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DCP » Topics » 3.3. Conditions to Obligation to Fund the New Term Loan Commitments on the Second Amendment Effective Date.This excerpt taken from the DCP 10-K filed Jun 29, 2006. 3.3. Conditions
to Obligation to Fund the New Term Loan Commitments on the Second Amendment
Effective Date. The obligation of any New Term
Loan Lender to make a
Credit Extension under this Agreement on the Second Amendment Effective Date is
subject to the satisfaction, or waiver in accordance with Section 10.5, of
the following conditions on or before the Second Amendment Effective Date:
(a) Credit Documents. Administrative Agent shall have received (i) the Second Amendment, executed and delivered by a duly authorized officer of the Company, Holdings, each other Guarantor, the Agents, the Issuing Bank, the Requisite Lenders (as defined in the Existing Credit Agreement) and the Continuing Lenders, (ii) if requested by any Lender making a New Term Loan on the Second Amendment Effective Date, a New Term Loan Note substantially in the form of Exhibit B-1, (iii) the Reaffirmation Agreement, executed and77
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