Mondelez 2013 Annual Report Download - page 167

SECTION 2.19 Use of Proceeds . The proceeds of the Advances shall be available (and each Borrower agrees that it shall use such
proceeds) for general corporate purposes of Mondelēz and its Subsidiaries.
SECTION 2.20 Defaulting Lenders . Notwithstanding any provision of this Agreement to the contrary, if any Lender becomes a
Defaulting Lender, then the following provisions shall apply:
(a) fees shall cease to accrue on the Commitment of such Defaulting Lender pursuant to Section 2.09(a); and
(b) the Commitment and Advances of such Defaulting Lender shall not be included in determining whether the Required Lenders
have taken or may take any action hereunder (including any consent to any amendment, waiver or modification of this Agreement pursuant to
Section 9.01); provided that any amendment, waiver or modification requiring the consent of all Lenders or each affected Lender shall require
the consent of such Defaulting Lender.
In the event that each of the Administrative Agent and Mondelēz agree that a Defaulting Lender has adequately remedied all matters
that caused such Lender to be a Defaulting Lender, then such Lender shall purchase at par such of the Pro Rata Advances of the other Lenders as
the Administrative Agent shall determine may be necessary in order for such Lender to hold such Pro Rata Advances in accordance with its pro
rata portion of the total Commitments and clauses (a) and (b) above shall cease to apply.
ARTICLE III
Conditions to Effectiveness and Lending
SECTION 3.01 Conditions Precedent to Effectiveness . This Agreement shall become effective on and as of the first date (the “
Effective Date ”) on which the following conditions precedent have been satisfied, or waived in accordance with Section 9.01:
(a) Mondelēz shall have notified each Lender and the Administrative Agent in writing as to the proposed Effective Date.
(b) On the Effective Date, the following statements shall be true and the Administrative Agent shall have received for the account of
each Lender a certificate signed by a duly authorized officer of Mondelēz, dated the Effective Date, stating that:
(i) the representations and warranties contained in Section 4.01 are correct on and as of the Effective Date, and
(ii) no event has occurred and is continuing on and as of the Effective Date that constitutes a Default or Event of Default.
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