Page | (sequential) | | | | (alphabetic) | Top |
---|
| | |
- Alternative Formats (Word, et al.)
- Borrowers
- Section 10. Miscellaneous
- Section 1. Definitions
- Section 2. Amount of Commitments; Certain Terms of Payment and Repayment
- Section 3. Letters of Credit
- Section 4. Conditions to Closing Date
- Section 5. Company's Representations and Warranties
- Section 6. Company's Affirmative Covenants
- Section 7. Borrowers' Negative Covenants
- Section 8. Events of Default
- Section 9. Administrative Agent
- Table of Contents
- 10.10 Failure or Indulgence Not Waiver; Remedies Cumulative
- 10.11 Marshalling; Payments Set Aside
- 10.12 Severability
- 10.13 Obligations Several; Independent Nature of Lenders' Rights; Damage Waiver
- 10.14 Release of Security Interest
- 10.15 Headings
- 10.16 Applicable Law
- 10.17 Construction of Agreement
- 10.18 Consent to Jurisdiction and Service of Process
- 10.19 Waiver of Jury Trial
- 10.1 Successors and Assigns; Assignments and Participations in Letters of Credit
- 10.20 Confidentiality
- 10.21 Release of Parties; Waivers
- 10.22 No Fiduciary Duty
- 10.23 Counterparts; Effectiveness
- 10.24 No Third Party Beneficiaries
- 10.2 Expenses
- 10.3 Indemnity
- 10.4 Set-Off
- 10.5 Ratable Sharing
- 10.6 Amendments and Waivers
- 10.7 Independence of Covenants
- 10.8 Notices; Effectiveness of Signatures
- 10.9 Survival of Representations, Warranties and Agreements
- 1.1 Certain Defined Terms
- 1.2 Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement
- 1.3 Other Definitional Provisions and Rules of Construction
- 2.1 Letter of Credit Commitments; Register; Default Rate; Computation of Interest; Maximum Rate
- 2.2 Fees
- 2.3 Mandatory Payments, Reductions in Commitments; General Provisions Regarding Payments; Application of Proceeds of Collateral
- 2.4 Increased Costs; Taxes; Capital Adequacy
- 2.5 Statement of Lenders; Obligation of Lenders and Issuing Lenders to Mitigate
- 2.6 Defaulting Lender
- 2.7 Joint and Several Liability; Payment Indemnifications
- 2.8 Rights of Subrogation, Contribution, Etc
- 3.1 Issuance of Letters of Credit and Lenders' Purchase of Participations Therein
- 3.2 Letter of Credit Fees
- 3.3 Drawings and Reimbursement of Amounts Paid Under Letters of Credit
- 3.4 Obligations Absolute
- 3.5 Nature of Issuing Lenders' Duties
- 3.6 Cash Collateral for Letters of Credit
- 4.1 Conditions to Closing Date
- 5.10 Securities Activities
- 5.11 Employee Benefit Plans
- 5.12 Certain Fees
- 5.13 Environmental Protection
- 5.14 Employee Matters
- 5.15 Matters Relating to Collateral
- 5.16 Disclosure
- 5.17 Cash Management System
- 5.18 Matters Relating to Credit Parties
- 5.19 Investigation
- 5.1 Organization, Powers, Qualification, Good Standing, Business and Subsidiaries
- 5.20 Matters Relating to Bankruptcy Proceedings
- 5.21 Subordinated Indebtedness
- 5.22 Reporting to IRS
- 5.23 Solvency
- 5.2 Authorization of Borrowing, etc
- 5.3 Financial Condition
- 5.4 No Material Adverse Change; No Restricted Payments
- 5.5 Title to Properties; Liens; Real Property; Intellectual Property
- 5.6 Litigation; Adverse Facts
- 5.7 Payment of Taxes
- 5.8 Performance of Agreements; Material Contracts
- 5.9 Governmental Regulation
- 6.10 Deposit Accounts
- 6.11 Further Assurances
- 6.12 High Yield Notes
- 6.13 Most Favored Nations Payments
- 6.1 Financial Statements and Other Reports
- 6.2 Existence, etc
- 6.3 Payment of Taxes and Claims; Tax
- 6.4 Maintenance of Properties; Insurance; Application of Net Insurance/ Condemnation Proceeds
- 6.5 Inspection Rights; Lender Meeting
- 6.6 Compliance with Laws, etc
- 6.7 Environmental Matters
- 6.8 Execution of Borrower Joinder Agreement and Personal Property Collateral Documents After the Closing Date
- 6.9 Matters Relating to Additional Real Property Collateral
- 7.10 Detroit Project Covenants
- 7.11 Conduct of Business
- 7.12 Amendments to Related Agreements, Debt Documentation and Organizational Documents
- 7.13 End of Fiscal Years; Fiscal Quarters
- 7.14 Amendment to Pension Plans
- 7.2 Liens and Related Matters
- 7.3 Investments; Acquisitions
- 7.4 Contingent Obligations; Performance Guaranties
- 7.5 Restricted Payments
- 7.6 Financial Covenants
- 7.7 Restriction on Fundamental Changes; Asset Sales
- 7.8 Transactions with Shareholders and Affiliates
- 7.9 Restriction on Leases
- 8.10 Employee Benefit Plans
- 8.11 Material Adverse Effect
- 8.12 Change in Control
- 8.13 Invalidity of Intercreditor Agreement; Failure of Security; Repudiation of Obligations
- 8.14 Termination of Material Contracts
- 8.15 NOL Treatment
- 8.1 Failure to Make Payments When Due
- 8.2 Default in Other Agreements
- 8.3 Breach of Certain Covenants
- 8.4 Breach of Warranty
- 8.5 Other Defaults Under Credit Documents
- 8.6 Involuntary Bankruptcy; Appointment of Receiver, etc
- 8.8 Judgments and Attachments
- 8.9 Dissolution
- 9.1 Appointment
- 9.2 Powers and Duties; General Immunity
- 9.4 Right to Indemnity
- 9.5 Successor Agents
- 9.6 Intercreditor Agreement
- 9.7 Administrative Agent May File Proofs of Claim
|
1 | 1st Page - Filing Submission
|
2 | Table of Contents
|
9 | Section 1. Definitions
|
" | 1.1 Certain Defined Terms
|
42 | 1.2 Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement
|
43 | 1.3 Other Definitional Provisions and Rules of Construction
|
" | Section 2. Amount of Commitments; Certain Terms of Payment and Repayment
|
" | 2.1 Letter of Credit Commitments; Register; Default Rate; Computation of Interest; Maximum Rate
|
44 | 2.2 Fees
|
45 | 2.3 Mandatory Payments, Reductions in Commitments; General Provisions Regarding Payments; Application of Proceeds of Collateral
|
49 | 2.4 Increased Costs; Taxes; Capital Adequacy
|
53 | 2.5 Statement of Lenders; Obligation of Lenders and Issuing Lenders to Mitigate
|
54 | 2.6 Defaulting Lender
|
55 | 2.7 Joint and Several Liability; Payment Indemnifications
|
56 | 2.8 Rights of Subrogation, Contribution, Etc
|
57 | Section 3. Letters of Credit
|
" | 3.1 Issuance of Letters of Credit and Lenders' Purchase of Participations Therein
|
59 | 3.2 Letter of Credit Fees
|
60 | 3.3 Drawings and Reimbursement of Amounts Paid Under Letters of Credit
|
62 | 3.4 Obligations Absolute
|
63 | 3.5 Nature of Issuing Lenders' Duties
|
64 | 3.6 Cash Collateral for Letters of Credit
|
65 | Section 4. Conditions to Closing Date
|
" | 4.1 Conditions to Closing Date
|
76 | Section 5. Company's Representations and Warranties
|
" | 5.1 Organization, Powers, Qualification, Good Standing, Business and Subsidiaries
|
77 | 5.2 Authorization of Borrowing, etc
|
78 | 5.3 Financial Condition
|
79 | 5.4 No Material Adverse Change; No Restricted Payments
|
" | 5.5 Title to Properties; Liens; Real Property; Intellectual Property
|
80 | 5.6 Litigation; Adverse Facts
|
" | 5.7 Payment of Taxes
|
" | 5.8 Performance of Agreements; Material Contracts
|
81 | 5.9 Governmental Regulation
|
" | 5.10 Securities Activities
|
" | 5.11 Employee Benefit Plans
|
82 | 5.12 Certain Fees
|
83 | 5.13 Environmental Protection
|
" | 5.14 Employee Matters
|
84 | 5.15 Matters Relating to Collateral
|
85 | 5.16 Disclosure
|
" | 5.17 Cash Management System
|
" | 5.18 Matters Relating to Credit Parties
|
86 | 5.19 Investigation
|
" | 5.20 Matters Relating to Bankruptcy Proceedings
|
" | 5.21 Subordinated Indebtedness
|
" | 5.22 Reporting to IRS
|
87 | 5.23 Solvency
|
" | Section 6. Company's Affirmative Covenants
|
" | 6.1 Financial Statements and Other Reports
|
92 | 6.2 Existence, etc
|
" | 6.3 Payment of Taxes and Claims; Tax
|
93 | 6.4 Maintenance of Properties; Insurance; Application of Net Insurance/ Condemnation Proceeds
|
95 | 6.5 Inspection Rights; Lender Meeting
|
" | 6.6 Compliance with Laws, etc
|
" | 6.7 Environmental Matters
|
97 | 6.8 Execution of Borrower Joinder Agreement and Personal Property Collateral Documents After the Closing Date
|
99 | 6.9 Matters Relating to Additional Real Property Collateral
|
" | 6.10 Deposit Accounts
|
100 | 6.11 Further Assurances
|
101 | 6.12 High Yield Notes
|
" | 6.13 Most Favored Nations Payments
|
" | Section 7. Borrowers' Negative Covenants
|
105 | 7.2 Liens and Related Matters
|
108 | 7.3 Investments; Acquisitions
|
110 | 7.4 Contingent Obligations; Performance Guaranties
|
113 | 7.5 Restricted Payments
|
114 | 7.6 Financial Covenants
|
117 | 7.7 Restriction on Fundamental Changes; Asset Sales
|
119 | 7.8 Transactions with Shareholders and Affiliates
|
" | 7.9 Restriction on Leases
|
120 | 7.10 Detroit Project Covenants
|
" | 7.11 Conduct of Business
|
" | 7.12 Amendments to Related Agreements, Debt Documentation and Organizational Documents
|
121 | 7.13 End of Fiscal Years; Fiscal Quarters
|
" | 7.14 Amendment to Pension Plans
|
122 | Section 8. Events of Default
|
" | 8.1 Failure to Make Payments When Due
|
" | 8.2 Default in Other Agreements
|
" | 8.3 Breach of Certain Covenants
|
123 | 8.4 Breach of Warranty
|
" | 8.5 Other Defaults Under Credit Documents
|
" | 8.6 Involuntary Bankruptcy; Appointment of Receiver, etc
|
124 | 8.8 Judgments and Attachments
|
" | 8.9 Dissolution
|
" | 8.10 Employee Benefit Plans
|
125 | 8.11 Material Adverse Effect
|
" | 8.12 Change in Control
|
" | 8.13 Invalidity of Intercreditor Agreement; Failure of Security; Repudiation of Obligations
|
" | 8.14 Termination of Material Contracts
|
" | 8.15 NOL Treatment
|
126 | Section 9. Administrative Agent
|
" | 9.1 Appointment
|
127 | 9.2 Powers and Duties; General Immunity
|
129 | 9.4 Right to Indemnity
|
" | 9.5 Successor Agents
|
130 | 9.6 Intercreditor Agreement
|
" | 9.7 Administrative Agent May File Proofs of Claim
|
131 | Section 10. Miscellaneous
|
" | 10.1 Successors and Assigns; Assignments and Participations in Letters of Credit
|
135 | 10.2 Expenses
|
136 | 10.3 Indemnity
|
137 | 10.4 Set-Off
|
" | 10.5 Ratable Sharing
|
138 | 10.6 Amendments and Waivers
|
139 | 10.7 Independence of Covenants
|
140 | 10.8 Notices; Effectiveness of Signatures
|
" | 10.9 Survival of Representations, Warranties and Agreements
|
141 | 10.10 Failure or Indulgence Not Waiver; Remedies Cumulative
|
" | 10.11 Marshalling; Payments Set Aside
|
" | 10.12 Severability
|
" | 10.13 Obligations Several; Independent Nature of Lenders' Rights; Damage Waiver
|
142 | 10.14 Release of Security Interest
|
" | 10.15 Headings
|
" | 10.16 Applicable Law
|
143 | 10.17 Construction of Agreement
|
" | 10.18 Consent to Jurisdiction and Service of Process
|
144 | 10.19 Waiver of Jury Trial
|
" | 10.20 Confidentiality
|
145 | 10.21 Release of Parties; Waivers
|
146 | 10.22 No Fiduciary Duty
|
" | 10.23 Counterparts; Effectiveness
|
" | 10.24 No Third Party Beneficiaries
|
147 | Borrowers
|