Examples of Existing Revolving Agreement in a sentence
Furthermore, the Banks party to the Existing Term Agreement and the Existing Banks hereby waive the five Business Days' notice requirement for termination of the "Commitments" (as defined in the Existing Term Agreement and the Existing Revolving Agreement) under Section 2.03(a) of the Existing Term Agreement and Section 2.03(a) of the Existing Revolving Agreement, respectively.
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The Existing Banks hereby waive compliance by the Borrower with the requirement contained in Section 5.03(b) of the Existing Revolving Agreement for the Borrower to provide, upon the termination in full of the "Commitments" under the Existing Revolving Agreement on the date hereof, cash collateral to secure LC Outstandings with respect to the Existing Letters of Credit.
Upon its receipt of the Notes to be delivered hereunder on the Closing Date, each Lender will promptly return to the Borrower, marked “Cancelled” or “Replaced”, the notes of the Borrower held by such Lender pursuant to the Existing Revolving Agreement or the Original Term Loan Agreement.
There shall have been delivered to the Administrative Agent, for each of the Lenders, the Financial Statements and certificates with respect to the Fiscal Year ending December 31, 2003 and with respect to the fiscal quarter ended September 30, 2004 required pursuant to Section 7.2(a) and Section 7.2(b) of the Existing Revolving Agreement, including those required pursuant to Section 7.2(a)(ii) and Section 7.2(b)(ii) of the Existing Revolving Agreement.
In addition, the Existing Banks hereby release their Lien on all of the Collateral (as defined in the "Cash Collateral Agreement" referred to in the Existing Revolving Agreement), if any, and direct the Operational Agent (as defined in the Existing Revolving Agreement) to return all such Collateral to the Borrower.
The Agent shall have received from the Borrowers party thereto an irrevocable notice and direction to terminate the Existing Revolving Agreement, and from any Borrower or Borrowers, a Borrowing Notice requesting an Advance to be paid directly to the Agent in its capacity as agent under such agreement in an amount sufficient to pay in full all amounts, if any, owing thereunder.
If necessary, appropriate adjustments shall be made between the Borrowers and the Lenders to ensure that the Borrowers are not required to make duplicate payments of issue fees in respect of such Letters under this Article 5 previously paid under the Existing Revolving Agreement in respect of the existing letters of credit and/or letters of guarantee set forth in Schedule S hereto.
Each of the letters of credit described on Schedule 2.4 that have been (x) issued by JPMCB on or after December 1, 2004, or (y) issued by Fleet as the “Issuing Lender” under the Existing Revolving Agreement (the “Fleet Letters of Credit”) (Bank of America, N.A..