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Title:

364 Day Revolving Credit Agreement

Entities:

Banc of America Securities LLC; Bank One, NA; CIBC World Markets Corp.; Nucor Corp.; Wachovia Bank, NA; Wachovia Securities Inc.; Bank of America, NA; Bank of New York

Date:

2003

Size:

Preview shows 76KB of 231KB total

Price:

$78

ID:

#378487

Start of Preview

1.1

Definitions.

1

1.2

Computation of Time Periods and Dollar Equivalents.

14

1.3

Accounting Terms.

15

1.4

Exchange Rates; Currency Equivalents.

15

1.5

Redenomination of Certain Available Foreign Currencies.

15

2.1

Revolving Loans.

16

2.2

Competitive Loan Subfacility.

18

2.3

Letter of Credit Subfacility.

21

3.1

Default Rate.

25

3.2

Extension and Conversion.

25

3.3

Prepayments.

26

3.4

Termination and Reduction of Commitments.

26

3.5

Fees.

27

3.6

LIBOR Reserve Compensation.

28

3.7

Capital Adequacy.

28

3.8

Unavailability.

28

3.9

Illegality.

29

3.10

Requirements of Law.

30

3.11

Inability To Determine Interest Rate.

31

3.12

Replacement of Lenders.

31

3.13

Taxes.

32

3.14

Indemnity.

34

3.15

Pro Rata Treatment.

35

3.16

Sharing of Payments.

36

3.17

Payments, Computations, Etc.

36

3.18

Obligation of Lenders to Mitigate.

38

3.19

Evidence of Debt.

39

3.20

Indemnification; Nature of Issuing Lender?s Duties.

39

4.1

Conditions to Closing.

41

4.2

Conditions to All Extensions of Credit.

42

5.1

Financial Condition.

43

5.2

Organization; Existence.

44

5.3

Power; Authorization; Enforceable Obligations.

44

5.4

Conflict.

44

5.5

No Material Litigation.

45

5.6

No Default.

45

5.7

Taxes.

45

5.8

ERISA

45

5.9

Governmental Regulations, Etc.

46

5.10

Purpose of Extensions of Credit.

47

5.11

Compliance with Laws; Contractual Obligations.

47

5.12

Accuracy and Completeness of Information.

47

5.13

Environmental Matters.

47

6.1

Financial Statements.

48

6.2

Certificates; Other Information.

49

6.3

Notices.

50

6.4

Maintenance of Existence and Compliance with Law.

50

6.5

Maintenance of Property; Insurance.

51

6.6

Inspection of Property; Books and Records; Discussions.

51

6.7

Consolidated Funded Debt to Total Capitalization Ratio.

51

6.8

Use of Proceeds.

51

7.1

Funded Debt of Subsidiaries.

52

7.2

Negative Pledge.

52

7.3

Consolidation, Merger and Sale of Assets.

54

7.4

Transactions with Affiliates.

54

7.5

Permitted Investments.

54

7.6

Limitation on Certain Restrictions

54

8.1

Events of Default.

55

8.2

Acceleration; Remedies.

57

9.1

Appointment.

58

9.2

Delegation of Duties.

58

9.3

Exculpatory Provisions.

58

9.4

Reliance on Communications.

59

9.5

Notice of Default.

59

9.6

Non-Reliance on Administrative Agent and Other Lenders.

60

9.7

Indemnification.

60

9.8

Administrative Agent in its Individual Capacity.

61

9.9

Successor Administrative Agent.

61

9.10

Other Agents, Arrangers and Book Runners.

61

10.1

Notices.

62

10.2

Right of Set-Off.

63

10.3

Benefit of Agreement.

63

10.4

No Waiver; Remedies Cumulative.

66

10.5

Payment of Expenses, etc.

66

10.6

Amendments, Waivers and Consents.

67

10.7

Counterparts.

68

10.8

Headings.

68

10.9

Survival.

68

10.10

Governing Law; Submission to Jurisdiction; Venue.

68

10.11

Confidentiality.

69

10.12

Severability.

70

10.13

Entirety.

70

10.14

Binding Effect; Termination.

70

10.15

Judgment Currency.

70

End of Preview