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Contract analysis / credit-agreement-sc-marked-draft-3.docx
credit-agreement-sc-marked-draft-3.docx
1005-00001 · 8 clauses
High · 1 Medium · 0 Standard · 1
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
ARTICLE I — DEFINITIONS AND ACCOUNTING TERMS
Section 1.01 — Defined Terms High
⚑ Uncapped liability exposure
Section 1.01 — Defined Terms As used in this Agreement, the following terms shall have the meanings set forth below: "ABR" means, for any day, a rate per annum equal to the greatest of (a) the Prime Rate in effect on such day, (b) the Federal Funds Effective Rate in effect on such day plus 0.50%, and (c) the Term SOFR rate for a one-month Interest Period as published on such day (or, if such day is not a Business Day
Section 1.02 — Other Interpretive Provisions
Section 1.02 — Other Interpretive Provisions For purposes of this Agreement, unless otherwise specified: (a) the definitions of terms herein shall apply equally to the singular and plural forms of the terms defined; (b) whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms; (c) the words "include," "includes," and "including" shall be deemed to be followed
Section 1.03 — Accounting Terms
Section 1.03 — Accounting Terms Except as otherwise expressly provided herein, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered hereunder shall be prepared in accordance with GAAP as in effect at the time of such preparation (unless the Borrower and the Administrative Agent agree to a
Section 1.04 — Rounding
Section 1.04 — Rounding Any financial ratios required to be maintained or satisfied 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
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 Reserved. No letter of credit facility is being established under this Agreement.
Section 1.07 — Pro Forma Calculations
Section 1.07 — Pro Forma Calculations Whenever any test, financial ratio, or condition is required to be calculated hereunder on a Pro Forma Basis, the pro forma calculations shall be determined in good faith by a Responsible Officer of the Borrower in accordance with Regulation S-X under the Securities Act of 1933, as amended. Without limiting the generality of the foregoing, in connection with any acquisition (whet