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Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / credit-agreement-sc-second-markup.docx
credit-agreement-sc-second-markup.docx
1020-00001 · 8 clauses
High · 1 Medium · 2 Standard · 1
ARTICLE I — DEFINITIONS AND INTERPRETATION
ARTICLE I — DEFINITIONS AND INTERPRETATION
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 set forth below: "Accounts Receivable" means all accounts (as defined in the UCC), payment intangibles, and rights to payment arising from the Borrower's or any Subsidiary Guarantor's sale of goods or services in the ordinary course of business, including any right of the Borrower or any Subsidiary Guarantor to payment
Section 1.02 — Accounting Terms and GAAP
Section 1.02 — Accounting Terms and GAAP (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared, and all accounting terms used herein shall be construed, in accordance with GAAP. (b) Notwithstanding anything to the contrary herein, for purposes of determining compliance with the financial covenants contained in Article VII, all accounti
Section 1.03 — Rules of Interpretation Standard
⚑ Commercial term
Section 1.03 — Rules of Interpretation (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 by the phrase "without limitation." The word "will" shall be construed to
Section 1.04 — UCC Terms
Section 1.04 — UCC Terms Unless otherwise defined herein, terms used herein that are defined in the UCC as in effect in the State of Illinois shall have the meanings given to such terms in the UCC. Without limiting the foregoing, the terms "account," "chattel paper," "commercial tort claim," "deposit account," "document," "equipment," "general intangible," "goods," "instrument," "inventory," "investment property," "l
Section 1.05 — SOFR Provisions Medium
⚑ Notice / time limit to track
Section 1.05 — SOFR Provisions (a) Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event occurs, the Administrative Agent and the Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. (Chicago
ARTICLE II — THE REVOLVING CREDIT FACILITY
ARTICLE II — THE REVOLVING CREDIT FACILITY
Section 2.01 — Revolving Commitments and Borrowing Base Medium
⚑ Liability cap to check against exposure
Section 2.01 — Revolving Commitments and Borrowing Base (a) Revolving Commitments. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving credit loans (each, a "Revolving Loan") to the Borrower from time to time during the period from and including the Closing Date to but excluding the Maturity Date, in an aggregate principal amount at any one time outstanding not to exce