{"id":41034,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/form-of-loan-request-under-credit-agreement-staples-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"form-of-loan-request-under-credit-agreement-staples-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/finance\/form-of-loan-request-under-credit-agreement-staples-inc.html","title":{"rendered":"Form of Loan Request – Under Credit Agreement – Staples Inc."},"content":{"rendered":"

FORM OF LOAN REQUEST<\/u><\/strong><\/p>\n

STAPLES, INC.
\n500 Staples Drive
\nFramingham, Massachusetts 01702<\/p>\n

[ , 20 ]<\/p>\n

Bank of America, N.A., as Administrative Agent
\n2001 Clayton Road<\/p>\n

Mail Code: CA4-702-02-25
\nConcord, CA 94520-2405<\/p>\n

Attention: Yamila Faamausili<\/p>\n

Ladies and Gentlemen:<\/p>\n

Reference is hereby made to that certain Credit Agreement dated as of
\nNovember 4, 2010 (as the same may be amended, amended and restated, supplemented
\nor otherwise modified and in effect from time to time, the “Credit<\/u>
\nAgreement<\/u>“), by and among Staples, Inc. (the “Borrower<\/u>“), the
\nLenders listed on Schedule 1 thereto (the “Lenders<\/u>“), Bank of America,
\nN.A., as administrative agent for the Lenders (in such capacity, the
\n“Administrative<\/u> Agent<\/u>“), as the lender of Swing Line Loans, and as
\nan Issuing Bank, Barclays Capital and HSBC Bank USA, National Association, as
\nco-syndication agents for the Lenders and each as an Issuing Bank, and Wells
\nFargo Bank, National Association and JPMorgan Chase Bank, N.A., as
\nco-documentation agents for the Lenders. Capitalized terms which are used herein
\nwithout definition and which are defined in the Credit Agreement shall have the
\nsame meanings herein as in the Credit Agreement.<\/p>\n

Pursuant to \u00a72.2 of the Credit Agreement, we hereby request that a Loan
\nconsisting of [a Base Rate Loan in the principal amount of $ , or<\/em> a
\nEurocurrency Rate Loan in the currency of [ ] and in the principal amount of
\nwith an Interest Period of ] be made on , 20 . We understand that this request
\nis irrevocable and binding on us and obligates us to accept the requested Loan
\non such date.<\/p>\n

We hereby certify that (a) the aggregate outstanding principal amount of the
\nDollar Equivalent of Loans on today153s date, excluding this borrowing and any
\nLoans to be repaid contemporaneously with this borrowing of Loans or other Loans
\nmade today, is $ , the aggregate outstanding principal amount of the Swing Line
\nLoans on today153s date, including any Swing Line Loans to be made today but
\nexcluding any Swing Line Loans to be repaid contemporaneously with this
\nborrowing of Loans or other Loans made today, is $ , and the sum of the Maximum
\nDrawing Amount and all Unpaid Reimbursement Obligations on today153s date is $ ,
\n(b) the aggregate outstanding principal amount of the Dollar<\/p>\n

\n

<\/p>\n

Equivalent of Loans denominated in Alternative Currencies on today153s date,
\nexcluding this borrowing and any such Loans to be repaid contemporaneously with
\nthis borrowing of Loans or other Loans made today, is $ , and the sum of the
\nMaximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to
\nLetters of Credit denominated in Alternative Currencies on today153s date is $ ,
\n(c) we will use the proceeds of the requested Loan in accordance with the
\nprovisions of the Credit Agreement, (d) each of the representations and
\nwarranties contained in the Credit Agreement or in any document or instrument
\ndelivered pursuant to or in connection with the Credit Agreement was true as of
\nthe date as of which it was made and is true at and as of the date hereof
\n(except to the extent of changes resulting from transactions contemplated or
\npermitted by the Credit Agreement and changes occurring in the ordinary course
\nof business that singly or in the aggregate are not materially adverse, and to
\nthe extent that such representations and warranties related expressly to an
\nearlier date[, and excluding the representation and warranty contained in \u00a75.5
\nof the Credit Agreement](1)) and (e) no Default or Event of Default has occurred
\nand is continuing.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n
<\/td>\n\n

Very truly yours,<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

STAPLES, INC.<\/strong><\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

By:<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n\n

Name:<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n\n

Title:<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
\n

(1) The bracketed language in clause (d) shall be excluded if the Senior Debt
\nRating is lower than the Senior Debt Rating Threshold as of the date hereof.\n<\/p><\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8926],"corporate_contracts_industries":[9501],"corporate_contracts_types":[9561,9560],"class_list":["post-41034","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-staples-inc","corporate_contracts_industries-retail__misc","corporate_contracts_types-finance__credit","corporate_contracts_types-finance"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41034","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41034"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41034"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41034"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41034"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}