Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 134)

functions) of such Person, even if the right so to vote has been suspended by the happening of such a contingency.

SECTION 1.02. Computation of Time Periods. In this Agreement in the computation of periods of time from a

specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" each mean "to but

excluding".

ARTICLE II

TERMS OF THE ADVANCES

AND LETTERS OF CREDIT

SECTION 2.01. The Advances and Letters of Credit. (a) The Advances. Each Lender severally agrees, on the

terms and conditions hereinafter set forth, to make Advances to any Borrower from time to time on any Business Day during the

period from the Effective Date until the Termination Date applicable to such Lender in an amount for each such Advance not to

exceed such Lender's Unused Commitment on such Business Day. Each Borrowing shall be in an aggregate amount of not less than

$10,000,000 and shall consist of Advances of the same Type made on the same day by the Lenders according to their respective Pro

Rata Shares of such Borrowing. Within the limits of each Lender's Unused Commitment, any Borrower may borrow under this

Section 2.01(a), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(a).

(b) Letters of Credit. Each Issuing Bank agrees, on the terms and conditions hereinafter set forth, to issue

letters of credit (each, a "Letter of Credit") for the account of any Borrower from time to time on any Business Day during the period

from the Effective Date until 30 days before the Termination Date applicable to such Issuing Bank in an aggregate Available Amount

(i) for all Letters of Credit issued by each Issuing Bank not to exceed at any time the lesser of (x) the Letter of Credit Facility at such

time and (y) such Issuing Bank's Letter of Credit Commitment at such time and (ii) for each such Letter of Credit not to exceed an

amount equal to the Unused Commitments of the Lenders at such time. Each Letter of Credit shall be for a stated amount of $250,000

or more, unless otherwise agreed upon between the Company and the Issuing Bank. No Letter of Credit shall have an expiration date

(including all rights of the applicable Borrower or the beneficiary to require renewal) later than the earlier of (x) the date that is one

year after the date of issuance thereof or (y) 10 Business Days prior to the Termination Date applicable to such Issuing Bank, provided

that, if the Termination Date has been extended pursuant to Section 2.17, no Letter of Credit may expire after the Termination Date of

any Non-Consenting Lender if, after giving effect to such Letter of Credit, the aggregate Commitments of the Consenting Lenders

(including any replacement Lenders) for the period following such Termination Date would be less than the Available Amount of the

Letters of Credit expiring after such Termination Date. Within the limits referred to above, the Borrowers may request the issuance of

Letters of Credit under this Section 2.01(b), repay any Advances resulting from drawings thereunder pursuant to Section 2.03(c) and

request the issuance of additional Letters of Credit under this Section 2.01(b). Each letter of credit listed on Schedule 2.01(b) shall be

deemed to constitute a Letter of Credit issued hereunder, and each Lender that is an issuer of such a Letter of Credit shall, for purposes

of Section 2.03, be deemed to be an

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

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 134