AGENTS AND LENDERS rights and remedies under this Agreement shall be cumulative and nonexclusive of any other rights and remedies that Agent or any Lender may have under any other agreement, including the other Loan Documents, by operation of law or otherwise. Recourse to the Collateral shall not be required.
AGENTS AND LENDERS. Each bank serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
AGENTS AND LENDERS rights and remedies under this Agreement or otherwise arising are cumulative and may be exercised singularly or concurrently. Neither the failure nor any delay on the part of Agent or any Lender to exercise any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of that or any other right, power or privilege. NONE OF AGENT OR ANY LENDER SHALL BE DEEMED TO HAVE WAIVED ANY OF ITS RESPECTIVE RIGHTS UNDER THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT, INSTRUMENT OR PAPER SIGNED BY BORROWER UNLESS SUCH WAIVER IS EXPRESSED IN WRITING AND SIGNED BY AGENT, REQUISITE LENDERS OR ALL LENDERS, AS APPLICABLE. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
AGENTS AND LENDERS. BANK OF AMERICA, N.A., as Administrative Agent and as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Senior Vice President XXXXXXX XXXXX LENDING PARTNERS LLC, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice-President REGIONS BANK, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Asst Vice President BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President EXHIBIT A SECURITY AGREEMENT AMENDMENT FIRST AMENDMENT TO AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (this “First Amendment”) is dated as of April 8, 2014, among INTERLINE BRANDS, INC., a New Jersey corporation (the “Company”), WILMAR FINANCIAL, INC., a Delaware corporation (“Wilmar Financial”), JANPAK, LLC, a West Virginia limited liability company (“JanPak”), JANPAK OF SOUTH CAROLINA, LLC, a South Carolina limited liability company (“JanPak SC”), JANPAK OF TEXAS, LLC, a Texas limited liability company (“JanPak Texas”), IBI MERCHANDISING SERVICES, INC., a Delaware corporation (“IBI Merchandising”), GLENWOOD ACQUISITION LLC, a Delaware limited liability company (“Glenwood”), and ZIP TECHNOLOGY, LLC a West Virginia limited liability company (“Zip LLC”, and together with the Company, Wilmar Financial, JanPak, JanPak SC, JanPak Texas, IBI Merchandising and Glenwood, the “Initial Grantors”), and BANK OF AMERICA, N.A., a national banking association, in its capacity as administrative agent for the Secured Parties (the “Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Security Agreement referred to below.
AGENTS AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as US Agent and as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Duly Authorized Signatory GE CANADA FINANCE HOLDING COMPANY, as Canadian Agent and as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Duly Authorized Signatory BANK OF MONTREAL, as a US Lender and as a Canadian Lender By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President EXHIBIT A Revised form of Compliance Certificate See attached. EXHIBIT 4.2(b) COMPLIANCE CERTIFICATE THERMON INDUSTRIES, INC., as the US Borrower THERMON CANADA INC., as the Canadian Borrower Date: , 201 This Compliance Certificate (this “Certificate”) is given by Xxxxxxx Holding Corp., a Delaware corporation (“Holdings”), pursuant to subsection 4.2(b) of that certain Credit Agreement dated as of April 30, 2010 by and among Thermon Industries, Inc., a Texas corporation (the “US Borrower”), and Thermon Canada Inc., a Nova Scotia company (the “Canadian Borrower”; the US Borrower and the Canadian Borrower are referred to herein each individually as a “Borrower” and together as the “Borrowers”), Holdings, as a Credit Party, the other Credit Parties party thereto, General Electric Capital Corporation, as administrative agent (in such capacity, “US Agent”) for the financial institutions from time to time party to the Credit Agreement described herein with a US Revolving Loan Commitment (as defined in the Credit Agreement described herein) (the “US Lenders”), the US Lenders, GE Canada Holding Finance Company, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, “Canadian Agent”) for the financial institutions from time to time party to the Credit Agreement described herein with a Canadian Revolving Loan Commitment (as defined in the Credit Agreement described herein) (the “Canadian Lenders”), and the Canadian Lenders party thereto (as such agreement may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement. The officer executing this Certificate is a Responsible Officer of Holdings and as such is duly authorized to execute and deliver this Certificate on behalf of Holdings and the Borrowers. By executing this Certificate, such officer hereby certifies to Agents, the Lenders and L/C Issuers,...
AGENTS AND LENDERS. 52 12.1 Agents...........................................................52 12.2 Expenses.........................................................54 12.3
AGENTS AND LENDERS. GOLDMAN SACHS CREDIT PARTNERS L.P. as Co-Syndication Agent, joxxx xxxd arranger, joint bookrunner and Lender By: ________________________________________ Authorized Signatory LA\1430179.12 JPMORGAN CHASE BANK, N.A. as Co-Syndication Agent, joint lead arranger, joint bookrunner and Lender By: _____________________________________ Name: Title: LA\1430179.12 DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, Collateral Agent, an Issuing Bank, Swing Line Lender and Lender By: _____________________________________ Name: Title: By: _____________________________________ Name: Title: LA\1430179.12 FLEET NATIONAL BANK, as an Issuing Bank and predecessor Swing Line Lender By: _____________________________________ Name: Title: LA\1430179.12 THE ROYAL BANK OF SCOTLAND, as Co-Documentation Agent and Lender By: _____________________________________ Name: Title: LA\1430179.12 GENERAL ELECTRIC CAPITAL CORPORATION, as Co-Documentation Agent and Lender By: _____________________________________ Name: Title: LA\1430179.12 [LENDER], as Lender By: _____________________________________ Name: Title: LA\1430179.12 EXHIBIT A TO SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT DATED AS OF AUGUST 9, 2004 AS AMENDED AS OF JANUARY 1, 2005 AS FURTHER AMENDED AS OF JUNE 3, 2005 AMONG BERRY PLASTICS CORPORATION, BPC HOXXXXX CORPORATION, CERTAIN SUBSIDIARIES OF BERRY PLASTICS CORPORATION AS XXXXXNTORS, VARIOUS LENDERS, GOLDMAN SACHS CREDIT PARTNERS L.P. XXD JPMORGAN CHASE BANK, N.A. AS JOINT LEAD ARRANGERS, JOINT BOOKRUNNERS AND CO-SYNDICATION AGENTS, DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, AN ISSUING BANK AND SWING LINE LENDER FLEET NATIONAL BANK AS AN ISSUING BANK AND PREDECESSOR SWING LINE LENDER, AND THE ROYAL BANK OF SCOTLAND AND GENERAL ELECTRIC CAPITAL CORPORATION, AS CO-DOCUMENTATION AGENTS ________________________________________________________ $945,000,000 SENIOR SECURED CREDIT FACILITIES ________________________________________________________ NY12526:37176.3 LA\1431665.15 TABLE OF CONTENTS Page
AGENTS AND LENDERS. 49 12.1 Agents........................................................................ 49 12.2
AGENTS AND LENDERS. FIFTH THIRD BANK, an Ohio banking corporation, and successor by merger to Fifth Third Bank, a Michigan banking corporation, as Administrative Agent, Collateral Agent and a Lender By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Vice President Consent and Amendment No. 5 to First Lien Credit and Guaranty Agreement
AGENTS AND LENDERS. ABLECO FINANCE LLC,as Collateral Agent, Administrative Agent and Lender, for itself as a Lender and on behalf of its affiliate assigns as Lenders By: /s/ XXXXX XXXXX Title: Senior Vice President XXXXX FARGO FOOTHILL, INC., as Funding Agent and Lender By: /s/ XXXX XXXXXX Title: Senior Vice President BORROWER: ATP OIL & GAS CORPORATION By: /s/ T. XXXX XXXXXXX Title: President GUARANTOR: ATP ENERGY, INC. By: /s/ T. XXXX XXXXXXX Title: President ATP OIL & GAS (UK) LIMITED By: /s/ T. XXXX XXXXXXX Title: Director
