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Contract analysis / credit-agreement-execution.docx
credit-agreement-execution.docx
High · 1
Medium · 4
Standard · 2
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
Section 1.01 — Defined Terms
Medium
⚑ Notice / time limit to track
Section 1.01 — Defined Terms As used in this Agreement, the following terms shall have the meanings set forth below: "Adjusted Term SOFR" means, for purposes of any calculation, the rate per annum equal to (a) Term SOFR for the applicable Interest Period, plus (b) the SOFR Adjustment (if any); provided that if Adjusted Term SOFR as so determined shall ever be less than the SOFR Floor, then Adjusted Term SOFR shall be
Section 1.02 — Other Interpretive Provisions
Section 1.02 — Other Interpretive Provisions For purposes of this Agreement, unless otherwise specified herein: (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," "includes," and "including" shall be deemed to be followed
Section 1.03 — Accounting Terms
Section 1.03 — Accounting Terms (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, except as otherwise specifically pr
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) to two (2) d
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 New York City time (Eastern Time).
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. All Letter of Credit amounts shall be denominated in Dollars.
Section 1.07 — SOFR Benchmark Replacement
Medium
⚑ Notice / time limit to track
Section 1.07 — SOFR Benchmark Replacement (a) Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and the related Benchmark Replacement Date have occurred with respect to Term SOFR, then the applicable Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any setting of such Benchmark on or afte
ARTICLE II — THE COMMITMENTS AND CREDIT EXTENSIONS
ARTICLE II — THE COMMITMENTS AND CREDIT EXTENSIONS
Section 2.01 — Revolving Credit Loans
Medium
⚑ Liability cap to check against exposure
Section 2.01 — Revolving Credit Loans (a) Subject to the terms and conditions set forth herein, each Lender severally (and not jointly) agrees to make Revolving Credit 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 not to exceed at any time outstanding the amount of such Lender's Co
Section 2.02 — Borrowing Requests; Revolving Credit Borrowings
Standard
⚑ Commercial term
Section 2.02 — Borrowing Requests; Revolving Credit Borrowings (a) Each Revolving Credit Borrowing shall be made upon the Borrower's delivery of a duly completed Borrowing Request, substantially in the form of Exhibit A, to the Administrative Agent not later than 1:00 p.m. (New York City time) (i) three (3) Business Days prior to the requested date of any Borrowing of SOFR Loans, or (ii) one (1) Business Day prior to
Section 2.03 — Swingline Loans
Medium
⚑ Liability cap to check against exposure
Section 2.03 — Swingline Loans (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline 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 at any time outstanding not to exceed Twenty-Five Million Dollars ($25,000,000); provided that (i) af
Section 2.04 — Letters of Credit
High
⚑ Automatic / tacit renewal
Section 2.04 — Letters of Credit (a) General. Subject to the terms and conditions set forth herein, the LC Issuer agrees to issue, amend, renew, or extend Letters of Credit for the account of the Borrower from time to time 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, in an aggregate stated amount at any time outstanding not