Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 145)

fund or maintain Eurodollar Rate Advances, (a) each Eurodollar Rate Advance of such Lender will automatically, on the last day of

the Interest Period then in effect therefor if permitted by applicable law or otherwise upon demand, Convert into a Base Rate Advance

and (b) the obligation of such Lender to make Eurodollar Rate Advances or to Convert Advances into Eurodollar Rate Advances shall

be suspended until the Administrative Agent shall notify the Borrowers (promptly following notice from such Lender) that the

circumstances causing such suspension no longer exist; provided, however, that before making any such demand, each Lender agrees

to use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Eurodollar

Lending Office if the making of such a designation would allow such Lender or its Eurodollar Lending Office to continue to perform

its obligations to make Eurodollar Rate Advances or to continue to fund or maintain Eurodollar Rate Advances and would not, in the

reasonable judgment of such Lender, be otherwise disadvantageous to such Lender. If the obligation of a Lender to make Eurodollar

Rate Advances is suspended pursuant to this Section 2.12, then, until the circumstances causing such suspension no longer apply to

such Lender, all Eurodollar Rate Advances that would otherwise be made by such Lender as part of any Borrowing shall be made

instead as Base Rate Advances, and all payments of principal of and interest on such Base Rate Advances shall be made at the same

time as payments on the Eurodollar Rate Advances otherwise comprising part of such Borrowing.

SECTION 2.13. Payments and Computations. (a) Each Borrower shall make each payment required to be made by

it hereunder and under the Notes not later than 11:00 A.M. (New York City time) on the day when due in US Dollars to the

Administrative Agent at the Administrative Agent's Account, in same day funds. The Administrative Agent will promptly thereafter

cause to be distributed like funds relating to the payment of principal or interest or the Facility Fee ratably (other than amounts

payable pursuant to Section 2.02(c), 2.07(c), 2.11, 2.12, 2.14, 2.15, 2.17 or 9.04(c)) to the Lenders for the account of their respective

Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the

account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon its

acceptance of an Assignment and Acceptance and recording of the information contained therein in the Register pursuant to

Section 9.07(d), from and after the effective date specified in such Assignment and Acceptance, the Administrative Agent shall make

all payments hereunder and under the Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the

parties to such Assignment and Acceptance shall make all appropriate adjustments in such payments for periods prior to such effective

date directly between themselves. Upon any Assuming Lender becoming a Lender hereunder as a result of an extension of the

Termination Date pursuant to Section 2.17, and upon the Administrative Agent's receipt of such Lender's Assumption Agreement and

recording the information contained therein in the Register pursuant to Section 2.17(d), from and after the applicable Extension Date,

the Administrative Agent shall make all payments hereunder and under the Notes in respect of the interest assumed thereby to the

Assuming Lender. Upon any Assuming Lender becoming a Lender hereunder as a result of a Commitment Increase pursuant to

Section 2.19, and upon the Administrative Agent's receipt of such Lender's Assumption Agreement and recording the information

contained therein in the Register pursuant to Section 2.19(d), from and after the applicable Increase Date, the Administrative Agent

shall make all payments hereunder and under the Notes in respect of the interest assumed thereby to the Assuming Lender.

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

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 145