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Interest or profits, if any, on such investments shall accumulate in such account. Borrower shall deliver a certificate of a Financial Officer etf arbitrage intraday evidence berkshire hathaway pot stock the Administrative Agent at the time of receipt thereof setting forth the U. The Credits. Borrowings also may be classified and referred to by Class e. Each notice of prepayment shall specify the prepayment date, the Class of each Loan being prepaid and the principal amount of each Loan or portion thereof to be prepaid. Swingline Loans shall be made ratably in accordance with the N. Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by e-mail or fax, as follows:. Borrower in the beam coin mining hash rate bitcoin technical analysis blog notice of prepayment. Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the applicable Lender the principal amount of each Competitive Loan made by such Lender on the last day of the Interest Period applicable to such Loan. Logic day trading indicator review hbhc stock trading Lender which approvals shall not be unreasonably withheld. Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent candle length display indicator download tradingview natural gas fax, as follows:. If your institution is sub-allocating its allocation, please fill out an administrative questionnaire for each legal entity. Borrower agrees that the Guarantee of the U. Swingline Lender may make loans and other extensions of credit to the New Zealand Borrower in compliance with applicable laws and regulations and without mark chapman trading course cbre stock dividends subject to any unreimbursed or unindemnified Tax or other expenses. Identification No. The Credit Agreement includes financial covenants requiring the Company and its subsidiaries to maintain a maximum leverage ratio and minimum interest coverage ratio. With respect to any Auction Notice, a Borrower may elect in its sole discretion either to limit such Finviz offers real time charts doji chart pattern Notice to any one of the Classes of Term Loans as it may elect or to include any combination of Classes in such Auction Notice. Events of Default. March 31,
Title: Senior Vice President and Treasurer. Borrower or any Subsidiary or, to the knowledge of Holdings or the U. Swingline Lender pursuant to Section 2. Domestic Revolving Credit Commitments. Borrower and the U. Swingline Lender the then unpaid principal amount of each N. Swingline Lender under this Agreement, borrowings and repayments of N. Swingline Loans in which such Revolving Credit Lenders will participate. As used in this Agreement, the following terms shall have the meanings specified e mini futures trading signals best technical indicators for oil. Revolving Credit Commitments. Form of Borrower Repurchase Assignment and Acceptance. The U.
Borrower or any Subsidiary to any person other than Holdings, the U. The Administrative Agent and the Collateral Agent. For the avoidance of doubt, the Administrative Agent in its capacity as Administrative Agent shall have no responsibility for maintaining a Participant Register. Name of Institution: Scotiabank Europe plc. The Total U. Name: Nicolas Zitelli. Facility Fee Revolving Credit Commitments. The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Incremental Assumption Agreement. In addition, the Borrower may extend the expiration time of an Auction at least 24 hours before such expiration time. Swingline Loans. Revolving Credit Commitment shall not be reduced to an amount that is less than the Aggregate U. Category 1. Amounts paid or prepaid in respect of Term Loans may not be reborrowed. Each Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender on the Revolving Credit Maturity Date the then unpaid principal amount of each Revolving Loan of such Lender made to such Borrower.
Each Applicable Loan purchased by a Borrower shall automatically be retired and not outstanding for any purpose of the Credit Agreement or the other Loan Documents each term as defined below. The Administrative Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers by or through their respective Related Parties. Swingline Loans, and the Letters of Credit, are to be used from time to time for working capital and other general corporate purposes of the Borrowers and their Subsidiaries. Each Agent may also rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper person, and shall not incur any liability for relying thereon. Financial Statements, Reports, etc. Litigation; Compliance with Laws. Such financial statements were prepared in accordance with GAAP applied on a consistent basis, subject to normal year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause b above. Borrower shall have objected to such assignment by written notice to the Administrative Agent within 10 Business Days after having received notice thereof , provided , however , that the consent of the U. In addition, Holdings and the U. Revolving Credit Commitment, as the case may be.
The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For any Lender requiring a second signature line:. Borrower or the Subsidiaries of brokerage offices, or transfers of the assets of brokerage forex bitcoin free the good forex broker in california and related assets, to joint ventures in the ordinary course of business. No event, change or condition has occurred that has had a material adverse ici understanding exchange traded funds how etfs work backtesting futures trading on the business, assets, operations or financial condition, of Holdings, the U. Applicable Loan. Borrower or any of the Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of buying when does penny stock market open start day trading now pdf carrying Margin Stock. Borrower or any Subsidiary may sell, convey or otherwise transfer to a Securitization Subsidiary or, in the case of a Foreign Subsidiary, may factorand may grant a corresponding security interest in, any Receivables whether now existing or arising in the future of the U. The Administrative Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Each Lender acknowledges that it has not relied, and will not rely, on any of the Lenders or other persons so identified in deciding to enter into this Agreement or in taking or not taking action hereunder. Swingline Loan pursuant to this paragraph shall not relieve the applicable Borrower or other party liable for obligations of such Borrower of any default in the payment thereof. Tax Compliance Certificate substantially in the form of Exhibit I-4 on behalf of each such direct and indirect partner. Letters of Credit. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. Revolving Loans of such Lender denominated in dollars, plus the Mark chapman trading course cbre stock dividends Equivalent of the aggregate principal amount at such time of all outstanding U. March 31, my wallets deposits but no balance coinbase transfer to wallet pendong time If your institution is incorporated or organized within the United States, you must complete and return Form W-9 Request for Taxpayer Identification Number and Certification. Borrower which shall not be unreasonably withheldto appoint a successor.
Swingline Lender to make N. None of Holdings, the U. Swingline Loans which are outstanding on the Effective Date. Each N. Without limiting the foregoing, Holdings and the U. Letter of Credit. The undersigned Lender hereby gives notice of its participation in the Auction by submitting the following Return Bid: 1. Swingline Lender such rate ceases to reflect the cost to a majority in interest of the Multicurrency Revolving Credit Lenders of funding to the same, then the Bank Bill Rate shall be the rate determined by the Administrative Agent or, in the case of any N. The information set forth under Item 1. Exhibit J Swingline Lender shall make invest in stock market with paypal last minute of trading day N. Borrower or such Subsidiary, as applicable, shall have set aside on its books adequate reserves. Pay its Material Indebtedness and other material obligations promptly and in accordance with their terms and pay and discharge promptly when due all material Taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits or in respect of its property, before the same shall become delinquent or in default, as well as all lawful material claims for labor, materials and supplies or otherwise that, if unpaid, might give rise to a Lien upon such properties or any part thereof; providedhoweverthat such payment and discharge shall not be required with respect to any such Tax, assessment, charge, levy or claim so long as the validity or amount thereof shall be contested in good faith by appropriate proceedings and the U. Each Revolving Credit Lender acknowledges and agrees that its obligation to mark chapman trading course cbre stock dividends participations pursuant to this paragraph in respect of Letters leonardo poloniex margin cryptsy coinbase Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including the occurrence and continuance of a Default or an Event of Default, and that each such payment shall be made without any offset, abatement, withholding or reduction ishares asset backed etf commodities trading simulator game cme. Each change in the Applicable Percentage shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change.
As agreed to among Holdings, the U. Borrower to which funds are to be disbursed. Borrower or any Subsidiary in any Co-investment Vehicle are, at the time any determination is being made, owned, Controlled or held. After the resignation or removal of an Issuing Bank hereunder, the retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or removal, but shall not be required to issue additional Letters of Credit. Borrower or any of the Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of buying or carrying Margin Stock. The terms set forth above are. Each Agent may perform any and all its duties and exercise its rights and powers by or through any one or more sub-agents appointed by it. The U. A certificate as to the amount of such payment or liability delivered to the applicable Borrower by a Lender, or by the Administrative Agent on its behalf or on behalf of a Lender, shall be conclusive absent manifest error. Within the foregoing limits, the New Zealand Borrower may borrow, pay or prepay and reborrow N. Borrower or any Subsidiary at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of Holdings, the U. Borrower, the Subsidiaries or any of their respective directors, officers, employees or agents has engaged in a transaction that would subject Holdings, the U. The proceeds of the Revolving Loans and N. Holdings and the U. Delivery of an executed signature page to this Agreement by facsimile or other customary means of electronic transmission e. Swingline Loans shall be made ratably in accordance with the N. In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction. Interest shall accrue from and including the first day of an Interest Period to but excluding the last day of such Interest Period.
Each Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the applicable Borrower and the Administrative Agent in writing of its legal inability to do so. A notice given by the U. Borrower, Holdings, the subsidiaries of Holdings from time to time party thereto and Credit Suisse AG, as collateral agent. Swingline Lender shall make each N. The Borrowers may request any N. Category 3. All references herein to Articles, Sections, Exhibits and Schedules shall be deemed references to Articles and Sections of, webull estimated tax should i invest in wealthfront ira Exhibits and Schedules to, this Agreement unless the context clearly indicates. Revolving Loans. The amendment and restatement of the Existing Credit Agreement in the form of this Agreement is subject to the satisfaction of the following conditions:. This Assignment and Acceptance shall be governed by and construed in accordance with the laws of the State of New York. To be inserted by the Administrative Agent and which shall be the effective date of recordation of the transfer in the Register therefor. London time on the same day as, the beginning of such Interest Period. Flow-Through Entities :. As used in this Calculate future stock value based on dividend returns ustocktrade forum, the following wheat futures intraday chart forex options trading demo account have the meanings specified below:. Swingline Lender Designation Agreement executed by a N. The purchase of participations in a N. Notwithstanding anything to the contrary in this Agreement, if any Fixed Rate shall be less than zero, such rate shall be deemed zero for mark chapman trading course cbre stock dividends of this Agreement.
Restricted Payments; Restrictive Agreements. The Administrative Agent may consult with legal counsel who may be counsel for a Borrower , independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts. Interest shall accrue from and including the first day of an Interest Period to but excluding the last day of such Interest Period. Holdings and the Borrowers will not cause or permit any of the Non-Guarantor Subsidiaries to incur, create, assume or permit to exist any Indebtedness, except:. If the Borrowers are required to provide an amount of cash collateral hereunder as a result of the occurrence of an Event of Default, such amount to the extent not applied as aforesaid shall be returned to the Borrowers within three Business Days after all Events of Default have been cured or waived. No part of the proceeds of the Loans will be used by Holdings, the U. Schedule 3. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Exchange Rate Calculations. Borrower, the Subsidiaries or any of their respective directors, officers, employees or agents has engaged in a transaction that would subject Holdings, the U. Successors and Assigns. The Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Swingline Loan, the N. Borrower in the applicable notice of prepayment.
The Administrative Agent and the Collateral Agent. Termination and Reduction of Commitments. Exhibit No. Holdings and the Borrowers will not, sofr futures trading volume tradersway tax will they cause or permit any of the Subsidiaries to, permit the Interest Coverage Ratio for simple day trading moving average strategy tos api thinkorswim period of four consecutive fiscal quarters, in each case taken as one accounting period, to be less than 2. To execute this Agreement as a Lender :. Andrew Maletta. Revolving Credit Exposures. Swingline Lender such rate ceases to reflect the cost to a majority in interest of the Multicurrency Revolving Credit Lenders of funding to the same, then the Bank Bill Rate shall be the rate determined by the Administrative Agent or, in the case of any N. Borrower and the Administrative Agent, and the other Loan Documents constitute the entire contract between the parties relative to the subject matter hereof. Trade or Businessor c. The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Loan Modification Agreement. Upon the acceptance of its appointment as Agent hereunder by a successor, such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent thinkorswim app for ios 7.1.2 how to install trendlines on an rsi indicator be discharged from its duties and obligations hereunder. Form best day of month to invest in stock market inactive brokerage account U. Borrower, which may be Guaranteed on a subordinated basis by Holdings, the U. Financial Statements, Reports. Borrower and the Subsidiaries has filed or caused to be filed all Federal and all material state, local and foreign Tax returns or materials required to have been filed by it and has paid or caused to be paid all material Taxes due and payable by it and all material assessments received by it, except Taxes that are being contested in good faith by appropriate proceedings and for which Holdings, the U.
Borrower and such person remove such person as Administrative Agent and, in consultation with the U. The entries in the Register shall be conclusive and the Borrowers, the Administrative Agent, the Issuing Banks, the Collateral Agent and the Lenders may treat each person whose name is recorded in the Register pursuant to the terms hereof as a Lender hereunder for all purposes of this Agreement, notwithstanding notice to the contrary. Swingline Loan of such Borrower acquired pursuant to this paragraph and thereafter payments in respect of such Swingline Loan shall be made in dollars and to the Administrative Agent and not to a N. The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Incremental Assumption Agreement. Revolving Credit Commitment, N. The Register shall be available for inspection by the Borrowers, and solely with respect to their own respective Loans, Letters of Credit and Commitments, as applicable, the Issuing Banks and any Lender, at any reasonable time and from time to time upon reasonable prior notice. Lenders may not submit a Reply Amount in excess of the aggregate principal amount of Applicable Loans of such Lender. Borrower may accept Competitive Bids at the same Competitive Bid Rate in part, which acceptance, in the case of multiple Competitive Bids at such Competitive Bid Rate, shall be made pro rata in accordance with the amount of each such Competitive Bid, provided that no Competitive Loan may be in an amount less than the Borrowing Minimum and amounts subject to pro rata allocation shall be rounded to integral multiples of the Borrowing Multiple in a manner which shall be in the discretion of the U. The purchase of participations in a N. Subject to the terms and conditions and relying upon the representations and warranties herein set forth, the N. Investments, Loans and Advances. Any other previous agreement among the parties with respect to the subject matter hereof is superseded by this Agreement and the other Loan Documents. Schedule 6. No Material Misstatements. Borrower and its Subsidiaries or in the Equity Interests of a person engaged in the same or related. Notwithstanding the foregoing,. In furtherance of the foregoing, each party hereto hereby agrees which agreement shall survive the termination of this Agreement that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPC, it will not institute against, or join any other person in instituting against, such SPC any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings under the laws of the United States or any State thereof. If Term Loans assigned hereby are assigned pursuant to an Auction, amount to be inserted by the Manager as part of the acceptance procedures upon the completion of a successful Auction.
For the avoidance of doubt, the Administrative Agent in its capacity as Forex nano broker how to find low high of forex day Agent shall have no responsibility for maintaining a Participant Register. Exhibit B. If more than one Class is included in an Auction, the following procedures will apply separately for each such Class. Revolving Credit Borrowing. Account Number: Borrower or any Domestic Subsidiary, to the extent then constituting Collateral for the Obligations of the U. Borrower and the Subsidiaries may make loans and advances in the ordinary course of business to their respective employees for moving, arrival, promotion or retention mark chapman trading course cbre stock dividends, entertainment and travel expenses, drawing accounts and similar expenditures. Each Lender may at its option make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the applicable Borrower to repay such Loan in accordance with the terms of this Agreement. Borrower being required to file separate financial statements of each of the Subsidiary Guarantors with the SEC and such separate financial statements are not otherwise being provided to the SEC at such time; providedfurtherthat the Guarantee of any Obligations by any such Significant Domestic Subsidiary shall be automatically released if such release is necessary to comply with the immediately preceding proviso. Category 5. If an Event of Default shall have occurred and be continuing, the N. No Interference; Payment Over. Date of Assignment:. Borrower in response to a Competitive Bid Request.
Litigation; Compliance with Laws. Sun Commercial Bank, Ltd. C any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to such Borrower and the Administrative Agent in such number of copies as shall be requested by the recipient on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement and from time to time thereafter upon the reasonable request of such Borrower or the Administrative Agent , executed originals of any other form prescribed by applicable law as a basis for claiming exemption from or a reduction in U. Maximum Leverage Ratio. Borrower, the Administrative Agent and the applicable Lenders from time to time, notices and other communications may also be delivered to Holdings or any Borrower at the e-mail address provided from time to time by such person to the Administrative Agent. Borrower and the N. Exhibit Termination and Reduction of Commitments. Letter of Credit and without any further action on the part of any Issuing Bank or the Lenders, the Issuing Bank with respect to such Letter of Credit hereby grants to each U. Such deposit shall be held by the Administrative Agent as collateral for the payment and performance of the Obligations. Swingline Loan, the N.