Sunoco 2013 Annual Report Download - page 284

C–2
Aggregate amount of new Borrowing: $___________
Type of Loans in new Borrowing: [Fixed Period Eurodollar Loans][Base Rate Loans]
Date of Continuation or Conversion: ____________
Length of Interest Period for Fixed Period Eurodollar Loans: ____ months]
To induce the [Lenders/Swingline Lender] to [make/continue/convert] such Loans, the
Borrower hereby represents, warrants, acknowledges, and agrees to and with the Administrative
Agent and each Lender that:
(a) The undersigned is the duly elected, qualified and acting officer of Sunoco
Logistics Partners GP LLC, the general partner of the Borrower, as indicated below such
officer’s signature hereto having all necessary authority to act for the Borrower in making
the request herein contained.
(b) The representations and warranties made by the Loan Parties in the
Agreement are true and correct in all material respects (except to the extent that any such
representation or warranty is qualified by materiality) on and as of the date hereof, with the
same effect as though such representations and warranties had been made on and as of the
date hereof, except to the extent that such representations and warranties specifically refer
to an earlier date, in which case they were true and correct in all material respects as of such
earlier date, and except, for the purposes of this Loan Notice, that (i) the representations and
warranties contained in Section 5.06(a) of the Credit Agreement shall be deemed to refer to
the most recent financial statements furnished to the Lenders by the Guarantor, and (ii) no
representation or warranty is made with respect to Section 5.06(b) of the Credit Agreement.
(c) There does not exist on the date hereof any condition or event that constitutes
a Default or Event of Default that has not been waived in writing as provided in Section
10.01 of the Agreement; nor will any such Default or Event of Default exist upon the
Borrower’s receipt and application of the Loans requested hereby.
(d) The Borrowings requested herein comply with the requirements set forth in
[Section 2.02 and] Section 2.03 of the Agreement.
The undersigned hereby certifies that, to the best of his knowledge after due inquiry, the
above representations, warranties, acknowledgments, and agreements of the Borrower are true,
correct and complete in all material respects.
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