Jaap L. Tonckens
Exhibit 10.1
Morgan Stanley Senior Funding Inc. | 1585 Broadway New York NY 10036 tel ###-###-#### |
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January 6, 2004
Capital One Bank
Capital One, F.S.B.
Capital One Financial Corporation
Capital One Bank (Europe) plc
1680 Capital One Dr.
McClean, VA 22101-2980
JPMorgan Chase Bank, as Administrative Agent
Loan & Agency Services
1111 Fanin, 10th Floor
Houston, TX 77002
Attention: Mr. Jeremy M. Jones
Ladies and Gentlemen:
Reference is made to the Credit Agreement dated as of May 5, 2003 (as modified and supplemented and in effect from time to time, the Credit Agreement) among Capital One Financial Corporation, Capital One Bank, Capital One, F.S.B., Capital One Bank (Europe) plc, the lenders party thereto and JPMorgan Chase Bank, as Administrative Agent. Terms used but not defined herein have the respective meanings given to such terms in the Credit Agreement.
This Commitment Increase Letter is delivered pursuant to Section 2.10 of the Credit Agreement.
If, prior to the execution and delivery of this Commitment Increase Letter, the undersigned is a Lender already party to the Credit Agreement, then the undersigned hereby agrees that, effective as of the Commitment Increase Date set forth below, the Commitment of such Lender set forth below is increased by an amount equal to the Commitment Increase Amount set forth below.
If, prior to the execution and delivery of this Commitment Increase Letter, the undersigned is not a Lender already party to the Credit Agreement, then the undersigned hereby agrees that, effective as of the Commitment Increase Date set forth below, the undersigned shall have a Commitment in an amount equal to the Commitment Increase Amount set forth below.
Morgan Stanley Senior Funding Inc. | 1585 Broadway New York NY 10036 tel ###-###-#### |
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Commitment Increase Date: | January 29, 2004 | |
Commitment Increase Amount: | $85,000,000 |
The undersigned agrees with the Borrowers and the Administrative Agent that the undersigned will, from and after the Commitment Increase Date, be a Lender under the Credit Agreement (if not already a Lender thereunder) and perform all of the obligations of the undersigned as a Lender under the Credit Agreement in respect of the Commitment Increase Amount (together with, if already a Lender under the Credit Agreement, the Commitment(s) of the Lender in effect immediately prior to the execution and delivery of this Commitment Increase Letter).
This Commitment Increase Letter shall be governed by and construed in accordance with the law of the State of New York without reference to choice of law doctrine.
Very truly yours,
Morgan Stanley Senior Funding | ||
By | /s/ Jaap L. Tonckens | |
Title: | Jaap L. Tonckens Vice President Morgan Stanley Senior Funding |