This excerpt taken from the BLL 8-K filed Mar 30, 2006.
pari passu in all respects to the Term Loans and having terms and conditions substantially similar to those applicable to the existing Term Loan Facilities, all pursuant to Section 2.9 of the Credit Agreement; and
WHEREAS, each Person that executes and delivers this Amendment as a Term D Lender will make Term D Loans to Company on the effective date of the Amendment, the proceeds of which will be used by Company, together with the net proceeds from an offering of senior unsecured notes of Company, (i) to reduce existing Multicurrency Revolving Loans and/or Canadian Revolving Loans under the Credit Agreement, (ii) to reduce existing indebtedness of U.S. Can and its subsidiaries in connection with the U.S. Can Acquisition, including funding the Debt Tender Offer (as defined below) and paying off all existing indebtedness under the Existing U.S. Can Credit Agreement (as defined below), (iii) to fund the purchase price in connection with Companys acquisition of certain North American plastic bottle container assets owned by Alcan Inc. (the Alcan Acquisition) and (iv) to pay related fees and expenses of Company in connection with the U.S. Can Acquisition, the Alcan Acquisition and herewith (collectively, excluding the Alcan Acquisition, the First Amendment Transaction); and
WHEREAS, Borrowers have requested that Administrative Agent and the Lenders amend the Credit Agreement in certain respects as set forth herein and the Lenders and Administrative Agent are agreeable to the same, subject to the terms and conditions hereof.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: