Other Provisions Relating to Credit Facilities Sample Clauses

Other Provisions Relating to Credit Facilities. 24 3.1 Default Rate.....................................................24
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Other Provisions Relating to Credit Facilities. 36 3.1 Default Rate. 36 3.2 Extension and Conversion. 37 3.3 Prepayments. 38 3.4 Termination and Reduction of Revolving Committed Amount. 38 3.5 Fees. 39 3.6 Capital Adequacy. 40 3.7 Limitation on Eurodollar Loans. 40 3.8 Illegality. 41 3.9 Requirements of Law. 41 3.10 Treatment of Affected Revolving Loans. 42 3.11 Taxes. 43 3.12 Compensation. 44 3.13 Pro Rata Treatment. 45 3.14 Sharing of Payments. 46 3.15 Payments, Computations, Etc. 46 3.16 Evidence of Debt. 48 3.17 Replacement of Affected Lenders. 48 SECTION 4 GUARANTY 49 4.1 The Guaranty. 49 4.2 Obligations Unconditional. 50 4.3 Reinstatement. 51 4.4 Certain Additional Waivers. 51 4.5 Remedies. 52 4.6 Rights of Contribution. 52 4.7 Continuing Guarantee. 53 SECTION 5 CONDITIONS 53 5.1 Closing Conditions. 53 5.2 Conditions to all Extensions of Credit. 55 SECTION 6 REPRESENTATIONS AND WARRANTIES 56 6.1 Financial Condition. 56 6.2 No Material Change. 57 6.3 Organization and Good Standing. 57 6.4 Power; Authorization; Enforceable Obligations. 57 6.5 No Conflicts. 58 6.6 No Default. 58 6.7 Ownership. 58 6.8 Indebtedness. 58 6.9 Litigation. 59 6.10 Taxes. 59 6.11 Compliance with Law. 59 6.12 ERISA. 59 6.13 Subsidiaries. 60 6.14 Governmental Regulations, Etc. 61 6.15 Purpose of Revolving Loans and Letters of Credit. 61 6.16 Environmental Matters. 61 6.17 Intellectual Property. 62 6.18 Solvency. 63 6.19 Investments. 63 6.20 Disclosure. 63 6.21 No Unusual Restrictions. 63 6.22 Reimbursement from Third Party Payors. 63 6.23 Fraud and Abuse. 63 6.24 Licensing and Accreditation. 64 SECTION 7 AFFIRMATIVE COVENANTS 64 7.1 Information Covenants. 65 7.2 Preservation of Existence and Franchises. 67 7.3 Books and Records. 67 7.4 Compliance with Law. 67 7.5 Payment of Taxes and Other Indebtedness. 68
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Other Provisions Relating to Credit Facilities. 37 4.1 Default Rate 37 4.2 Extension and Conversion 37 4.3 Prepayments 38 4.4 Termination and Reduction of Commitments; Increase of Commitments 39 4.5 Fees 41 4.6 Capital Adequacy 43 4.7 Inability To Determine Interest Rate 43 4.8 Illegality 44 4.9 Requirements of Law 44 4.10 Taxes 45 4.11 Indemnity 53 4.12 Payments Generally; Agent’s Clawback 53 4.13 Sharing of Payments 55 4.14 Computations of Interest and Fees 56 4.15 Cash Collateral 56 4.16 Defaulting Lenders 57 4.17 Mitigation Obligations 59 ARTICLE V CONDITIONS 59
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Other Provisions Relating to Credit Facilities. 3.1Default Rate 3.2Extension and Conversion
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Other Provisions Relating to Credit Facilities. 42 Section 3.1 Default Rate...............................................................................42 Section 3.2 Continuation and Conversion................................................................43 Section 3.3 Prepayments................................................................................43 Section 3.4
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Other Provisions Relating to Credit Facilities. 52 Section 4.1 Interest..................................................................................52 Section 4.2 Default Rate..............................................................................53 Section 4.3 Additional Provisions With Respect to Term Loans..........................................53 Section 4.4 Maximum Interest Rate.....................................................................54 Section 4.5 [Reserved].................................................................................55 Section 4.6 Repayment.................................................................................55 Section 4.7 Prepayments...............................................................................55 Section 4.8 Termination of Revolving Credit Facility..................................................57 Section 4.9 Fees......................................................................................58 Section 4.10 Taxes, Yield Protection...................................................................59 Section 4.11 Pro Rata Treatment........................................................................61 Section 4.12
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Other Provisions Relating to Credit Facilities. Section 3.5 of the Credit Agreement is hereby amended by adding thereto as a new clause (e) the following:
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Other Provisions Relating to Credit Facilities. Default Rate. Upon the occurrence, and during the continuance, of an Event of Default, the principal of and, to the extent permitted by law, interest on the Loans and any other amounts owing hereunder or under the other Credit Documents shall bear interest, payable on demand, at a per annum rate equal to (a) in the case of principal of any Loan, the rate applicable to such Loan during such period pursuant to Section 2, plus 2.00%, (b) in the case of interest on any Loan, the Adjusted Base Rate during such period, plus 2.00% and (c) in the case of any other amount, the Adjusted Base Rate for Revolving Loans during such period, plus 2.00%.
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Other Provisions Relating to Credit Facilities 
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Related to Other Provisions Relating to Credit Facilities

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  • Agency Provisions Relating to Collateral Each Lender authorizes and ratifies Agent's entry into this Agreement and the Security Documents for the benefit of Lenders. Each Lender agrees that any action taken by Agent with respect to the Collateral in accordance with the provisions of this Agreement or the Security Documents, and the exercise by Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders. Agent is hereby authorized on behalf of all Secured Parties, without the necessity of any notice to or further consent from any Lender to take any action with respect to any Collateral or the Loan Documents which may be necessary to perfect and maintain perfected Agent's Liens upon the Collateral, for the benefit of the other Secured Parties. Lenders hereby irrevocably authorize Agent, at its option and in its discretion, to release any Lien granted to or held by Agent upon any Collateral (i) upon termination of the Agreement and payment and satisfaction of all Obligations; or (ii) constituting Property in which no Borrower owned any interest at the time the Lien was granted or at any time thereafter; or (iii) in connection with any foreclosure sale or other disposition of Collateral after the occurrence and during the continuance of an Event of Default; or (iv) if approved, authorized or ratified in writing by Agent at the direction of all Lenders. Upon request by Agent at any time, Xxxxxxx will confirm in writing Agent's authority to release particular types or items of Collateral pursuant hereto. Agent shall have no obligation whatsoever to any Lender or to any other Person to assure that the Collateral exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant to the Security Documents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of its rights, authorities and powers granted or available to Agent in this Section 11.7 or in any of the Loan Documents, it being understood and agreed that in respect of the Collateral, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its sole discretion, but consistent with the provisions of this Agreement, including given Agent's own interest in the Collateral as a Lender and that Agent shall have no duty or liability whatsoever to any Lender.

  • Special Provisions Relating to Certain Collateral 13 Section 4.05. Remedies. 15 Section 4.06. Deficiency 17 Section 4.07. Locations, Names, Etc 17 Section 4.08. Private Sale 17 Section 4.09. Application of Proceeds 17 Section 4.10. Attorney in Fact and Proxy 17 Section 4.11. Perfection and Recordation 18 Section 4.12. Termination 18 Section 4.13. Further Assurances 18

  • Provisions Relating to Accounts (a) Anything herein to the contrary notwithstanding, each of the Grantors shall remain liable under each of the Accounts to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such Account. Neither the Administrative Agent nor any holder of the Secured Obligations shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any holder of the Secured Obligations of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any holder of the Secured Obligations be obligated in any manner to perform any of the obligations of a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts that may have been assigned to it or to which it may be entitled at any time or times.

  • Special Provisions Relating to Euro Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euros or such National Currency, such party shall be entitled to pay or repay such amount either in Euros or in such National Currency. If the basis of accrual of interest or fees expressed in this Agreement with respect to an Agreed Foreign Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Agreed Foreign Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of the Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Borrowing denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to the Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Borrower and the Lenders with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Borrower and the Lenders an opportunity to respond to such proposed change.

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  • Determinations Relating to Collateral In the event (i) the Indenture Trustee shall receive any written request from the Issuer or any other obligor for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer's or any other obligor's obligations with respect thereto or (ii) there shall be due to or from the Indenture Trustee under the provisions hereof any performance or the delivery of any instrument or (iii) the Indenture Trustee shall become aware of any nonperformance by the Issuer or any other obligor of any covenant or any breach of any representation or warranty of the Issuer or any other obligor set forth in this Indenture, then, in each such event, the Indenture Trustee shall be entitled to hire experts, consultants, agents and attorneys to advise the Indenture Trustee on the manner in which the Indenture Trustee should respond to such request or render any requested performance or response to such nonperformance or breach (the expenses of which will be reimbursed to the Agent and the Indenture Trustee pursuant to Section 807). The Indenture Trustee will be fully protected in the taking of any action recommended or approved by any such expert, consultant, agent or attorney or agreed to by the Majority Holders of the Outstanding Notes.

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  • Communications Relating to Fund Investments Subject to the provisions of Section 2.3, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of domestic investments and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund) received by the Custodian in connection with the domestic investments being held for the Fund pursuant to this Agreement. With respect to tender or exchange offers, the Custodian shall transmit to the Fund all written information received by the Custodian, any agent appointed pursuant to Section 2.8 hereof, or any sub-custodian appointed pursuant to Section 1 hereof, from issuers of the domestic investments whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian at least two (2) New York Stock Exchange business days prior to the time such action must be taken under the terms of the tender, exchange offer or other similar transaction, and it will be the responsibility of the Custodian to timely transmit to the appropriate person(s) such notice. Where the Fund provides the Custodian with less than two (2) New York Stock Exchange business days notice of its desired action, the Custodian shall use its best efforts to timely transmit the Fund’s notice to the appropriate person. It is expressly noted that the parties may agree to alternative procedures with respect to such two (2) New York Stock Exchange business days notice period on a selective and individual basis.

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