Common use of Additional Bank Clause in Contracts

Additional Bank. A lender which is to become a party to this Agreement pursuant to Section 2.1.2 [Right to Increase Commitments] hereof, pursuant to Section 2.9.2 [Approval by 67% Banks] or otherwise (each an "Additional Bank") shall execute and deliver to the Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B)(1). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a "Bank" under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Revolving Credit Loans to which the LIBO-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the LIBO-Rate Option with respect to Revolving Credit Loans existing on such date, Borrower shall be deemed to repay the applicable Revolving Credit Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Revolving Credit Loans after such renewal date. Schedule 1.1(B) shall be amended and restated on the date of such Bank Joinder to read as set forth on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, the Borrower shall execute, if requested, a Revolving Credit Note and deliver it to such Additional Bank together with copies of such other documents described in Section 6.1 [First Loans] hereof as such Additional Bank may reasonably require. (i) Schedule 1.1(B) to the Agreement is hereby amended by replacing the grid set forth thereon with the following: Triumph Group, Inc. SCHEDULE 1.1(B) (as of the date of the Third Amendment to Loan Documents) PNC Bank, National Association 55,000,000 .▇▇▇▇▇▇▇▇ Wachovia Bank, National Association 0 — Bank of America, N.A. 50,000,000 .▇▇▇▇▇▇▇▇ Citizens Bank 45,000,000 .▇▇▇▇▇▇▇▇ National City Bank 15,000,000 .▇▇▇▇▇▇▇▇ Fleet National Bank 40,000,000 .▇▇▇▇▇▇▇▇ SunTrust Bank 0 — Allfirst Bank 20,000,000 .▇▇▇▇▇▇▇▇ The Bank of New York 0 — Farmers First 10,000,000 .▇▇▇▇▇▇▇▇ Deutsche Bank Trust Company Americas 15,000,000 .06000000 Total 250,000,000 100 (j) The Pricing Grid is hereby amended and restated to read in its entirety as follows: Pricing Grid for Triumph Group, Inc.(in basis points) Basis for Pricing If the Company's Total Indebtedness to EBITDA ratio is less than or equal to 1.00 to 1. If the Company's Total Indebtedness to EBITDA ratio is greater than 1.00 to 1 but less than or equal to 1.50 to 1 If the Company's Total Total Indebtedness to EBITDA ratio is greater than 1.50 1 but less than or or equal to 2.00 to 1 If the Company's Total Indebtedness to EBITDA ratio is greater than 2.00 to to 1 but less than or equal to 2.50 to 1. If the Company Total Indebtedness to EBITDA ratio is greater than 2.50 to 1. Commitment Fee 20.0 22.5 27.5 32.5 40.0 LIBOR + 100.0 112.5 137.5 162.5 200.0 Base Rate + 0 0 0 0 0 Letter of Credit Fee 100.0 112.5 137.5 162.5 200.0 (k) The Credit Agreement is further amended by adding a new Section 10.19 to read in its entirety as follows:

Appears in 1 contract

Sources: Loan Agreement (Triumph Group Inc /)

Additional Bank. A lender which is to become Any bank becoming a party to this Agreement pursuant to Section 2.1.2 [Right to Increase Commitments] hereof, pursuant to Section 2.9.2 [Approval by 67% Banks] or otherwise 2.15 hereof (each an "Additional Bank") shall execute and deliver to the Agent a Bank Joinder joinder to this Agreement Agreement, in substantially the form attached hereto as Exhibit 1.1(B)(1)M and otherwise satisfactory to Banks and Borrower. Upon execution and delivery of a Bank Joindersuch joinder, such Additional Bank shall be a party hereto and a "Bank" under each added to Schedule 1.01(C) and shall be one of the Loan Documents Banks hereunder for all purposes, purposes except that such Additional Bank's rights shall be limited in the following respects as more fully set forth in such joinder: (A) such Additional Bank shall not participate in Letters of Credit or Escrow Agreements pursuant to Section 2.13 hereof or be entitled to issue new Letters of Credit or Escrow Agreements until the first Business Day of the fiscal quarter following the effective date of the joinder, (B) on the effective date of such joinder the Borrower shall repay all outstanding Loans to which the Prime Rate Option applies and reborrow a like amount of Loans under the Prime Rate Option from the Banks, including the Additional Bank, according to their new Revolving Credit Ratable Shares, (C) such Additional Bank shall not participate in any Revolving Credit Loans to which either the LIBOCD Rate Option, the Revolving Credit Euro-Rate Option, the Term Loan Euro-Rate Option or the Term Loan Treasury Rate Option applies which are outstanding on the effective date of such joinder but shall participate in all new Loans made to Borrower after the effective date of such joinder including, without limitation, new Loans and renewals and conversions of Loans subject to the CD Rate Option, the Revolving Credit Euro- Rate Option, the Term Loan Euro-Rate Option or the Term Loan Treasury Rate Option; and (D) if Treasury Rate Term Loans are outstanding on the date of such joinder, Borrower and such Additional Bank Joindermay elect either: (1) to have such Additional Bank make a Treasury Rate Term Loan to the Borrower on the effective date of such joinder in an amount equal to such Additional Bank's Ratable Share of each Borrowing Tranche (the Additional Bank shall make a separate Treasury Rate Term Loan for each such Borrowing Tranche) of Treasury Rate Term Loans outstanding (after giving effect to the Treasury Rate Term Loan to be made by such Additional Bank) with a term that expires on the Treasury Rate Term Loan Due Date with respect to the Loans comprising such Borrowing Tranche and bearing interest at a rate which is less than or equal to the Additional Bank Treasury Rate Ceiling with respect to such Borrowing Tranche computed by the Agent two (2) Business Days prior to the making of such Loan; Borrower shall deliver a Loan Request to the Agent at least three (3) Business Days before the effective date of such joinder; or, alternatively (2) not to have such Additional Bank make any Treasury Rate Term Loans in which case such Additional Bank shall not have an interest in, make or otherwise participate in the Treasury Rate Term Loans or in repayments thereof when required or permitted under this Agreement; it is acknowledged that an election under this clause (2) shall result in such Additional Bank's having a Revolving Credit Commitment equal to its Commitment, while other Banks will have Revolving Credit Commitments which are less than their Commitments; when Borrower repays the Treasury Rate Term Loans of such other Banks their Revolving Credit Commitments and participations in Revolving Credit Loans, Letters of Credit and Escrow Agreements will increase and certain adjustments will be made as more fully discussed in Section 4.04(a)(2)(B). If Borrower should (i) renew after the effective date of such Bank Joinder joinder the LIBOCD Rate Option or Euro-Rate Option with respect to Revolving Credit Loans or Euro- Rate Term Loan existing on such date (it is acknowledged that the Borrower is required to renew the Euro-Rate Option applicable to Euro-Rate Term Loan for successive one-month Interest Periods with the last such period ending on the Euro-Rate Term Loan Due Date as described in Section 3.01(b)(i) or (ii) convert after the date of such joinder from the CD Rate Option or any Euro-Rate Option to a different Interest Rate Option with respect to Revolving Credit Loans existing on such date, Borrower shall be deemed to repay the applicable Revolving Credit Loans or Euro- Rate Term Loans on the conversion or renewal date date, as the case may be, and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Revolving Credit Loans or Euro-Rate Term Loans after such renewal or conversion date. Any prepayment by Borrower of any portion of the Euro-Rate Term Loans pursuant to the preceding sentence shall not be subject to the Euro-Rate Term Loan Prepayment Premium. Schedule 1.1(B1.01(C) shall be amended and restated on the date of such Bank Joinder joinder to read as set forth on the attachment to such Bank Joinderjoinder. Simultaneously with the execution and delivery of such Bank Joinderjoinder, the Borrower shall execute, if requested, execute a Revolving Credit Note and deliver it to such Additional Bank together with copies originals of such other documents described in Section 6.1 [First Loans] 6.01 hereof as such Additional Bank may reasonably require. (i. Agent, Borrower and Guarantors shall acknowledge any joinders delivered pursuant to this Section 11.11(c) Schedule 1.1(B) and promptly provide copies thereof to the Agreement is hereby amended by replacing the grid set forth thereon with the following: Triumph Group, Inc. SCHEDULE 1.1(B) (as each of the date other Banks. All joinders shall be effective and binding upon all Banks without any requirement for the execution of such joinder by the Third Amendment to Loan Documents) PNC Banks other than the Additional Bank, National Association 55,000,000 .▇▇▇▇▇▇▇▇ Wachovia Bank, National Association 0 — Bank of America, N.A. 50,000,000 .▇▇▇▇▇▇▇▇ Citizens Bank 45,000,000 .▇▇▇▇▇▇▇▇ National City Bank 15,000,000 .▇▇▇▇▇▇▇▇ Fleet National Bank 40,000,000 .▇▇▇▇▇▇▇▇ SunTrust Bank 0 — Allfirst Bank 20,000,000 .▇▇▇▇▇▇▇▇ The Bank of New York 0 — Farmers First 10,000,000 .▇▇▇▇▇▇▇▇ Deutsche Bank Trust Company Americas 15,000,000 .06000000 Total 250,000,000 100 (j) The Pricing Grid is hereby amended and restated to read in its entirety as follows: Pricing Grid for Triumph Group, Inc.(in basis points) Basis for Pricing If the Company's Total Indebtedness to EBITDA ratio is less than or equal to 1.00 to 1. If the Company's Total Indebtedness to EBITDA ratio is greater than 1.00 to 1 but less than or equal to 1.50 to 1 If the Company's Total Total Indebtedness to EBITDA ratio is greater than 1.50 1 but less than or or equal to 2.00 to 1 If the Company's Total Indebtedness to EBITDA ratio is greater than 2.00 to to 1 but less than or equal to 2.50 to 1. If the Company Total Indebtedness to EBITDA ratio is greater than 2.50 to 1. Commitment Fee 20.0 22.5 27.5 32.5 40.0 LIBOR + 100.0 112.5 137.5 162.5 200.0 Base Rate + 0 0 0 0 0 Letter of Credit Fee 100.0 112.5 137.5 162.5 200.0 (k) The Credit Agreement is further amended by adding a new Section 10.19 to read in its entirety as follows:

Appears in 1 contract

Sources: Revolving Credit Agreement (Toll Brothers Inc)