gentlemen: We have acted as counsel to Washington Mutual, Inc., a Washington corporation ("WMI") and its wholly owned, indirect subsidiary Washington Mutual Finance Corporation, a Delaware corporation ("Finance" and together with WMI, the "Borrowers"), in connection with the 364 Day Amended and Restated Credit Agreement, dated August 10, 2000, between the Borrowers, the lenders party thereto and The Chase Manhattan Bank, as Administrative Agent (the "Agreement"). This opinion is rendered to you pursuant to Section 4.01(b) of the Agreement. Capitalized terms used without definition in this opinion have the meanings given to them in the Agreement.
Competitive Loans means loans provided for in Section 2.06 hereof. ----------------- ------------
Competitive Loans after "Competitive Bid Procedure" in the heading of Section 2.4;