Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 155)

Borrower shall promptly execute and deliver to such Lender a Note payable to the order of such Lender in a principal amount up to the

Revolving Credit Commitment of such Lender.

(b) The Register maintained by the Administrative Agent pursuant to Section 9.07(d) shall include a control

account, and a subsidiary account for each Lender, in which accounts (taken together) shall be recorded (i) the date and amount of

each Borrowing made hereunder, the Type of Advances comprising such Borrowing and, if appropriate, the Interest Period applicable

thereto, (ii) the terms of each Assumption Agreement and each Assignment and Acceptance delivered to and accepted by it, (iii) the

amount of any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and

(iv) the amount of any sum received by the Administrative Agent from each Borrower hereunder and each Lender's share thereof.

and by each Lender in its account or accounts pursuant to subsection (a) above, shall be prima facie evidence of the amount of

principal and interest due and payable or to become due and payable from each Borrower to, in the case of the Register, each Lender

and, in the case of such account or accounts, such Lender, under this Agreement, absent manifest error; provided, however, that the

failure of the Administrative Agent or such Lender to make an entry, or any finding that an entry is incorrect, in the Register or such

account or accounts shall not limit or otherwise affect the obligations of any Borrower under this Agreement.

SECTION 2.21. Addition of Issuing Banks. The Company may, by notice to the Administrative Agent, request that

an Eligible Assignee be added as an Issuing Bank under this Agreement and having a Letter of Credit Commitment in the amount

indicated in such notice, to be effective as of a date that is at least 90 days prior to the final Termination Date (the " Addition

Date"). On each Addition Date, each such Eligible Assignee that is not prior to such date a Lender hereunder shall become a Lender

and an Issuing Bank party to this Agreement as of such Addition Date having a Letter of Credit Commitment as indicated in such

notice, and each such Eligible Assignee that prior to such date is a Lender and accepts an offer to become an Issuing Bank shall

become an Issuing Bank party to this Agreement as of such Addition Date having a Letter of Credit Commitment as indicated in such

notice; provided, however, that the Administrative Agent shall have received on or before such Addition Date the following, an

assumption agreement from each such Eligible Assignee, in form and substance satisfactory to the Company and the Administrative

Agent, duly executed by such Eligible Assignee, the Administrative Agent and the Borrower, pursuant to which such Eligible

Assignee agrees to be bound by the terms of this Agreement and to perform the obligations of an Issuing Bank hereunder. On each

Addition Date, upon fulfillment of the conditions set forth in the immediately preceding sentence of this Section 2.21, the

Administrative Agent shall notify the Company of the addition of each such Issuing Bank to be effected on such Addition Date and

shall record in the Register the relevant information with respect to each applicable Eligible Assignee on such date.

ARTICLE III

CONDITIONS TO EFFECTIVENESS AND LENDING

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

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 155