Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 154)

an opinion of counsel for the Borrowers (which may be in-house counsel), in substantially the form of Exhibit E-1 hereto;

(ii) an assumption agreement from each Assuming Lender, if any, in form and substance satisfactory to the

Company and the Administrative Agent, duly executed by such Assuming Lender, the Administrative Agent and the

Borrower; and

(iii) confirmation from each Increasing Lender, if any, of the increase in the amount of its Revolving Credit

Commitment in a writing satisfactory to the Company and the Administrative Agent.

On each Increase Date, upon fulfillment of the conditions set forth in the immediately preceding sentence of this Section 2.19(d), the

Administrative Agent shall notify the Lenders (including, without limitation, each Assuming Lender) and the Company, on or before

1:00 P.M. (New York City time), by telecopier, of the occurrence of the Commitment Increase to be effected on such Increase Date

and shall record in the Register the relevant information with respect to each Increasing Lender and each Assuming Lender on such

date. On each Increase Date each Assuming Lender and each Increasing Lender shall make available for the account of its Applicable

Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, in the case of an Assuming

Lender, an amount equal to such Assuming Lender's ratable portion of the Borrowings then outstanding (calculated based on its

Commitment as a percentage of the aggregate Commitments after giving effect to the relevant Commitment Increase) and, in the case

of such Increasing Lender, an amount equal to the excess of (A) such Increasing Lender's ratable portion of the Borrowings then

outstanding (calculated based on its Commitment as a percentage of the aggregate Commitments after giving effect to the relevant

Commitment increase) over (B) such Increasing Lender's ratable portion of the Borrowings then outstanding (based on its

Commitment (without giving effect to the relevant Commitment Increase) as a percentage of the aggregate Commitments (without

giving effect to such Commitment Increase). After the Administrative Agent's receipt of such funds from each such Increasing Lender

and each such Assuming Lender, the Administrative Agent will promptly thereafter cause to be distributed like funds to the other

Lenders for the account of their respective Applicable Lending Offices in an amount to each other Lender such that the aggregate

amount of the outstanding Advances owing to each Lender, after giving effect to such distribution equals such Lender's ratable portion

of the Borrowings then outstanding (calculated based on its Commitment as a percentage of the aggregate Commitments after giving

effect to the relevant Commitment Increase). On each Increase Date, each Borrower shall pay on to the Administrative Agent for the

Account of each Lender amounts, if any, owing to such Lenders pursuant to Section 9.04(c).

SECTION 2.20. Evidence of Debt. (a) Each Lender shall maintain in accordance with its usual practice an account

or accounts evidencing the indebtedness of each Borrower to such Lender resulting from each Advance owing to such Lender from

time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder in respect of

Advances. Each Borrower agrees that upon notice by any Lender to such Borrower (with a copy of such notice to the Administrative

Agent) to the effect that a Note is required or appropriate in order for such Lender to evidence (whether for purposes of pledge,

enforcement or otherwise) the Advances owing to, or to be made by, such Lender, such

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 154