Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 135)

Issuing Bank for each such letter of credit, provided that any renewal or replacement of any such letter of credit shall be issued by an

Issuing Bank pursuant to the terms of this Agreement.

SECTION 2.02. Making the Advances. (a) Except as otherwise provided in Section 2.03(c), each Borrowing shall

be made on notice, given not later than 2:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed

Borrowing in the case of a Borrowing comprised of Eurodollar Rate Advances, or not later than 11:00 A.M. (New York City time) on

the same Business Day as the date of the proposed Borrowing in the case of a Borrowing comprised of Base Rate Advances, by any

Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a

Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing, or by telecopier, in substantially the

form of Exhibit B hereto, specifying therein (i) the requested date of such Borrowing (which shall be a Business Day), (ii) the

requested Type of Advances comprising such proposed Borrowing, (iii) the requested aggregate principal amount of such Borrowing

and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the requested initial Interest Period for each such

Advance. Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account

of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's

Pro Rata Share of such Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable

conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting such Borrowing

at the applicable Borrowers' Account or at such other address and account number of such Borrower as is reasonably acceptable to the

Administrative Agent and as such Borrower shall have specified in the related Notice of Borrowing.

(b) Each Notice of Borrowing shall be irrevocable and binding on the Borrower that requested such

Borrowing. In the case of any Borrowing that the related Notice of Borrowing specifies is to be comprised of Eurodollar Rate

Advances, the Borrower that requested such Borrowing shall indemnify each Lender against any loss, cost or expense incurred by

such Lender as a result of any failure to fulfill on or before the date specified in the Notice of Borrowing for such Borrowing the

applicable conditions set forth in Article III, including, without limitation, any loss (excluding loss of anticipated profits), cost or

expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the

Advance to be made by such Lender as part of such Borrowing when such Advance, as a result of such failure, is not made or

purchased on such date.

Borrowing comprised of Eurodollar Rate Advances, or prior to 1:00 P.M. (New York City time) on the date of any Borrowing

comprised of Base Rate Advances, that such Lender will not make available to the Administrative Agent such Lender's Pro Rata Share

of such Borrowing, the Administrative Agent may assume that such Lender has made such Pro Rata Share available to the

Administrative Agent on the date of such Borrowing in accordance with Section 2.02(a) and the Administrative Agent may, in

reliance upon such assumption, make available to the Borrower requesting such Borrowing on such date a corresponding amount. If

and to the extent that such Lender shall not have so made its Pro Rata Share available to the Administrative Agent, such Lender and

such Borrower severally agree to repay to the Administrative Agent forthwith on demand such amount, and to pay interest thereon, for

each

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

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 135