Page | (sequential) | | | | (alphabetic) | Top |
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| | |
- Alternative Formats (Word, et al.)
- Collateral
- Commitment
- Financial Statements
- Guarantee
- Notice of Borrowing
- 10.1 Conditions Precedent to Making of Loans to be Satisfied on the Closing Date
- 10.2 Additional Conditions Precedent to Each Loan
- 11.1 Events of Default
- 11.2 Remedies
- 1.1 Definitions
- 12.1 Term and Termination
- 1.2 Accounting Terms
- 13.1 No Waivers Cumulative Remedies
- 13.2 Amendments and Waivers
- 13.3 Assignments; Participations
- 1.3 Interpretive Provisions
- 14.10 Withholding Tax
- 14.11 [Intentionally Omitted]
- 14.12 Collateral Matters
- 14.13 Restrictions on Actions by Lenders; Sharing of Payments
- 14.14 Agency for Perfection
- 14.15 Payments by Agent to Lenders
- 14.16 Concerning the Collateral and the Related Loan Documents
- 14.17 Field Audit and Examination Reports; Disclaimer by Lenders
- 14.18 Relation Among Lenders
- 14.1 Appointment and Authorization
- 14.2 Delegation of Duties
- 14.3 Liability of Agent
- 14.4 Reliance by Agent
- 14.5 Notice of Default
- 14.6 Credit Decision
- 14.7 Indemnification
- 14.8 Agent in Individual Capacity
- 14.9 Successor Agent
- 15.10 Binding Effect
- 15.11 Indemnity of the Agent and the Lenders by the Borrower
- 15.12 Limitation of Liability
- 15.13 Final Agreement
- 15.14 Counterparts
- 15.15 Captions
- 15.16 Right of Setoff
- 15.17 Borrower Joint and Several Liability
- 15.18 Contribution and Indemnification among the Borrowers
- 15.19 Agency of the Parent Guarantor for each Borrower and other Loan Party
- 15.1 Cumulative Remedies; No Prior Recourse to Collateral
- 15.2 Severability
- 15.3 Governing Law; Choice of Forum; Service of Process; Jury Trial Waiver
- 15.4 Submission to Jurisdiction; Waivers
- 15.5 Survival of Representations and Warranties
- 15.6 Other Security and Guaranties
- 15.7 Fees and Expenses
- 15.8 Notices
- 15.9 Waiver of Notices
- 16.1 Guaranteed Obligations
- 16.2 Guarantee Absolute; Alteration of Obligations
- 16.3 Obligations Joint and Several; Rights Not Exclusive
- 16.4 Waivers
- 16.5 Contribution and Indemnification; Subrogation
- 16.6 Subordination
- 16.7 No Effect on Guarantee
- 16.8 Continuing Guarantee
- 2.1 Total Facility
- 2.2 Revolving Loans
- 2.3 [Intentionally Omitted]
- 2.4 Letters of Credit
- 3.1 Interest
- 3.2 [Intentionally Omitted]
- 3.3 Maximum Interest Rate
- 3.4 [Intentionally Omitted]
- 3.5 Unused Line Fee
- 3.6 Letter of Credit Fee
- 3.7 Agent's Fee
- 4.10 Agent's and Lenders' Books and Records; Monthly Statements
- 4.1 Revolving Loans
- 4.2 Termination or Reduction of Facility
- 4.3 [Intentionally Omitted]
- 4.4 [Intentionally Omitted]
- 4.5 [Intentionally Omitted]
- 4.6 Payments by the Borrower
- 4.7 Payments as Revolving Loans
- 4.8 Apportionment, Application and Reversal of Payments
- 4.9 Indemnity for Returned Payments
- 5.1 Taxes
- 5.2 [Intentionally Omitted]
- 5.3 Increased Costs and Reduction of Return
- 5.4 [Intentionally Omitted]
- 5.5 Certificates of Lenders
- 5.6 Survival
- 6.10 Inventory; Perpetual Inventory
- 6.11 Equipment
- 6.12 Assigned Contracts
- 6.13 Documents, Instruments, and Chattel Paper
- 6.14 Right to Cure
- 6.15 Power of Attorney
- 6.16 The Agent's and Lenders' Rights, Duties and Liabilities
- 6.17 Site Visits, Observations and Testing
- 6.18 [Intentionally Omitted]
- 6.19 [Intentionally Omitted]
- 6.1 Grant of Security Interest
- 6.2 Perfection and Protection of Security Interest
- 6.3 Location of Collateral
- 6.4 Title to, Liens on, and Sale and Use of Collateral
- 6.5 Appraisals
- 6.6 Access and Examination; Confidentiality
- 6.7 Collateral Reporting
- 6.8 Accounts
- 6.9 Collection of Accounts; Payments
- 7.1 Books and Records
- 7.2 Financial Information
- 7.3 Notices to the Lenders
- 8.10 Distributions
- 8.11 Title to Property
- 8.12 Real Estate; Leases
- 8.13 Proprietary Rights
- 8.14 Trade Names and Terms of Sale
- 8.15 Litigation
- 8.16 Restrictive Agreements
- 8.17 Labor Disputes
- 8.18 Environmental Laws
- 8.19 No Violation of Law
- 8.1 Authorization, Validity, and Enforceability of this Agreement and the Loan Documents
- 8.20 No Default
- 8.21 ERISA Compliance
- 8.22 Taxes
- 8.23 Regulated Entities
- 8.24 Use of Proceeds; Margin Regulations
- 8.25 Copyrights, Patents, Trademarks and Licenses
- 8.26 No Material Adverse Effect
- 8.27 Full Disclosure
- 8.28 Material Agreements
- 8.29 Bank Accounts
- 8.2 Validity and Priority of Security Interest
- 8.30 Governmental Authorization
- 8.3 Organization and Qualification
- 8.4 Corporate Name; Prior Transactions
- 8.5 Subsidiaries and Affiliates
- 8.6 Financial Statements and Projections
- 8.7 Capitalization
- 8.8 Solvency
- 8.9 Debt
- 9.10 Distributions; Capital Change; Restricted Investments
- 9.11 Transactions Affecting Collateral or Obligations
- 9.12 Guaranties
- 9.13 Debt
- 9.14 Prepayment
- 9.15 Transactions with Affiliates
- 9.16 Investment Banking and Finder's Fees
- 9.17 [Intentionally Omitted]
- 9.18 Business Conducted
- 9.19 Liens
- 9.1 Taxes and Other Obligations
- 9.20 Sale and Leaseback Transactions
- 9.21 New Subsidiaries
- 9.22 Fiscal Year
- 9.23 Capital Expenditures
- 9.24 Operating Lease Obligations
- 9.25 Net Worth
- 9.26 Fixed Charge Coverage Ratio
- 9.27 Use of Proceeds
- 9.28 Umbro Consent
- 9.29 Further Assurances
- 9.2 Corporate Existence and Good Standing
- 9.3 Compliance with Law and Agreements; Maintenance of Licenses
- 9.4 Maintenance of Property
- 9.5 Insurance
- 9.6 Condemnation
- 9.7 Environmental Laws
- 9.8 Compliance with ERISA
- 9.9 Mergers, Consolidations or Sales
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1 | 1st Page - Filing Submission
|
3 | Collateral
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7 | Guarantee
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10 | 1.1 Definitions
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33 | 1.2 Accounting Terms
|
" | 1.3 Interpretive Provisions
|
34 | 2.1 Total Facility
|
" | 2.2 Revolving Loans
|
39 | 2.3 [Intentionally Omitted]
|
" | 2.4 Letters of Credit
|
45 | 3.1 Interest
|
46 | 3.2 [Intentionally Omitted]
|
" | 3.3 Maximum Interest Rate
|
" | 3.4 [Intentionally Omitted]
|
" | 3.5 Unused Line Fee
|
" | 3.6 Letter of Credit Fee
|
47 | 3.7 Agent's Fee
|
" | 4.1 Revolving Loans
|
" | 4.2 Termination or Reduction of Facility
|
" | 4.3 [Intentionally Omitted]
|
" | 4.4 [Intentionally Omitted]
|
" | 4.5 [Intentionally Omitted]
|
48 | 4.6 Payments by the Borrower
|
" | 4.7 Payments as Revolving Loans
|
" | 4.8 Apportionment, Application and Reversal of Payments
|
49 | 4.9 Indemnity for Returned Payments
|
" | 4.10 Agent's and Lenders' Books and Records; Monthly Statements
|
" | 5.1 Taxes
|
50 | 5.2 [Intentionally Omitted]
|
" | 5.3 Increased Costs and Reduction of Return
|
51 | 5.4 [Intentionally Omitted]
|
" | 5.5 Certificates of Lenders
|
" | 5.6 Survival
|
" | 6.1 Grant of Security Interest
|
52 | 6.2 Perfection and Protection of Security Interest
|
54 | 6.3 Location of Collateral
|
" | 6.4 Title to, Liens on, and Sale and Use of Collateral
|
55 | 6.5 Appraisals
|
" | 6.6 Access and Examination; Confidentiality
|
56 | 6.7 Collateral Reporting
|
" | 6.8 Accounts
|
58 | 6.9 Collection of Accounts; Payments
|
" | 6.10 Inventory; Perpetual Inventory
|
59 | 6.11 Equipment
|
60 | 6.12 Assigned Contracts
|
" | 6.13 Documents, Instruments, and Chattel Paper
|
61 | 6.14 Right to Cure
|
" | 6.15 Power of Attorney
|
" | 6.16 The Agent's and Lenders' Rights, Duties and Liabilities
|
62 | 6.17 Site Visits, Observations and Testing
|
" | 6.18 [Intentionally Omitted]
|
" | 6.19 [Intentionally Omitted]
|
" | 7.1 Books and Records
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63 | 7.2 Financial Information
|
65 | 7.3 Notices to the Lenders
|
67 | 8.1 Authorization, Validity, and Enforceability of this Agreement and the Loan Documents
|
68 | 8.2 Validity and Priority of Security Interest
|
" | 8.3 Organization and Qualification
|
" | 8.4 Corporate Name; Prior Transactions
|
" | 8.5 Subsidiaries and Affiliates
|
" | 8.6 Financial Statements and Projections
|
69 | 8.7 Capitalization
|
" | 8.8 Solvency
|
" | 8.9 Debt
|
" | 8.10 Distributions
|
" | 8.11 Title to Property
|
" | 8.12 Real Estate; Leases
|
70 | 8.13 Proprietary Rights
|
" | 8.14 Trade Names and Terms of Sale
|
" | 8.15 Litigation
|
" | 8.16 Restrictive Agreements
|
" | 8.17 Labor Disputes
|
" | 8.18 Environmental Laws
|
71 | 8.19 No Violation of Law
|
" | 8.20 No Default
|
" | 8.21 ERISA Compliance
|
72 | 8.22 Taxes
|
" | 8.23 Regulated Entities
|
" | 8.24 Use of Proceeds; Margin Regulations
|
" | 8.25 Copyrights, Patents, Trademarks and Licenses
|
" | 8.26 No Material Adverse Effect
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73 | 8.27 Full Disclosure
|
" | 8.28 Material Agreements
|
" | 8.29 Bank Accounts
|
" | 8.30 Governmental Authorization
|
" | 9.1 Taxes and Other Obligations
|
" | 9.2 Corporate Existence and Good Standing
|
74 | 9.3 Compliance with Law and Agreements; Maintenance of Licenses
|
" | 9.4 Maintenance of Property
|
" | 9.5 Insurance
|
75 | 9.6 Condemnation
|
76 | 9.7 Environmental Laws
|
77 | 9.8 Compliance with ERISA
|
" | 9.9 Mergers, Consolidations or Sales
|
78 | 9.10 Distributions; Capital Change; Restricted Investments
|
" | 9.11 Transactions Affecting Collateral or Obligations
|
" | 9.12 Guaranties
|
" | 9.13 Debt
|
79 | 9.14 Prepayment
|
" | 9.15 Transactions with Affiliates
|
" | 9.16 Investment Banking and Finder's Fees
|
" | 9.17 [Intentionally Omitted]
|
" | 9.18 Business Conducted
|
" | 9.19 Liens
|
" | 9.20 Sale and Leaseback Transactions
|
80 | 9.21 New Subsidiaries
|
" | 9.22 Fiscal Year
|
" | 9.23 Capital Expenditures
|
" | 9.24 Operating Lease Obligations
|
" | 9.25 Net Worth
|
81 | 9.26 Fixed Charge Coverage Ratio
|
" | 9.27 Use of Proceeds
|
" | 9.28 Umbro Consent
|
" | 9.29 Further Assurances
|
" | 10.1 Conditions Precedent to Making of Loans to be Satisfied on the Closing Date
|
83 | 10.2 Additional Conditions Precedent to Each Loan
|
84 | 11.1 Events of Default
|
86 | 11.2 Remedies
|
88 | 12.1 Term and Termination
|
" | 13.1 No Waivers Cumulative Remedies
|
" | 13.2 Amendments and Waivers
|
89 | 13.3 Assignments; Participations
|
91 | 14.1 Appointment and Authorization
|
" | 14.2 Delegation of Duties
|
" | 14.3 Liability of Agent
|
92 | 14.4 Reliance by Agent
|
" | 14.5 Notice of Default
|
" | 14.6 Credit Decision
|
93 | 14.7 Indemnification
|
" | 14.8 Agent in Individual Capacity
|
" | 14.9 Successor Agent
|
94 | 14.10 Withholding Tax
|
95 | 14.11 [Intentionally Omitted]
|
" | 14.12 Collateral Matters
|
96 | 14.13 Restrictions on Actions by Lenders; Sharing of Payments
|
97 | 14.14 Agency for Perfection
|
" | 14.15 Payments by Agent to Lenders
|
" | 14.16 Concerning the Collateral and the Related Loan Documents
|
" | 14.17 Field Audit and Examination Reports; Disclaimer by Lenders
|
98 | 14.18 Relation Among Lenders
|
" | 15.1 Cumulative Remedies; No Prior Recourse to Collateral
|
" | 15.2 Severability
|
" | 15.3 Governing Law; Choice of Forum; Service of Process; Jury Trial Waiver
|
100 | 15.4 Submission to Jurisdiction; Waivers
|
" | 15.5 Survival of Representations and Warranties
|
" | 15.6 Other Security and Guaranties
|
" | 15.7 Fees and Expenses
|
101 | 15.8 Notices
|
102 | 15.9 Waiver of Notices
|
" | 15.10 Binding Effect
|
" | 15.11 Indemnity of the Agent and the Lenders by the Borrower
|
103 | 15.12 Limitation of Liability
|
" | 15.13 Final Agreement
|
" | 15.14 Counterparts
|
104 | 15.15 Captions
|
" | 15.16 Right of Setoff
|
" | 15.17 Borrower Joint and Several Liability
|
105 | 15.18 Contribution and Indemnification among the Borrowers
|
" | 15.19 Agency of the Parent Guarantor for each Borrower and other Loan Party
|
106 | 16.1 Guaranteed Obligations
|
" | 16.2 Guarantee Absolute; Alteration of Obligations
|
107 | 16.3 Obligations Joint and Several; Rights Not Exclusive
|
108 | 16.4 Waivers
|
109 | 16.5 Contribution and Indemnification; Subrogation
|
110 | 16.6 Subordination
|
" | 16.7 No Effect on Guarantee
|
" | 16.8 Continuing Guarantee
|
112 | Commitment
|
115 | Financial Statements
|
117 | Notice of Borrowing
|