Common use of No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness Clause in Contracts

No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness. No payment by the Capital Corporation on account of principal (or premium, if any), sinking funds, or interest on the Securities shall be made unless full payment of amounts then due for principal, premium, if any, sinking funds and interest and letter of credit fees and commitment fees on Senior Indebtedness has been made or duly provided for in money or money’s worth. JPMorgan Chase Bank, N.A. $250,000,000 Citibank, N.A. $207,500,000 Deutsche Bank AG New York Branch $207,500,000 Bank of America, N.A. $207,500,000 HSBC Bank USA, National Association $152,500,000 BNP Paribas $130,000,000 Royal Bank of Canada $150,000,000 ▇▇▇▇▇ Fargo Bank, National Association $150,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $155,000,000 Barclays Bank Plc $150,000,000 The Bank of New York Mellon $120,000,000 Toronto Dominion (Texas) LLC $140,000,000 Credit Suisse AG, Cayman Islands Branch $110,000,000 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA $70,000,000 Banco Bilbao Vizcaya Argentaria, S.A., New York Branch $45,000,000 Sovereign Bank, NA $50,000,000 U.S. Bank National Association $70,000,000 Westpac Banking Corporation $40,000,000 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. $35,000,000 Nordea Bank Finland Plc $37,500,000 Standard Chartered Bank $15,000,000 The Northern Trust Company $7,500,000 TOTAL $2,500,000,000 1. Mandatory Cost is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Bank, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Banks’ Additional Cost Rates (weighted in proportion to the percentage participation of each Bank in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Bank lending from a Facility Office in a Participating Member State will be the percentage notified by that Bank to the Administrative Agent. This percentage will be certified by that Bank in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Bank lending from a Facility Office in the United Kingdom will be calculated by the Administrative Agent as follows: per cent. per annum Where:

Appears in 2 contracts

Sources: Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co)

No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness. No payment by the Capital Corporation on account of principal (or premium, if any), sinking funds, or interest on the Securities shall be made unless full payment of amounts then due for principal, premium, if any, sinking funds and interest and letter of credit fees and commitment fees on Senior Indebtedness has been made or duly provided for in money or money’s worth. JPMorgan Chase Bank, N.A. $250,000,000 Citibank, N.A. $207,500,000 Deutsche Bank AG New York Branch $207,500,000 Bank of America, N.A. $207,500,000 HSBC Bank USA, National Association $152,500,000 BNP Paribas $130,000,000 Royal Bank of Canada $150,000,000 ▇▇▇▇▇ Fargo Bank, National Association $150,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $155,000,000 Barclays Bank Plc $150,000,000 The Bank of New York Mellon $120,000,000 Toronto Dominion (Texas) LLC $140,000,000 Credit Suisse AG, Cayman Islands Branch $110,000,000 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA $70,000,000 Banco Bilbao Vizcaya Argentaria235,000,000 Barclays Bank PLC $155,000,000 The Bank of Tokyo-Mitsubishi UFJ, S.A.Ltd. $130,000,000 Bank of America, N.A. $105,000,000 JPMorgan Chase Bank, N.A. $105,000,000 Citibank, N.A. $85,000,000 Deutsche Bank AG, New York Branch $45,000,000 Sovereign Bank85,000,000 Standard Chartered Bank $85,000,000 Credit Suisse AG, NA Cayman Islands Branch $50,000,000 U.S. Bank National Association $70,000,000 Westpac Banking Corporation $40,000,000 80,000,000 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. $35,000,000 Nordea 65,000,000 HSBC Bank Finland Plc USA, National Association $37,500,000 Standard Chartered 60,000,000 Toronto Dominion (New York) LLC/The Toronto-Dominion Bank $15,000,000 60,000,000 ▇▇▇▇▇ Fargo Bank, N.A. $55,000,000 Royal Bank of Canada $50,000,000 The Northern Trust Company $7,500,000 40,000,000 Banco Bilbao Vizcaya Argentaria S.A., New York Branch $20,000,000 Sovereign Bank, N.A. $20,000,000 U.S. Bank National Association $20,000,000 Westpac Banking Corporation $20,000,000 The Bank of New York Mellon $15,000,000 Nordea Bank Finland Plc, New York & Cayman Islands Branches $10,000,000 TOTAL $2,500,000,0001,500,000,000 1. Mandatory Cost is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Bank, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Banks’ Additional Cost Rates (weighted in proportion to the percentage participation of each Bank in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Bank lending from a Facility Office in a Participating Member State will be the percentage notified by that Bank to the Administrative Agent. This percentage will be certified by that Bank in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Bank lending from a Facility Office in the United Kingdom will be calculated by the Administrative Agent as follows: per cent. per annum Where:

Appears in 2 contracts

Sources: Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co)

No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness. No payment by the Capital Corporation on account of principal (or premium, if any), sinking funds, or interest on the Securities shall be made unless full payment of amounts then due for principal, premium, if any, sinking funds and interest and letter of credit fees and commitment fees on Senior Indebtedness has been made or duly provided for in money or money’s worth. JPMorgan Chase Bank, N.A. $250,000,000 Citibank, N.A. $207,500,000 Deutsche Bank AG New York Branch $207,500,000 310,000,000 Bank of America, N.A. $207,500,000 310,000,000 Citibank, N.A. $275,000,000 Deutsche Bank AG, New York Branch $275,000,000 HSBC Bank USA, National Association $152,500,000 BNP Paribas 195,000,000 Credit Suisse AG, Cayman Islands Branch $130,000,000 175,000,000 The Bank of New York Mellon $170,000,000 Royal Bank of Canada $150,000,000 155,000,000 ▇▇▇▇▇ Fargo Bank, National Association N.A. $150,000,000 155,000,000 Toronto Dominion (Texas) LLC/The Toronto-Dominion Bank $125,000,000 BNP Paribas $120,000,000 Barclays Bank PLC $100,000,000 Banco Bilbao Vizcaya Argentaria, S.A. New York Branch $65,000,000 Banco Santander, S.A., New York Branch $65,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $155,000,000 Barclays 65,000,000 Westpac Banking Corporation $65,000,000 Nordea Bank Plc $150,000,000 The Bank of Finland Plc, New York Mellon $120,000,000 Toronto Dominion (Texas) LLC $140,000,000 Credit Suisse AG, & Cayman Islands Branch Branches $110,000,000 30,000,000 Fifth Third Bank $25,000,000 U.S. Bank National Association $25,000,000 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Sachs Bank USA $70,000,000 Banco Bilbao Vizcaya Argentaria, S.A., New York Branch $45,000,000 Sovereign Bank, NA $50,000,000 U.S. Bank National Association $70,000,000 Westpac Banking Corporation $40,000,000 20,000,000 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. $35,000,000 Nordea Bank Finland Plc $37,500,000 Standard Chartered Bank $15,000,000 20,000,000 The Northern Trust Company $7,500,000 5,000,000 TOTAL $2,500,000,0002,750,000,000 1. Mandatory Cost is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Bank, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Banks’ Additional Cost Rates (weighted in proportion to the percentage participation of each Bank in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Bank lending from a Facility Office in a Participating Member State will be the percentage notified by that Bank to the Administrative Agent. This percentage will be certified by that Bank in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Bank lending from a Facility Office in the United Kingdom will be calculated by the Administrative Agent as follows: per cent. per annum Where:

Appears in 1 contract

Sources: Credit Agreement (Deere & Co)

No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness. No payment by the Capital Corporation on account of principal (or premium, if any), sinking funds, or interest on the Securities shall be made unless full payment of amounts then due for principal, premium, if any, sinking funds and interest and letter of credit fees and commitment fees on Senior Indebtedness has been made or duly provided for in money or money’s worth. JPMorgan Chase Bank, N.A. $250,000,000 Citibank, N.A. $207,500,000 Deutsche Bank AG New York Branch $207,500,000 105,000,000 Bank of America, N.A. $207,500,000 HSBC Bank USA, National Association $152,500,000 BNP Paribas $130,000,000 Royal Bank of Canada $150,000,000 ▇▇▇▇▇ Fargo 105,000,000 Barclays Bank, National Association PLC $150,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $155,000,000 Barclays Bank Plc $150,000,000 The Bank of New York Mellon $120,000,000 Toronto Dominion (Texas) LLC $140,000,000 Credit Suisse AG, Cayman Islands Branch $110,000,000 185,000,000 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA $70,000,000 Banco Bilbao Vizcaya Argentaria, S.A., New York Branch $45,000,000 Sovereign Bank, NA $50,000,000 U.S. Bank National Association $70,000,000 Westpac Banking Corporation $40,000,000 185,000,000 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. $35,000,000 Nordea 185,000,000 Citibank, N.A. $85,000,000 Credit Suisse AG, Cayman Islands Branch $85,000,000 Deutsche Bank Finland Plc AG, New York Branch $37,500,000 Standard Chartered 85,000,000 BNP Paribas $60,000,000 HSBC Bank USA, National Association $15,000,000 60,000,000 Royal Bank of Canada $60,000,000 Toronto Dominion (New York) LLC $60,000,000 ▇▇▇▇▇ Fargo Bank, National Association $60,000,000 The Northern Trust Company $7,500,000 40,000,000 Banco Bilbao Vizcaya Argentaria S.A., New York Branch $20,000,000 Banco Santander, S.A.- New York Branch $20,000,000 Fifth Third Bank $20,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $20,000,000 U.S. Bank, National Association $20,000,000 Westpac Banking Corporation $20,000,000 The Bank of New York Mellon $10,000,000 Nordea Bank Finland Plc, New York & Cayman Islands Branches $10,000,000 TOTAL $2,500,000,0001,500,000,000 1. Mandatory Cost is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Bank, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Banks’ Additional Cost Rates (weighted in proportion to the percentage participation of each Bank in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Bank lending from a Facility Office in a Participating Member State will be the percentage notified by that Bank to the Administrative Agent. This percentage will be certified by that Bank in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Bank lending from a Facility Office in the United Kingdom will be calculated by the Administrative Agent as follows: per cent. per annum Where:

Appears in 1 contract

Sources: Credit Agreement (Deere John Capital Corp)

No Payment on Securities in Event of Non-Payment When Due of Senior Indebtedness. No payment by the Capital Corporation on account of principal (or premium, if any), sinking funds, or interest on the Securities shall be made unless full payment of amounts then due for principal, premium, if any, sinking funds and interest and letter of credit fees and commitment fees on Senior Indebtedness has been made or duly provided for in money or money’s worth. JPMorgan Chase Bank, N.A. $250,000,000 Citibank$ 300,000,000 Bank of America, N.A. $207,500,000 $ 260,000,000 Citicorp USA $ 260,000,000 Credit Suisse $ 260,000,000 Deutsche Bank AG New York Branch $207,500,000 Bank of America, N.A. $207,500,000 HSBC Bank USA, National Association $152,500,000 BNP Paribas $130,000,000 Royal Bank of Canada $150,000,000 ▇▇▇▇▇ Fargo Bank, National Association $150,000,000 The Bank of Tokyo-Mitsubishi UFJ, Ltd. $155,000,000 Barclays Bank Plc $150,000,000 The Bank of New York Mellon $120,000,000 Toronto Dominion (Texas) LLC $140,000,000 Credit Suisse AG, Cayman Islands Branch $110,000,000 $ 260,000,000 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA $70,000,000 $ 260,000,000 Royal Bank of Canada $ 200,000,000 HSBC Bank USA, National Association $ 200,000,000 Toronto Dominion (Texas) LLC (as successor in interest to Toronto Dominion (Texas), Inc.) $ 175,000,000 BNP Paribas $ 100,000,000 Mellon Bank, N.A. $ 100,000,000 Wachovia Bank, National Association $ 100,000,000 ▇▇▇▇▇ Fargo Bank, National Association $ 100,000,000 Banco Bilbao Vizcaya Argentaria, S.A.S.A. $ 75,000,000 Barclays Bank PLC $ 75,000,000 The Bank of New York $ 75,000,000 Banco Santander Central Hispano, SA , New York Branch $45,000,000 Sovereign $ 30,000,000 The Bank of Tokyo-Mitsubishi, Ltd., Chicago Branch $ 30,000,000 Fifth Third Bank $ 30,000,000 U.S. Bank, NA $50,000,000 U.S. Bank National Association $70,000,000 $ 30,000,000 Westpac Banking Corporation $40,000,000 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank$ 30,000,000 Banca Nazionale del Lavoro S.P.A., N.A. $35,000,000 New York Branch $ 25,000,000 Nordea Bank Finland Plc $37,500,000 Standard Chartered Bank $15,000,000 The Northern Trust Company $7,500,000 PLC $ 25,000,000 TOTAL $2,500,000,000$ 3,000,000,000 1. Mandatory Cost is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Bank, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Banks’ Additional Cost Rates (weighted in proportion to the percentage participation of each Bank in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Bank lending from a Facility Office in a Participating Member State will be the percentage notified by that Bank to the Administrative Agent. This percentage will be certified by that Bank in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Bank lending from a Facility Office in the United Kingdom will be calculated by the Administrative Agent as follows: AB + C(B – D)+E x 0.01 per cent. per annum 100 – (A + C) Where:

Appears in 1 contract

Sources: Credit Agreement (Deere & Co)