Institution that is a Lender at such time) that agrees to provide any portion of any Credit Agreement Refinancing Indebtedness pursuant to a Refinancing Amendment in accordance with Section 2.21 provided that each Additional Lender Additional Lender means, at any time, any bank or other financial institution (including any such bank or financial October 12, 2015 among Parent, the Company, Merger Sub and the Target.Īcquisition Agreement, all other agreements entered into between Parent or its Affiliates, the Company or its Affiliates, and Target or its Affiliates, in connection with the Acquisition and all schedules, exhibits and annexes to each of theįoregoing and all side letters, instruments and agreements affecting the terms of the foregoing or entered into in connection therewith. Acquisition Agreement means the Agreement and Plan of Merger dated as of Acquisition means the acquisition of the Target and its subsidiaries The meaning specified in Section 2.24(a). ABR, when used in reference to any Loan or Borrowing, refers to whether such Loan is, or the Loans comprising suchīorrowing are, bearing interest at a rate determined by reference to the Alternate Base Rate. As used in this Agreement, the following terms have the meanings specified below: NOW THEREFORE, the parties hereto agree as follows: WHEREAS, the Borrower has requested that the Lenders extend Loans, which, on the Effective Date shall be in an aggregate principal amount of UNIVERSAL ACQUISITION CO., a Delaware corporation (which on the Effective Date shall be merged with and into EMC Corporation, a Massachusetts corporation (the Target), with EMC Corporation surviving such merger (such survivingĮntity, the Borrower) and being contributed to the Company as a wholly-owned subsidiary of the Company), the LENDERS party hereto, and JPMorgan Chase Bank, N.A., as Administrative Agent and as Collateral Agent. Participants That Are Partnerships For U.S.ĬREDIT AGREEMENT dated as of September 7, 2016 (this Agreement), among Participants That Are Not Partnerships Forįorm of U.S. Lenders That Are Partnerships For U.S.įorm of U.S. Lenders That Are Not Partnerships For U.S.įorm of U.S. Governing Law Jurisdiction Consent to Service of ProcessĪcknowledgement and Consent to Bail-In of EEA Financial Institutionsįorm of U.S. THE ADMINISTRATIVE AGENT AND COLLATERAL AGENT Mitigation Obligations Replacement of Lenders Payments Generally Pro Rata Treatment Sharing of Setoffs JPMORGAN CHASE BANK, N.A., CREDIT SUISSE SECURITIES (USA) LLC, BANK OF AMERICA, N.A.,īARCLAYS BANK PLC, CITIGROUP GLOBAL MARKETS INC., GOLDMAN SACHS BANK USA,ĭEUTSCHE BANK SECURITIES INC. (which on the Effective Date shall be merged with and into EMC Corporation, with EMC Corporation surviving such merger and beingĬontributed to the Company as a wholly-owned subsidiary of the Company) as Borrower,Īdministrative Agent and Collateral Agent,
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