SEC Filings

8-K
AECOM filed this Form 8-K on 03/14/2018
Entire Document
 

 

ARTICLE II
THE COMMITMENTS AND CREDIT EXTENSIONS

 

2.01        The Loans.  (a)  The Term A US Borrowing.  Subject to the terms and conditions set forth herein, each Term A US Lender severally agrees to make (or continue, with respect to term A loans outstanding under this Agreement prior to the Amendment No. 5 Effective Date, as Term A US Loans hereunder) a single loan in Dollars to the Company on the Amendment No. 5 Effective Date in an amount not to exceed such Term A US Lender’s Term A US Commitment.  The Term A US Borrowing shall consist of Term A US Loans made simultaneously by the Term A US Lenders in accordance with their respective Term A US Commitments.  Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed.  The Term A US Loans made pursuant to the Term A US Borrowings under this Section 2.01(a) shall constitute a single Term A US Facility.  Term A US Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.  For the avoidance of doubt, the parties hereto acknowledge and agree that the aggregate amount of the Term A US Commitments not drawn (or continued) under the single Term A US Borrowing shall be automatically terminated pursuant to Section 2.06(b)(i).

 

(b)           The Term B Borrowing.  Subject to the terms and conditions set forth herein, each Term B Lender severally agrees to make a single loan in Dollars to the Company on the Amendment No. 5 Effective Date in an amount not to exceed such Term B Lender’s Term B Commitment.  The Term B Borrowing shall consist of Term B Loans made simultaneously by the Term B Lenders in accordance with their respective Term B Commitments.  Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed.  Term B Loans may be Base Rate Loans or Eurocurrency Rate Loans as further provided herein. For the avoidance of doubt, the parties hereto acknowledge and agree that the aggregate amount of the Term B Commitments not drawn under the single Term B Borrowing shall be automatically terminated pursuant to Section 2.06(b)(iv).

 

(c)           The Revolving Credit Borrowings.  Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (iii) the aggregate Outstanding Amount of all Revolving Credit Loans made to the Designated Borrowers shall not exceed the Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Revolving Credit Loans and L/C Obligations denominated in Hong Kong Dollars or New Zealand Dollars shall not exceed the Alternative Currency Sublimit; provided further that any Revolving Credit Loan to be made as part of the initial Credit Extension on the Closing Date shall be in Dollars.  Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c).  Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.

 

(d)           The Term A AUD Borrowing.  Subject to the terms and conditions set forth herein, each Term A AUD Lender severally agrees to make a single loan in Australian Dollars to the Australian Borrower on the Amendment No. 5 Effective Date in an amount not to exceed such Term A AUD Lender’s Term A AUD Commitment.  The Term A AUD Borrowing shall consist of Term A AUD Loans made simultaneously by the Term A AUD Lenders in accordance with their respective Applicable Percentage of the Term A AUD Facility then in effect.  Amounts borrowed under this Section 2.01(d) and repaid or prepaid may not be reborrowed.  Term A AUD Loans may be Eurocurrency Rate Loans at the BBSY rate, as further provided herein.  For the avoidance of doubt, the parties hereto acknowledge and agree that the aggregate amount of the Term A AUD Commitments not drawn under the single Term A AUD Borrowing shall be automatically terminated pursuant to Section 2.06(b)(ii).

 

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