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Contract analysis / credit-agreement-draft.docx
credit-agreement-draft.docx
1007-00001 · 12 clauses
High · 1 Medium · 1 Standard · 5
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
Section 1.01 — Defined Terms High
⚑ Penalty / liquidated damages
Section 1.01 — Defined Terms As used in this Agreement, the following terms shall have the meanings specified below: "ABR" means, for any day, a rate per annum equal to the greatest of (a) the rate of interest per annum publicly announced from time to time by the Administrative Agent as its "prime rate" in effect on such day at its principal office in Chicago, Illinois (the "Prime Rate"), (b) the Federal Funds Rate i
Section 1.02 — Other Interpretive Provisions Standard
⚑ Commercial term
Section 1.02 — Other Interpretive Provisions With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document: (a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms. The words "include
Section 1.03 — Accounting Terms Standard
⚑ Commercial term
Section 1.03 — Accounting Terms (a) Except as otherwise expressly provided herein, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP as in effect on the Closing Date (the "Frozen GAAP Election"). (b) Notwithstanding any other provision contained herein, all terms of an accounting or financial nature used herein shall be construed, and all computations o
Section 1.04 — Rounding
Section 1.04 — Rounding Any financial ratios required to be maintained by the Borrower pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed herein, and rounding the result up or down to the nearest number (with a rounding-up if there is no nearest number). For purpos
Section 1.05 — Times of Day
Section 1.05 — Times of Day Unless otherwise specified, all references herein to times of day shall be references to Eastern Time (daylight or standard, as applicable).
Section 1.06 — Letter of Credit Amounts Standard
⚑ Commercial term
Section 1.06 — Letter of Credit Amounts Unless otherwise specified herein, the amount of a Letter of Credit at any time shall be deemed to be the stated amount of such Letter of Credit in effect at such time; provided, however, that with respect to any Letter of Credit that, by its terms or the terms of any Issuer Document related thereto, provides for one or more automatic increases in the stated amount thereof, the
Section 1.07 — SOFR Benchmark Replacement
Section 1.07 — SOFR Benchmark Replacement (a) Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred with respect to Term SOFR, then the applicable Benchmark Replacement will replace the then-current Benchmark for all purposes hereunder and under any Loan Document in respect of any s
ARTICLE II — THE COMMITMENTS AND CREDIT EXTENSIONS
ARTICLE II — THE COMMITMENTS AND CREDIT EXTENSIONS
Section 2.01 — Revolving Loans Standard
⚑ Commercial term
Section 2.01 — Revolving Loans (a) Subject to the terms and conditions set forth herein, each Lender severally (and not jointly) agrees to make Revolving Loans to the Borrower from time to time on any Business Day during the period from and including the Closing Date to but excluding the Maturity Date in an aggregate principal amount that will not result in (i) such Lender's Revolving Credit Exposure exceeding such L
Section 2.02 — Borrowings, Conversions and Continuations of Loans Medium
⚑ Liability cap to check against exposure
Section 2.02 — Borrowings, Conversions and Continuations of Loans (a) Borrowing Requests. Each borrowing of Revolving Loans shall be made upon the Borrower's delivery to the Administrative Agent of a duly completed Borrowing Request substantially in the form of Exhibit A. Each such Borrowing Request shall be irrevocable and shall be delivered as follows: (i) in the case of SOFR Loans, not later than 1:00 p.m. Eastern
Section 2.03 — Letters of Credit Standard
⚑ Commercial term
Section 2.03 — Letters of Credit (a) General. Subject to the terms and conditions set forth herein, the Issuing Lender agrees to issue, at the request of the Borrower, standby and commercial Letters of Credit for the account of the Borrower from time to time on any Business Day during the period from and including the Closing Date to but excluding the date that is five (5) Business Days prior to the Maturity Date; pr