BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:
Appears in 3 contracts
Samples: Financing Agreement (Body Central Corp), Financing Agreement (Body Central Acquisition Corp), Financing Agreement (Body Central Acquisition Corp)
BORROWERS. BODY SHOP OF AMERICAOSMOTICA PHARMACEUTICAL CORP. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer ORBIT BLOCKER I LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer ORBIT BLOCKER II LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer VALKYRIE GROUP HOLDINGS, INC.. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Third Amendment to Credit Agreement OTHER LOAN PARTIES: OSMOTICA HOLDINGS US LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer OSMOTICA HOLDINGS CORP LIMITED By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director VERTICAL/TRIGEN HOLDINGS, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer OSMOTICA PHARMACEUTICAL US LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Third Amendment to Credit Agreement VERTICAL/TRIGEN MIDCO, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer VERTICAL/TRIGEN OPCO, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer VERTICAL PHARMACEUTICALS, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer TRIGEN LABORATORIES, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Third Amendment to Credit Agreement ADMINISTRATIVE AGENT: CIT BANK, N.A., as Administrative Agent and Swingline Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Director LENDERS: CIT BANK, N.A., as a Florida corporation Lender and Joint Lead Arranger By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Director Third Amendment to Credit Agreement FIFTH THIRD BANK, as a Lender, Issuing Bank and Joint Lead Arranger By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President — Leveraged Finance Third Amendment to Credit Agreement THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND, as a Lender and Co-Syndication Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Vice President Third Amendment to Credit Agreement SILICON VALLEY BANK, as a Decreasing Lender and Joint Lead Arranger By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director Third Amendment to Credit Agreement WHITNEY BANK DBA XXXXXXX BANK, as a Lender and Co-Syndication Agent By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President Third Amendment to Credit Agreement REGIONS BANK, as a Lender and Co-Syndication Agent By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Managing Director Third Amendment to Credit Agreement CADENCE BANK, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Vice President — Healthcare Banking Third Amendment to Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx XxXxxxxxx Name: Xxxx XxXxxxxxx Title: Director Third Amendment to Credit Agreement MUTUAL OF OMAHA BANK, as a Lender By: /s/ E. Xxxxxx Xxxxxxxxx Name: E. Xxxxxx Xxxxxxxxx Title: Senior Vice President Third Amendment to Credit Agreement SANTANDER, as a Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESHead of Healthcare Banking Third Amendment to Credit Agreement ARES CENTRE STREET PARTNERSHIP, INC.L.P., as a Florida corporation Departing Lender By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Authorized Signatory Third Amendment to Credit Agreement FEDERAL INSURANCE COMPANY, as a Delaware corporation Departing Lender By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Authorized Signatory Third Amendment to Credit Agreement Sebago Lake Financing LLC, as a Departing Lender By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Authorized Signatory Third Amendment to Credit Agreement PACIFIC WESTERN BANK, as a Departing Lender By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Authorized Signatory Third Amendment to Credit Agreement MONROE CAPITAL MML CLO 2016-1, LTD., as a Departing Lender By: Monroe Capital Management LLC, as Collateral Manager and Attorney-in-fact By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Vice President Third Amendment to Credit Agreement SIEMENS FINANCIAL SERVICES, INC., as a Departing Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President and Chief Executive Officer RINZI AIRBy: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Duly Authorized Signatory Third Amendment to Credit Agreement AC AMERICAN FIXED INCOME IV, L.L.C.L.P., as a Florida limited liability company Departing Lender By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, Authorized Signatory Third Amendment to Credit Agreement ANNALY MIDDLE MARKET LENDING LLC, as Administrative Agent a Decreasing Lender By: Dymas Capital Management Company/s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director Third Amendment to Credit Agreement ARES CREDIT STRATEGIES FUND III, LLCL.P., its Manager as a Departing Lender By: /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxx Xxxxxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN Authorized Signatory Third Amendment to Credit Agreement XXX XXXX MIDDLE MARKET CREDIT FUND VI, LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Departing Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT Authorized Signatory Third Amendment to Credit Agreement ANNEX A TO WAIVER AND THIRD AMENDMENT TO FINANCING (Deletions and Insertions to Existing Credit Agreement) (attached) ANNEX B SCHEDULE 1.01(a) Commitment Schedule [Attached] CREDIT AGREEMENT Dated as of January 25February 3, 2008 DESIGNATED DEFAULTS None2016, except:as amended by the First Amendment to Credit Agreement dated as of November 10, 2016, the Second Amendment to Credit Agreement dated as of April 28, 2017 and the Third Amendment to Credit Agreement dated as of December 21, 2017 Among OSMOTICA PHARMACEUTICAL CORP., ORBIT BLOCKER I LLC, ORBIT BLOCKER II LLC and VALKYRIE GROUP HOLDINGS, INC. as the Borrowers, OSMOTICA HOLDINGS US LLC, as Holdings, THE LOAN GUARANTORS PARTY HERETO, THE FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders, CIT BANK, N.A. as Administrative Agent and Swingline Lender, FIFTH THIRD BANK as Issuing Bank, CIT BANK, N.A., PACIFIC WESTERN BANK and FIFTH THIRD BANK as Joint Bookrunners and Joint Lead Arrangers, THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND as Syndication Agent and SILICON VALLEY BANK as Documentation Agent
Appears in 2 contracts
Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)
BORROWERS. BODY SHOP OF AMERICAARCHITECTURAL GRANITE & MARBLE, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT Address: c/o Trive Capital 0000 XxXxxxxx Xxxxxx, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxx Xxxx Telecopy: LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: XXX XX GP, 2008 DESIGNATED DEFAULTS NoneLLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, except:LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus ICQ Levered Opportunities GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS FSBA LEVERED LLC By: ______________________________ Name: Title: CERBERUS SWC LEVERED II LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVI LP By: Cerberus PSERS GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVIII L.P. By: Cerberus LFGP XVIII, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ASRS FUNDING LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XXI L.P. By: Cerberus LFGP XXI, LLC Its: General Partner By: ______________________________ Name: Title: SCHEDULE 2.1 to Financing Agreement COMMITMENTS OF LENDERS1 1 Updated schedule attached to the Fifth Amendment
Appears in 2 contracts
Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)
BORROWERS. BODY SHOP OF AMERICAXXXXXXX DYNAMICS, INC., a Florida corporation L.L.C. By: /s/ Xxxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx X. Xxxx XxXxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation VP CFO XXXXXXX DYNAMICS FINANCE COMPANY By: /s/ Xxxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx X. Xxxx XxXxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.VP CFO XXXXXX, a Delaware corporation LLC By: /s/ Xxxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx X. Xxxx XxXxxxxxx Title: President and Chief Executive Officer RINZI AIRVP CFO HOLDINGS (for purposes of Section 8): XXXXXXX DYNAMICS, L.L.C., a Florida limited liability company INC. By: /s/ Xxxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx X. Xxxx XxXxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYVP CFO XXXXXX XXXXXX XX, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCXXXXXX XXXXXXX BRANCH, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx X’Xxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx X’Xxxx Title: Director By: /s/ Xxxx Ivashkov Name: Xxxx Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKWachovia Capital Finance Corporation (Central), as a Lender By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE Vice President XXXXXXXXXXXX: XXXXXX XXXXXX XX, XXXXXX XXXXXXX BRANCH, as a Administrative Agent By: /s/ Xxxxxxx X’Xxxx Name: Xxxxxxx X’Xxxx Title: Director By: /s/ Xxxx Ivashkov Name: Xxxx Ivashkov Title: Associate Exhibit A Amended Credit Agreement See attached. EXHIBIT A to Amendment No. 1 COMPOSITE CREDIT AGREEMENT (as amended by Amendment No. 1, dated as of April 16, 2010) CREDIT AND GUARANTY AGREEMENT dated as of May 21, 2007 among XXXXXXX DYNAMICS, L.L.C. XXXXXXX DYNAMICS FINANCE COMPANY XXXXXX, LLC as Borrowers XXXXXXX DYNAMICS, INC., as Guarantor, THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE SECURITIES (USA) LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Sole Bookrunner and Sole Lead Arranger, WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), as of January 25Documentation Agent, 2008 DESIGNATED DEFAULTS NoneJPMORGAN CHASE BANK, except:N.A., as Syndication Agent and Collateral Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent $60,000,000 Senior Secured Revolving Credit Facility TABLE OF CONTENTS Page
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
BORROWERS. BODY SHOP OF AMERICACSI COMPRESSCO LP, as a Borrower and Parent Borrower By: CSI COMPRESSCO GP INC., its general partner By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer CSI COMPRESSCO SUB INC., as a Borrower By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer 11 GUARANTORS CSI COMPRESSCO FINANCE INC. (F/K/A COMPRESSCO FINANCE INC.) By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer By: CSI COMPRESSCO LP (F/K/A COMPRESSCO PARTNERS, L.P.), its sole member By: CSI COMPRESSCO GP INC. (F/K/A COMPRESSCO PARTNERS GP INC.), its general partner By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer 12 CSI COMPRESSCO FIELD SERVICES INTERNATIONAL LLC (F/K/A COMPRESSCO FIELD SERVICES INTERNATIONAL, LLC), CSI COMPRESSCO INTERNATIONAL LLC (F/K/A COMPRESSCO INTERNATIONAL, LLC), CSI COMPRESSCO LEASING LLC (F/K/A COMPRESSCO LEASING, LLC), CSI COMPRESSCO HOLDINGS LLC (F/K/A COMPRESSCO HOLDINGS, LLC) By: CSI COMPRESSCO OPERATING LLC (F/K/A COMPRESSCO PARTNERS OPERATING, LLC), its sole member By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer 13 COMPRESSOR SYSTEMS, INC. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer ROTARY COMPRESSOR SYSTEMS, INC. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer CSI COMPRESSION HOLDINGS, LLC By: COMPRESSOR SYSTEMS, INC., a Florida corporation its sole manager By: /s/ /s/Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESTreasurer BANK OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCN.A., as Administrative Agent and Collateral Agent By: Dymas Capital Management Company/s/Xxxxx Lov Name: Xxxxx Lov Title: Assistant Vice President BANK OF AMERICA, LLCN.A., its Manager as a Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxxx X. Xxxxxxx /s/Xxxxx Xxxxx Name: Xxxxxx X. Xxxxxxx Xxxxx Xxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Senior Vice President JPMorgan Chase Bank, N.A., as a Lender By: Xxxxxxxxx Financial LLC/s/Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President Xxxxx Fargo Bank, N.A., as Collateral Manager a Lender By: /s/ /s/Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Assistant Vice President Royal Bank of Canada, as a Lender By: /s/Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Authorized Signatory || Credit Suisse AG, Cayman Islands Branch, as a Lender By: /s/Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory 20 Capital One, National Association, as a Lender By: /s/Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC|| Barclays Bank PLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx /s/Xxxx Xxxxxx Name: NewStar Financial Xxxx Xxxxxx Title: Managing Director NEWSTAR LLC 2005-1Assistant Vice President 22 Xxxxxxx Xxxxx Bank, N.A., as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. /s/Xxxxx Xxxxxxxxx X. Xxxxxxx Name: NewStar Financial Xxxxx X. Xxxxxxx Title: Managing Director A3 FUNDING LPSenior Vice President BOKF, N.A. d/b/a Bank of Oklahoma, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx /s/Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPCIT Bank, N.A., as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx /s/Xxxxxxx XxXxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx XxXxxx Title: Vice President ABLECO FINANCE LLCDirector Texas Capital Bank, N.A., as a Lender By: /s/ Alexander J, Xxxxxxxx /s/Xxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxxxx Title: Senior Vice President NATIONAL CITY BANK26 Annex A Schedule 2.01 Commitments and Applicable Percentages Name of Lender Commitment Applicable Percentage Bank of America, N.A. $45,475,000 13.375% Xxxxx Fargo Bank, N.A. $37,400,000 11.000% JPMorgan Chase Bank, N.A. $37,400,000 11.000% Barclays Bank PLC $37,400,000 11.000% Royal Bank of Canada $37,400,000 11.000% Credit Suisse AG, CaymanIslands Branch $33,150,000 9.750% Capital One, National Association $33,150,000 9.750% Xxxxxxx Xxxxx Bank, N.A. $25,500,000 7.500% BOKF, N.A. d/b/a Bank ofOklahoma $21,250,000 6.250% CIT Bank, N.A. $21,250,000 6.250% Texas Capital Bank, N.A. $10,625,000 3.125% Total $340,000,000 100% 27 Annex B EXHIBIT D FORM OF COMPLIANCE CERTIFICATE Financial Statement Date: [•] To: Bank of America, N.A., as a Lender ByAdministrative Agent Agency Management 000 Xxxxx XxXxxxx Xxxxxx Mail Code: /s/ Xxxxxxxx IL4-135-09-61 Xxxxxxx, XX 00000 Attention: Xxxxx NameLov, Agency Officer Tel: Xxxxxxxx Xxxxx Title000-000-0000 Fax: Portfolio Manager CAPITALSOURCE FINANCE LLC000-000-0000 Email: xxxxx.x.xxx@xxxx.xxx Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of August 4, 2014 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined), among CSI COMPRESSCO LP (F/K/A COMPRESSCO PARTNERS, L.P.) (“Compressco LP” or “Parent Borrower”) and CSI COMPRESSCO SUB INC. (F/K/A COMPRESSCO PARTNERS SUB, INC.) (“Sub Inc.”) (collectively, Compressco LP and Sub Inc., the “Borrowers”), BANK OF AMERICA, N.A., as a administrative agent and collateral agent (the “Administrative Agent”), each Lender By: Name: Title: EXHIBIT from time to time party thereto and the other Persons party thereto. I, the undersigned Responsible Officer of CSI COMPRESSCO GP INC. (F/K/A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated COMPRESSCO PARTNERS GP INC.) (the “General Partner”), the general partner of Compressco LP, hereby certify, solely in my capacity as an officer of the General Partner and not in an individual capacity, as of January 25the date hereof, 2008 DESIGNATED DEFAULTS Nonethat I am the of the General Partner, except:and that, as such, I am authorized to execute and deliver this Compliance Certificate (this “Certificate”) to the Administrative Agent on behalf of the General Partner in its capacity as the general partner of the Parent Borrower, and that: [Use following paragraph 1 for fiscal year-end financial statements.]
Appears in 2 contracts
Samples: Credit Agreement (CSI Compressco LP), Credit Agreement (Tetra Technologies Inc)
BORROWERS. BODY SHOP OF AMERICAAMERICAN TIRE DISTRIBUTORS, INC., as a Florida corporation U.S. Borrower By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. J. Xxxxxxx Xxxxxxx Name: Xxxxxx X. J. Xxxxxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDExecutive Vice President and General Counsel AM-PAC TIRE DIST. INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager U.S. Borrower By: /s/ Xxxxxxxxxxx Xxx J. Xxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx J. Xxxxxxx Xxxxxxx Title: Vice President A4 FUNDING LPand Secretary TRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC., as a Lender By: A4 Fund Management, Inc., its General Partner Canadian Borrower By: /s/ Alexander J, Xxxxxxxx J. Xxxxxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx J. Xxxxxxx Xxxxxxx Title: Vice President ABLECO FINANCE LLCand Secretary Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) GUARANTORS: AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC. By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Executive Vice President and General Counsel TIRE WHOLESALERS, INC. By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Vice President and Secretary Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) AGENT AND LENDERS: BANK OF AMERICA, N.A., as Agent, a U.S. Revolving Lender and a Tranche B Lender By: /s/ Alexander J, Xxxxxxxx Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK OF AMERICA, N.A., (acting through its Canada branch), as a Canadian Revolving Lender and a Tranche C Lender By: /s/ Xxxxxx Sales Xx Xxxxxxx Name: Xxxxxx Sales Xx Xxxxxxx Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) XXXXX FARGO CAPITAL FINANCE, LLC, as a U.S. Revolving Lender and a Tranche B Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Duly Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) XXXXX FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Revolving Lender and a Tranche C Lender By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) BARCLAYS BANK PLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ROYAL BANK OF CANADA, as a U.S. Revolving Lender By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ROYAL BANK OF CANADA, as a Canadian Revolving Lender By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) UBS AG, STAMFORD BRANCH, as a U.S. Revolving Lender and a Canadian Revolving Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director Banking Products Services, US By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Associate Director Banking Product Services, US Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) RBS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a U.S. Revolving Lender, a Canadian Revolving Lender, a Tranche B Lender, and a Tranche C Lender By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) SUNTRUST BANK, as a U.S. Revolving Lender, a Canadian Revolving Lender, a Tranche B Lender, and a Tranche C Lender By: /s/ Xxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxxxxxx Xxxxxxx X Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) TD BANK, N.A., as a U.S. Revolving Lender and a Tranche B Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: EXHIBIT A TO WAIVER Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) THE TORONTO-DOMINION BANK, as a Canadian Revolving Lender and a Tranche C Lender By: /s/ Xxxxxxx Xx /s/ Xxxxx Xxxx Name: Xxxxxxx Xx Xxxxx Xxxx Title: Analyst Vice-President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) U.S. BANK NATIONAL ASSOCIATION, as a U.S. Revolving Lender and a Tranche B Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) U.S. BANK NATIONAL ASSOCIATION, Canada branch, as a Canadian Revolving Lender and a Tranche C Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Principal Officer Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) REGIONS BANK, as a U.S. Revolving Lender and a Tranche B Lender By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: VP Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) Annex 1 Modified Credit Agreement (See attached.) SIXTH AMENDED AND THIRD AMENDMENT TO FINANCING RESTATED CREDIT AGREEMENT Dated as of November 30, 2012, as amended by the First Amendment, dated as of March 21, 2013, and as amended by the Second Amendment, dated as of January 2531, 2008 DESIGNATED DEFAULTS None2014 among THE FINANCIAL INSTITUTIONS PARTY HERETO, except:as the Lenders, and BANK OF AMERICA, N.A., as the Administrative Agent and Collateral Agent, and AMERICAN TIRE DISTRIBUTORS, INC. and the other U.S. Borrowers referred to herein from time to time party hereto, as the U.S. Borrowers, and TRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC. and the other Canadian Borrowers from time to time party hereto as Canadian Borrowers, and AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as Holdings and The Subsidiaries of American Tire Distributors, Inc. from time to time parties hereto XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, XXXXX FARGO CAPITAL FINANCE, LLC, and SUNTRUST XXXXXXXX XXXXXXXX, INC., as the Joint-Lead Arrangers and Joint Book Managers, and XXXXX FARGO CAPITAL FINANCE, LLC and SUNTRUST BANK, as Syndication Agents TABLE OF CONTENTS Page
Appears in 2 contracts
Samples: Credit Agreement (ATD Corp), Credit Agreement (ATD Corp)
BORROWERS. BODY SHOP OF AMERICAPRAIRIE ECI ACQUIROR LP, INC.as Borrower By: BIP Holdings Manager L.L.C., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESSenior Managing Director PRAIRIE VCOC ACQUIROR LP, INC.as Borrower By BIP Holdings Manager L.L.C., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Chief Executive Officer GUARANTORSSenior Managing Director PRAIRIE NON-ECI ACQUIROR LP, as Borrower By: BODY CENTRAL ACQUISITION CORP.BIP Holdings Manager L.L.C., a Delaware corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: President and Chief Executive Officer RINZI AIRSenior Managing Director [Credit Agreement Signature Page] GUARANTORS: PRAIRIE GP ACQUIROR LLC, as Subsidiary Guarantor By: Prairie Non-ECI Acquiror LP, its sole member By: BIP Holdings Manager L.L.C., a Florida limited liability company its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTSenior Managing Director PRAIRIE ECI ACQUIROR HOLDCO LP, as Parent Guarantor By: DYMAS FUNDING COMPANYBIP Holdings Manager L.L.C., LLCits general partner By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Managing Director PRAIRIE VCOC ACQUIROR HOLDCO LP, as Parent Guarantor By: BIP Holdings Manager L.L.C., its general partner By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Managing Director PRAIRIE NON-ECI ACQUIROR HOLDCO LP, as Parent Guarantor By: BIP Holdings Manager L.L.C., its general partner By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Managing Director PARENT PLEDGOR: BIP HOLDINGS MANAGER L.L.C., as Parent Pledgor By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Managing Director [Credit Agreement Signature Page] CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent, Collateral Agent By: Dymas Capital Management Company, LLC, its Manager and a Lender By: /s/ Xxxxx Xxxxxx X. Name: Xxxxx Xxxxxx Title: Authorized Signatory By: /s/ Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN Authorized Signatory [Credit Agreement Signature Page] MIRAE ASSET DAEWOO CO., LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Ungkee Cho Name: Xxxxxxxxxxx Xxx Ungkee Cho Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Chief Executive Officer/Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Chairman
Appears in 2 contracts
Samples: Credit Agreement (GIC Private LTD), Credit Agreement (Blackstone Holdings III L.P.)
BORROWERS. BODY SHOP OF AMERICAAPEX GLOBAL BRANDS, INC.. (f/k/a Cherokee Inc.), a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL XXXXX ACQUISITION CORP.COMPANY B.V., a Delaware corporation as Dutch Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender A By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Director B GUARANTORS: CHEROKEE INC. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO SPELL C. LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO CHEROKEE BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HAWK 900 BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO EDCA LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FFS HOLDINGS, LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FLIP FLOP SHOES FRANCHISE COMPANY, LLC By: FFS HOLDINGS, LLC, as a Lender its sole member By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: EXHIBIT A TO WAIVER CEO HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS PLC By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS UK LIMITED By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC NEDERLAND B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO COLLATERAL AGENT AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25ADMINISTRATIVE AGENT: XXXXXX XXXXXXXX FINANCE COMPANY By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: XXXXXX XXXXXXXX FINANCE COMPANY, 2008 DESIGNATED DEFAULTS NoneLLC By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXXX XXXXXXXX BRANDS, except:LLC By: /s/ Xxxxxxxx X. Parent Name: Xxxxxxxx X. Parent Title: VP, Asst. Secretary
Appears in 2 contracts
Samples: Financing Agreement (Apex Global Brands Inc.), Financing Agreement (Apex Global Brands Inc.)
BORROWERS. BODY SHOP OF AMERICAXXXXXX, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDSenior Vice President & Chief Financial Officer GEAR PRODUCTS, INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager an Oklahoma corporation By: /s/ Xxxxxxxxxxx Xxx Xxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxxxx X. Xxxxxxxx Xxxxxxx Title: Vice President A4 FUNDING LP& Chief Financial Officer OMARK PROPERTIES, as a Lender By: A4 Fund ManagementINC., Inc., its General Partner an Oregon corporation By: /s/ Alexander J, Xxxxxxxx Xxxxxx X. Xxxxxxx Name: Xxxxxxxxx Xxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Title: Senior Vice President NATIONAL CITY BANK& Chief Financial Officer WINDSOR FORESTRY TOOLS LLC, a Tennessee limited liability company By: Xxxxxx, Inc., its sole member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President & Chief Financial Officer AGENT AND LENDERS: GENERAL ELECTRIC CAPITAL CORPORATION, as a Agent and Lender By: /s/ Xxxxxxxx Xxxxx Xxxxxx X. Xxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx X. Xxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDuly Authorized Signatory The following Persons are signatories to this Agreement in their capacity as Credit Parties and not as Borrowers. CREDIT PARTIES: XXXXXX INTERNATIONAL, as INC., a Lender Delaware corporation By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: EXHIBIT Senior Vice President & Chief Financial Officer BI, L.L.C., a Delaware limited liability company By: Xxxxxx, Inc., its managing member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President & Chief Financial Officer 4520 CORP., INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President & Chief Financial Officer ANNEX A (RECITALS) TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:CREDIT AGREEMENT
Appears in 2 contracts
Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)
BORROWERS. BODY SHOP OF AMERICANEWEGG COMMERCE, INC., a Florida corporation British Virgin Islands business company incorporated with limited liability By: /s/ Xxxxxx X. Xxxxxxx Xxxx Name: Xxxxxx X. Xxxxxxx Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx TitleTitle : Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPNEWEGG INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxxx Xxxx Name: Xxxxxx X. Xxxxxxx Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C.NEWEGG NORTH AMERICA INC., a Florida limited liability company Delaware corporation By: /s/ Xxxxxx X. Xxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxx X. Xxxx Yueh-Pai “Xxxxxx” Xxxxx Title: President and Chief Executive Financial Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYXXXXXX.XXX AMERICAS INC., LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager a Delaware corporation By: /s/ Xxxxxx X. Xxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxx X. Xxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDChief Financial Officer NEWEGG CANADA INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager an Ontario corporation By: /s/ Xxxxxxxxxxx Xxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxxxxxxx Xxx Yueh-Pai “Xxxxxx” Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCChief Financial Officer Signature Page to Revolving Credit Note - EWB XXXXXXX ASSOCIATE, as INC., a Lender By: NewStar Financial, Inc., its Designated Manager California corporation By: /s/ P. Yueh-Pai “Xxxxxx” Xxxxx Xxxxxxxxx Name: NewStar Financial Yueh-Pai “Xxxxxx” Xxxxx Title: Managing Director NEWSTAR LLC 2005-1Chief Financial Officer ROSEWILL INC., as a Lender By: NewStar Financial, Inc., its Sole Member Delaware corporation By: /s/ P. Yueh-Pai “Xxxxxx” Xxxxx Xxxxxxxxx Name: NewStar Yueh-Pai “Xxxxxx” Xxxxx Title : Chief Financial Title: Managing Director A3 FUNDING LPOfficer NEWEGG BUSINESS INC., as a Lender By: A3 Fund Management LLC, its General Partner Delaware corporation By: /s/ Alexander J, Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx TitleYueh-Pai “Xxxxxx” Xxxxx Title : Vice President A4 FUNDING LPChief Financial Officer OZZO INC., as a Lender By: A4 Fund Management, Inc., its General Partner Delaware corporation By: /s/ Alexander J, Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Title: Vice President ABLECO FINANCE LLCChief Financial Officer NEWEGG STAFFING INC., as a Lender Delaware corporation By: /s/ Alexander J, Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Title: Senior Vice President NATIONAL CITY BANKChief Financial Officer Signature Page to Revolving Credit Note - EWB INOPC, as a Lender INC., an Indiana corporation By: /s/ Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Name: Xxxxxxxx Yueh-Pai “Xxxxxx” Xxxxx Title : Chief Financial Officer CAOPC, INC., a California corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title : Chief Financial Officer NJOPC, INC., a New Jersey corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCChief Financial Officer NEWEGG LOGISTICS SERVICES INC., as a Lender Delaware corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25Chief Financial Officer NEWEGG FACILITY SOLUTIONS, 2008 DESIGNATED DEFAULTS NoneINC., except:a Delaware corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title: Chief Financial Officer NEWEGG TEXAS, INC., a Texas corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title: Chief Financial Officer NUTREND AUTOMOTIVE INC., a Delaware corporation By: /s/ Yueh-Pai “Xxxxxx” Xxxxx Name: Yueh-Pai “Xxxxxx” Xxxxx Title: Chief Financial Officer
Appears in 1 contract
Samples: Newegg Commerce, Inc.
BORROWERS. BODY SHOP OF AMERICAKBR, INC., a Florida corporation Delaware corporation, as KBR and a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESVice President, INC.Finance & Treasurer XXXXXXX XXXXX & ROOT LLC, a Florida corporation Delaware limited liability company, as a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Vice President, Finance & Treasurer KBR ENGINEERING COMPANY, LLC, a Delaware corporation limited liability company, as a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: President and Chief Executive Officer RINZI AIRVice President, L.L.C.Finance & Treasurer KBR SERVICES, LLC, a Florida Delaware limited liability company company, as a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTVice President, Finance & Treasurer KBR, Inc. Signature Pages KBR WYLE SERVICES, LLC, a Delaware limited liability company, as a Borrower By: DYMAS FUNDING /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President, Finance & Treasurer KBR CONSTRUCTION COMPANY, LLC, a Delaware limited liability company, as a Borrower By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President, Finance & Treasurer KBR GROUP HOLDINGS, LLC, a Delaware limited liability company, as a Borrower By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President, Finance & Treasurer XXXXXXX XXXXX & ROOT PTY LTD., an Australian limited company, as a Borrower By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President, Finance & Treasurer KBR, Inc. Signature Pages BANK OF AMERICA, N.A., as Administrative Agent By: Dymas Capital Management Company/s/ Anthea Del Xxxxxx Name: Anthea Del Xxxxxx Title: Vice President KBR, LLCInc. BANK OF AMERICA, its Manager N.A., as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx Xxxxx Title: Director KBR, Inc. BBVA USA, as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Director BNP PARIBAS, as a Lender By: /s/ Pierre-Xxxxxxxx Xxxxxx Name: Pierre-Xxxxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERSCITIBANK N.A., as a Lender and an L/C Issuer By: XXXXXXXXX FINANCIAL CAYMAN /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President CITIZENS BANK, N.A. (as successor by merger to CITIZENS BANK OF PENSYLVANNIA), as a Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Director KBR, Inc. HSBC BANK USA, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President MUFG BANK, LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxx X. Xxxx Name: Xxxxxxxxxxx Xxx Xxxxx X. Xxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCMUFG UNION BANK, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCN.A., as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxx X. Xxxx Name: Xxxxxxxxx Xxxxx X. Xxxxxxxx Xxxx Title: Senior Vice President NATIONAL CITY Director REGIONS BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector RIYAD BANK, HOUSTON AGENCY, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated General Manager By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President, Administrative Officer KBR, Inc. Signature Pages STANDARD CHARTERED BANK, as of January 25a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Associate Director SUMITOMO MITSUI BANKING CORPORATION, 2008 DESIGNATED DEFAULTS Noneas a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director THE BANK OF NOVA SCOTIA, except:HOUSTON BRANCH, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director TRUIST BANK, as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President UNITED BANK, as a Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: SVP WOODFOREST NATIONAL BANK, as a Lender By: /s/ Xxxxxxxxx Xxxxxxxx Name: Xxxxxxxxx Xxxxxxxx Title: Senior Vice President KBR, Inc. Signature Pages
Appears in 1 contract
Samples: Credit Agreement (Kbr, Inc.)
BORROWERS. BODY SHOP OF AMERICACSI COMPRESSCO LP, as a Borrower and Parent Borrower By: CSI COMPRESSCO GP INC., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, Treasurer CSI COMPRESSCO SUB INC., as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPTreasurer GUARANTORS CSI COMPRESSCO FINANCE INC. (F/K/A COMPRESSCO FINANCE INC., a Delaware corporation ) By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer RINZI AIRTreasurer CSI COMPRESSCO OPERATING LLC (F/K/A COMPRESSCO PARTNERS OPERATING, L.L.C., a Florida limited liability company LLC) By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYTreasurer COMPRESSOR SYSTEMS, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager INC. By: /s/ Xxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxx X. Xxxxxxx Xxxxx Title: Managing Director LENDERSTreasurer CSI COMPRESSCO FIELD SERVICES INTERNATIONAL LLC (F/K/A COMPRESSCO FIELD SERVICES INTERNATIONAL, LLC), CSI COMPRESSCO INTERNATIONAL LLC (F/K/A COMPRESSCO INTERNATIONAL, LLC), CSI COMPRESSCO LEASING LLC (F/K/A COMPRESSCO LEASING, LLC), CSI COMPRESSCO HOLDINGS LLC (F/K/A COMPRESSCO HOLDINGS, LLC) By: XXXXXXXXX FINANCIAL CAYMAN LTDCSI COMPRESSCO OPERATING LLC (F/K/A COMPRESSCO PARTNERS OPERATING, LLC), its sole member By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer ROTARY COMPRESSOR SYSTEMS, INC. By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer CSI COMPRESSION HOLDINGS, LLC By: COMPRESSOR SYSTEMS, INC., its sole manager By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent By: /s/ Xxxxx Lov Name: Xxxxx Lov Title: Assistant Vice President BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxx Xxxxx Name: Xxxxxxxxxxx Xxx Xxxxx Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCJPMorgan Chase Bank, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCN.A., as a Lender By: /s/ Alexander J, Xxxxxxxx J. Xxxxx Xxxx Name: Xxxxxxxxx X. Xxxxxxxx J. Xxxxx Xxxx Title: Senior Vice President NATIONAL CITY BANKAuthorized Officer Banc of America Credit Products, Inc., as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxx Name: Xxxxxxxx Xxxxx Xxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCAuthorized Signatory Capital One, National Association, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Vice President Barclays Bank PLC, as a Lender By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Assistant Vice President BOKF, NA dba Bank of January 25Oklahoma, 2008 DESIGNATED DEFAULTS Noneas a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CIT Bank, except:N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Texas Capital Bank, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Annex A
Appears in 1 contract
Samples: Credit Agreement (CSI Compressco LP)
BORROWERS. BODY SHOP OF AMERICAROCKY BRANDS, INC., a Florida corporation By: /s/ . By:/s/ Xxxxx Xxxxxx X. Xxxx Name: Xxxxx Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESLIFESTYLE FOOTWEAR, INC., a Florida corporation By: /s/ . By:/s/ Xxxxx Xxxxxx X. Xxxx Name: Xxxxx Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIRROCKY BRANDS US, L.L.C., a Florida limited liability company By: /s/ LLC By:/s/ Xxxxx Xxxxxx X. Xxxx Name: Xxxxx Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTLEHIGH OUTFITTERS, LLC By:/s/ Xxxxx Xxxxxx Name: DYMAS FUNDING COMPANYXxxxx Xxxxxx Title: President and Chief Executive Officer ROCKY OUTDOOR GEAR STORE, LLC By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: President and Chief Executive Officer US FOOTWEAR HOLDINGS LLC By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: President and Chief Executive Officer AGENT AND LENDERS: TCW ASSET MANAGEMENT COMPANY LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxx Name: Xxxxxxx Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender WEST VIRGINIA DIRECT LENDING LLC By: Xxxxxxxxx Financial TCW Asset Management Company LLC, as its Investment Advisor By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director TCW SKYLINE LENDING L.P. By: TCW Asset Management Company LLC, its Investment Advisor By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director TCW BRAZOS FUND LLC By: TCW Asset Management Company LLC, its Investment Advisor By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director TCW DL VII FINANCING LLC By: TCW Asset Management Company LLC, its Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING TCW DIRECT LENDING STRUCTURED SOLUTIONS 2019 LLC By: TCW Asset Management Company LLC, as a Lender By: NewStar Financial, Inc., its Designated Investment Manager By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Name: NewStar Financial Xxxxxxx Xxxxxx Title: Managing Director NEWSTAR LLC 2005-1, as a Lender U.S. SPECIALTY INSURANCE COMPANY By: NewStar Financial, Inc.TCW Asset Management Company LLC, its Sole Member Investment Manager and Attorney-in-Fact By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Name: NewStar Financial Xxxxxxx Xxxxxx Title: Managing Director A3 FUNDING LP, as a Lender TMD DL HOLDINGS LLC By: A3 Fund TCW Asset Management Company LLC, its General Partner Investment Manager and Attorney-in-Fact By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Vice President A4 FUNDING LP, as a Lender Managing Director SAFETY NATIONAL CASUALTY CORP By: A4 Fund Management, Inc.TCW Asset Management Company LLC, its General Partner Investment Manager and Attorney-in-Fact By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Vice President ABLECO FINANCE Managing Director RELIANCE STANDARD LIFE INSURANCE COMPANY By: TCW Asset Management Company LLC, as a Lender its Investment Manager and Attorney-in-Fact By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKManaging Director PHILADELPHIA INDEMNITY INSURANCE COMPANY By: TCW Asset Management Company LLC, as a Lender its Investment Manager and Attorney-in-Fact By: /s/ Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Managing Director
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICASTARWOOD PROPERTY MORTGAGE SUB-10, INC., a Florida corporation L.L.C. By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXX Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESAuthorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10-A, INC., a Florida corporation L.L.C. By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXX Name: Xxxxxx X. Xxxx Xxxxxx Title: Chief Executive Officer Authorized Signatory GUARANTORS: BODY CENTRAL ACQUISITION CORP.STARWOOD PROPERTY TRUST, a Delaware corporation INC. By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXX Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Officer RINZI AIRAuthorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10 HOLDCO, L.L.C., a Florida limited liability company L.L.C. By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXX Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTAuthorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10-A HOLDCO, L.L.C. By: DYMAS FUNDING COMPANY/s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory SPT ACQUISITIONS HOLDCO, LLCLLC By: /s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory SPT ACQUISITIONS SUB-1, LLC By: /s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory SPT ACQUISITIONS SUB-1-A, LLC By: /s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A., as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx XXXXXX X. Xxxxxxx XXXXX Name: Xxxxxx X. Xxxxxxx Xxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Vice President ***, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx *** Name: Xxxxxxxxxxx Xxx *** Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC*** ***, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx *** Name: NewStar Financial *** Title: Managing Director NEWSTAR LLC 2005-1*** ***, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx *** Name: NewStar Financial *** Title: Managing Director A3 FUNDING LP*** ***, as a Lender By: A3 Fund Management LLC, its General Partner *** Name: *** Title: *** By: /s/ Alexander J, Xxxxxxxx *** Name: Xxxxxxxxx X. Xxxxxxxx *** Title: Vice President A4 FUNDING LP*** ***, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx *** Name: Xxxxxxxxx X. Xxxxxxxx *** Title: Vice President ABLECO FINANCE LLC*** ***, as a Lender By: /s/ Alexander J, Xxxxxxxx *** Name: Xxxxxxxxx X. Xxxxxxxx *** Title: Senior Vice President NATIONAL CITY BANK*** ***, as a Lender By: /s/ Xxxxxxxx Xxxxx *** Name: Xxxxxxxx Xxxxx *** Title: Portfolio Manager CAPITALSOURCE FINANCE *** By: *** Name: *** Title: *** PAGE ONE TO START SCHEDULE 2.01 Commitments and Applicable Percentages Lender Commitment Applicable Percentage *** $60,000,000 20.000000000% *** $40,000,000 13.333333333% *** $40,000,000 13.333333333% *** $40,000,000 13.333333333% *** $40,000,000 13.333333333% *** $40,000,000 13.333333333% *** $40,000,000 13.333333333% TOTAL $300,000,000 100% SCHEDULE 5.12(d) Pension Plans None. SCHEDULE 5.13 Loan Parties Starwood Property Trust, Inc., a Maryland corporation Starwood Property Mortgage Sub-10, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10-A, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10 HoldCo, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10-A HoldCo, L.L.C., a Delaware limited liability company SPT Acquisitions Holdco, LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Delaware limited liability company SPT Acquisitions Sub-1, LLC, a Delaware limited liability company SPT Acquisitions Sub-1A, LLC, a Delaware limited liability company The principal place of January 25business of each Loan Party is located at 000 Xxxx Xxxxxx Xxxxxx, 2008 DESIGNATED DEFAULTS NoneGreenwich, except:Connecticut 06830. SCHEDULE 7.08 Transactions with Affiliates
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BORROWERS. BODY SHOP OF AMERICAXXXXXXXX-XXXX CONCRETE PUMPING HOLDINGS INC (FORMERLY KNOWN AS CONCRETE PUMPING HOLDINGS, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, . AND AS SUCCESSOR BY MERGER TO CONCRETE PUMPING MERGER SUB INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.), a Delaware corporation By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Financial Officer RINZI AIRXXXXXXXX-XXXX CONCRETE PUMPING, L.L.C.INC., a Florida Colorado corporation By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer ECO-PAN, INC., a Colorado corporation By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CAPITAL PUMPING, LP, a Texas limited partnership By: CPH Acquisition, LLC, a Delaware limited liability company and its general partner By: Xxxxxxxx-Xxxx Concrete Pumping, Inc., a Colorado corporation and its managing member By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer BORROWERS (CONT’D): CAMFAUD CONCRETE PUMPS LIMITED, a private limited company incorporated and registered under the laws of England and Wales with Company Number 02635232 By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer PREMIER CONCRETE PUMPING LIMITED, a private limited company incorporated and registered under the laws of England and Wales with Company Number 01714938 By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer GUARANTORS: CONCRETE PUMPING PROPERTY HOLDINGS, LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CPH ACQUISITION, LLC, a Delaware limited liability company By: Xxxxxxxx-Xxxx Concrete Pumping, Inc., a Colorado corporation and its managing member By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Financial Officer ADMINISTRATIVE AGENTASC EQUIPMENT, LP, a Texas limited partnership By: DYMAS FUNDING COMPANYCPH Acquisition, LLC, as Administrative Agent a Delaware limited liability company and its general partner By: Dymas Capital Management CompanyXxxxxxxx-Xxxx Concrete Pumping, LLCInc., a Colorado corporation and its Manager managing member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxx Xxxxxxxxx Name: NewStar Financial Xxxx Xxxxxxxxx Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Chief Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Officer
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAXXXXXXXX-XXXX CONCRETE PUMPING HOLDINGS INC (FORMERLY KNOWN AS CONCRETE PUMPING HOLDINGS, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, . AND AS SUCCESSOR BY MERGER TO CONCRETE PUMPING MERGER SUB INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.), a Delaware corporation By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: Chief Financial Officer XXXXXXXX-XXXX CONCRETE PUMPING, INC., a Colorado corporation By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer ECO-PAN, INC., a Colorado corporation By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CAPITAL PUMPING, LP, a Texas limited partnership By: CPH Acquisition, LLC, a Delaware limited liability company and its general partner By: Xxxxxxxx-Xxxx Concrete Pumping, Inc., a Colorado corporation and its managing member By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer BORROWERS (CONT’D): CAMFAUD CONCRETE PUMPS LIMITED, a private limited company incorporated and registered under the laws of England and Wales with Company Number 02635232 By: /s/ Xxxxx Xxxxxxx Faud Name: Xxxxx Xxxxxxx Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C.Director PREMIER CONCRETE PUMPING LIMITED, a Florida private limited company incorporated and registered under the laws of England and Wales with Company Number 01714938 By: /s/ Xxxxx Xxxxxxx Faud Name: Xxxxx Xxxxxxx Xxxx Title: Director GUARANTORS: CONCRETE PUMPING PROPERTY HOLDINGS, LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer INDUSTREA ACQUISITION CORP. By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CONCRETE PUMPING INTERMEDIATE ACQUISITION CORP. By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CONCRETE PUMPING INTERMEDIATE HOLDINGS, LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CONCRETE PUMPING PROPERTY HOLDINGS, LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer CPH ACQUISITION, LLC, a Delaware limited liability company By: Xxxxxxxx-Xxxx Concrete Pumping, Inc., a Colorado corporation and its managing member By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Financial Officer ADMINISTRATIVE AGENTASC EQUIPMENT, LP, a Texas limited partnership By: DYMAS FUNDING COMPANYCPH Acquisition, LLC, as Administrative Agent a Delaware limited liability company and its general partner By: Dymas Capital Management CompanyXxxxxxxx-Xxxx Concrete Pumping, LLCInc., a Colorado corporation and its Manager managing member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxx Xxxxxxxxx Name: NewStar Financial Xxxx Xxxxxxxxx Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Chief Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Officer
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BORROWERS. BODY SHOP OF AMERICANEWPARK RESOURCES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESDURA-BASE NEVADA, INC., a Florida corporation EXCALIBAR MINERALS INC., EXCALIBUR MINERALS OF LA., L.L.C., NEWPARK DRILLING FLUIDS, LLC, NEWPARK ENVIRONMENTAL SERVICES, L.L.C., NEWPARK ENVIRONMENTAL MANAGEMENT COMPANY, L.L.C., NEWPARK HOLDINGS, INC., NEWPARK TEXAS, L.L.C., NEWPARK DRILLING FLUIDS LABORATORY, INC., SOLOCO, L.L.C., SUPREME CONTRACTORS, L.L.C., COMPOSITE MAT SOLUTIONS L.L.C., NEWPARK ENVIRONMENTAL WATER SOLUTIONS LLC, and NEWPARK WATER TECHNOLOGY PARTNERS LLC By: /s/ Xxxxxx Jxxx X. Xxxx NameXxxxxxxx Jxxx X. Xxxxxxxx Treasurer BXXXXX MILL, L.P., NES PERMIAN BASIN, L.P., NEWPARK ENVIRONMENTAL SERVICES OF TEXAS, L.P., NID, L.P., and SOLOCO TEXAS, L.P. By: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Newpark Holdings, a Delaware corporation Inc., the general partner of such entity By: /s/ Xxxxxx Jxxx X. Xxxx Name: Xxxxxx Xxxxxxxx Jxxx X. Xxxx Title: President Xxxxxxxx Treasurer Fifth Amendment to amended and Chief Executive Officer RINZI AIRRestated Credit Agreement OLS CONSULTING SERVICES, L.L.C., a Florida limited liability company INC. By: /s/ Xxxxxx Jxxx X. Xxxx Name: Xxxxxx Xxxxxxxx Jxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING Xxxxxxxx Treasurer THE LOMA COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager L.L.C. By: /s/ Xxxxxx Jxxx X. Xxxxxxx NameXxxxxxxx Jxxx X. Xxxxxxxx Treasurer LOAN PARTIES: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDMALLARD & MALLARD OF LA., as a Lender By: Xxxxxxxxx Financial LLCINC., as Collateral Manager and SHAMROCK DRILLING FLUIDS, INC. By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCJxxx X. Xxxxxxxx Jxxx X. Xxxxxxxx Treasurer NEWPARK ENVIRONMENTAL SERVICES MISSISSIPPI, as a Lender L.P. By: NewStar FinancialNewpark Holdings, Inc., its Designated Manager general partner By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Jxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Jxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Treasurer Fifth Amendment to amended and Restated Credit Agreement
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICACALUMET SPECIALTY PRODUCTS PARTNERS, INC.L.P.,as a BorrowerBy: Calumet GP, LLC, its general partnerBy: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx GriffinTitle: Executive Vice President and Chief Financial Officer CALUMET LP GP, LLC,as a Florida corporation BorrowerBy: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Executive Financial Officer CATALOGUE VENTURESCALUMET OPERATING, INC.LLC,as a BorrowerBy: Calumet Specialty Products Partners, a Florida corporation L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPCALUMET LUBRICANTS CO., LIMITEDPARTNERSHIP, as a Delaware corporation Borrower By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Executive Financial Officer RINZI AIRCALUMET SHREVEPORT LUBRICANTS & WAXES, L.L.C.LLC,as a BorrowerBy: Calumet Lubricants Co., a Florida limited liability company Limited Partnership,its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET SHREVEPORT FUELS, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENTCALUMET INTERNATIONAL, INC. (formerly known as Calumet Sales Company Incorporated),as a BorrowerBy: DYMAS FUNDING /s/ Xxxx X. Xxxxx Name: Xxxx X. KrutzTitle: Vice President-Finance and Treasurer CALUMET PENRECO, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET FINANCE CORP.,as a BorrowerBy: /s/ Xxxx X. Xxxxx Name: Xxxx X. KrutzTitle: Vice President-Finance and Treasurer CALUMET SUPERIOR, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET MISSOURI, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET PACKAGING, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer ROYAL PURPLE, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET MONTANA REFINING, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET SAN ANTONIO REFINING, LLC,as a BorrowerBy: Calumet Shreveport Fuels, LLC, its sole member By: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer BEL-RAY COMPANY, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer ANCHOR DRILLING FLUIDS USA, LLC,as a Borrower By: ADF Holdings, LLC, its sole member By: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer CALUMET NORTH DAKOTA, LLC,as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., sole member By: Calumet GP, LLC, its general partner By: /s/ X. Xxxx Xxxxxxx Name: X. Xxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer KURLIN COMPANY, LLC, as Administrative Agent a Borrower By: Dymas Capital Management Bel-Ray Company, LLC, its Manager sole member By: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Managing Director Executive Vice President and Chief Financial Officer AGENT AND LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.BANK OF AMERICA, N.A.,as Agent, a Lender and an Issuing BankBy: /s/ Xxxxx XxxXxxxx Name: Xxxxx VanBeberTitle: Senior Vice President XXXXX FARGO BANK, NATIONALASSOCIATION, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORTCo-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as Syndication agent and a Lender By: /s/ Alexander J, Xxxx Xxxxxxxx Name: Xxxxxxxxx Xxxx BradfordTitle: Duly Authorized Signatory JPMORGAN CHASE BANK, N.A.,as Co-Syndication Agent and a LenderBy: /s/ Xxxxxxx X. Xxxxxxxx Xxxx Name: Xxxxxxx L WestTitle: Authorized Officer DEUTSCHE BANK TRUST COMPANY AMERICAS, as a LenderBy: /s/ Xxxxx Xxxxxxx Name: Xxxxx ChapmanTitle: Director By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Director PNC BANK, NATIONAL ASSOCIATION,as Co-Documentation Agent and a LenderBy: ___________________Name: _________________Title: __________________ U.S. BANK NATIONAL ASSOCIATION,as a LenderBy: /s/ Xxx Xxxxxxx Name: Rod SwensonTitle: Vice President NATIONAL CITY REGIONS BANK, as a Lender LenderBy: /s/ Xxxxxx Xxxxxxxxxxx Name: Darius SutrinaitisTitle: Vice President BARCLAYS BANK PLC, as a LenderBy: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx SuttonTitle: Vice President NATIXIS, as a LenderBy: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Director By: /s/ Xxxxxxxx Xxxxx LeFoyer Name: Xxxxxxxx Xxxxx LeFoyer Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector COMPASS BANK, as a Lender LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ XXXXXXX XXXXX BANK USA, as a LenderBy: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: V.P. ROYAL BANK OF CANADA, as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ SIEMENS FINANCIAL SERVICES, as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ By: ______________________________ Name: ____________________________ Title: EXHIBIT A TO WAIVER AND _____________________________ BMO XXXXXX BANK, N.A., as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ THE BANK OF TOKYO-MITSUBISHI UFJ,as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ THIRD AMENDMENT EXHIBIT G Exhibit G to Second Amended and Restated Credit Agreement FORM OF BORROWING BASE CERTIFICATE (See attached.) BANK OF AMERICA, N.A. CONSOLIDATED CERTIFICATE #: As of: Prepared on: ROA ACCOUNTS RECEIVABLE 1 BEGINNING BALANCE LINE 6 LAST REPORT 3 LESS: CREDITS AS OF 4 LESS: GROSS COLLECTIONS AS OF 5 ADJUSTMENTS 6 ENDING BALANCE 7 Non I-Grade AR 8 LESS: INELIGIBLE 9 ELIGIBLE 10 Other AR reserve 11 TOTAL ELIGIBLE AR 12 INVESTMENT GRADE AR 13 LESS: INELIGIBLE 14 ELIGIBLE 15 Other AR reserve 16 TOTAL ELIGIBLE AR 17 UNBILLED AR 18 LESS: INELIGIBLE 19 ELIGIBLE 20 Other AR reserve 21 TOTAL ELIGIBLE AR 22 Total AR Availability PERPETUAL INVENTORY 23 Crude 24 LESS: INELIGIBLE 25 ELIGIBLE 26 LESS: INVENTORY RESERVES 27 TOTAL ELIGIBLE CRUDE 28 Fuels 29 LESS: INELIGIBLE 30 ELIGIBLE 31 LESS: INVENTORY RESERVES 32 TOTAL ELIGIBLE FUELS 33 Speciality 34 LESS: INELIGIBLE 35 ELIGIBLE 1 36 LESS: INVENTORY RESERVES 37 TOTAL ELIGIBLE SPECIALTY 38 Asphalt 39 LESS: INELIGIBLE 40 ELIGIBLE 1 41 LESS: INVENTORY RESERVES 42 TOTAL ELIGIBLE ASPHALT 43 Tank Heels 44 LESS: INELIGIBLE 45 ELIGIBLE 1 46 LESS: INVENTORY RESERVES 47 TOTAL ELIGIBLE TANK HEELS 48 TOTAL INV. AVAILABILITY NOT TO FINANCING AGREEMENT Dated as of January 25EXCEED 49 EXCESS OF LCs OVER AP 50 ADVANCE RATE 51 TOTAL AVAILABILITY 52 MERCHANDISE L/C NOT TO EXCEED: 53 RESTRICTED ACCOUNT BALANCE 54 TOTAL AVAILABILITY LOAN ACTIVITY 55 BALANCE AS SHOWN ON LAST REPORT (LINE 62) 56 LESS: REMITTANCES 57 PLUS: ADVANCE REQUEST AS OF 58 PLUS: WIRE CHARGE 59 PLUS: FEES 60 PLUS: INTEREST 61 ADJUSTMENTS 62 OUTSTANDING LOAN BALANCE REVOLVING LOAN AVAILABILITY 63 CALCULATED AVAILABILITY (LINE 54) 64 LESS: OUTSTANDING LOAN BALANCE (LINE 62) 65 LESS: MERCHANDISE L/C 66 LESS: STANDBY L/C 67 LESS: BANKERS ACCEPTANCES 68 NET AVAILABLE THE UNDERSIGNED REPRESENTS AND WARRANTS THAT (I) THE INFORMATION SET FORTH ABOVE IS TRUE AND COMPLETE AS OF THE DATE HEREOF AND (II) WITH RESPECT TO THIS BORROWING BASE CERTIFICATE, 2008 DESIGNATED DEFAULTS NoneTHE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 8.1.23 OF THAT CERTAIN SECOND AMENDED AND RESTATED CREDIT AGREEMENT, except:DATED AS OF JULY 14, 2014, AMONG CALUMET SPECIALTY PRODUCTS PARTNERS L.P. AND ITS SUBSIDIARIES AS BORROWERS, THE GUARANTORS NAMED THEREIN, THE LENDERS NAMED THEREIN AND BANK OF AMERICA, N.A. AS AGENT, AS AMENDED FROM TIME TO TIME, IS TRUE AND CORRECT AS OF THE DATE HEREOF. BORROWER: Calumet Specialty Products Partners, L.P. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE: RECEIVED BY: TITLE: NOTE: REPRESENTATION SECTION SHOULD NOT BE MODIFIED
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
BORROWERS. BODY SHOP OF AMERICAKIRKLAND’S STORES, INC., as Lead Borrower and as a Florida corporation Borrower By: /s/ W. Xxxxxxx Xxxxxx X. Xxxx Name: W. Xxxxxxx Xxxxxx X. Xxxx Title: President Senior Vice President, Chief Financial Officer and Secretary XXXXXXXXX.XXX, LLC, as a Borrower By: /s/ W. Xxxxxxx Xxxxxx Name: W. Xxxxxxx Xxxxxx Title: Senior Vice President, Chief Executive Financial Officer CATALOGUE VENTURESand Secretary KIRKLAND’S TEXAS, LLC, as a Borrower By: /s/ W. Xxxxxxx Xxxxxx Name: W. Xxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary GUARANTORS: XXXXXXXX’X, INC., as Parent and as a Florida corporation Guarantor By: /s/ W. Xxxxxxx Xxxxxx X. Xxxx Name: W. Xxxxxxx Xxxxxx X. Xxxx Title: Senior Vice President, Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPand Secretary XXXXXXXX’X XX, INC., as a Delaware corporation Guarantor By: /s/ W. Xxxxxxx Xxxxxx X. Xxxx Name: W. Xxxxxxx Xxxxxx X. Xxxx Title: President Senior Vice President, Chief Financial Officer and Chief Executive Officer RINZI AIRSecretary Signature Page to Amended and Restated Credit Agreement BANK OF AMERICA, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCN.A., as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager and Collateral Agent By: /s/ Xxxxxx Xxxxxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxx Title: Vice President A4 FUNDING LPSVP-Director BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxxxxx X. Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxx Title: Vice President ABLECO FINANCE LLCSVP-Director XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:President
Appears in 1 contract
Samples: Credit Agreement (Kirkland's, Inc)
BORROWERS. BODY SHOP OF AMERICABLACKROCK, INC., a Florida corporation as Borrower and Guarantor By: /s/ Xxxxxx X. Xxxx Pxxxxxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Pxxxxxxx Xxxxxxxxx Title: Managing Director and Treasurer BLACKROCK GROUP LIMITED, as Designated Borrower By: /s/ Cxxxx Xxxxxxx Name: Cxxxx Xxxxxxx Title: Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages AGENT AND LENDERS: XXXXXXXXX FINANCIAL CAYMAN WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender, L/C Agent and Lender By: /s/ Txxxx Xxxxxxxxxxx Name: Txxxx Xxxxxxxxxxx Title: Managing Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) CITIBANK, N.A., as Lender and Issuing Lender By: /s/ Mxxxxxx Xxxxxxx Name: Mxxxxxx Xxxxxxx Title: Vice President BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages BANK OF AMERICA, N.A., as Lender By: /s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Vice President BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) BARCLAYS BANK PLC, as Lender By: /s/ Rxxxxx Xxxxx Name: Rxxxxx Xxxxx Title: Vice President BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages JPMORGAN CHASE BANK, N.A., as Lender By: /s/ Mxxxxxx Xxxxxxxx Name: Mxxxxxx Xxxxxxxx Title: Executive Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages MXXXXX SXXXXXX BANK, N.A., as Lender By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ Vxxxxxxx Xxxxxxx Name: Vxxxxxxx Xxxxxxx Title: Vice President By: /s/ Jxxx X. XxXxxx Name: Jxxx X. XxXxxx Title: Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) SUMITOMO MITSUI BANKING CORPORATION, as a Lender and as the Japanese Yen Lender By: /s/ Kxxxx X. Xxxxxxxx Name: Kxxxx X. Xxxxxxxx Title: Managing Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages CREDIT SUISSE AG, Cayman Islands Branch, as Lender By: /s/ Dxxxxx Xxxx Name: Dxxxxx Xxxx Title: Authorized Signatory By: /s/ Rxxx Xxxxxxx Name: Rxxx Xxxxxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages GXXXXXX SACHS BANK USA, as Lender By: /s/ Rxxxxxx Xxxxx Name: Rxxxxxx Xxxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) HSBC BANK USA, NATIONAL ASSOCIATION, as Lender and Issuing Lender By: /s/ Sxxxxxxxx X. Xxx Name: Sxxxxxxxx X. Xxx Title: Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages MIZUHO BANK, LTD., as a Lender By: Xxxxxxxxx Financial LLC/s/ Dxxxx Xxx Name: Dxxxx Xxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages THE ROYAL BANK OF SCOTLAND plc, as Collateral Manager Lender By: /s/ Xxxxxxxxxxx Xxx Jxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxx Jxxxxx X. Xxxxx Title: Vice President BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) UBS AG, STAMFORD BRANCH, as Lender By: /s/ Dxxxxxx Xxxxx Name: Dxxxxxx Xxxxx Title: Director By: /s/ Hxxxxxx Xxxx Name: Hxxxxxx Xxxx Title: Associate Director BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages ROYAL BANK OF CANADA, as Lender By: /s/ Gxxx XxXxxx Name: Gxxx XxXxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages STATE STREET BANK AND TRUST COMPANY, as Lender By: /s/ Kxxxx X. Xxxxxxxxx Name: Kxxxx X. Xxxxxxxxx Title: Managing Director NEWSTAR SHORTBlackRock, Inc. Amendment No. 4 to Five-TERM FUNDING LLCYear Revolving Credit Agreement (2015) THE BANK OF NEW YORK MELLON, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Jxxxxx Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Jxxxxx Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPBlackRock, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Inc. Amendment No. 4 to Five-Year Revolving Credit Agreement (2015) Signature Pages
Appears in 1 contract
Samples: Credit Agreement (BlackRock Inc.)
BORROWERS. BODY SHOP OF AMERICA, DIFFERENTIAL BRANDS GROUP INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Financial Officer RINZI AIRDBG SUBSIDIARY INC. (f/k/a Joe’s Jeans Subsidiary, L.L.C.Inc.), a Florida Delaware corporation By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Chief Financial Officer XXXXXX CLOTHING, LLC, a California limited liability company By: /s/ Xxxxxx X. Xxxx Xxxxx Xxx Name: Xxxxxx X. Xxxx Xxxxx Xxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTSignature page to Credit and Security Agreement (TCW) RG PARENT LLC, a Delaware limited liability company By: DYMAS FUNDING COMPANY/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive XXXXXX XXXXXX RETAIL LLC a Delaware limited liability company By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive XXXXXX XXXXXX DESIGNS, LLC, as Administrative Agent a New York limited liability company By: Dymas Capital Management Company/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive XXXXXX XXXXXX HOLDINGS, LLC, its Manager a New York limited liability company By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive Signature page to Credit and Security Agreement (TCW) GUARANTORS: INNOVO WEST SALES, INC., a Texas corporation By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx Title: Chief Financial Officer DBG HOLDINGS SUBSIDIARY INC. (f/k/a Joe’s Jeans Retail Subsidiary, Inc.), a California corporation By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Chief Financial Officer XXXXXX CLOTHING HOLDINGS, INC., a Delaware corporation By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Chief Executive Officer HC ACQUISITION HOLDINGS, INC., a Delaware corporation By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Chief Executive Officer Signature page to Credit and Security Agreement (TCW) RGH GROUP LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive Officer XXXXX XXXXXXXX IP, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive Officer Signature Page to Credit and Security Agreement (TCW) AGENT: TCW ASSET MANAGEMENT COMPANY By: /s/ Xxxxxxx Xxxxxx X. Name: Xxxxxxx Xxxxxx Title: Managing Director Signature Page to Credit and Security Agreement (TCW) LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE TCW DIRECT LENDING LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKManaging Director TCW DIRECT LENDING STRATEGIC VENTURES LLC, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Managing Director WEST VIRGINIA DIRECT LENDING LLC, as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: EXHIBIT A TO WAIVER Managing Director Signature Page to Credit and Security Agreement (TCW) Commitment Annex Lenders Term Loan Commitment TCW DIRECT LENDING LLC $28,700,000 TCW DIRECT LENDING STRATEGIC VENTURES LLC $18,000,000 WEST VIRGINIA DIRECT LENDING LLC $3,300,000 Total $50,000,000 Schedule 1.1 to CREDIT AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:SECURITY AGREEMENT
Appears in 1 contract
Samples: Credit and Security Agreement (Differential Brands Group Inc.)
BORROWERS. BODY SHOP OF AMERICADESTINATION XL GROUP, INC., as a Florida corporation Lead Borrower and a Borrower By: /s/ Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx. Name: Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx Title: President and Chief Executive Financial Officer CATALOGUE VENTURESCMRG APPAREL, LLC, as a Borrower By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer GUARANTORS: CASUAL MALE RXX, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CAPTURE, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CASUAL MALE STORE, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CASUAL MALE RETAIL STORE, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CASUAL MALE DIRECT, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer THINK BIG PRODUCTS, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CMRG HOLDCO, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer DXLG WHOLESALE, LLC, as a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer CMRG APPAREL MANAGEMENT, INC., as a Florida corporation Guarantor By: /s/ Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx. Name: Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx Title: Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.CMXL APPAREL, LP, as a Delaware corporation Guarantor By: /s/ Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx. Name: Xxxxxx Pxxxx X. Xxxx Xxxxxxxx, Xx Title: President and Chief Executive Financial Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYCASUAL MALE (EUROPE), LLC, as Administrative a Guarantor By: /s/ Pxxxx X. Xxxxxxxx, Xx. Name: Pxxxx X. Xxxxxxxx, Xx Title: Chief Financial Officer AGENT: BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS COLLATERAL AGENT By: /s/ Cxxxxxxxx Xxxxxxxxxx Name: Cxxxxxxxx Xxxxxxxxxx Title: Senior Vice President FILO AGENT: PLC AGENT LLC, as FILO Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc.PATHLIGHT CAPITAL LP, its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management PATHLIGHT GP LLC, its General Partner By: /s/ Alexander J, Mxxxxxx Xxxxxxxx Name: Xxxxxxxxx X. Mxxxxxx Xxxxxxxx Title: Managing Director LENDERS: BANK OF AMERICA, N.A., AS A REVOLVING LENDER, L/C ISSUER AND SWING LINE LENDER By: /s/ Cxxxxxxxx Xxxxxxxxxx Name: Cxxxxxxxx Xxxxxxxxxx Title: Senior Vice President A4 FUNDING WXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Revolving Lender By: /s/ Dxx Xxxxxx Name: Dxx Xxxxxx Title: Assistant Vice President CITIZENS BANK, N.A., as a Revolving Lender By: /s/ Madison Bxxxx Name: Madison Bxxxx Title: Assistant Vice President PATHLIGHT CAPITAL FUND II LP, as a FILO Lender By: A4 Fund Management, Inc.PATHLIGHT PARTNERS II GP LLC, its General Partner By: /s/ Alexander J, Mxxxxxx Xxxxxxxx Name: Xxxxxxxxx X. Mxxxxxx Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT Managing Director ANNEX A TO WAIVER Conformed Credit Agreement See attached. Annex A – Conformed Through Thirdthrough Fourth Amendment SEVENTH AMENDED AND THIRD AMENDMENT TO FINANCING RESTATED CREDIT AGREEMENT Dated as of January 25May 24, 2008 DESIGNATED DEFAULTS None2018, except:as amended on June 3, 2019, as amended on September 5, 2019, as amended on April 15, 2020, as amended on March 16, 2021 among DESTINATION XL GROUP, INC., as the Lead Borrower For The Borrowers Named Herein The Guarantors Named Herein Bank of America, N.A., as Administrative Agent and Collateral Agent and PLC AGENT LLC, as FILO Agent and The Other Lenders Party Hereto WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent BANK OF AMERICA, N.A., as Sole Lead Arranger and Sole Bookrunner TABLE OF CONTENTS Section Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 2 1.01 Defined Terms 2 1.02 Other Interpretive Provisions 58 1.03 Accounting Terms 60 1.04 Rounding 60 1.05 Times of Day 60 1.06 Letter of Credit Amounts 60 1.07 Interest Rates 61 ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS 61 2.01 Committed Loans; Reserves 61 2.02 Borrowings, Conversions and Continuations of Committed Loans 61 2.03 Letters of Credit 64 2.04 Swing Line Loans 72 2.05 Prepayments 75 2.06 Termination or Reduction of Revolving Commitments 77 2.07 Repayment of Obligations 77 2.08 Interest 77 2.09 Fees 78 2.10 Computation of Interest and Fees 79 2.11 Evidence of Debt 79 2.12 Payments Generally; Agent’s Clawback 80 2.13 Sharing of Payments by Lenders 82
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager AMERICAN COMMERCIAL BARGE LINE LLC AMERICAN COMMERCIAL LINES LLC AMERICAN COMMERCIAL TERMINALS LLC HOUSTON FLEET LLC LOUISIANA DOCK COMPANY LLC JEFFBOAT LLC By: /s/ Xxxxxxxxxxx Xxx NameX. Black ----------------------------- Printed: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Black Title: Senior Vice President NATIONAL CITY BANK, as a Lender and Chief Financial Officer GUARANTORS: ACBL LIQUID SALES LLC ACL FINANCE CORP. AMERICAN BARGE LINE COMPANY AMERICAN COMMERCIAL LINES INC. AMERICAN COMMERCIAL LINES INTERNATIONAL LLC AMERICAN COMMERCIAL LOGISTICS LLC AMERICAN COMMERCIAL TERMINALS-MEMPHIS LLC COMMERCIAL BARGE LINE COMPANY LEMONT HARBOR & FLEETING SERVICES LLC ORINOCO TASA LLC ORINOCO TASV LLC By: /s/ Xxxxxxxx Xxxxx NameXxxxxxxxxxx X. Black ---------------------------- Printed: Xxxxxxxx Xxxxx Xxxxxxxxxxx X. Black Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President and Chief Financial Officer [SIGNATURES CONTINUED FROM PREVIOUS PAGE] ADMINISTRATIVE AGENT AND COLLATERAL AGENT BANK OF AMERICA, as a Lender N.A., ON BEHALF OF THE MAJORITY LENDERS By: Name/s/ Xxxxxx Xxxxxxxxx ---------------------- Printed: Xxxxxx Xxxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Vice President
Appears in 1 contract
Samples: American Commercial Lines Inc.
BORROWERS. BODY SHOP OF AMERICAAB-XXXXXX PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P. By: AB-Xxxxxx Private Equity Investors G.P. L.P., INC., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer CATALOGUE VENTURES, INC.Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY INVESTORS 2020 (DELAWARE) FUND L.P., a Florida corporation Delaware limited partnership By: AB-Xxxxxx Private Equity Investors 2020 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.VP/Vice President and Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY SOLUTIONS 2021 (DELAWARE) FUND L.P., a Delaware corporation limited partnership By: AB-Xxxxxx Private Equity Solutions 2021 G.P. L.P., a Delaware limited partnership, its general partner HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer RINZI AIRTreasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING FUND, L.L.C.L.P., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLCAB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., its General Partner By: /s/ Alexander JXxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS CORPORATION By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY SOLUTIONS 2022 (DELAWARE) FUND L.P., a Delaware limited partnership By: AB-Xxxxxx Private Equity Solutions 2022 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement GENERAL PARTNERS: AB-XXXXXX PRIVATE EQUITY INVESTORS G.P. L.P. By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY INVESTORS 2020 G.P. L.P. By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY SOLUTIONS 2021 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-XXXXXX PRIVATE EQUITY SOLUTIONS 2022 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement ADMINISTRATIVE AGENT: HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxx Xxxxxxxx Title: Vice President A4 FUNDING LPHSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement LENDERS: HSBC BANK USA, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander JXxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement BANKUNITED, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxxx Name: Xxxxxxxxx Xxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY SVP HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement CATHAY BANK, as a Lender By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President HSBC – AB Umbrella – Seventh Amendment to Revolving Credit Agreement Annex A ANNEX A TO SIXTHSEVENTH AMENDMENT (Conformed Credit Agreement through SixthSeventh Amendment) REVOLVING CREDIT AGREEMENT AB-XXXXXX PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., as the Initial Borrower AB-XXXXXX PRIVATE EQUITY INVESTORS G.P. L.P., as the Initial General Partner and HSBC BANK USA, NATIONAL ASSOCIATION, as the Administrative Agent and a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25June 14, 2008 DESIGNATED DEFAULTS None, except:2019 TABLE OF CONTENTS Page
Appears in 1 contract
Samples: Revolving Credit Agreement (AB Private Credit Investors Corp)
BORROWERS. BODY SHOP OF AMERICAXXXXXX & NOBLE BOOKSELLERS, INC., a Florida Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESXXXXXX & XXXXX INTERNATIONAL LLC, a Delaware limited liability company XXXXXX & NOBLE MARKETING SERVICES LLC, a Virginia limited liability company XXXXXX & XXXXX PURCHASING, INC., a Florida New York corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPXXXXXX & NOBLE SERVICES, INC., a New York corporation NOOK DIGITAL LLC, a Delaware limited liability company STERLING PUBLISHING CO., INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Chief Financial Xxxxxxx Xxxxxx & Xxxxx Credit Agreement AGENTS AND LENDERS: BANK OF AMERICA, N.A., as Administrative Agent and as Collateral Agent By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director Xxxxxx & Noble Credit Agreement Signature Page JPMORGAN CHASE BANK, N.A. as Co-Syndication Agent By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Authorized Xxxxxxx Xxxxxx & Noble Credit Agreement Signature Page XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Assistant Vice President Xxxxxx & Noble Credit Agreement SUNTRUST BANK, as Co-Syndication Agent By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director Xxxxxx & Xxxxx Credit Agreement CITIZENS BANK, N.A., as Co-Documentation Agent By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President Xxxxxx & Noble Credit Agreement REGIONS BANK, as Co-Documentation Agent By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Senior Vice President Xxxxxx & Xxxxx Credit Agreement Signature Page BANK OF AMERICA, N.A., as a Lender, LC Issuer and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company Swing Line Lender By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Xxxxxx & Xxxxx Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager and LC Issuer By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCAuthorized Xxxxxxx Xxxxxx & Noble Credit Agreement XXXXX FARGO BANK, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Assistant Vice President NATIONAL CITY Xxxxxx & Noble Credit Agreement SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxx Xxxx X. Xxxxx Name: Xxxxxxxx Xxxx X. Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector Xxxxxx & Xxxxx Credit Agreement CITIZENS BUSINESS CAPITAL, a division of Citizens Asset Finance, Inc., as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: EXHIBIT A TO WAIVER AND Senior Vice President Xxxxxx & Noble Credit Agreement REGIONS BANK, as a Lender By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Senior Vice President Xxxxxx & Xxxxx Credit Agreement Signature Page FIFTH THIRD AMENDMENT TO FINANCING AGREEMENT Dated BANK, as of January 25a Lender By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Vice President Xxxxxx & Noble Credit Agreement TD BANK, 2008 DESIGNATED DEFAULTS NoneN.A., except:as a Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: V.P. Credit Management Xxxxxx & Xxxxx Credit Agreement CAPITAL ONE BUSINESS CREDIT CORP., as a Lender By: /s/ Julianne Low Name: Julianne Low Title: Senior Director Xxxxxx & Xxxxx Credit Agreement SIEMENS FINANCIAL SERVICES, INC., as a Lender By: /s/ Xxxxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Sr. Loan Closer Xxxxxx & Noble Credit Agreement Signature Page PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Thanwantie Somar Name: Thanwantie Somar Title: Assistant Vice President Xxxxxx & Xxxxx Credit Agreement GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Duly Authorized Signatory Xxxxxx & Noble Credit Agreement Signature Page Schedule 1.01 Borrowers
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.XXXXXXX ENERGY CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIRSEP HOLDINGS III, L.L.C.LLC, a Florida Delaware limited liability company XX XXXXXXX LLC, a Delaware limited liability company SN COTULLA ASSETS, LLC, a Texas limited liability company By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Executive Vice President and — Chief Financial Officer ACKNOWLEDGED for the purposes stated in Section 8: GUARANTORS: SN OPERATING, LLC, a Texas limited liability company SN TMS, LLC, a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Executive Vice President — Chief Financial Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCROYAL BANK OF CANADA, as Administrative Agent By: Dymas Capital Management Company/s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Manager, LLCAgency LENDERS: ISSUING BANK AND LENDER: ROYAL BANK OF CANADA By: /s/ Xxxx Xxxxxxx, its Manager Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Director CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory COMPASS BANK By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Vice President SUNTRUST BANK By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President ING CAPITAL LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxx Xxxxxx Name: Xxxxxxxxxxx Xxx Xxxx Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager BRANCH BANKING AND TRUST COMPANY By: /s/ P. Xxxxx Xxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxx Title: Assistant Vice President IBERIABANK By: /s/ W. Xxxxx Xxxxxxx Name: W. Xxxxx Xxxxxxx Title: Executive Vice President UNION BANK, N.A. By: /s/ Haylee Dallas Name: Haylee Dallas Title: Vice President SOCIÉTÉ GENÉRALÉ By: /s/ Xxxxx Xxxxxxxxx Name: NewStar Financial Xxxxx Xxxxxxxxx Title: Managing Director NEWSTAR ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS LIST OF MAXIMUM CREDIT AMOUNTS Name of Lender Applicable Percentage Maximum Credit Amount Elected Commitment Royal Bank of Canada 13.000000000 % $ 66,666,666.67 $ 43,333,333.34 Capital One, National Association 13.333333333 % $ 66,666,666.67 $ 43,333,333.34 SunTrust Bank 11.666666667 % $ 58,333,333.34 $ 37,916,666.67 Compass Bank 11.666666667 % $ 58,333,333.34 $ 37,916,666.67 Credit Suisse AG, Cayman Islands Branch 8.333333333 % $ 41,666,666.67 $ 27,083,333.33 ING Capital LLC 2005-18.333333333 % $ 41,666,666.67 $ 27,083,333.33 Branch Banking and Trust Company 8.333333333 % $ 41,666,666.67 $ 27,083,333.33 IBERIABANK 8.333333333 % $ 41,666,666.67 $ 27,083,333.33 Union Bank, National Association. 8.333333333 % $ 41,666,666.67 $ 27,083,333.33 Sociètè Genèralè 8.333333333 % $ 41,666,666.67 $ 27,083,333.33 TOTAL 100 % $ 500,000,000.00 $ 325,000,000.00 Annex I to Fifth Amendment EXHIBIT B FORM OF BORROWING REQUEST [ ], 20[ ] XXXXXXX ENERGY CORPORATION, a Delaware corporation, SEP HOLDINGS III, LLC, a Delaware limited liability company, XX XXXXXXX LLC, a Delaware limited liability company, and SN COTULLA ASSETS, LLC, a Texas limited liability company (collectively, the “Borrowers”), pursuant to Section 2.03 of the Amended and Restated Credit Agreement dated as of May 31, 2013 (together with all amendments, restatements, supplements or other modifications thereto, the “Credit Agreement”), among the Borrowers, Royal Bank of Canada, as Administrative Agent and the lenders (the “Lenders”) which are or become parties thereto (unless otherwise defined herein, each capitalized term used herein is defined in the Credit Agreement), hereby requests a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, Borrowing as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, exceptfollows:
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAEXCO RESOURCES, INC., . a Florida Texas corporation By: /s/ Xxxxxx X. Xxxx J. XXXXXXX XXXXXX Name: J. Xxxxxxx Xxxxxx X. Xxxx Title: Vice President and Chief Executive Financial Officer CATALOGUE VENTURESEXCO OPERATING, INC.LP a Delaware limited partnership By: EXCO Investment II, a Florida corporation LLC, its sole general partner By: EXCO Resources, Inc., its sole member By: /s/ Xxxxxx X. Xxxx J. XXXXXXX XXXXXX Name: J. Xxxxxxx Xxxxxx X. Xxxx Title: Vice President and Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.NORTH COAST ENERGY, INC. a Delaware corporation By: /s/ Xxxxxx X. Xxxx J. XXXXXXX XXXXXX Name: J. Xxxxxxx Xxxxxx X. Xxxx Title: Vice President and Chief Executive Officer RINZI AIRNORTH COAST ENERGY EASTERN, L.L.C., INC. a Florida limited liability company Delaware corporation By: /s/ Xxxxxx X. Xxxx J. XXXXXXX XXXXXX Name: J. Xxxxxxx Xxxxxx X. Xxxx Title: Vice President LENDERS: BANK ONE, NA a national banking association (Main Office Chicago) as a Lender and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager /s/ XXX X. XXXXXX Name: Xxx X. Xxxxxx Title: Associate Director BNP PARIBAS as a Lender and as Syndication Agent By: /s/ Xxxxxx X. Xxxxxxx XXXXX XXXX Name: Xxxxxx X. Xxxxxxx Xxxxx Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx XXXXX XXXXXX Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Title: Vice President A4 FUNDING LP, THE BANK OF NOVA SCOTIA as a Lender By: A4 Fund Management, Inc., its General Partner and as a Co-Documentation Agent By: /s/ Alexander J, Xxxxxxxx XXXXXX XXXX Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Xxxx Title: Vice President ABLECO FINANCE LLC, Senior Manager COMERICA BANK as a Lender By: /s/ Alexander J, Xxxxxxxx XXXXXXX X. XXXXX Name: Xxxxxxxxx Xxxxxxx X. Xxxxx Title: Vice President – Texas Division FLEET NATIONAL BANK as a Lender By: /s/ XXXXXXX X. XXXXXXXX Name: Xxxxxxx X. Xxxxxxxx Title: Senior Director JPMORGAN CHASE BANK as a Lender By: /s/ XXXXXXX X. XXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Vice President NATIONAL CITY TORONTO DOMINION, (TEXAS), INC. as a Lender and as a Co-Documentation Agent By: /s/ XXXX XXXXXXX Name: Xxxx Xxxxxxx Title: Vice President UNION BANK OF CALIFORNIA, N.A. as a Lender By: /s/ XXXXXXXX COIL Name: Xxxxxxxx Coil Title: Assistant Vice President By: /s/ XXXX XXXXX Name: Xxxx Xxxxx Title: Vice President CREDIT SUISSE FIRST BOSTON acting through its Cayman Island branch as a Lender By: /s/ XXX XXXXX Name: Xxx Xxxxx Title: Director By: /s/ XXXXXXX XXXXX Name: Xxxxxxx Xxxxx Title: Associate BANK OF AMERICA N.A. as a Lender By: /s/ XXXXXXX X. XXXXXXXX Name: Xxxxxxx X. Xxxxxxxx Title: Director KEY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx XXXXXX XXXXX Name: Xxxxxxxx Xxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCVice President FORTIS CAPITAL CORP., as a Lender By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Managing Director By: /s/ XXXXX XXXXXXXXXX Name: Xxxxx Xxxxxxxxxx Title: Senior Vice President WASHINGTON MUTUAL BANK, FA, as a Lender By: /s/ XXXXXXX X. XXXX Name: Xxxxxxx X. Xxxx Title: Vice President XXXXX FARGO BANK, NA as a Lender By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING CANADIAN CREDIT AGREEMENT Dated as (attached) ANNEX A COMMITMENT PERCENTAGES LENDER COMMITMENT PERCENTAGE Bank One, NA 7.09770114942529% 1 Bank Xxx Xxxxx Xxxx Xxxx XX0-0000 Xxxxxxx, Xxxxxxxx 00000-0000 Attention: Xxx Xxxxx Telephone: 000.000.0000 Facsimile: 312.385.7096 BNP Paribas 6.55172413793104% 0000 Xxxxx Xxxxxx, Suite 3100 Houston, Texas 77002 Attention: Xxxxx Xxxx with a copy to Xxxxx Xxxxxx Telephone: 000.000.0000 Facsimile: 713.659.6915 JPMorgan Chase Bank 2.72988505747126% 0000 Xxxxxx, 10th Floor Houston, Texas 77002 Attention: Xxxxxx English Telephone: 000.000.0000 Facsimile: 713.427.6307 The Bank of January 25Nova Scotia 6.00000000000000% 0000 Xxxxxxxxx, 2008 DESIGNATED DEFAULTS NoneXxxxx 0000 Xxxxxxx, except:Xxxxx 00000 Attention: Xxxx Xxxxx Telephone: 000.000.0000 Facsimile: 713.752.2425 Comerica Bank 6.00574712643678% 0000 Xxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxx 00000 Attention: Xxxxxxx Xxxxx with a copy to Xxxxx Xxxxxx Telephone: 000.000.0000 Facsimile: 214.969.6561 Fleet National Bank 13.10344827586210% 000 Xxxxxxx Xxxxxx, XX XX 00000X Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxx Telephone: 000.000.0000 Facsimile: 617.434.3652 Toronto Dominion, (Texas), Inc. 6.55172413793104% 000 Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxxxxx with a copy to Xxxxx Xxxxx Telephone: 000.000.0000 Facsimile: 713.652.2647 Union Bank of California, N.A. 6.27873563218391% 000 Xxxxx Xxxxx Xxxxxx, Suite 4200 Dallas, Texas 75201 Attention: Xxxxxxx Xxxxxxxxx Telephone: 000.000.0000 Facsimile: 214.922.4209 Credit Suisse First Boston Cayman Branch 6.55172413793104% 00 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxx Telephone: 000.000.0000 Facsimile: 212.325.8615 Attention: Xxxxxx Xxxxxxx Telephone: 000.000.0000 Facsimile: 212.325.8615 Bank of America N.A. 4.09482758620690% 0000 Xxxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx Telephone: 000.000.0000 Facsimile: 214.508.4858 Key Bank 8.62068965517241% 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Attention: Xxxxx Xxxxxx Telephone: 000.000.0000 Facsimile: 216.689.5962 Fortis Capital Corp. 8.62068965517241% 00000 Xxxxx Xxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxxx Telephone: 000.000.0000 Facsimile: 203.705.5898 Washington Mutual 8.62068965517241% 0000 Xxxxxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxxx X. Xxxxx Telephone: 000.000.0000 Facsimile: 713.543.6605 With a copy to: Washington Mutual 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx X. Xxxx Telephone: 000.000.0000 Facsimile: 713.543.7114 Xxxxx Fargo Bank, NA 8.62068965517241% 0000 Xxxxxxxx, 0xx Xx Mail Code C730 Xxxxxx, Xxxxxxxx 00000 Attention: Xxxxx Xxxx Telephone: 000.000.0000 Facsimile: 303.863.2729 PRICING SCHEDULE APPLICABLE MARGIN Borrowing Base Usage Applicable Margin for Floating Rate Loans Applicable Margin for Eurodollar Loans Applicable Margin for Unused Commitment Fee Greater than or equal to 90% 1.00 % 2.00 % .50 % Greater than or equal to 75% and less than 90% .75 % 1.75 % .50 % Greater than or equal to 50% and less than 75% .50 % 1.50 % .375 % Less than 50% .25 % 1.25 % .25 %
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.XXXXXXX ENERGY CORPORATION, a Delaware corporation By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Vice President and Chief Executive Principal Accounting Officer RINZI AIRSEP HOLDINGS III, L.L.C.LLC, a Florida Delaware limited liability company By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Vice President and Chief Executive Principal Accounting Officer XX XXXXXXX LLC, a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President and Principal Accounting Officer SN COTULLA ASSETS, LLC, a Texas limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President and Principal Accounting Officer ACKNOWLEDGED for the purposes stated in Section 4: GUARANTORS: SN OPERATING, LLC, a Texas limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President and Principal Accounting Officer SN TMS, LLC, a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President and Principal Accounting Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCROYAL BANK OF CANADA, as Administrative Agent By: Dymas Capital Management Company/s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Manager, LLCAgency LENDERS: ISSUING BANK AND LENDER: ROYAL BANK OF CANADA By: /s/ Xxxx Xxxxxxx, its Manager Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Authorized Signatory By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory COMPASS BANK By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Executive Vice President SUNTRUST BANK By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director ING CAPITAL LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxx X. Xxxxxxx Name: Xxxxxx Xxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender IBERIABANK By: /s/ Xxxxxxxx W. Xxxxx Xxxxxxx Name: Xxxxxxxx W. Xxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCExecutive Vice President UNION BANK, as a Lender N.A. By: /s/ Haylee Dallas Name: Haylee Dallas Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Vice President SOCIÉTÉ GENÉRALÉ By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICANEWPARK RESOURCES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESDURA-BASE NEVADA, INC., a Florida corporation EXCALIBAR MINERALS INC., EXCALIBUR MINERALS OF LA., L.L.C., NEWPARK DRILLING FLUIDS, LLC, NEWPARK ENVIRONMENTAL SERVICES, L.L.C., NEWPARK ENVIRONMENTAL MANAGEMENT COMPANY, L.L.C., NEWPARK HOLDINGS, INC., NEWPARK TEXAS, L.L.C., NEWPARK DRILLING FLUIDS LABORATORY, INC., SOLOCO, L.L.C., SUPREME CONTRACTORS, L.L.C., COMPOSITE MAT SOLUTIONS L.L.C., NEWPARK ENVIRONMENTAL WATER SOLUTIONS LLC, and NEWPARK WATER TECHNOLOGY PARTNERS LLC By: /s/ Xxxxxx Jxxx X. Xxxx NameXxxxxxxx Jxxx X. Xxxxxxxx Treasurer BXXXXX MILL, L.P., NES PERMIAN BASIN, L.P., NEWPARK ENVIRONMENTAL SERVICES OF TEXAS, L.P., NID, L.P., and SOLOCO TEXAS, L.P. By: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Newpark Holdings, a Delaware corporation Inc., the general partner of such entity By: /s/ Xxxxxx Jxxx X. Xxxx Name: Xxxxxx Xxxxxxxx Jxxx X. Xxxx Title: President Xxxxxxxx Treasurer Fourth Amendment to amended and Chief Executive Officer RINZI AIRrestated Credit Agreement OLS CONSULTING SERVICES, L.L.C., a Florida limited liability company INC. By: /s/ Xxxxxx Jxxx X. Xxxx Name: Xxxxxx Xxxxxxxx Jxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING Xxxxxxxx Treasurer THE LOMA COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager L.L.C. By: /s/ Xxxxxx Jxxx X. Xxxxxxx NameXxxxxxxx Jxxx X. Xxxxxxxx Treasurer LOAN PARTIES: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDMALLARD & MALLARD OF LA., as a Lender By: Xxxxxxxxx Financial LLCINC., as Collateral Manager and SHAMROCK DRILLING FLUIDS, INC. By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCJxxx X. Xxxxxxxx Jxxx X. Xxxxxxxx Treasurer NEWPARK ENVIRONMENTAL SERVICES MISSISSIPPI, as a Lender L.P. By: NewStar FinancialNewpark Holdings, Inc., its Designated Manager general partner By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Jxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Jxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, exceptTreasurer Fourth Amendment to amended and Restated Credit Agreement LENDERS:
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BORROWERS. BODY SHOP OF AMERICAROCKY BRANDS, INC., a Florida corporation . By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXXXXX Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESEVP & CFO LIFESTYLE FOOTWEAR, INC., a Florida corporation . By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXXXXX Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.EVP & CFO ROCKY BRANDS US, a Delaware corporation LLC By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXXXXX Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Officer RINZI AIREVP & CFO LEHIGH OUTFITTERS, L.L.C., a Florida limited liability company LLC By: /s/ Xxxxxx XXXXXX X. Xxxx XXXXXXXXX Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYEVP & CFO ROCKY OUTDOOR GEAR STORE, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager LLC By: /s/ Xxxxxx XXXXXX X. Xxxxxxx XXXXXXXXX Name: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Managing Director LENDERSEVP & CFO US FOOTWEAR HOLDINGS LLC By: /s/ XXXXXX X. XXXXXXXXX FINANCIAL CAYMAN LTD.Name: Xxxxxx X. Xxxxxxxxx Title: EVP & CFO BANK OF AMERICA, N.A., as Agent and as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx XXXXX SCAWINSKI Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Scawinski Title: Vice President A4 FUNDING LPXXXXX FARGO BANK, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxx Xxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: Authorized Signatory EXHIBIT A TO WAIVER CONFORMED LOAN AGREEMENT [attached] ABL LOAN AND THIRD AMENDMENT TO FINANCING SECURITY AGREEMENT Dated as of January 25March 15, 2008 DESIGNATED DEFAULTS None2021 ROCKY BRANDS, except:INC., as Parent and as Borrower Agent THE OTHER OBLIGORS PARTY HERETO as Borrowers or Guarantors BANK OF AMERICA, N.A., as Agent BANK OF AMERICA, N.A., as Sole Lead Arranger and Sole Bookrunner
Appears in 1 contract
Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.)
BORROWERS. BODY SHOP COMMERCIAL VEHICLE GROUP, INC. By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx MillerTitle: PresidentAddress: 0000 Xxxxxx Xxxxxxx New Albany, OH 43054 Attn: Chief Financial Officer Telecopy: (000) 000-0000 TRIM SYSTEMS, INC.TRIM SYSTEMS OPERATING CORP.CABARRUS PLASTICS, INC.MAYFLOWER VEHICLE SYSTEMS, LLCCVG MANAGEMENT CORPORATIONCVG LOGISTICS, LLCCVG ALABAMA, LLCCVG CVS HOLDINGS LLC CVG AR LLC CVG MONONA LLC CVG MONONA WIRE LLC CVG NATIONAL SEATING COMPANY LLC CVG XXXXXXX DEVICES LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx MillerTitle: Chief Financial Officer AGENT AND LENDERS: BANK OF AMERICA, INC., a Florida corporation N.A.,as Agent and Lender By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx NomuraTitle: Senior Vice PresidentAddress: 000 X. Xxxx TitleXxXxxxx, 9th Floor Chicago, IL 60603 Telecopy: President and Chief Executive Officer CATALOGUE VENTURES(000) 000-0000 JPMORGAN CHASE BANK, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as N.A.,as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxxxxxxxx X. ZawieTitle: Authorized OfficerAddress:1300 Xxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCXxxxxx, as a 00xx Xxxxx Xxxxxxxxx, XX 00000 SCHEDULE 1.1 to Loan and Security Agreement REVOLVER COMMITMENTS OF LENDERS Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Revolver Commitment Bank of January 25America, 2008 DESIGNATED DEFAULTS NoneN.A. $48,750,000 JPMorgan Chase Bank, except:N.A. $16,250,000
Appears in 1 contract
Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.)
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYCHEFS’ WAREHOUSE PARENT, LLC, as a Borrower By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary DAIRYLAND USA CORPORATION, as a Borrower By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary XXXXX XXXXXXXX 1893, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary BEL CANTO FOODS, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary CW LV REAL ESTATE LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary DEL MONTE CAPITOL MEAT COMPANY HOLDINGS, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary DEL MONTE CAPITOL MEAT COMPANY, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary MICHAEL’S FINER MEATS, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary MICHAEL’S FINER MEATS HOLDINGS, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary QZ ACQUSITIONS (USA), INC. By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary QZINA SPECIALTY FOODS (AMBASSADOR), INC. By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary QZINA SPECIALTY FOODS NORTH AMERICA (USA), INC. By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary QZINA SPECIALTY FOODS, INC. a Washington corporation By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary QZINA SPECIALTY FOODS, INC. A Florida corporation By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE OF FLORIDA, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE PASTRY DIVISION, INC. By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE WEST COAST, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE, INC. By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE GREAT STEAKHOUSE STEAKS, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE MIDWEST, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary THE CHEF’S WAREHOUSE MID-ATLANTIC, LLC By /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: General Counsel and Corporate Secretary JEFFERIES FINANCE LLC, individually as a Lender, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: and as Collateral Agent By /s/ Xxxxxx X. Xxxxxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxxxxx Xxxxx Xxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a SCHEDULE 2.01(A) TERM COMMITMENT SCHEDULE Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Term Commitment Jefferies Finance LLC $305,000,000 Total $305,000,000 SCHEDULE 2.01(B) DDTL COMMITMENT SCHEDULE Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR DDTL Commitment Jefferies Finance LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:$50,000,000 Total $50,000,000
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.XXXXXXX ENERGY CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIRSEP HOLDINGS III, L.L.C.LLC, a Florida Delaware limited liability company XX XXXXXXX LLC, a Delaware limited liability company SN COTULLA ASSETS, LLC, a Texas limited liability company By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Senior Vice President and – Chief Executive Financial Officer ACKNOWLEDGED for the purposes stated in Section 6: GUARANTORS: SN OPERATING, LLC, a Texas limited liability company SN TMS, LLC, a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Senior Vice President – Chief Financial Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCROYAL BANK OF CANADA, as Administrative Agent By: Dymas Capital Management Company/s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Manager, LLC, its Manager Agency LENDERS: ISSUING BANK AND LENDER: ROYAL BANK OF CANADA By: /s/ Xxxxxx Xxxx Xxxxxxx, Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxx Xxxxxxxx /s/ Xxxxxxx Xxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxx Title: Authorized Signatory Authorized Signatory COMPASS BANK By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Vice President SUNTRUST BANK By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President ING CAPITAL LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxx X. Xxxxxxx Name: Xxxxxx Xxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender IBERIABANK By: /s/ Xxxxxxxx W. Xxxxx Xxxxxxx Name: Xxxxxxxx W. Xxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCExecutive Vice President UNION BANK, as a Lender N.A. By: /s/ Haylee Dallas Name: Haylee Dallas Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Vice President SOCIÉTÉ GENÉRALÉ By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS Name of January 25Lender Applicable Percentage Before Fourth Amendment Effective Date Applicable Percentage on and After Fourth Amendment Effective Date Maximum Credit Amount Before Fourth Amendment Effective Date Maximum Credit Amount on and After Fourth Amendment Effective Date Royal Bank of Canada 15.0000000 % 13.000000000 $ 78,571,428.56 $ 66,666,666.67 Capital One, 2008 DESIGNATED DEFAULTS NoneNational Association 15.7142857 % 13.333333333 $ 78,571,428.56 $ 66,666,666.67 SunTrust Bank 8.0000000 % 11.666666667 $ 42,857,142.86 $ 58,333,333.34 Compass Bank 8.0000000 % 11.666666667 $ 42,857,142.86 $ 58,333,333.34 Credit Suisse AG, except:Cayman Islands Branch 8.5714286 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 ING Capital LLC 8.5714286 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 Branch Banking and Trust Company 8.5714286 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 IBERIABANK 8.0000000 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 Union Bank, N.A. 8.0000000 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 Sociètè Genèralè 8.5714286 % 8.333333333 $ 42,857,142.86 $ 41,666,666.67 TOTAL 100 % 100 % $ 500,000,000.00 $ 500,000,000.00
Appears in 1 contract
BORROWERS. BODY SHOP FRED’S, INC., a Tennessee corporation, as “Borrower Agent” and a “Borrower” By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Chief Financial Officer [CORPORATE SEAL] FRED’S STORES OF AMERICATENNESSEE, INC., a Delaware corporation, as a “Borrower” By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Chief Financial Officer [CORPORATE SEAL] NATIONAL PHARMACEUTICAL NETWORK, INC., a Florida corporation corporation, as a “Borrower” By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx Title: President and Chief Executive Financial Officer CATALOGUE VENTURES[CORPORATE SEAL] XXXXXX-XXXX DRUG STORE, INC., a Florida corporation Tennessee corporation, as a “Borrower” By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx Title: Chief Executive Financial Officer GUARANTORS[CORPORATE SEAL] [Signatures continue on following pages.] Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) GUARANTOR: BODY CENTRAL ACQUISITION CORP000 X. XXXX OPP, LLC, a Delaware limited liability company, as a “Guarantor” By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Chief Financial Officer [SEAL] [Signatures continue on following pages.] Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) ADMINISTRATIVE AGENT: REGIONS BANK, as “Administrative Agent” By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director CO-COLLATERAL AGENTS: REGIONS BANK, as a “Co-Collateral Agent” By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) BANK OF AMERICA, N.A., as a “Co-Collateral Agent” By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) LENDERS: REGIONS BANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) BANK OF AMERICA, N.A. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) SCHEDULE 1 Commitments Lender Revolving Commitment Regions Bank $ 48,750,000.00 Bank of America, N.A. $ 48,750,000.00 SCHEDULE 2 Commercial Tort Claims None. SCHEDULE 3 Investment Property Securities Accounts None. Securities Fred’s, Inc. Name and Address of Securities Issuer: Metlife Trust Interests Type of Equity Interest Evidenced by Such Securities: Shares held at Computershare (transfer agent for Metlife) Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: Fred’s Stores of Tennessee, Inc., a Delaware corporation ByType of Equity Interest Evidenced by Such Securities: /s/ Xxxxxx X. Common Stock Certificated or Uncertificated: Certificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Replacement Stock Certificate for 1,641 shares of Common Stock, $0.001 par value per share Name and Address of Securities Issuer: National Equipment Management and Leasing, Inc., a Tennessee corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Fred’s Stores of Tennessee, Inc. Name and Address of Securities Issuer: Xxxxxx-Xxxx NameDrug Store, Inc., a Tennessee corporation Type of Equity Interest Evidenced by Such Securities: Xxxxxx X. Xxxx TitleCommon Stock Certificated or Uncertificated: President Certificated If Certificated, Certificate Numbers, and Chief Executive Officer RINZI AIRNumber of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Stock Certificate No. 5 for 500 shares of Common Stock, L.L.C.no par value per share Name and Address of Securities Issuer: National Pharmaceutical Network, Inc., a Florida corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: Summit Properties-Jacksboro, LLC, an Arkansas limited liability company ByType of Equity Interest Evidenced by Such Securities: /s/ Xxxxxx X. Xxxx NameMembership Interests Certificated or Uncertificated: Xxxxxx X. Xxxx TitleUncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: President Name and Chief Executive Officer ADMINISTRATIVE AGENTAddress of Securities Issuer: DYMAS FUNDING COMPANYSummit Properties-Bridgeport, LLC, as Administrative Agent Byan Arkansas limited liability company Type of Equity Interest Evidenced by Such Securities: Dymas Capital Management CompanyMembership Interests Certificated or Uncertificated: Uncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: 505 N. Main, LLC, its Manager Bya Delaware limited liability company Type of Equity Interest Evidenced by Such Securities: /s/ Xxxxxx X. Xxxxxxx NameMembership Interests Certificated or Uncertificated: Xxxxxx X. Xxxxxxx TitleUncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Commodity Accounts None. Promissory Notes, as a Lender By: Xxxxxxxxx Financial LLCEvidences of Indebtedness, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCand Other Instruments None. Leases, as a Lender By: NewStar FinancialSecurity Agreements, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS and Other Chattel Paper None, except:. SCHEDULE 4 Real Estate
Appears in 1 contract
Samples: Forbearance Agreement (Freds Inc)
BORROWERS. BODY SHOP OF AMERICA, INCSKYMILES IP LTD., a Florida corporation Cayman Islands exempted company with limited liability By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: Vice President and Chief Executive Officer CATALOGUE VENTURESTreasurer DELTA AIR LINES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx XX Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx XX Title: Vice President and Chief Executive Officer RINZI AIR, L.L.C.Treasurer GUARANTORS: SKY MILES HOLDINGS LTD., a Florida Cayman Islands exempted company with limited liability company By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: Vice President and Chief Executive Officer ADMINISTRATIVE AGENTTreasurer SKYMILES IP HOLDINGS LTD., a Cayman Islands exempted company with limited liability By: DYMAS FUNDING COMPANY/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President and Treasurer [TERM LOAN CREDIT AND GUARANTY AGREEMENT] SKYMILES IP FINANCE LTD., LLCa Cayman Islands exempted company with limited liability By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President and Treasurer [TERM LOAN CREDIT AND GUARANTY AGREEMENT] BARCLAYS BANK PLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxx Xxxxxx X. Xxxxxxx Name: Xxx Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.BARCLAYS BANK PLC, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxx Name: Xxxxxxxxxxx Xxx Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCU.S. BANK NATIONAL ASSOCIATION, as a Lender By: NewStar Financial, Inc., its Designated Manager Collateral Administrator By: /s/ P. J. Xxxxx Xxxxxxxxx Xxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. J. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:President
Appears in 1 contract
Samples: Term Loan Credit and Guaranty Agreement (Delta Air Lines, Inc.)
BORROWERS. BODY SHOP OF AMERICAUNITED AGRI PRODUCTS CANADA INC., as Canadian Borrower By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President & Secretary UNITED AGRI PRODUCTS, INC., as a Florida corporation U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxx Name: Xxxxxx X. Xxxx Xxxx Title: President Vice President, Secretary and Chief Executive Officer CATALOGUE VENTURESGeneral Counsel UAP DISTRIBUTION, INC., as a Florida corporation U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxx Name: Xxxxxx X. Xxxx Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPVice President and Secretary LOVELAND PRODUCTS, INC., as a Delaware corporation U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxx Name: Xxxxxx X. Xxxx Xxxx Title: Vice President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company Secretary Second Amended and Restated Credit Agreement CREDIT PARTIES: UAP HOLDING CORP. By: /s/ Xxxxxx X. Xxxx Xxxx Name: Xxxxxx X. Xxxx Xxxx Title: Vice President, Secretary and General Counsel LOVELAND INDUSTRIES, INC. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President & Secretary PLATTE CHEMICAL CO. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President & Secretary SNAKE RIVER CHEMICALS, INC. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President & Secretary TRANSBAS, INC. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President & Secretary UAP TIMBERLAND, LLC By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President and Chief Executive Officer ADMINISTRATIVE AGENTSecretary Second Amended and Restated Credit Agreement GENERAL ELECTRIC CAPITAL CORPORATION, as Agent, an L/C Issuer and a Lender By: DYMAS FUNDING /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Its Duly Authorized Signatory GE CANADA FINANCE HOLDING COMPANY, LLC, as Administrative Canadian Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Xxxx X. Xxxxxxx Name: Xxxxxx Xxxx X. Xxxxxxx Title: Senior Vice President, GE Canada Finance Holding Company Second Amended and Restated Credit Agreement XXXXXXX XXXXX CREDIT PARTNERS L.P., as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director LENDERSc/o Goldman, Sachs & Co. 00 Xxxxxx Xxxxxx, 17th Floor Jersey City, New Jersey 07302 Attn: XXXXXXXXX FINANCIAL CAYMAN LTDSBD Operations Xxxxx Xxxxxxx Fax: 000-000-0000 With a copy to: Xxxxxxx Xxxxx Credit Partners L.P. 0 Xxx Xxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxxx Xxxxxx Fax: 000-000-0000 Second Amended and Restated Credit Agreement DEERE CREDIT, INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxxx Title: Managing Director NEWSTAR SHORTSenior Account Credit Manager 0000 XX 00xx Xxxxxx X.X. Xxx 0000 Xxxx. 000 Xxxxxxx, Iowa 50131 Attn: Xxxxxxx Xxxxxxx Fax: 000-TERM FUNDING LLC000-0000 Second Amended and Restated Credit Agreement PNC BANK NATIONAL ASSOCIATION, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxx Name: NewStar Financial Xxxxx Xxxxxx Title: Managing Director NEWSTAR LLC 2005Vice President 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxxx Fax: 000-1000-0000 Second Amended and Restated Credit Agreement BANK OF AMERICA, N.A., as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Xxxx Xxxxxx Name: NewStar Financial Xxxx Xxxxxx Title: Managing Director A3 FUNDING LPVP-Sr Client Manager Bank of America Business Capital 000 Xxxxxxx Xxxxxx 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxxx VP-Sr Client Manager Fax: (000)-000-0000 Second Amended and Restated Credit Agreement COOPERATIVE CENTRALE RAIFFEISEN-BOERELEENBANK B.A., “RABOBANK INTERNATIONAL” NEW YORK BRANCH, as a Lender By: A3 Fund Management LLC, its General Partner /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Executive Director By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxxx Title: Vice President A4 FUNDING LPAssociate General Counsel c/o Rabobank International 000 X. Xxxxxx Drive, Suite 2100 Chicago, Illinois 60606 Attn: Xxxx X. Xxxxxx Executive Director Phone: 000-000-0000 Fax: 000-000-0000 Second Amended and Restated Credit Agreement XXXXXXX XXXXX CAPITAL, A DIVISION OF XXXXXXX XXXXX BUSINESS FINANCIAL SERVICES INC., as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxxx Title: Vice President ABLECO 000 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxxx Vice President Phone: 000-000-0000 Fax: 000-000-0000 Second Amended and Restated Credit Agreement UBS LOAN FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxxxxx Xxxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKDirector By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxxxx, XX 00000 Attn: Xxxxxx Xxxxxx Fax: 000-000-0000 Second Amended and Restated Credit Agreement BANK OF MONTREAL, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxx Xxxxxxxxx Name: Xxxxxxxx Xxxxx Xxx Xxxxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender Vice President By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: EXHIBIT V. P. 000 Xxxx Xxxxxx, 0X Xxxxxxx, Xxxxxxxx 00000 Attn: Xxxxx Xxxxxxxx Account Administrator Fax: 000-000-0000 Second Amended and Restated Credit Agreement ANNEX A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:to CREDIT AGREEMENT
Appears in 1 contract
Samples: Credit Agreement (Uap Holding Corp)
BORROWERS. BODY SHOP OF AMERICAGXXXX CAPITAL BDC 4, INC., a Florida Maryland corporation By: /s/ Xxxxxx Cxxxxxxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx Cxxxxxxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.GXXXX CAPITAL BDC 4 FUNDING LLC, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx Cxxxxxxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx Cxxxxxxxxxx X. Xxxx Xxxxxxx Title: President Chief Financial Officer PNC - Gxxxx BDC 4 - Fifth Amendment to Revolving Credit and Chief Executive Officer Security Agreement ADMINISTRATIVE AGENTAGENT AND LENDER: DYMAS FUNDING COMPANYPNC BANK, LLCNATIONAL ASSOCIATION, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as and a Lender By: /s/ Alexander J, Xxxxxxxx Lxxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Lxxxxxxx Xxxxxx Title: Senior Executive Vice President NATIONAL CITY BANKPNC - Gxxxx BDC 4 - Fifth Amendment to Revolving Credit and Security Agreement STRUCTURING AGENT: PNC CAPITAL MARKETS, LLC, as a Lender Structuring Agent By: /s/ Xxxxxxxx Xxxxx Lxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxx Lxxxxxxx Xxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Managing Director PNC - Gxxxx BDC 4 - Fifth Amendment to Revolving Credit and Security Agreement Annex A [Attached] EXECUTION VERSION ANNEX A TO FOURTHFIFTH AMENDMENT CONFORMED CREDIT AGREEMENT REVOLVING CREDIT AND SECURITY AGREEMENT GXXXX CAPITAL BDC 4, INC., and GXXXX CAPITAL BDC 4 FUNDING LLC, as Borrowers, and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, Collateral Agent and a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT and PNC CAPITAL MARKETS LLC, as Structuring Agent Dated as of January 25July 8, 2008 DESIGNATED DEFAULTS None, except:2022 TABLE OF CONTENTS Page
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Golub Capital BDC 4, Inc.)
BORROWERS. BODY SHOP OF AMERICALUMBER LIQUIDATORS, INC., as Lead Borrower and as a Florida corporation Borrower By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Title: President Interim Chief Financial Officer and Chief Executive Officer CATALOGUE VENTURESTreasurer LUMBER LIQUIDATORS SERVICES, LLC, as a Borrower By: LUMBER LIQUIDATORS, INC., a Florida corporation its Manager By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Title: Interim Chief Executive Financial Officer and Treasurer GUARANTORS: BODY CENTRAL ACQUISITION CORPLUMBER LIQUIDATORS HOLDINGS, INC., as Parent and as a Delaware corporation Guarantor By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxxxx, Xx. Title: President and Interim Chief Executive Financial Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY134 LUMBER LIQUIDATORS LEASING, LLC, as Administrative Agent a Guarantor By: Dymas Capital Management CompanyLUMBER LIQUIDATORS, INC., its Manager By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxx, Xx. Title: Interim Chief Financial Officer and Treasurer LUMBER LIQUIDATORS PRODUCTION, LLC, as a Guarantor By: LUMBER LIQUIDATORS, SERVICES, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDLUMBER LIQUIDATORS, INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral its Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxxx, Xx. Title: Managing Director NEWSTAR SHORT-TERM FUNDING Interim Chief Financial Officer and Treasurer LUMBER LIQUIDATORS FOREIGN HOLDINGS, LLC, as a Lender Guarantor By: NewStar FinancialLUMBER LIQUIDATORS HOLDINGS, Inc.INC., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxxx X. Xxxxxxx, Xx. Name: NewStar Financial Xxxxxxx X. Xxxxxxx, Xx. Title: Managing Director NEWSTAR LLC 2005-1Interim Chief Financial Officer 135 LUMBER LIQUIDATORS FOREIGN OPERATIONS LLC, as a Lender Guarantor By: NewStar FinancialLUMBER LIQUIDATORS, Inc.FOREIGN HOLDINGS, LLC, its Sole Member Manager By: LUMBER LIQUIDATORS HOLDINGS, INC., its Manager By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxxx X. Xxxxxxx, Xx. Name: NewStar Financial Xxxxxxx X. Xxxxxxx, Xx. Title: Managing Director A3 FUNDING LPInterim Chief Financial Officer BANK OF AMERICA, N.A., as a Lender By: A3 Fund Management LLC, its General Partner Agent By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Vice President A4 FUNDING LP137 BANK OF AMERICA, N.A., as a Lender, as L/C Issuer, and as Swing Line Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Xxxxxx Title: Vice President ABLECO FINANCE LLC138 XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKDirector 139 EXHIBIT A-1 Form of Committed Loan Notice COMMITTED LOAN NOTICE Date: ____________________ To: Bank of America, N.A., as Agent Ladies and Gentlemen: Reference is made to the Third Amended and Restated Credit Agreement dated as of August 17, 2016 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) by and among (i) Lumber Liquidators, Inc., a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDelaware corporation (the “Lead Borrower”), (ii) the other Borrowers party thereto from time to time, (iii) the Guarantors party thereto from time to time, (iv) Bank of America, N.A., as administrative agent and collateral agent (in such capacities, the “Agent”) for its own benefit and the benefit of the other Credit Parties referred to therein, and (v) the lenders from time to time party thereto (individually, a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated “Lender” and, collectively, the “Lenders”). All capitalized terms used herein and not otherwise defined shall have the same meaning herein as of January 25, 2008 DESIGNATED DEFAULTS None, except:in the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)
BORROWERS. BODY SHOP OF AMERICADREAMS, INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx NameBy: Xxxxxx X. Xxxx TitleXxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Chief Financial Officer [CORPORATE SEAL] DREAMS FRANCHISE CORPORATION By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Vice President and Chief Executive Officer CATALOGUE VENTURES[CORPORATE SEAL] DREAMS PRODUCTS, INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Vice President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company [CORPORATE SEAL] DREAMS RETAIL CORPORATION By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management CompanyXxxxx Xxxxxx, LLCSecretary Xxxxxxx Xxxxxxx, Vice President [CORPORATE SEAL] DREAMS PARAMUS, LLC By: Dreams Retail Corporation, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLCXxxxx Xxxxxx, its General Partner Secretary Xxxxxxx Xxxxxxx, Vice President [SEAL] DREAMS / PRO SPORTS, INC. By: /s/ Alexander JBy: Xxxxx Xxxxxx, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Secretary Xxxxxxx Xxxxxxx, Vice President A4 FUNDING LP, as a Lender [CORPORATE SEAL] FANSEDGE INCORPORATED By: A4 Fund ManagementBy: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Vice President [CORPORATE SEAL] RIOFOD, L.P. By: Dreams, Inc., its General Partner By: /s/ Alexander JBy: Xxxxx Xxxxxx, Xxxxxxxx NameSecretary Xxxxxxx Xxxxxxx, Chief Financial Officer [SEAL] [Signatures continue on following page.] Revolver Note CAEFOD, L.P. By: Xxxxxxxxx X. Xxxxxxxx TitleDreams, Inc., its General Partner By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Chief Financial Officer [SEAL] SWFOD, L.P. By: Dreams, Inc., its General Partner By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Chief Financial Officer [SEAL] STARSLIVE365, LLC By: Dreams, Inc., its Manager By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Chief Financial Officer [SEAL] 365 LAS VEGAS, L.P. By: Dreams, Inc., its General Partner By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Chief Financial Officer [SEAL] THE XXXXXX ORGANIZATION, INC. By: By: Xxxxx Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Vice President ABLECO FINANCE [CORPORATE SEAL] Revolver Note EXHIBIT B FORM OF NOTICE OF BORROWING [ ], [20__] REGIONS BANK Regions Bank 000 Xxxxxxxxx Xx. XX Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attn: Dreams Loan Administration Ladies and Gentlemen: This Notice of Borrowing is delivered pursuant to Section 2.5 of that certain Loan and Security Agreement dated July ____, 2010 (as the same may be amended, restated, supplemented, or otherwise modified from time to time, the “Loan Agreement”), by and among Dreams, Inc., a Utah corporation (“Parent”), Dreams Franchise Corporation, a California corporation (“Dreams Franchise”), Dreams Products, Inc., a Utah corporation (“Dreams Products”), Dreams Retail Corporation, a Florida corporation (“Dreams Retail”), Dreams Paramus, LLC, a Florida limited liability company (“Dreams Paramus”), Dreams / Pro Sports, Inc., a Florida corporation (“Pro Sports”), Fansedge Incorporated, a Delaware corporation (“Fansedge”), RIOFOD, L.P., a Nevada limited partnership (“RIOFOD”), CAEFOD, L.P., a Nevada limited partnership (“CAEFOD”), SWFOD, L.P., a Nevada limited partnership (“SWFOD”), StarsLive365, LLC, a Nevada limited liability company (“StarsLive”), 365 Las Vegas, L.P., a Nevada limited partnership (“365 Las Vegas”), and The Xxxxxx Organization, Inc., a Florida corporation (“Xxxxxx Organization”; Parent, Dreams Franchise, Dreams Products, Dreams Retail, Dreams Paramus, Pro Sports, Fansedge, RIOFOD, CAEFOD, SWFOD, StarsLive, 365 Las Vegas, and Xxxxxx Organization are collectively referred to herein as a Lender By: /s/ Alexander J“Borrowers” and individually as “Borrower”), Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANKand Regions Bank (“Lender”). Capitalized terms used herein shall have the meanings given such terms in the Loan Agreement. Borrower Agent hereby gives you notice, irrevocably, pursuant to Section 2.5 of the Loan Agreement, that Borrowers hereby request the following Loan(s) be made under the Loan Agreement and, in that regard, sets forth below the information relating to such Loan (the “Proposed Borrowing”), as required by Section 2.5 of the Loan Agreement: FOR A REVOLVING LOAN: Type of Loan Principal Amount Date Loan to Be Made [Interest Period (if LIBOR)] LIR Loan Apply the proceeds of this Loan as follows: Name of Bank: [ ] Account Name:[ ] Account Number: [ ] ABA Routing Number: [ ] Reference: [ ] Borrower Agent requests that the proceeds of the Proposed Borrowing be applied in the manner set forth on Exhibit A, attached hereto and made a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCpart hereof. Borrower Agent hereby certifies that the following statements are true on the date hereof, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as and will be true on the date of January 25, 2008 DESIGNATED DEFAULTS None, exceptthe Proposed Borrowing:
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAODYSSEY HEALTHCARE OPERATING A, INC., a Florida corporation LP By: /s/ Xxxxxx X. Xxxx NameOdyssey HealthCare GP, LLC Its: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx :___________________________________ Name: Xxxxxxxxx Xxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY BANKand Chief Financial Officer ODYSSEY HEALTHCARE OPERATING B, LP By: Odyssey HealthCare GP, LLC Its: General Partner By:___________________________________ Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer HOSPICE OF THE PALM COAST, INC. By:___________________________________ Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer AGENT AND LENDERS: GENERAL ELECTRIC CAPITAL CORPORATION, as a Agent and Lender By:______________________________________ Duly Authorized Signatory Odyssey Credit Agreement - Borrower and Agent Signature Page The following Persons are signatories to this Agreement in their capacity as Credit Parties and not as Borrowers. ODYSSEY HEALTHCARE, INC. By_________________________________________ Its: /s/ Xxxxxxxx Xxxxx NameSenior Vice President and Chief Financial Officer ODYSSEY HEALTHCARE HOLDING COMPANY By________________________________________ Its: Xxxxxxxx Xxxxx TitleSenior Vice President and Chief Financial Officer ODYSSEY HEALTHCARE GP, LLC By_________________________________________ Its: Portfolio Senior Vice President and Chief Financial Officer ODYSSEY HEALTHCARE LP, LLC By_________________________________________ Its: Manager CAPITALSOURCE FINANCE LLCODYSSEY HEALTHCARE MANAGEMENT, as a Lender LP By: NameOdyssey HealthCare GP, LLC Its: TitleGeneral Partner By____________________________________ Its: EXHIBIT Senior Vice President and Chief Financial Officer Odyssey Credit Agreement - Credit Party Signature Page ANNEX A (RECITALS) TO WAIVER AND THIRD AMENDMENT TO FINANCING CREDIT AGREEMENT Dated as DEFINITIONS Capitalized terms used in the Loan Documents shall have (unless otherwise provided elsewhere in the Loan Documents) the following respective meanings, and all references to Sections, Exhibits, Schedules or Annexes in the following definitions shall refer to Sections, Exhibits, Schedules or Annexes of January 25, 2008 DESIGNATED DEFAULTS None, exceptor to the Agreement:
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAFRED'S, INC., a Florida corporation Tennessee corporation, as "Borrower Agent" and a "Borrower" By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES[CORPORATE SEAL] FRED'S STORES OF TENNESSEE, INC., a Florida corporation Delaware corporation, as a "Borrower" and the "Surviving Borrower" By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer RINZI AIR[CORPORATE SEAL] FRED'S DOLLAR STORE OF XXXXXX, L.L.C.INC., a Florida limited liability company Mississippi corporation, as a "Borrower" By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY[CORPORATE SEAL] NATIONAL PHARMACEUTICAL NETWORK, LLCINC., a Florida corporation, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager a "Borrower" By: /s/ Xxxxxx Xxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxxxxx Xxxxx Title: Managing Director LENDERSPresident and Chief Executive Officer [CORPORATE SEAL] Sixth Amendment to Credit Agreement and Ratification, Reaffirmation and Assumption (Fred's) BORROWERS: XXXXXXXXX FINANCIAL CAYMAN LTDXXXXXX-XXXX DRUG STORE, INC., a Tennessee corporation, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager "Borrower" By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxxxx X. Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:President and Chief Executive Officer [CORPORATE SEAL]
Appears in 1 contract
Samples: Credit Agreement (Freds Inc)
BORROWERS. BODY SHOP OF AMERICAXXXXXXX OIL BUYERS, INC.. ANTICLINE DISPOSAL, a Florida corporation LLC BLACK HAWK GATHERING, L.L.C. CC MARINE, LLC, CENTENNIAL ENERGY, LLC CENTENNIAL GAS LIQUIDS ULC CIERRA MARINE GP, LLC, CIERRA MARINE, LP, (by Cierra Marine GP, LLC), COASTAL PLAINS DISPOSAL #1, L.L.C. GREENSBURG OILFIELD, LLC HIGH SIERRA CANADA HOLDINGS, LLC, HIGH SIERRA COMPRESSION, LLC HIGH SIERRA COTULLA SWD, LLC HIGH SIERRA CRUDE OIL & MARKETING, LLC HIGH SIERRA ENERGY, LP HIGH SIERRA ENERGY MARKETING, LLC HIGH SIERRA ENERGY OPERATING, LLC HIGH SIERRA XXXXXX SWD, LLC HIGH SIERRA XXXXX SWD, LLC, HIGH SIERRA XXXXXXXX SWD, LLC, HIGH SIERRA SERTCO, LLC HIGH SIERRA SWD OPERATOR, LLC, HIGH SIERRA SWD SHARED SERVICES, LLC HIGH SIERRA TRANSPORTATION, LLC HIGH SIERRA WATER-EAGLE FORD, LLC HIGH SIERRA WATER HOLDINGS, LLC HIGH SIERRA WATER PERMIAN, LLC, HIGH SIERRA WATER SERVICES, LLC LOTUS OILFIELD SERVICES, L.L.C. MIDSTREAM OPERATIONS L.L.C. PETRO SOURCE TERMINALS, LLC, PECOS GATHERING & MARKETING, L.L.C. THIRD COAST TOWING, LLC By: /s/ /s/Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: President Chief Financial Officer and Chief Executive Officer CATALOGUE VENTURESTreasurer SECURED PARTIES: DEUTSCHE BANK TRUST COMPANY AMERICAS, INC., a Florida corporation as Administrative Agent and as Collateral Agent By: /s/ /s/Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President By: /s/Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Vice President DEUTSCHE BANK AG, NEW YORK BRANCH, as a Delaware corporation Lender, as Swingline Lender, as an Issuing Bank and as Technical Agent By: /s/ /s/Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Director By: /s/Xxxxxx X. Xxxx Xxxxxxx-Xxxxx Name: Xxxxxx X. Xxxx Xxxxxxx-Xxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Associate ROYAL BANK OF CANADA, as a Lender By: Xxxxxxxxx Financial LLC/s/Xxxxx X. York Name: Xxxxx X. York Title: Authorized Signatory BNP PARIBAS, as Collateral Manager a Lender and Issuing Bank By: /s/ Xxxxxxxxxxx /s/Xxxxx Xxx Name: Xxxxxxxxxxx Xxxxx Xxx Title: Managing Director NEWSTAR SHORTBy: /s/Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: Managing Director THE BANK OF TOKYO-TERM FUNDING MITSUBISHI UFJ, LTD., as Lender By: /s/Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director PNC BANK, NATIONAL ASSOCIATION, as a Lender and Issuing Bank By: /s/Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorised Signatory BMO XXXXXX BANK, N.A, as a Lender By: /s/Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Director XXXXXXX XXXXX BANK, N.A., as a Lender By: /s/Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President ABN AMRO CAPITAL USA LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx /s/Xxxxxxx Xxxxxx Name: NewStar Financial Xxxxxxx Xxxxxx Title: Managing Director NEWSTAR LLC 2005-1By: /s/Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Director BANK OF AMERICA, N.A., as a Lender and as an Issuing Bank By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx /s/Xxxxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx /s/Xxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector UBS AG, STAMFORD BRANCH, as a Lender By: /s/Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Associate Director By: /s/Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director AMEGY BANK NATIONAL ASSOCIATION, as of January 25a Lender By: /s/Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senor Vice President COMMERCE BANK, 2008 DESIGNATED DEFAULTS NoneN.A., except:as a Lender By: /s/C. T. Young Name: C. T. Young Title: Senor Vice President XXXXXXX XXXXX BANK USA, as a Lender By: /s/Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory MACQUARIE BANK LIMITED, as a Lender By: /s/Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Executive Director By: /s/Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Associate Director HSBC BANK USA, NA, as a Lender By: /s/Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Senior Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAINTERLINE BRANDS, INC., a Florida New Jersey corporation By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESVice President, General Counsel & Secretary WILMAR HOLDINGS, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx Xxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxx X. Xxxx Xxxxx Title: President and Chief Executive Financial Officer RINZI AIRWILMAR FINANCIAL, L.L.C.INC., a Florida Delaware corporation By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Chief Financial Officer Signature Page to Credit Agreement OTHER LOAN PARTIES/LOAN GUARANTORS: INTERLINE BRANDS, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President, General Counsel & Secretary GLENWOOD ACQUISITION LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Xxxxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTCorporate Secretary AGENTS AND LENDERS: DYMAS FUNDING COMPANYBANK OF AMERICA, LLCN.A., individually, as Administrative Agent By: Dymas Capital Management CompanyAgent, LLCIssuing Bank, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as Swingline Lender and a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxx X. Xxxxx Name: Xxxxxxxxxxx Xxx Xxxx X. Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE XXXXXXX XXXXX LENDING PARTNERS LLC, as a Lender By: /s/ Alexander JXxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Director U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxxxxxx Xxxxx Xxxxxxxx Title: Assistant Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President TD BANK, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President NATIONAL CITY REGIONS BANK, as a Lender By: /s/ Xxxxxxxx Xxxxxxxxx X. Xxxxx Name: Xxxxxxxx Xxxxxxxxx X. Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Vice President COMMITMENT SCHEDULE Lender Commitment Bank of January 25America, 2008 DESIGNATED DEFAULTS NoneN.A. $ 60,000,000 Xxxxx Fargo Bank, except:National Association $ 40,000,000 KeyBank National Association $ 40,000,000 U.S. Bank National Association $ 37,500,000 TD Bank, N.A. $ 37,500,000 Regions Bank $ 22,500,000 Xxxxxxx Sachs Lending Partners LLC $ 20,000,000 Barclays Bank PLC $ 17,500,000 Total $ 275,000,000.00 124 Schedule 1.01 SPECIFIED PROPERTIES
Appears in 1 contract
Samples: Intercreditor Agreement (Interline Brands, Inc./De)
BORROWERS. BODY SHOP OF AMERICAKIDS LINE, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.LLC, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx Mxxx X. Xxxx Xxxxxxxx Name: Xxxxxx Mxxx X. Xxxx Xxxxxxxx Title: Senior Vice President and Chief Executive Officer General Counsel SASSY, INC., an Illinois corporation By: /s/ Mxxx X. Xxxxxxxx Name: Mxxx X. Xxxxxxxx Title: Senior Vice President and General Counsel COMPANY: RXXX XXXXXX AND COMPANY, INC., a New Jersey corporation, as Loan Party Representative under the Credit Agreement, and as the Company under the Pledge Agreement By: /s/ Mxxx X. Xxxxxxxx Name: Mxxx X. Xxxxxxxx Title: Senior Vice President and General Counsel ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCLASALLE BANK NATIONAL ASSOCIATION, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Pxxxx X. Xxxxxxx Name: Xxxxxx Pxxxx X. Xxxxxxx Title: Managing Director First Vice President LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD./ISSUING LENDER LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: Xxxxxxxxx Financial LLC, and as Collateral Manager Issuing Lender By: /s/ Xxxxxxxxxxx Xxx Pxxxx X. Xxxxxxx Name: Xxxxxxxxxxx Xxx Pxxxx X. Xxxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: First Vice President A4 FUNDING LPXXXX XX XXXXXXX, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Wxxxxxx X. Xxxxxx Name: Xxxxxxxxx Wxxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President NATIONAL CITY SOVEREIGN BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Cxxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxx Cxxxxxxxx Xxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Jxxxx Xxxxxxxxxx Name: Jxxxx Xxxxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION, as of January 25a Lender By: /s/ Rxxxxxx X. Xxxx Name: Rxxxxxx X. Xxxx Title: Duly Authorized Signatory JPMORGAN CHASE BANK, 2008 DESIGNATED DEFAULTS NoneN.A., except:as successor by assignment to THE BANK OF NEW YORK, as a Lender By: /s/ Sxxxx X. Xxxxxx Name: Sxxxx X. Xxxxxx Title: Vice President
Appears in 1 contract
Samples: Credit Agreement and Pledge Agreement (Russ Berrie & Co Inc)
BORROWERS. BODY SHOP OF AMERICA, INC.SKY HOLDINGS AZ LLC, a Florida corporation Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC.Xxxxxx Assistant Secretary TERRACE HOLDINGS AZ LLC, a Florida corporation Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Xxxxxx X. Xxxx TitleXxxxxx Assistant Secretary ENSIGN HIGHLAND LLC, a Nevada limited liability company By: Chief Executive Officer GUARANTORSThe Ensign Group, Inc., a Delaware corporation, its sole member By: BODY CENTRAL ACQUISITION CORP./s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary VALLEY HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member and manager By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary PLAZA HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member and manager By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary RILLITO HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary MOUNTAINVIEW COMMUNITY CARE LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary MEADOWBROOK HEALTH ASSOCIATES LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary CEDAR AVENUE HOLDINGS LLC, a Nevada a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary GRANADA INVESTMENTS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary GOLFVIEW HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary ARROW TREE HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary XXXXXXXXX HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary ENSIGN BELLFLOWER LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary ANSON HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary XXXXXXXXXX HEALTH HOLDINGS LLC, a Nevada limited liability company By: The Ensign Group, Inc., a Delaware corporation, its sole member By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Assistant Secretary EXECUTED as of the date first written above. LENDER: GECC: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: /s/ Xxxxx Xxxxxx X. Xxxx Name: Xxxxx Xxxxxx X. Xxxx TitleIts: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Duly Authorized Signatory EXHIBIT A-1 Ten Project Borrowers Borrower Project Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:
Appears in 1 contract
Samples: Loan Agreement (Ensign Group, Inc)
BORROWERS. BODY SHOP OF AMERICAXXXX-XXXXX STORES, INC., as the Administrative Borrower and a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President XXXX-XXXXX SUPERMARKETS, INC. XXXX-XXXXX XXXXXXXXXX, INC. XXXX-XXXXX PROCUREMENT, INC. XXXX-XXXXX XXXXXXX, INC., each as a Borrower By: Name: Xxxxxxx X. Xxxxxxxx Title: Vice President XXXX-XXXXX PROPERTIES, LLC XXXX-XXXXX STORES LEASING, LLC XXXX-XXXXX XXXXXXX LEASING, LLC XXXX-XXXXX XXXXXXXXXX LEASING, LLC XXXX-XXXXX WAREHOUSE LEASING, LLC, each as a Borrower By: Name: Xxxxxxxx X. Xxxxx Title: Vice President AGENT AND LENDERS: WACHOVIA BANK, NATIONAL CITY BANKASSOCIATION, as Administrative Agent and a Lender By: Name: Title: BANK OF AMERICA, NA, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: Name: Title: GMAC COMMERCIAL FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated CITIBANK, NA, as of January 25a Lender By: Name: Title: XXXXX FARGO FOOTHILL, 2008 DESIGNATED DEFAULTS NoneLLC, exceptas a Lender By: Name: Title: STATE OF CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, as a Lender By: Name: Title: NATIONAL CITY BUSINESS CREDIT, INC., as a Lender By: Name: Title: UBS LOAN FINANCE LLC, as a Lender By: Name: Title: BURDALE FINANCIAL LIMITED, as a Lender By: Name: Title: HSBC BUSINESS CREDIT (USA) INC., as a Lender By: Name: Title: ISRAEL DISCOUNT BANK OF NEW YORK, as a Lender By: Name:
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAWXXXXXX, INC., a Florida corporation Delaware corporation, individually, as a Borrower and as Funds Administrator By: /s/ Xxxxxx Kxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: President and Chief Executive Financial Officer CATALOGUE VENTURESPRINCE, INC., as a Florida corporation Borrower By: /s/ Xxxxxx Kxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPPresident WXXXXXX OF MISSISSIPPI, INC., as a Delaware corporation Borrower By: /s/ Xxxxxx Kxxxx X. Xxxx NameXxxxxxxx Title: Xxxxxx Vice President CARPET RECYCLING OF GEORGIA, INC., as a Borrower By: /s/ Kxxxx X. Xxxx Xxxxxxxx Title: Vice President ALG, INC., as a Borrower By: /s/ Kxxxx X. Xxxxxxxx Title: President and Chief Executive Officer RINZI AIRFIBER INDUSTRIES, L.L.C.INC., as a Florida limited liability company Borrower By: /s/ Xxxxxx Kxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Vice President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYPTA RESOURCES, LLC, as Administrative a Borrower By: /s/ Kxxxx X. Xxxxxxxx Title: President AGENT: DEUTSCHE BANK TRUST COMPANY AMERICAS, as Agent and Collateral Agent By: Dymas Capital Management Company, LLC, its Manager /s/ MargueriteSutton Title: Director By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Dxxxx J. Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxxxxxxxx Xxx NameMxxxxxxxxx Xxxxxx Title: Xxxxxxxxxxx Xxx Director By: /s/ Dxxxx J. Xxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Director
Appears in 1 contract
Samples: Credit Agreement (Wellman Inc)
BORROWERS. BODY SHOP OF AMERICACOFFEYVILLE RESOURCES, INC.LLC COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, a Florida corporation LLC COFFEYVILLE RESOURCES REFINING & MARKETING, LLC COFFEYVILLE RESOURCES TERMINAL, LLC COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC By: /s/ Xxxxxx XXXXXX X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERSChief Executive Officer OTHER CREDIT PARTIES: XXXXXXXXX FINANCIAL CAYMAN LTD.COFFEYVILLE PIPELINE, INC. COFFEYVILLE REFINING & MARKETING, INC. COFFEYVILLE NITROGEN FERTILIZERS, INC. COFFEYVILLE CRUDE TRANSPORTATION, INC. COFFEYVILLE TERMINAL, INC. COFFEYVILLE GROUP HOLDINGS, LLC COFFEYVILLE RESOURCES PIPELINE, LLC COFFEYVILLE RESOURCES MANAGEMENT, INC. CL JV HOLDINGS, LLC By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Chief Executive Officer CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch, as Sole Bookrunner, Sole Lead Arranger, Syndication Agent, Documentation Agent, Term Agent and a Lender By: /s/ XXXX X'XXXX Name: Xxxx X'Xxxx Title: Director By: /s/ XXXXXXXXX XXXXXXX Name: Xxxxxxxxx Financial Xxxxxxx Title: Associate CONGRESS FINANCIAL CORPORATION (SOUTHWEST), as Administrative Agent and a Lender By: /s/ [illegible] Duly Authorized Signatory SIEMENS FINANCIAL SERVICES, INC. By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Vice President—Credit AMALGAMATED BANK By: /s/ XXXXX XXXXXXXX Name: Xxxxx Xxxxxxxx Title: Vice President WHITEHORSE I, LTD By: /s/ XXX XXXXXXX Name: Xxx Xxxxxxx Title: Portfolio Manager GMAC COMMERCIAL FINANCE LLC By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Vice President, Group Senior Risk Manager LANDMARK CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx Title: Director LANDMARK II CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx Title: Director LANDMARK III CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx Title: Director LANDMARK IV CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx Title: Director FIRST DOMINION FUNDING III By: /s/ XXXXX X. LEARNER Name: Xxxxx X. Learner Title: Authorized Signatory CSAM FUNDING I By: /s/ XXXXX X. LEARNER Name: Xxxxx X. Learner Title: Authorized Signatory CSAM FUNDING II By: /s/ XXXXX X. LEARNER Name: Xxxxx X. Learner Title: Authorized Signatory OPPENHIEMER SENIOR FLOATING RATE FUND By: /s/ XXXX XXXXXXX Name: Xxxx Xxxxxxx Title: Manager XXXXXXXXX CLO LTD. By: Xxxxxxxxx Capital Partners LLC as its Collateral Manager By: /s/ Xxxxxxxxxxx Xxx XXXXXXXXXXX X. XXXXX Name: Xxxxxxxxxxx Xxx X. Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender Partner XXXXXXXXX/RMF TRANSATLANTIC CDO LTD. By: NewStar Financial, Inc., Xxxxxxxxx Capital Partners LLC as its Designated Collateral Manager By: /s/ P. Xxxxx Xxxxxxxxx XXXXXXXXXXX X. XXXXX Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Partner QuickLinks Exhibit 10.6
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INTERSECTIONS INC., a Florida corporation Delaware corporation, as the Borrower Representative By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Financial Officer CATALOGUE VENTURES, INTERSECTIONS ENTERPRISES INC., a Florida corporation Delaware corporation, as a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPINTERSECTIONS HOLDINGS INC., a Delaware corporation corporation, as a Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Financial Officer RINZI AIRIISI INSURANCE SERVICES INC., L.L.C.an Illinois corporation, as a Florida limited liability company Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Financial Officer CAPTIRA ANALYTICAL, LLC, a Delaware limited liability company, as a Borrower By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer I4C INNOVATIONS INC., a Delaware corporation, as a Borrower By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, CRYSTAL FINANCIAL LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Xxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxxxxx Xxxxx Title: Managing Director TERM LENDERS: XXXXXXXXX CRYSTAL FINANCIAL CAYMAN LTD.SPV LLC, as a Term Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A AMENDMENTS TO WAIVER AND THIRD AMENDMENT TO FINANCING CREDIT AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Please see attached. EXHIBIT B AMENDED FORM OF COMPLIANCE CERTIFICATE
Appears in 1 contract
Samples: Credit Agreement (Intersections Inc)
BORROWERS. BODY SHOP OF SOLUTIA INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Assistant Treasurer SOLUTIA BUSINESS ENTERPRISES, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer GUARANTORS: ---------- AXIO RESEARCH CORPORATION, as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer XXXXXX ROAD MANAGEMENT COMPANY, as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer CPFILMS INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Assistant Treasurer MONCHEM, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer MONCHEM INTERNATIONAL, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA GREATER CHINA, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA INTER-AMERICA, INC., as a Florida corporation debtor and a debtor-in-possession By: /s/ Xxxxxx Xxxxx X. Xxxx Xxxxxxxx --------------------- Name: Xxxxxx Xxxxx X. Xxxx Xxxxxxxx Title: Vice President & Treasurer SOLUTIA INTERNATIONAL HOLDING, LLC, as a debtor and Chief Executive Officer CATALOGUE VENTURESa debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA INVESTMENTS, LLC, as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA MANAGEMENT COMPANY, INC., as a Florida corporation debtor and a debtor-in-possession By: /s/ Xxxxxx Xxxxx X. Xxxx Xxxxxxxx --------------------- Name: Xxxxxx Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA OVERSEAS, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA SYSTEMS, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer SOLUTIA TAIWAN, INC., as a debtor and a debtor-in-possession By: /s/ Xxxxx X. Xxxxxxxx --------------------- Name: Xxxxx X. Xxxxxxxx Title: Vice President & Treasurer ADMINISTRATIVE AGENT, COLLATERAL AGENT, --------------------------------------- CO-DOCUMENTATION AGENT AND A LENDER: ----------------------------------- CITICORP USA, INC., for itself as the Administrative Agent, the Collateral Agent, a Co-Documentation Agent and a Lender By: /s/ Xxxxx Xxxxx ------------------------------------- Name: Xxxxx Xxxxx Title: Vice President CO-DOCUMENTATION AGENT AND A LENDER: ----------------------------------- XXXXX FARGO FOOTHILL, LLC, for itself as a Co-Documentation Agent and a Lender By: /s/ Xxx Xxxx ------------------------------------- Name: Xxx Xxxx Title: Chief Executive Officer GUARANTORSVice President ISSUER: BODY CENTRAL ACQUISITION CORP.------ CITIBANK, N.A., as an Issuer and a Delaware corporation Lender By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx ------------------------------------- Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Vice President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company ByLENDER: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD------ CITIGROUP GLOBAL MARKETS INC., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxx Xxxxx ------------------------------------- Name: Xxxxxxxxxxx Xxx Xxxxx Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender ByAuthorized Signer LENDER: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC------ CITIGROUP FINANCIAL PRODUCTS INC., as a Lender By: /s/ Alexander J, Xxxxxxxx Xxx Xxx ------------------------------------- Name: Xxxxxxxxx X. Xxxxxxxx Xxx Xxx Title: Senior Vice President NATIONAL CITY BANKAuthorized Signatory LENDER: ------ XXX CAPITAL FUNDING L.P. By: Highland Capital Management, L.P. As Collateral Manager, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxx Xxxxxxx ------------------------------------- Name: Xxxxxxxx Xxxxx Xxxx Xxxxxxx Title: Senior Portfolio Manager CAPITALSOURCE FINANCE LLCHighland Capital Management, L.P. LENDER: ------ BANK OF AMERICA, N.A., as a Lender By: /s/ Xxx Xxxxxxx ------------------------------------- Name: Xxx Xxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:AVP LENDER: ------
Appears in 1 contract
Samples: Financing Agreement (Solutia Inc)
BORROWERS. BODY SHOP OF AMERICATIMBERLANDS II, LLC, a Delaware limited liability company By: WXXXX TIMBERLAND MANAGEMENT ORGANIZATION, LLC, a Georgia limited liability company, as Manager By: Name: Bxxxx Xxxxx Title: VP Finance WXXXX TIMBERLAND ACQUISITION, LLC, a Delaware limited liability company By: WXXXX TIMBERLAND MANAGEMENT ORGANIZATION, LLC, a Georgia limited liability company, as Manager By: Name: Bxxxx Xxxxx Title: VP Finance Amendment No. 2 to Subordinated Credit Agreement OTHER LOAN PARTIES: WXXXX TRS HARVESTING OPERATIONS, LLC, a Delaware limited liability company BY: Forest Resource Consultants, Inc., a Georgia corporation, Manager By: Name: Dxxxx Foil Title: President WXXXX TIMBERLAND REIT, INC., a Florida Maryland corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Rxxxxxx X. Xxxx Xxxxx Title: Senior Vice President and Chief Executive Officer CATALOGUE VENTURESWXXXX TIMBERLAND TRS, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Rxxxxxx X. Xxxx Xxxxx Title: Senior Vice President and Chief Executive Officer RINZI AIRWXXXX REAL ESTATE FUNDS, L.L.C.INC., a Florida limited liability company Georgia corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Rxxxxxx X. Xxxx Xxxxx Title: Vice President and Chief Executive Officer [continued on next page] WXXXX TIMBERLAND OPERATING PARTNERSHIP, L.P., a Delaware limited partnership BY: Wxxxx Timberland REIT, Inc., a Maryland corporation, its General Partner By: Name: Rxxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 2 to Subordinated Credit Agreement ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYWACHOVIA BANK, LLCNATIONAL ASSOCIATION, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Bxxxx Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPAmendment No. 2 to Subordinated Credit Agreement LENDERS: WACHOVIA BANK, as a Lender NATIONAL ASSOCIATION By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Bxxxx Xxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Amendment No. 2 to Subordinated Credit Agreement
Appears in 1 contract
Samples: Subordinated Credit Agreement (Wells Timberland REIT, Inc.)
BORROWERS. BODY SHOP THE BON-TON DEPARTMENT STORES, INC. By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary XXXXXX-XXXXX XXXXX XX, INC. By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BON-TON DISTRIBUTION, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary MCRIL, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BONSTORES REALTY ONE, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BONSTORES REALTY TWO, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary The following Persons are signatories to this Fourth Amendment to Second Amended and Restated Loan and Security Agreement in their capacity as Obligors and not as Borrowers: THE BON-TON STORES, INC. By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary THE BON-TON GIFTCO, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BONSTORES HOLDINGS ONE, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BONSTORES HOLDINGS TWO, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BANK OF AMERICA, INC.N.A., as Agent, a Florida corporation Co-Collateral Agent, a Tranche A Lender and an Existing Tranche A-1 Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Director CITIZENS BANK OF PENNSYLVANIA, as a Tranche A Lender By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President BMO XXXXXX BANK, N.A., as a Tranche A Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.FIFTH THIRD BANK, as a Tranche A Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxx X. Xxxxxxxx Name: Xxxxxxxxx Xxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPPNC BANK NATIONAL ASSOCIATION, as a Tranche A Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCSUNTRUST BANK, as a Tranche A Lender By: /s/ Alexander J, Xxxxxxxx Xxxxx Xxxxxx Name: Xxxxxxxxx Xxxxx Xxxxxx Title: Vice President TD BANK, N.A., as a Tranche A Lender By: /s/ Xxxxxx X. Xxxxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:President
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAARCHITECTURAL GRANITE & MARBLE, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT Address: c/o Trive Capital 0000 XxXxxxxx Xxxxxx, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxx Xxxx Telecopy: DOC ID - 28951967.4 92 LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC DOC ID - 28951967.4 By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: XXX XX GP, 2008 DESIGNATED DEFAULTS NoneLLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, except:LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus ICQ Levered Opportunities GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS FSBA LEVERED LLC By: ______________________________ Name: Title: CERBERUS SWC LEVERED II LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVI LP By: Cerberus PSERS GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVIII L.P. By: Cerberus LFGP XVIII, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ASRS FUNDING LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XXI L.P. By: Cerberus LFGP XXI, LLC Its: General Partner By: ______________________________ Name: Title: SCHEDULE 2.1 to Financing Agreement COMMITMENTS OF LENDERS1 Lender Initial Term Loan Commitment2 Additional Term Loan Commitment 3 Second Additional Term Loan Commitment Total Term Loan Commitment4 [__] [__] [__] [__] [__] [__] [__] [__] [__] [__] Total [__] [__] [__] [__]
Appears in 1 contract
Samples: Financing Agreement (Select Interior Concepts, Inc.)
BORROWERS. BODY SHOP OF AMERICAXXXXX CAPITAL BDC 4, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCMaryland corporation, as Administrative Agent By: Dymas Capital Management Companyan Initial Borrower, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER XXXXX CAPITAL BDC 4 FUNDING LLC, a Delaware limited liability company, as an Initial Borrower, By: Name: Title: PNC – Xxxxx BDC 4 Revolving Credit and Security Agreement Acknowledged and agreed to with respect to Section 5.4 only: INVESTMENT ADVISER: GC ADVISORS LLC, a Delaware limited liability company, as Investment Adviser By: Name: Title: PNC – Xxxxx BDC 4 Revolving Credit and Security Agreement ADMINISTRATIVE AGENT, COLLATERAL AGENT AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated LENDER: PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, Collateral Agent and a Lender, By: Name: Title: PNC – Xxxxx BDC 4 Revolving Credit and Security Agreement STRUCTURING AGENT: PNC CAPITAL MARKETS LLC, as Structuring Agent, By: Name: Title: PNC – Xxxxx BDC 4 Revolving Credit and Security Agreement Notice Information: XXXXX CAPITAL BDC 4, INC.: Chief Executive Office / Principal Place of January 25Business: Xxxxx Capital BDC 4, 2008 DESIGNATED DEFAULTS NoneInc. 000 Xxxx Xxxxxx, except:25th Floor New York, New York 10166 Notice Address (other than for service of process): Xxxxx Capital BDC 4, Inc. 000 Xxxx Xxxxxx, 25th c/x Xxxxx Capital LLC 0000 X Xxxxxx Xxxxxx, 0xx Floor New York, New York 10166 Huntersville, NC 28078 Attention: Xxxxx X. XxxxxXxxxxxxxxx Products Email: XxxxxxxxxxXxxxxxxx@xxxxxxxxxxxx.xxx With a copy to: Xxxxx Capital LLC 000 Xxxxxxx Xxxxx, Xxxxx 000 Davidson, North Carolina 28036 Attention: Xxxxxxx Xxxxxxx Email: xxxxxxxx@xxxxxxxxxxxx.xxx And: Xxxxx Xxxx LLP 000 Xxxxxxx Xxxxxxxxx Boston, Massachusetts 02210 Attention: Xxxxxx X. Xxxxxx Email: xxxxxxx@xxxxxxxxx.xxx Notice Address (for service of process): Xxxxx Capital BDC 4, Inc. c/o The Corporation Trust Incorporated 0000 Xxxx Xxxx, Xxxxx 000 Timonium, Maryland 21093 XXXXX CAPITAL BDC 4 FUNDING LLC: Chief Executive Office / Principal Place of Business: Xxxxx Capital BDC 4 Funding LLC 000 Xxxx Xxxxxx, 25th Floor New York, New York 10166 Notice Address (other than for service of process): Xxxxx Capital BDC 4 Funding LLC 000 Xxxx Xxxxxx, 25th c/x Xxxxx Capital LLC 0000 X Xxxxxx Xxxxxx, 0xx Floor New York, New York 10166 Huntersville, NC 28078 Attention: Xxxxx X. XxxxxXxxxxxxxxx Products Email: XxxxxxxxxxXxxxxxxx@xxxxxxxxxxxx.xxx With a copy to: Xxxxx Capital LLC 000 Xxxxxxx Xxxxx, Xxxxx 000 Davidson, North Carolina 28036 Attention: Xxxxxxx Xxxxxxx Email: xxxxxxxx@xxxxxxxxxxxx.xxx And: Xxxxx Xxxx LLP 000 Xxxxxxx Xxxxxxxxx Boston, Massachusetts 02210 Attention: Xxxxxx X. Xxxxxx Email: xxxxxxx@xxxxxxxxx.xxx Notice Address (for service of process): Xxxxx Capital BDC 4 Funding LLC c/o The Corporation Trust Incorporated Corporation Trust Center 0000 Xxxxxx Xxxxxx Wilmington, Delaware 19801 SCHEDULE II Lender Commitments Lender Commitment PNC Bank, National Association $ 80195,000,000 Total $ 80195,000,000 PNC Bank, National Association 00000 Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxx, Xxxxxxxxxxxx 00000Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Attention: Xxxxx XxxxxxxXxxxxxxx Xxxxxx Telephone: (00000) 000-0000 Fax: (000) 0000-000000 Email: xxxxx.xxxxxxxxxxxxxxx.xxxxxx@xxx.xxx; xxxxxxxx@xxx.xxx
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Golub Capital BDC 4, Inc.)
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation MATRIX OIL CORPORATION By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx Xxxxxx X. Xxxx TitleXxxxxx President MATRIX PIPELINE L.P. By: President and Chief Executive Officer CATALOGUE VENTURESMatrix Oil Corporation, INC., a Florida corporation its general partner By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxx Xxxxxx President MATRIX OIL MANAGEMENT CORPORATION By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Vice President MATRIX LAS CIENEGAS LIMITED PARTNERSHIP By: Matrix Oil Management Corporation, its general partner By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Vice President [SIGNATURE PAGES CONTINUE] MATRIX INVESTMENTS, L.P. By: Matrix Oil Management Corporation, its general partner By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Vice President MATRIX PERMIAN INVESTMENTS, LP By: Matrix Oil Management Corporation, its general partner By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Vice President MATRIX ROYALTY, LP By: Matrix Oil Management Corporation, its general partner By: /s/ Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx Vice President [SIGNATURE PAGES CONTINUE] 14 HOLDINGS ROYALE ENERGY HOLDINGS, INC. By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Xxxxxxx Title: Chief Executive Officer GUARANTORSROYALE: BODY CENTRAL ACQUISITION CORP.ROYALE ENERGY, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender INC. By: /s/ Xxxxxxxx Xxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCChief Executive Officer [SIGNATURE PAGES CONTINUE] 15 AGENT: ARENA LIMITED SPV, LLC as a Lender Agent By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25LENDER: ARENA LIMITED SPV, 2008 DESIGNATED DEFAULTS None, except:LLC By: Name: Title: [SIGNATURE PAGES CONTINUE] 16 LENDER: XXXXXXX INCORPORATED By: Name: Title: [END OF SIGNATURE PAGES]
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, CHEROKEE INC., a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESXXXXX ACQUISITION COMPANY B.V., INC.as Dutch Borrower By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s/ N. Meijer and X.X. Xxxxxx Name: N. Meijer and X.X. Xxxxxx Title: Directors GUARANTORS: SPELL C. LLC By: Cherokee Inc., a Florida corporation its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer CHEROKEE BRANDS LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer THREE-SIXTY VISION LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer 148 HAWK 900 BRANDS LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer EDCA LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer FFS HOLDINGS, LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer FLIP FLOP SHOPS FRANCHISE COMPANY, LLC By: FFS Holdings, LLC, its sole member By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director 149 HI-TEC SPORTS PUBLIC LIMITED COMPANY By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director HI-TEC SPORTS UK LIMITED By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director HI-TEC SPORTS CANADA, LTD. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director HI-TEC NEDERLAND B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director COLLATERAL AGENT AND ADMINISTRATIVE AGENT: CERBERUS BUSINESS FINANCE, LLC By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:150
Appears in 1 contract
Samples: Financing Agreement (Cherokee Inc)
BORROWERS. BODY SHOP OF AMERICAAMERICAN TIRE DISTRIBUTORS, INC., as a Florida corporation U.S. Borrower By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Executive Vice President and General Counsel AM-PAC TIRE DIST. INC., as a U.S. Borrower By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Executive Vice President and General Counsel TRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC., as a Canadian Borrower By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Vice President GUARANTORS: AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC. By: /s/ J. Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Executive Vice President and General Counsel TIRE WHOLESALERS, INC. By: /s/ J.Xxxxxxx Xxxxxxx Name: J. Xxxxxxx Xxxxxxx Title: Executive Vice President and General Counsel Sixth Amended and Restated Credit Agreement BANK OF AMERICA, N.A., as Agent and a U.S. Revolving Lender and a Tranche B Lender By /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Senior Vice President BANK OF AMERICA, N.A., (acting through its Canada branch), as a Canadian Revolving Lender By /s/ Xxxxxx X. Xxxx Sales Xx Xxxxxxx Name: Xxxxxx X. Xxxx Sales Xx Xxxxxxx Title: Vice President Sixth Amended and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYRestated Credit Agreement XXXXX FARGO CAPITAL FINANCE, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: a U.S. Revolving Lender and a Tranche B Lender By /s/ Xxxx Xxxxxx X. Xxxxxxx Name: Xxxx Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDAuthorized Signatory [Signatures continue on following page.] Sixth Amended and Restated Credit Agreement XXXXX FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Revolving Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: By /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPSixth Amended and Restated Credit Agreement BARCLAYS BANK PLC, as a U.S. Revolving Lender By: A4 Fund Management, Inc., its General Partner By: and a Canadian Revolving Lender By /s/ Alexander J, Xxxxxxxx Xxxx Xxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxxx Title: Vice President ABLECO Sixth Amended and Restated Credit Agreement ROYAL BANK OF CANADA, as a U.S. Revolving Lender By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Authorized Signatory [Signatures continue on following page.] Signature Page to First Amendment to Sixth Amended and Restated Credit Agreement ROYAL BANK OF CANADA, as a Canadian Revolving Lender By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Authorized Signatory [Signatures continue on following page.] Signature Page to First Amendment to Sixth Amended and Restated Credit Agreement UBS LOAN FINANCE LLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director Sixth Amended and Restated Credit Agreement RBS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a U.S. Revolving Lender By /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President Sixth Amended and Restated Credit Agreement SUNTRUST BANK, as a U.S. Revolving Lender, a Canadian Revolving Lender, and a Tranche B Lender By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Director [Signatures continue on following page.] Sixth Amended and Restated Credit Agreement TD BANK, N.A., as a U.S. Revolving Lender By /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President Signature Page to First Amendment to Sixth Amended and Restated Credit Agreement THE TORONTO-DOMINION BANK, as a Canadian Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President By: /s/ Alexander J, Xxxxxxxx Xxxx Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxx Title: Analyst Sixth Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a U.S. Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President Sixth Amended and Restated Credit Agreement U.S. BANK NATIONAL CITY ASSOCIATION, Canada branch, as a Canadian Revolving Lender By /s/ Xxxx Remaers Name: Xxxx Remaers Title: Vice President Sixth Amended and Restated Credit Agreement REGIONS BANK, as a U.S. Revolving Lender By: By /s/ Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCVice President Sixth Amended and Restated Credit Agreement Annex 1 Modified Credit Agreement See attached Signature Page to First Amendment to Sixth Amended and Restated Credit Agreement Annex 2 REVISED COMMITMENT SCHEDULE LENDER TOTAL U.S. REVOLVING COMMITMENTS TOTAL CANADIAN REVOLVING COMMITMENTS TOTAL TRANCHE B COMMITMENTS Bank of America, N.A. $ 278,142,856.93 $ 0 $ 42,500,000.00 Bank of America, N.A. (acting through its Canada branch) $ 0 $ 36,428,571.78 Xxxxx Fargo Capital Finance, LLC $ 190,000,000.00 $ 0 $ 12,500,000.00 Xxxxx Fargo Capital Finance Corporation Canada $ 0 $ 25,000,000.00 $ 0 SunTrust Bank $ 120,109,890.00 $ 16,483,516.67 $ 5,000,000.00 UBS Loan Finance LLC $ 60,054,945.00 $ 8,241,758.33 $ 0 Regions Bank $ 50,000,000.00 $ 0 $ 0 U.S. Bank National Association $ 37,362,637.36 $ 0 $ 0 U.S. Bank National Association, Canada branch $ 0 $ 4,395,604.40 $ 0 RBS Business Capital $ 35,000,000.00 $ 0 $ 0 TD Bank, N.A. $ 32,692,307.69 $ 0 $ 0 The Toronto-Dominion Bank $ 0 $ 3,846,153.85 $ 0 Barclays Bank PLC $ 28,021,978.02 $ 3,296,703.30 $ 0 Xxxxx Xxxx xx Xxxxxx $ 18,615,385.00 $ 0 $ 0 Royal Bank of Canada $ 0 $ 2,307,691.67 $ 0 TOTAL $ 850,000,000.00 $ 100,000,000.00 $ 60,000,000.00 EXHIBIT A TO FIRST AMENDMENT [FORM OF] ASSIGNMENT AND ASSUMPTION This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Lender Byunder the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit, guarantees, and swingline loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor. Assignor: NameAssignee: Title[and is an Affiliate/Approved Fund of [identify Lender]1] Borrower(s) Agent: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Bank of America, N.A., as of January 25, 2008 DESIGNATED DEFAULTS None, except:the administrative agent and the collateral agent under the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (American Tire Distributors Holdings, Inc.)
BORROWERS. BODY SHOP THE BON-TON DEPARTMENT STORES, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer XXXXXX XXXXX XXXXX XX, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer BON-TON DISTRIBUTION, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer MCRIL, LLC By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer THE BON-TON STORES OF LANCASTER, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer The following Persons are signatories to this Second Amendment to Second Amended and Restated Loan and Security Agreement in their capacity as Obligors and not as Borrowers: THE BON-TON STORES, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer THE BON-TON GIFTCO, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President and Secretary BANK OF AMERICA, INC.N.A., a Florida corporation as Agent and as Co-Collateral Agent By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: Xxxxxxxxx Financial LLC, as Co-Collateral Manager Agent By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxxx Title: Managing Director NEWSTAR SHORTDuly Authorized Signatory Bon-TERM FUNDING LLCTon – Second Amendment to Second Amended and Restated Loan and Security Agreement BANK OF AMERICA, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCN.A., as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxxx Title: Senior Vice President Bon-Ton – Second Amendment to Second Amended and Restated Loan and Security Agreement CITIZENS BANK OF PENNSYLVANIA, as a Lender and Co-Documentation Agent By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President Bon-Ton – Second Amendment to Second Amended and Restated Loan and Security Agreement GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Duly Authorized Signatory Bon-Ton – Second Amendment to Second Amended and Restated Loan and Security Agreement PNC BANK NATIONAL CITY ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Officer SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxx Xxxx Xxxxx Name: Xxxxxxxx Xxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCVice President TD BANK, N.A., as a Lender By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Vice President
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, SOLA INTERNATIONAL INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx --------------------------------------------------- Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation Attorney in Fact SOLA IFSC SOLA INTERNATIONAL HOLDINGS LTD. (ACN007719708) SOLA OPTICAL HOLDINGS (U.K.) LIMITED SOLA OPTICAL X.X. XXXX OPTICAL GMBH SOLA HONG KONG LIMITED SOLA ADC LENSES LIMITED SOLA OPTICAL ITALIA S.P.A. SOLA OPTICAL JAPAN LIMITED SOLA OPTICAL SINGAPORE PTE. LTD. AMERICAN OPTICAL COMPANY INTERNATIONAL AG By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx ----------------------------------------------------- Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.Attorney in Fact BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a Delaware corporation as Agent By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Xxxxx ----------------------------------------------------- Name: Xxxxxx X. Xxxx Xxxxxxxxx Xxxxx Title: Vice President BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Issuing Bank and Chief Executive Officer RINZI AIR, L.L.C., as a Florida limited liability company Bank By: /s/ Xxxxxx Xxxxx X. Xxxx Xxxxxxx ----------------------------------------------------- Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx Xxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.THE BANK OF NOVA SCOTIA, as Co-Agent and as a Lender Bank By: Xxxxxxxxx Financial LLC/s/ Xxxxx Xxxxxx ----------------------------------------------------- Name: Xxxxx Xxxxxx Title: Relationship Manager BANKBOSTON N.A., as Collateral Co-Agent and as a Bank By: /s/ Xxxxxx X. XxxXxxxxxx ----------------------------------------------------- Name: Xxxxxx X. XxxXxxxxxx Title: Vice President NATIONSBANK OF TEXAS N.A., as Co-Agent and as a Bank By: /s/ Xxxxxxxx X. Xxxxx ----------------------------------------------------- Name: Xxxxxxxx X. Xxxxx Title: Vice President LASALLE NATIONAL BANK By: /s/ Xxxxx X. Xxxxxxxx ----------------------------------------------------- Name: Xxxxx X. Xxxxxxxx Title: VP SOCIETE GENERALE By: /s/ Xxxxxxx X. Xxxxx ----------------------------------------------------- Name: Xxxxxxx X. Xxxxx Title: Vice President BANQUE PARIBAS By: /s/ Xxxx X. XxXxxxxxx, III ----------------------------------------------------- Name: Xxxx X. XxXxxxxxx, III Title: Vice President By: /s/ Xxxxx Xxxxxxxxx ----------------------------------------------------- Name: Xxxxx Xxxxxxxxx Title: Vice President 12 COMMERZBANK AKTIENGESELLSCHAFT, Los Angeles Branch By: /s/ Christian Jagenberg ----------------------------------------------------- Name: Christian Jagenberg Title: SVP and Manager By: /s/ Xxxxxxxxxxx Xxx Xxxx Xxxxxxxx ----------------------------------------------------- Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxx Xxxxxxxx Title: Vice President A4 FUNDING LPXXXXX FARGO BANK, as a Lender By: A4 Fund Management, Inc., its General Partner NATIONAL ASSOCIATION By: /s/ Alexander J, Xxxxxxxx Xxxx X. XxXxxxx ----------------------------------------------------- Name: Xxxx X. XxXxxxx Title: VP BANQUE NATIONALE DE PARIS By: /s/ Xxxxxxxxx Xxxxx ----------------------------------------------------- Name: Xxxxxxxxx X. Xxxxxxxx Xxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx X. Xxxxx ----------------------------------------------------- Name: Xxxxxxxxx Xxxxxxx X. Xxxxxxxx Xxxxx Title: Senior Assistant Vice President NATIONAL CITY THE DAI-ICHI KANGYO BANK, as a Lender LIMITED, SAN FRANCISCO AGENCY By: /s/ Xxxxxxxx Xxxxx Xxxxxxx ----------------------------------------------------- Name: Xxxxxxxx Xxxxx Xxxxxxx Title: Portfolio General Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:& Agent
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Sola International Inc)
BORROWERS. BODY SHOP OF AMERICAAMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.LLC, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Pxxx X. Xxxxxx X. Xxxx Name: Pxxx X. Xxxxxx X. Xxxx Title: President and Chief Executive Officer Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxxx X. Jxxxx Xxxxxxx Name: Xxxxxx X. Jxxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Mxxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Mxxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25February 11, 2008 DESIGNATED DEFAULTS None, except:2016
Appears in 1 contract
Samples: Term Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
BORROWERS. BODY SHOP OF AMERICAAPEX GLOBAL BRANDS, INC.. (f/k/a Cherokee Inc.), a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL XXXXX ACQUISITION CORP.COMPANY B.V., a Delaware corporation as Dutch Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender A By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Director B GUARANTORS: CHEROKEE INC. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO SPELL C. LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO CHEROKEE BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HAWK 900 BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO EDCA LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FFS HOLDINGS, LLC By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FLIP FLOP SHOES FRANCHISE COMPANY, LLC By: FFS HOLDINGS, LLC, as a Lender its sole member By: CHEROKEE INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: EXHIBIT CEO HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS PLC By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS UK LIMITED By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC NEDERLAND B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO COLLATERAL AGENT AND ADMINISTRATIVE AGENT: XXXXXX XXXXXXXX FINANCE COMPANY By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: XXXXXX XXXXXXXX FINANCE COMPANY, LLC By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXXX XXXXXXXX BRANDS, LLC By: /s/ Xxxxxxxx X. Parent Name: Xxxxxxxx X. Parent Title: VP, Asst. Secretary Exhibit A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated Schedule 8.01 Cash Management Accounts (as of January 25the Fourth Amendment Effective Date) Company Bank or Broker Address Account No. Account Type Cherokee Inc. JPMorgan Chase Bank, 2008 DESIGNATED DEFAULTS NoneN.A. 000 X Xxxxx Xxx, except:Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000475392697 Payroll Cherokee Inc. JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000475392689 Operating Cherokee Inc. JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000109690336 Operating Spell C. LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000107930220 Operating Cherokee Brands LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000133536350 Operating Hawk 900 Brands LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000551026912 Operating EDCA LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000762128267 Operating FFS Holdings, LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000773856005 Operating FFS Holdings, LLC JPMorgan Chase Bank, N.A. 000 X Xxxxx Xxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 000000773855783 Operating 9700767 Apex Global Brands, Inc. Bank of America, N.A. XX Xxx 00000 Xxxxxxxxxx, XX 00000 0000000000 Operating Apex Global Brands, Inc. Bank of America, N.A. XX Xxx 00000 Xxxxxxxxxx, XX 00000 1416115789 Payroll Hi-Tec Sports International Holdings B.V. ING Bank Xxxxxxxxxxxx 000 Xxxxxxx 0000, 0000 XX Xxxxxxxxx XX00XXXX0000000000 (EUR) XX00XXXX0000000000 (USD) Cash receipts account Operating Operating Hi-Tec Sports UK Limited Barclays Barclays Bank PLC 0 Xxxxxxxxx Xxxxx, London E14 5HP United Kingdom GB49BARC20776700740799 (GBP) Operating Hi-Tec Sports PLC Xxxxxxxx Xxxx XXX Xxxxxxxxx, Xxxxxxxxxxxxxx, Xxxxxx Xxxxxxx XX00,0XX XX00XXXX00000000000000 (GBP) Operating
Appears in 1 contract
Samples: Financing Agreement and Forbearance Agreement (Apex Global Brands Inc.)
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING TEXAS PETROCHEMICALS LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager Borrower By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPChief Financial Officer TEXAS BUTYLENE CHEMICAL CORPORATION, as a Lender By: A4 Fund Management, Inc., its General Partner Borrower By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender Chief Financial Officer LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Alexander JXxxxxxx Xxxxxxxx Title: Xxxxxxx Xxxxxxxx, Xxxxxxxx NameVice President By: Xxxxxxxxx X. Xxxxxxxx /s/ Xxxxxxxxxx Xxxxxx Title: Xxxxxxxxxx Xxxxxx, Director BANK OF AMERICA, N.A. By: /s/ [illegible signature] Title: Senior Vice President NATIONAL CITY ALLIED IRISH BANK, as a Lender P.L.C. By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCXxxxxx Xxxx, as a Lender Senior Vice President By: Name/s/ Xxxxx Xxxxxxxx Title: Xxxxx Xxxxxxxx, Vice President CAPITAL ONE LEVERAGE FINANCE CORP., f/k/a North Fork Business Capital Corporation By: Title: EXHIBIT A TO WAIVER WACHOVIA BANK, N.A. By: /s/ X. Xxxxxx Xx. Title: Director XXXXX FARGO FOOTHILL, LLC By: /s/ Xxxxx Xxxxxx Title: Vice President LLOYDS TSB BANK By: /s/ Xxxxxx Xxxxxxxx Title: Xxxxxx Xxxxxxxx, Director H067 By: /s/ Xxxxxxxxx Xxxxxx Title: Xxxxxxxxx Xxxxxx, Director Financial Institutions, USA W055 ACKNOWLEDGMENT AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated CONSENT The undersigned entities, constituting Subsidiaries of the Borrowers (each, a “Subsidiary Guarantor”), hereby (a) acknowledge that they have reviewed the terms and provisions of (i) the Revolving Credit Agreement dated as of January 25June 27, 2008 DESIGNATED DEFAULTS None2006 (as amended, except:the “Credit Agreement”), by and among Texas Petrochemicals LLC, a Texas limited liability company (“Company”), and Texas Butylene Chemical Corporation, a Texas corporation (“Texas Butylene” and, together with Company, each individually referred to herein as a “Borrower” and collectively as “Borrowers”), the financial institutions party thereto as Lenders, Deutsche Bank Trust Company Americas, acting in its capacity as administrative agent (the “Agent”) and Bank of America, N.A. (as successor by merger to LaSalle Bank National Association), as collateral agent and (ii) the First Amendment to Revolving Credit Agreement (the “Amendment”) and (b) consent to the amendment of the Credit Agreement pursuant to the Amendment and the other matters contemplated under the Amendment. Each Subsidiary Guarantor hereby acknowledges and agrees that any of the Loan Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or affected by the execution or effectiveness of the Amendment. Each Subsidiary Guarantor represents and warrants that all representations and warranties applicable to it contained in the Credit Agreement as amended by the Amendment and the Loan Documents to which it is a party or otherwise bound are true and correct in all material respects on and as of the Effective Date (except to the extent that such representations and warranties are expressly made as of a specific date, in which event such representations and warranties shall have been true and correct on and as of such specified date). Each Subsidiary Guarantor acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in the Amendment, each Subsidiary Guarantor is not required by the terms of the Credit Agreement or any other Loan Document to consent to the amendment of the Credit Agreement effected pursuant to the Amendment and (ii) nothing in the Credit Agreement or the Amendment or any other Loan Document shall be deemed to require the consent of any Subsidiary Guarantor to any future amendment of the Credit Agreement or any other Loan Document.
Appears in 1 contract
Samples: Revolving Credit Agreement (Texas Petrochemicals Inc.)
BORROWERS. BODY SHOP THE BON-TON DEPARTMENT STORES, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President and Chief Financial Officer THE XXXXX-XXXXXXX STORES CORP. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer XXXXXX-XXXXX XXXXX XX, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer BON-TON DISTRIBUTION, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer MCRIL, LLC By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer THE BON-TON STORES OF LANCASTER, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer The following Persons are signatories to this First Amendment to Second Amended and Restated Loan and Security Agreement in their capacity as Obligors and not as Borrowers: THE BON-TON STORES, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer THE BON-TON GIFTCO, INC. By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx Title: Vice President — General Counsel & Secretary BANK OF AMERICA, INC.N.A., a Florida corporation as Agent and as Co-Collateral Agent By: /s/ Xxxxxx X. Xxxx Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESDirector GENERAL ELECTRIC CAPITAL CORPORATION, INC.as a Co-Collateral Agent By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Duly Authorized Signatory BANK OF AMERICA, N.A., as a Florida corporation Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTDCAPITAL ONE LEVERAGE FINANCE CORP., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxx Xxxxxxx X. Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCSr. Vice Pres CITIZENS BANK OF PENNSYLVANIA, as a Lender By: NewStar Financial, Inc., its Designated Manager and Co-Documentation Agent By: /s/ P. Xxxxx Xxxxxxxxx Xxx Xxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxx Xxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCGENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxxxxx Xxxxxxx X. Xxxxxxxx Xxxxxx TITLE: DULY AUTHORIZED SIGNATORY PNC BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxxx Title: Senior Vice President NATIONAL CITY SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxx X. Xxxxxxxxx Name: Xxxxxxxx Xxxxx Xxxx X. Xxxxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Director
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICALUMBER LIQUIDATORS, INC., as Lead Borrower and as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Name: Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESSecretary LUMBER LIQUIDATORS SERVICES, LLC, as a Borrower By: LUMBER LIQUIDATORS, INC., a Florida corporation its Manager By: /s/ Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Name: Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Title: Chief Executive Officer Secretary GUARANTORS: BODY CENTRAL ACQUISITION CORPLUMBER LIQUIDATORS HOLDINGS, INC., as Parent and as a Delaware corporation Guarantor By: /s/ Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Name: Xxxxxx X. Xxxx E. Xxxxxxxxxx B. Xxxxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYSecretary LUMBER LIQUIDATORS LEASING, LLC, as Administrative Agent a Guarantor By: Dymas Capital Management CompanyLUMBER LIQUIDATORS, INC., its Manager By: /s/ E. Xxxxxxxxxx B. Xxxxxxx Name: Lxxxxxxxxx B. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS PRODUCTION, LLC, as a Guarantor By: LUMBER LIQUIDATORS SERVICES, LLC, its Manager By: LUMBER LIQUIDATORS, INC., its Manager By: /s/ Xxxxxx X. E. Xxxxxxxxxx B. Xxxxxxx Name: E. Xxxxxxxxxx B. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS FOREIGN HOLDINGS, LLC, as a Guarantor By: LUMBER LIQUIDATORS HOLDINGS, INC., its Manager By: /s/ E. Xxxxxxxxxx B. Xxxxxxx Name: E. Xxxxxxxxxx B. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS FOREIGN OPERATIONS LLC, as a Guarantor By: LUMBER LIQUIDATORS FOREIGN HOLDINGS, LLC, its Manager By: LUMBER LIQUIDATORS HOLDINGS, INC., its Manager By: /s/ E. Xxxxxxxxxx B. Xxxxxxx Name: E. Xxxxxxxxxx B. Xxxxxxx Title: Secretary BANK OF AMERICA, N.A., as Agent By: /s/ Jxxxxx Xxxxxx X. Xxxxxxx Name: Jxxxxx Xxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.BANK OF AMERICA, N.A., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager and L/C Issuer By: /s/ Xxxxxxxxxxx Xxx Jxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxx Jxxxxx Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Director
Appears in 1 contract
Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)
BORROWERS. BODY SHOP TRANS WORLD ENTERTAINMENT CORPORATION, as Lead Borrower and Borrower By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary MOVIES PLUS, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN USA, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN UTAH, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary TRANS WORLD NEW YORK, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary TRANS WORLD FLORIDA, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary FACILITY GUARANTOR: MEDIA LOGIC USA, LLC By: Record Town, Inc., its sole member By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary BANK OF AMERICA, INC.N.A., a Florida corporation as Administrative Agent, Collateral Agent, Swingline Lender, Issuing Bank and Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Xxxxx X. Xxxxxxx Name: Xxxxxx Xxxxx X. Xxxxxxx Title: Managing Director LENDERSAddress: XXXXXXXXX FINANCIAL CAYMAN LTD.00 Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxx Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxx Title: Senior Vice President NATIONAL CITY Address: 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attn: Xxxx Xxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxxxxx Xxxxx X. Xxxxxxx Name: Xxxxxxxx Xxxxx X. Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender ByVice President Address: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:One Chase Square; T-25
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC.AB-ABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., a Florida corporation Delaware limited partnership By: AB-Abbott Private Equity Investors G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer CATALOGUE VENTURES, INC.Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 (DELAWARE) FUND L.P., a Florida corporation Delaware limited partnership By: AB-Abbott Private Equity Investors 2020 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 (DELAWARE) FUND L.P., a Delaware corporation limited partnership By: AB-Abbott Private Equity Solutions 2021 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer RINZI AIRTreasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING FUND, L.L.C.L.P., a Florida Delaware limited liability company partnership By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYAB Private Credit Investors Middle Market Direct Lending G.P. L.P., LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLCDelaware limited partnership, its General Partner By: /s/ Alexander JXxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS CORPORATION, a Maryland corporation By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 (DELAWARE) FUND L.P., a Delaware limited partnership By: AB-Abbott Private Equity Solutions 2022 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2023 (DELAWARE) FUND L.P., a Delaware limited partnership By: AB-Abbott Private Equity Solutions 2023 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement GENERAL PARTNERS: AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2023 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement ADMINISTRATIVE AGENT: HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxx Xxxxxxxx Title: Vice President A4 FUNDING LPHSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement LENDERS: HSBC BANK USA, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxx Xxxxx Title: Senior Vice President NATIONAL CITY Managing Director HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement CATHAY BANK, as a Lender By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement EXITING LENDER: BANKUNITED, N.A., as a the Exiting Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: EXHIBIT SVP HSBC – AB Umbrella – Ninth Amendment to Revolving Credit Agreement Annex A (Attached) ANNEX A TO WAIVER AND THIRD EIGHTHNINTH AMENDMENT TO FINANCING (Conformed Credit Agreement through EIGHTHNinth Amendment) REVOLVING CREDIT AGREEMENT Dated AB-ABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., as of January 25the Initial Borrower AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P., 2008 DESIGNATED DEFAULTS Noneas the Initial General Partner and HSBC BANK USA, except:NATIONAL ASSOCIATION, as the Administrative Agent and a Lender June 14, 2019 TABLE OF CONTENTS Page
Appears in 1 contract
Samples: Revolving Credit Agreement (AB Private Credit Investors Corp)
BORROWERS. BODY SHOP OF AMERICAMATTRESS FIRM, INC., a Florida corporation Delaware corporation, By: /s/ Xxxxxx Xxx X. Xxxx Xxxxx Name: Xxxxxx Xxx X. Xxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESTreasurer & Secretary MATTRESS FIRM-GEORGIA, INC., a Florida corporation Georgia corporation, By: /s/ Xxxxxx Xxx X. Xxxx Xxxxx Name: Xxxxxx Xxx X. Xxxx Xxxxx Title: Chief Executive Officer Treasurer & Secretary GUARANTORS: BODY CENTRAL ACQUISITION MATTRESS HOLDING CORP., a Delaware corporation By: /s/ Xxxxxx Xxx X. Xxxx Xxxxx Name: Xxxxxx Xxx X. Xxxx Xxxxx Title: Chief Financial Officer MATTRESS FIRM INVESTMENT MANAGEMENT, INC., an Arizona corporation By: /s/ Xxxxxxx McCowvery Name: Xxxxxxx McCowvery Title: Vice President and Chief Executive Officer RINZI AIRFESTRO, L.L.C.INC., a Florida Texas corporation By: /s/ Xxx X. Xxxxx Name:Xxx X. Xxxxx Title: Treasurer & Secretary TEAMEXCEL MANAGEMENT COMPANY, a Texas corporation By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Treasurer & Secretary MATTRESS FIRM OPERATING, LTD., a Texas limited partnership By: Festro, Inc., its general partner By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Treasurer & Secretary MATTRESS VENTURE INVESTMENT MANAGEMENT, LLC, an Arizona limited liability company By: /s/ Xxxxxx X. Xxxx Xxxxxxx McCowvery Name: Xxxxxx X. Xxxx Xxxxxxx McCowvery Title: Vice President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYFESTRO II, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager a Texas limited liability company By: /s/ Xxxxxx Xxx X. Xxxxxxx Xxxxx Name: Xxxxxx Xxx X. Xxxxxxx Xxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Treasurer & Secretary THE MATTRESS VENTURE, as L.P., a Lender Texas limited partnership By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar FinancialFestro, Inc., its Designated Manager general partner By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Xxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxx X. Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Treasurer & Secretary
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAAB-ABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P. By: AB-Abbott Private Equity Investors G.P. L.P., INC., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer CATALOGUE VENTURES, INC.Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 (DELAWARE) FUND L.P., a Florida corporation Delaware limited partnership By: AB-Abbott Private Equity Investors 2020 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 (DELAWARE) FUND L.P., a Delaware corporation limited partnership By: AB-Abbott Private Equity Solutions 2021 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxx Xxx Xxxxxxxxxxx Title: VP/Vice President and Chief Executive Officer RINZI AIRTreasurer of AB-PCI HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING FUND, L.L.C.L.P., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLCAB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., its General Partner By: /s/ Alexander JXxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS CORPORATION By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 (DELAWARE) FUND L.P., a Delaware limited partnership By: AB-Abbott Private Equity Solutions 2022 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement GENERAL PARTNERS: AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P. By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 G.P. L.P. By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 G.P. L.P., a Delaware limited partnership By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: VP/Vice President and Treasurer of AB-PCI HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement ADMINISTRATIVE AGENT: HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxx Xxxxxxxx Title: Vice President A4 FUNDING LPHSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement LENDERS: HSBC BANK USA, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNATIONAL ASSOCIATION, as a Lender By: /s/ Alexander JXxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement BANKUNITED, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxxxxx Xxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY SVP HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement CATHAY BANK, as a Lender By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCSenior Vice President HSBC – AB Umbrella – Eighth Amendment to Revolving Credit Agreement Annex A (Attached) REVOLVING CREDIT AGREEMENT AB-ABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., as the Initial Borrower AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P., as the Initial General Partner and HSBC BANK USA, NATIONAL ASSOCIATION, as the Administrative Agent and a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Lender
Appears in 1 contract
Samples: Revolving Credit Agreement (AB Private Credit Investors Corp)
BORROWERS. BODY SHOP TRANS WORLD ENTERTAINMENT CORPORATION, as Lead Borrower and Borrower By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary MOVIES PLUS, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN USA, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary RECORD TOWN UTAH, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary TRANS WORLD NEW YORK, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary TRANS WORLD FLORIDA, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary FACILITY GUARANTORS MEDIA LOGIC USA, LLC By: Record Town, Inc., its sole member By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Secretary BANK OF AMERICA, INC.N.A., a Florida corporation as Administrative Agent, Collateral Agent, Swingline Lender, Issuing Bank and Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Xxxxx X. Xxxxxxx Name: Xxxxxx Xxxxx X. Xxxxxxx Title: Managing Director LENDERSAddress: XXXXXXXXX FINANCIAL CAYMAN LTD.00 Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: Xxxxxxxxx Financial LLC/s/ Xxxx Xxxxx Name: XXXX XXXXX Title: SENIOR VICE PRESIDENT Address: 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attn: Xxxx Xxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 JPMORGAN CHASE BANK, N.A., as Collateral Manager Lender By: /s/ Xxxxxxxxxxx Xxx Xxxxx X. Xxxxxxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxxxxx Title: Vice President A4 FUNDING LPAddress: Xxx Xxxxx Xxxxxx; X-00 Xxxxxxxxx, as a Lender ByX.X. 00000 Attn: A4 Fund Management, Inc., its General Partner ByTrans World Client Mgr. Telephone: /s/ Alexander J, Xxxxxxxx Name(585) 258 - 6466 Telecopy: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY (585) 258 - 7440 FIRST NIAGARA BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCVice President Address: 00 Xxxxxxxxx Xxxxx Xxxxxxxxx Suite 100 Albany, as a NY 12211 Attn: Xxxxxxxx Xxxxx, Corporate Banking Telephone: 000-000-0000 Telecopy: 000-000-0000 SCHEDULE 1 Additional Commitment Lenders — JPMorgan Chase Bank, N.A. — First Niagara Bank Schedule 1.1 (a) Lenders and Commitments Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Commitment Bank of January 25America, 2008 DESIGNATED DEFAULTS NoneN.A. $ 70,000,000.00 LaSalle Bank National Association $ 25,000,000.00 JPMorgan Chase Bank, except:N.A. $ 25,000,000.00 First Niagara Bank $ 10,000,000.00
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INCRELIANCE STEEL & ALUMINUM CO., a Florida California corporation By: /s/ Xxxxxx X. Xxxx Name: Dxxxx X. Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORSBy: BODY CENTRAL ACQUISITION Name: Kxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer RSAC MANAGEMENT CORP., a Delaware California corporation By: /s/ Xxxxxx X. Xxxx Name: Dxxxx X. Xxxxxx X. Xxxx Title: Chief Executive Officer By: Name: Kxxxx Xxxxx Title: Executive Vice President and Chief Executive Financial Officer RINZI AIRGUARANTORS (for purposes of Section 1.8 and Section 4 only): ALLEGHENY STEEL DISTRIBUTORS, L.L.C.INC. ALUMINUM AND STAINLESS, a Florida limited liability company INC. CHAPEL STEEL CORP. CCC STEEL, INC. CHATHAM STEEL CORPORATION DXXXXXX XXXXXXXX STEEL CO., INC. PACIFIC METAL COMPANY PDM STEEL SERVICE CENTERS, INC. PHOENIX CORPORATION TOMA METALS, INC. VALEX CORP. VIKING MATERIALS, INC. By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Kxxxx Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPand Secretary of each of the foregoing PRECISION STRIP, as a Lender INC. SISKIN STEEL & SUPPLY COMPANY, INC. By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Kxxxx Xxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender and Assistant Secretary of each of the foregoing LXXX METALS SERVICE STEEL AEROSPACE CORP By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Kxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCChief Financial Officer and Secretary of each of the foregoing AMERICAN METALS CORPORATION By: Name: Kxxxx Xxxxx Title: Vice President, Chief Financial Officer and Assistant Secretary of the foregoing AMERICAN STEEL, L.L.C. By: Name: Kxxxx Xxxxx Title: Chief Financial Officer, Treasurer and Assistant Secretary of the foregoing AMI METALS, INC. By: Name: Kxxxx Xxxxx Title: Vice President, Chief Financial Officer and Secretary of the foregoing CENTRAL PLAINS STEEL CO. By: Name: Kxxxx Xxxxx Title: Vice President, Treasurer and Secretary of the foregoing LIEBOVICH BROS., INC. By: Name: Kxxxx Xxxxx Title: Vice President, Assistant Treasurer and Assistant Secretary of the foregoing ADMINISTRATIVE AGENT BANK OF AMERICA, N.A. By: Name: Title: LENDERS: BANK OF AMERICA, N.A. By: Name: Title: WACHOVIA BANK, N.A., as Syndication Agent and a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated If the above-signing Lender initials immediately below, such Lender is a party to this Amendment but does not agree to increase its Commitments. The above signing Lender’s execution of this Amendment signifies only such Lender’s consent to this Amendment, and does not constitute an agreement to increase its Commitments. If the above-signing Lender initials below, such Lender is a party to this Amendment and agrees to increase its Commitments. The above-signing Lender hereby agrees to increase such Lender’s Commitment as set forth on Schedule 2.1B. JPMORGAN CHASE BANK, N.A., as Documentation Agent and a Lender By: Name: Title: If the above-signing Lender initials immediately below, such Lender is a party to this Amendment but does not agree to increase its Commitments. The above signing Lender’s execution of January 25this Amendment signifies only such Lender’s consent to this Amendment, 2008 DESIGNATED DEFAULTS Noneand does not constitute an agreement to increase its Commitments. If the above-signing Lender initials below, except:such Lender is a party to this Amendment and agrees to increase its Commitments. The above-signing Lender hereby agrees to increase such Lender’s Commitment as set forth on Schedule 2.1B.
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BORROWERS. BODY SHOP OF AMERICA.AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION SHOP ACQUISITIONS CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR., L.L.C., a Florida limited liability company By: Body Shop of America, Inc., its sole Member By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx Xxxxxxx X. Xxxxxxx Name: Xxxxxx Xxxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: By NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: P. Xxxxx Xxxxxxxxx Title: NewStar Financial Title: Managing Director Portfolio Management NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: P. Xxxxx Xxxxxxxxx Title: NewStar Financial Title: Managing Director Portfolio Management A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Portfolio Relationship Manager CAPITALSOURCE FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Authorized Signatory
Appears in 1 contract
Samples: Financing Agreement (Body Central Acquisition Corp)
BORROWERS. BODY SHOP OF AMERICAARCHITECTURAL GRANITE & MARBLE, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT Address: c/o Trive Capital 0000 XxXxxxxx Xxxxxx, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxx Xxxx Telecopy: LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A TO WAIVER LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: XXX XX GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus ICQ Levered Opportunities GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS FSBA LEVERED LLC By: ______________________________ Name: Title: CERBERUS SWC LEVERED II LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVI LP By: Cerberus PSERS GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XVIII L.P. By: Cerberus LFGP XVIII, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ASRS FUNDING LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XXI L.P. By: Cerberus LFGP XXI, LLC Its: General Partner By: ______________________________ Name: Title: SCHEDULE 2.1 to Financing Agreement COMMITMENTS OF LENDERS1 1 Updated schedule attached to the Fifth Amendment SCHEDULE 8.1.4 to Financing Agreement NAMES AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:CAPITAL STRUCTURE
Appears in 1 contract
Samples: Financing Agreement (Select Interior Concepts, Inc.)
BORROWERS. BODY SHOP OF AMERICAELYSIUM ENERGY, INC.LLC, a Florida corporation Nevada limited liability company By: /s/ Xxxxxx Jxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Jxxxx X Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESELYSIUM ENERGY LA, INC.LLC, a Florida corporation Louisiana limited liability company By: /s/ Xxxxxx Jxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Jxxxx X Xxxxx Title: President and Chief Executive Officer RINZI AIRELYSIUM ENERGY TX, L.L.C.LLC, a Florida Texas limited liability company By: /s/ Xxxxxx Jxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Jxxxx X Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTPOINTE A LA HACHE, L.L.C., a Delaware limited liability company By: DYMAS FUNDING COMPANY/s/ Jxxxx X. Xxxxx Name: Jxxxx X Xxxxx Title: President and Chief Executive Officer (Signature Page to Term Loan Agreement) TURTLE BAYOU, L.L.C., a Delaware limited liability company By: /s/ Jxxxx X. Xxxxx Name: Jxxxx X Xxxxx Title: President and Chief Executive Officer PXXXXX, X.X.X., a Delaware limited liability company By: /s/ Jxxxx X. Xxxxx Name: Jxxxx X Xxxxx Title: President and Chief Executive Officer RXXXX FIELD, L.L.C., a Delaware limited liability company By: /s/ Jxxxx X. Xxxxx Name: Jxxxx X Xxxxx Title: President and Chief Executive Officer HOLDINGS ELYSIUM ENERGY HOLDINGS, LLC, a Nevada limited liability company By: /s/ Jxxxx X. Xxxxx Name: Jxxxx X Xxxxx Title: President and Chief Executive Officer (Signature Page to Term Loan Agreement) AGENT: 405 WOODBINE LLC, a Delaware limited liability company as Administrative Agent By: Dymas Capital Management Company, /s/ Lxxxxxxx Xxxxxx Lxxxxxxx Xxxxxx Authorized Signatory LENDER: 405 WOODBINE LLC, its Manager a Delaware limited liability company By: /s/ Lxxxxxxx Xxxxxx X. Xxxxxxx NameLxxxxxxx Xxxxxx Authorized Signatory Applicable Lending Office: 400 Xxxxxxxxx Xxxxxx X. Xxxxxxx Title00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Managing Director LENDERSGxxx Xxxxx E-mail: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:gxxxxx@xxxxxxx.xxx and rxxxxxxxx@xxxxxxx.xxx (Signature Page to Term Loan Agreement)
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BORROWERS. BODY SHOP OF AMERICASAKS INCORPORATED By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Executive Vice President & Chief Financial Officer SAKS & COMPANY By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Executive Vice President & Assistant Secretary XXXXXXX OFFICE PROPERTIES, INC.. NEW YORK CITY SAKS, a Florida corporation LLC SAKS DIRECT, INC. SAKS FIFTH AVENUE, INC. SAKS FIFTH AVENUE TEXAS LLC SAKS FIFTH AVENUE DISTRIBUTION COMPANY SCCA, LLC SCCA STORE HOLDINGS, INC. SCIL, LLC SFAILA, LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President & Assistant Secretary AGENT: XXXXX FARGO RETAIL FINANCE, LLC, as Agent By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President CO-COLLATERAL AGENTS: XXXXX FARGO RETAIL FINANCE, LLC, as Co-Collateral Agent By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President GENERAL ELECTRIC CAPITAL CORPORATION, as Co-Collateral Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory LENDERS: XXXXX FARGO RETAIL FINANCE, LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President CAPITAL ONE LEVERAGE FINANCE CORP. By: /s/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: SVP GENERAL ELECTRIC CAPITAL CORPORATION By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory HSBC BUSINESS CREDIT (USA) INC. By: /s/ Xxxxxx X. Xxxx Getty Jr. Name: Xxxxxx X. Xxxx Getty Jr. Title: Vice President and Chief Executive Officer CATALOGUE VENTURESXXXXXX XXXXXXX BANK, INC., a Florida corporation N.A. By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation Authorized Signatory REGIONS BANK By: /s/ Xxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIRAttorney-in-fact TD BANK, L.L.C., a Florida limited liability company N.A. By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President UBS LOAN FINANCE LLC By: /s/ Xxxxx X. Xxxxxx /s/ Xxxx X. Xxxx Name: Xxxxx X. Xxxxxx Xxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYAssociate Director, LLCAssociate Director, as Administrative Agent By: Dymas Capital Management CompanyBanking Products Banking Products Services, LLCUS Services, its Manager US U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxx Name: Xxxxxxx Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Relationship Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:ANNEX A
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
BORROWERS. BODY SHOP OF AMERICAXXXXX & WESSON BRANDS, INC., a Florida corporation . (F/K/A AMERICAN OUTDOOR BRANDS CORPORATION) By: /s/ Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Title: President and Chief Executive Financial Officer CATALOGUE VENTURES, INC., a Florida corporation XXXXX & WESSON SALES COMPANY (F/K/A AMERICAN OUTDOOR BRANDS SALES COMPANY) By: /s/ Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Title: Chief Executive Financial Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPXXXXX & WESSON INC. (F/K/A XXXXX & WESSON FIREARM INC., a Delaware corporation ) By: /s/ Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Title: President Chief Financial Officer (Signature Page to Amended and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company Restated Credit Agreement) GUARANTORS SWSS LLC By: /s/ Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Name: Xxxxxx Xxxxx X. Xxxx XxXxxxxxx Title: President and Chief Executive Financial Officer ADMINISTRATIVE AGENTBEAR LAKE HOLDINGS, LLC By: DYMAS FUNDING /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Chief Financial Officer SWPC PLASTICS, LLC (F/K/A DEEP RIVER PLASTICS, LLC) By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Chief Financial Officer XXXXX & WESSON DISTRIBUTING, INC. By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Chief Financial Officer XXXXXXXX/CENTER ARMS COMPANY, LLCLLC By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Chief Financial Officer (Signature Page to Amended and Restated Credit Agreement) TD BANK, N.A., as Administrative Agent By: Dymas Capital Management Company/s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Regional Vice President (Signature Page to Amended and Restated Credit Agreement) TD BANK, LLCN.A., its Manager as a Lender and Swingline Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Regional Vice President (Signature Page to Amended and Restated Credit Agreement) PEOPLE’S UNITED BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx Name: Xxxxxx X. Xxxxxxx Xxxxxx Title: SVP (Signature Page to Amended and Restated Credit Agreement) REGIONS BANK By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Director
Appears in 1 contract
BORROWERS. BODY SHOP AMB-SGP CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP CIF-CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP CIF-I, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP DOCKS, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP GEORGIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP CIF-ILLINOIS, L.P., a Delaware limited partnership By: AMB SGP CIF-Illinois GP LLC, a Delaware limited liability company, its general partner By: AMB Property II, L.P., a Delaware limited partnership, its sole member By: Texas AMB I, LLC, a Delaware limited liability company, its general partner By: AMB Property Holding Corporation, a Maryland corporation, its sole member By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President AMB-SGP TX/IL SUB, LLC a Delaware limited liability company By: AMB SGP TX/IL, L.P., a Delaware limited partnership, its sole member By: AMB Property II, L.P., a Delaware limited partnership, its general partner By: Texas AMB I, LLC, a Delaware limited liability company, its general partner By: AMB Property Holding Corporation, a Maryland corporation, its sole member By: /s/ Gxxxx X. Xxxxx Name: Gxxxx X. Xxxxx Title: Senior Vice President LENDER: THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, INC., a Florida New Jersey corporation By: /s/ Xxxxxx X. Xxxx Fxxxxxxxx Xxx Xxxxxxxx Name: Xxxxxx X. Xxxx Fxxxxxxxx Xxx Xxxxxxxx Title: Vice President and Chief Executive Officer CATALOGUE VENTURESPRUDENTIAL MORTGAGE CAPITAL COMPANY, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.LLC, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Rxxxxxx Xxxxxxx Name: Xxxxxx X. Rxxxxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as Allocable Loan Amounts Allocable Prop. Building % Loan Fixed A-1 Floating A-2 Fixed B-1 Floating B-2 # Address City State Type NRA Office Submarket Amount Loan Loan Loan Loan 1 Docks 200 Xxxxx Xxxxxx Xxxx Xxxxx Xxxxxxxxx XX Bulk Warehouse 1,205,623 3 % South Brunswick $ 47,047,000 $ 24,680,000 $ 6,170,000 $ 12,958,000 $ 3,239,000 2 JFK Airgate 100-00 000xx Xx Xxxxxxx XX Warehouse 65,363 24 % JFK Airgate $ 5,879,000 $ 3,084,000 $ 771,000 $ 1,619,000 $ 405,000 100-00 000xx Xxx Xxxxxxx XX Warehouse 66,135 42 % JFK Airgate $ 6,489,000 $ 3,404,000 $ 851,000 $ 1,787,000 $ 447,000 100-00 Xxxxxxx Xxxxxxxxx Jamaica NY Warehouse 72,952 28 % JFK Airgate $ 7,124,000 $ 3,737,000 $ 934,000 $ 1,962,000 $ 491,000 100-00 000xx Xxx Xxxxxxx XX Office 24,724 98 % JFK Airgate $ 4,846,000 $ 2,541,000 $ 636,000 $ 1,335,000 $ 334,000 JFK Airgate Total 229,174 38 % JFK Airgate $ 24,338,000 $ 12,766,000 $ 3,192,000 $ 6,703,000 $ 1,677,000 3 Exxxx, Southfield 235/245 & V 200 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Warehouse 77,825 26 % Atlanta Airport $ 3,936,000 $ 2,065,000 $ 516,000 $ 1,084,000 $ 271,000 200 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Warehouse 132,360 18 % Atlanta Airport $ 5,327,000 $ 2,794,000 $ 699,000 $ 1,467,000 $ 367,000 200 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Bulk Warehouse 137,430 4 % Atlanta Airport $ 5,003,000 $ 2,625,000 $ 656,000 $ 1,378,000 $ 344,000 200 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Bulk Warehouse 125,000 6 % Atlanta Airport $ 4,233,000 $ 2,221,000 $ 555,000 $ 1,166,000 $ 291,000 100 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Light Industrial 93,440 15 % Atlanta Airport $ 4,476,000 $ 2,348,000 $ 587,000 $ 1,233,000 $ 308,000 Southfield / KRDC Industrial 200 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Light Industrial 49,217 57 % Atlanta Airport $ 2,950,000 $ 1,548,000 $ 387,000 $ 812,000 $ 203,000 5000 Xxxxxxx Xxxx Forest Park GA Bulk Warehouse 297,000 4 % Atlanta Airport $ 8,062,000 $ 4,229,000 $ 1,058,000 $ 2,220,000 $ 555,000 5000 Xxx Xxxxx Xxxxxxx Forest Park GA Bulk Warehouse 134,500 8 % Atlanta Airport $ 4,621,000 $ 2,424,000 $ 606,000 $ 1,273,000 $ 318,000 5000 Xxxxxxxxxx Xxxxx Xxxxxx Xxxx XX Warehouse 122,400 7 % Atlanta Airport $ 5,063,000 $ 2,656,000 $ 664,000 $ 1,394,000 $ 349,000 Allocable Prop. Building % Loan Fixed A-1 Floating A-2 Fixed B-1 Floating B-2 # Address City State Type NRA Office Submarket Amount Loan Loan Loan Loan 5000 Xxx Xxxxx Xxxxxxx Forest Park GA Light Industrial 34,288 30 % Atlanta Airport $ 1,847,000 $ 969,000 $ 242,000 $ 509,000 $ 127,000 5000 Xxx Xxxxx Xxxxxxx Forest Park GA Light Industrial 34,288 17 % Atlanta Airport $ 1,574,000 $ 826,000 $ 207,000 $ 433,000 $ 108,000 100 Xxxxxxxxxx Xxxxxxx Xxxxxx Xxxx XX Light Industrial 60,264 31 % Atlanta Airport $ 2,888,000 $ 1,515,000 $ 379,000 $ 795,000 $ 199,000 100 Xxxxxx Xxxx Xxxxxx Xxxx XX Warehouse 48,718 17 % Atlanta Airport $ 2,093,000 $ 1,096,000 $ 274,000 $ 580,000 $ 143,000 Exxxx, Southfield 235/245 & V / Southfield / KRDC Industrial Total 1,346,730 13 % Atlanta Airport $52,073,000 $27,316,000 $6,830,000 $14,344,000 $3,583,000 4 Northbrook 3000-0000 Xxxxxxxx Xx. Xxxxxxxxxx XX Warehouse 68,244 14 % Chicago North Cxxx $ 1,940,000 $ 1,018,000 $ 254,000 $ 534,000 $ 134,000 5 Xxx Xxxxx Xxxxxxx 1000 Xxxxxxxxx Xxx Elk Grove Village IL Warehouse 29,633 14 % Chicago O’Xxxx $ 808,000 $ 424,000 $ 106,000 $ 222,000 $ 56,000 1000 Xxxxxx Xxx Elk Grove Village IL Warehouse 35,908 10 % Chicago O’Xxxx $ 1,084,000 $ 569,000 $ 142,000 $ 298,000 $ 75,000 1000 Xxxxx Xxx Elk Grove Village IL Warehouse 62,500 6 % Chicago O’Xxxx $ 2,481,000 $ 1,302,000 $ 325,000 $ 683,000 $ 171,000 1000 Xxxxxxxxx Xxx Elk Grove Village IL Warehouse 35,493 10 % Chicago O’Xxxx $ 1,097,000 $ 575,000 $ 144,000 $ 302,000 $ 76,000 1000 Xxxxxxxxx Elk Grove Village IL Warehouse 50,695 9 % Chicago O’Xxxx $ 1,627,000 $ 854,000 $ 213,000 $ 448,000 $ 112,000 Elk Grove Total 214,229 9 % Chicago O’Xxxx $ 7,097,000 $ 3,724,000 $ 930,000 $ 1,953,000 $ 490,000 6 Itasca 1131-1139 Bryn Mawr Itasca IL Warehouse 125,955 5 % Chicago O’Xxxx $ 5,883,000 $ 3,086,000 $ 772,000 $ 1,620,000 $ 405,000 1000-0000 X Xxxx Xxxx Xxxxxx XX Warehouse 93,211 5 % Chicago O’Xxxx $ 3,474,000 $ 1,822,000 $ 456,000 $ 957,000 $ 239,000 1151-1159 Bryn Mawr Itasca IL Warehouse 93,640 16 % Chicago O’Xxxx $ 4,163,000 $ 2,184,000 $ 546,000 $ 1,146,000 $ 287,000 900-950 Hollywood Itasca IL Warehouse 83,520 6 % Chicago O’Xxxx $ 3,163,000 $ 1,659,000 $ 415,000 $ 871,000 $ 218,000 Itasca Total 396,326 8 % Chicago O’Xxxx $ 16,683,000 $ 8,751,000 $ 2,189,000 $ 4,594,000 $ 1,149,000 7 Xxxxxx Xxx 700 Xxxxxx Xxx Xxxxxxx XX Bulk Warehouse 96,960 15 % Chicago West Suburbs $ 4,756,000 $ 2,495,000 $ 624,000 $ 1,310,000 $ 327,000 700 Xxxxxx Xxx Addison IL Bulk Warehouse 195,131 11 % Chicago West Suburbs $ 7,838,000 $ 4,112,000 $ 1,028,000 $ 2,158,000 $ 540,000 Allocable Prop. Building % Loan Fixed A-1 Floating A-2 Fixed B-1 Floating B-2 # Address City State Type NRA Office Submarket Amount Loan Loan Loan Loan 700 Xxxxxx Xxx Xxxxxxx XX Warehouse 54,142 32 % Chicago West Suburbs $ 3,098,000 $ 1,625,000 $ 406,000 $ 854,000 $ 200,000 Xxxxxx Xxx Total 346,233 15 % Chicago West Suburbs $ 15,692,000 $ 8,232,000 $ 2,058,000 $ 4,322,000 $ 1,080,000 8 Wheeling 700 Xxxxx Xxx Wheeling IL Warehouse 82,000 15 % Chicago North Cxxx $ 2,467,000 $ 1,294,000 $ 324,000 $ 679,000 $ 170,000 9 Wood Dxxx 900-000 Xxxxxxx Xxx Xxxx Xxxx XX Light Industrial 43,958 11 % Chicago O’Xxxx $ 1,273,000 $ 668,000 $ 167,000 $ 350,000 $ 88,000 800-000 Xxxxxx Xxxx Xxxx XX Light Industrial 45,760 12 % Chicago O’Xxxx $ 1,101,000 $ 578,000 $ 144,000 $ 303,000 $ 76,000 Wood Dxxx Total 89,718 12 % Chicago O’Xxxx $ 2,374,000 $ 1,246,000 $ 311,000 $ 653,000 $ 164,000 10 Xxxxxx Xxxx 700-000 Xxxxxx Xxxx Elk Grove IL Light Industrial 54,450 9 % Chicago O’Xxxx $ 1,959,000 $ 1,028,000 $ 257,000 $ 539,000 $ 135,000 800-000 Xxxxxx Xxxx Elk Grove IL Light Industrial 65,140 9 % Chicago O’Xxxx $ 1,903,000 $ 998,000 $ 250,000 $ 524,000 $ 131,000 Bxxxxx Xxxx Total 119,590 9 % Chicago O’Xxxx $ 3,862,000 $ 2,026,000 $ 507,000 $ 1,063,000 $ 266,000 11 Richardson Tech Center 1000 X. Xxxxxxxxx Xxx. Xxxxxx XX Flex Industrial 25,600 100 % DFW Richardson $ 2,032,000 $ 1,066,000 $ 266,000 $ 560,000 $ 140,000 12 Carson 20640-20810 Fxxxxxx Ave Carson CA Bulk Warehouse 300,636 2 % LA South Bay $ 18,251,000 $ 9,574,000 $ 2,394,000 $ 5,026,000 $ 1,257,000 13 City of January 25, 2008 DESIGNATED DEFAULTS None, except:Industry 18955-18979 East Railroad Ave City of Industry CA Bulk Warehouse 89,924 5 % LA San Gxxxxxx $ 4,376,000 $ 2,296,000 $ 574,000 $ 1,205,000 $ 301,000 10000 Xxxx Xxxxxxxx Xxx Xxxx xx Xxxxxxxx XX Bulk Warehouse 100,000 4 % LA San Gxxxxxx $ 4,866,000 $ 2,553,000 $ 638,000 $ 1,340,000 $ 335,000 10000 Xxxx Xxxxxxxx Xxx Xxxx xx Xxxxxxxx XX Bulk Warehouse 75,000 9 % LA San Gxxxxxx $ 3,334,000 $ 1,749,000 $ 437,000 $ 918,000 $ 230,000 10000-00000 Xxxxxx Xxx City of Industry CA Bulk Warehouse 194,471 5 % LA San Gxxxxxx $ 9,258,000 $ 4,857,000 $ 1,214,000 $ 2,550,000 $ 637,000 Allocable Prop. Building % Loan Fixed A-1 Floating A-2 Fixed B-1 Floating B-2 # Address City State Type NRA Office Submarket Amount Loan Loan Loan Loan City of Industry Total 459,395 5 % LA San Gxxxxxx $ 21,834,000 $ 11,455,000 $ 2,863,000 $ 6,013,000 $ 1,503,000 14 Norwalk 10000 Xxxxx Xxxx Xxx Xxxxxxx XX Warehouse 60,000 10 % LA Mid Counties $ 3,023,000 $ 1,586,000 $ 396,000 $ 833,000 $ 208,000 15 Axxxxxxx Business Center 3000 Xxxxxxxx Xxxxxx San Leandro CA Warehouse 32,640 0 % San Leandro $ 3,473,000 $ 1,822,000 $ 455,000 $ 957,000 $ 239,000 3000 Xxxxxxxx Xxxxxx San Leandro CA Warehouse 109,094 8 % San Leandro $ 5,372,000 $ 2,818,000 $ 705,000 $ 1,479,000 $ 370,000 2000-0000 Xxxxxxxx Xxxxxx San Leandro CA Warehouse 200,800 19 % San Leandro $ 10,528,000 $ 5,523,000 $ 1,381,000 $ 2,901,000 $ 723,000 2000-0000 Xxxxxxxx Xxxxxx San Leandro CA Warehouse 310,432 10 % San Leandro $ 18,355,000 $ 9,629,000 $ 2,407,000 $ 5,055,000 $ 1,264,000 3000 Xxxxxxxx Xxxxxx San Leandro CA Warehouse 43,059 20 % San Leandro $ 2,622,000 $ 1,375,000 $ 344,000 $ 722,000 $ 181,000 Axxxxxxx Business Center Total 696,025 12 % San Leandro $ 40,350,000 $ 21,167,000 $ 5,292,000 $ 11,114,000 $ 2,777,000 10 Xxxxxxx Xxxxx 1000 Xxxxxxx Xx Xxx Xxxxxxx XX Bulk Warehouse 18,000 0 % San Leandro $ 2,274,000 $ 1,193,000 $ 298,000 $ 626,000 $ 157,000 1000 Xxxxxxx Xx Xxx Xxxxxxx XX Bulk Warehouse 80,080 7 % San Leandro $ 4,397,000 $ 2,307,000 $ 577,000 $ 1,211,000 $ 302,000 1000 Xxxxxxx Xx Xxx Xxxxxxx XX Bulk Warehouse 157,324 5 % San Leandro $ 7,640,000 $ 4,008,000 $ 1,002,000 $ 2,104,000 $ 526,000 1000 Xxxxxxx Xx Xxx Xxxxxxx XX Bulk Warehouse 115,660 6 % San Leandro $ 6,477,000 $ 3,398,000 $ 849,000 $ 1,784,000 $ 400,000 Xxxxxxx Xxxxx Total 371,064 6 % San Leandro $ 20,788,000 $ 10,906,000 $ 2,726,000 $ 5,725,000 $ 1,431,000 17 Los Nietos 9000-0000 Xxxxxxx Xxxx Xxxxx Xx Xxxxxxx XX Warehouse 99,501 12 % LA Mid Counties $ 4,138,000 $ 2,171,000 $ 543,000 $ 1,140,000 $ 284,000 9000-0000 Xxxxxxx Xxxx Xxxxx Xx Xxxxxxx XX Warehouse 71,156 10 % LA Mid Counties $ 4,253,000 $ 2,231,000 $ 558,000 $ 1,171,000 $ 293,000 11925-11933 Los Nietos Santa Fe Springs CA Flex Industrial 22,764 55 % LA Mid Counties $ 1,795,000 $ 942,000 $ 235,000 $ 494,000 $ 124,000 9000-0000 Xxxxxxx Xxxx Xxxxx Xx Xxxxxxx XX Flex Industrial 19,536 44 % LA Mid Counties $ 1,686,000 $ 884,000 $ 221,000 $ 464,000 $ 117,000 Los Nietos Total 212,957 19 % LA Mid Counties $ 11,872,000 $ 6,228,000 $ 1,557,000 $ 3,269,000 $ 818,000 Allocable Prop. Building % Loan Fixed A-1 Floating A-2 Fixed B-1 Floating B-2 # Address City State Type NRA Office Submarket Amount Loan Loan Loan Loan 18 Milmont Page 40000 Xxxxxxx Xxx Xxxxxxx XX Warehouse 132,652 11 % Fremont $ 6,301,000 $ 3,305,000 $ 826,000 $ 1,735,000 $ 435,000 40000 Xxxxxxx Xxx Xxxxxxx XX Light Industrial 33,600 42 % Fremont $ 1,676,000 $ 879,000 $ 220,000 $ 462,000 $ 115,000 40000 Xxxxxxx Xxx Xxxxxxx XX Light Industrial 33,610 42 % Fremont $ 1,982,000 $ 1,040,000 $ 260,000 $ 546,000 $ 136,000 Milmont Page Total 199,862 21 % Fremont $ 9,959,000 $ 5,224,000 $ 1,306,000 $ 2,743,000 $ 686,000 10 Xxxxxx Xxxxx 8000 Xxxxxx Xxxxx Oakland CA Warehouse 33,411 16 % Oakland $ 3,318,000 $ 1,741,000 $ 435,000 $ 914,000 $ 228,000 Portfolio Total 6,456,817 10 % Various $ 305,000,000 $ 160,000,000 $ 40,000,000 $ 84,000,000 $ 21,000,000 EXHIBIT B Security Pool # PROPERTY BXXXXXXX XXXXXXX XXXX XXXXX
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICALA-Z-BOY INCORPORATED, a Michigan corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President and Treasurer ENGLAND, INC., a Florida Michigan corporation By: /s/ Xxxx X. Xxxxxx X. Xxxx Name: Xxxx X. Xxxxxx X. Xxxx Title: Vice President and Chief Executive Officer CATALOGUE VENTURESTreasurer LA-Z-BOY CANADA LIMITED, an Ontario corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President and Treasurer LA-Z-BOY CASEGOODS, INC., a Florida North Carolina corporation By: /s/ Xxxx X. Xxxxxx X. Xxxx Name: Xxxx X. Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPVice President and Treasurer LZB MANUFACTURING, INC., a Delaware Michigan corporation By: /s/ Xxxx X. Xxxxxx X. Xxxx Name: Xxxx X. Xxxxxx X. Xxxx Title: Vice President and Chief Executive Officer RINZI AIRTreasurer SUBSIDIARY GUARANTORS: LA-Z-BOY LOGISTICS, L.L.C.INC., a Florida limited liability company Michigan corporation By: /s/ Xxxx X. Xxxxxx X. Xxxx Name: Xxxx X. Xxxxxx X. Xxxx Title: Vice President and Chief Executive Officer Treasurer LZB RETAIL, INC., a Michigan corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President and Treasurer LZB FURNITURE GALLERIES OF WASHINGTON D.C., INC., a Michigan corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President and Treasurer LZB FINANCE, INC., a Michigan corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President and Treasurer ADMINISTRATIVE AGENTAGENT AND THE LENDERS: DYMAS FUNDING COMPANYXXXXX FARGO CAPITAL FINANCE, LLC, as Administrative Agent By: Dymas Capital Management CompanyAgent, LLCJoint Lead Arranger, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Joint Bookrunner, as a Swingline Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as and a Lender By: /s/ Alexander J, Xxx Xxxxxxxx Name: Xxxxxxxxx Xxx Xxxxxxxx Title: Authorized Signatory XXXXX FARGO BANK, N.A., as Issuing Lender, and a Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A., as Documentation Agent, Joint Lead Arranger, Joint Bookrunner, and a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as Syndication Agent, Joint Lead Arranger, Joint Bookrunner, and a Lender By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY Authorized Officer COMERICA BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Vice President EXHIBIT A-1 FORM OF REVOLVING CREDIT NOTE US $[ ] [ , 20 ] FOR VALUE RECEIVED, the undersigned, LA-Z-BOY INCORPORATED, a Michigan corporation, ENGLAND, INC., a Michigan corporation, LA-Z-BOY CASEGOODS, INC., a North Carolina corporation, LZB MANUFACTURING, INC., a Michigan corporation, and LA-Z-BOY CANADA LIMITED, an Ontario corporation, (hereinafter, together with their respective successors and assigns, each of the foregoing is referred to individually as a “Borrower” and collectively as the “Borrowers”), hereby, jointly and severally, promises to pay to the order of [ ] (hereinafter, together with its successors and assigns, the “Lender”), at the office of Administrative Agent (as defined below), in immediately available funds, the principal sum of [ ] and [ ]/100s DOLLARS ($[ ]) of United States funds, or, if less, so much thereof as may from time to time be advanced as Revolving Credit Loans by the Lender to the Borrowers under the Credit Agreement (as defined below), plus interest as hereinafter provided. Such Revolving Credit Loans may be endorsed from time to time on Annex 1 attached hereto, but the failure to make such notations shall not affect the validity of the Borrowers’ obligation to repay unpaid principal and interest hereunder. This Revolving Credit Note (this “Revolving Note”) is one of the Revolving Credit Notes referred to in that certain Second Amended and Restated Credit Agreement, dated as of December 19, 2017, by and among LA-Z-BOY INCORPORATED, a Michigan corporation (“Parent”), the Subsidiaries of Parent party thereto, the lenders who are or may become a party thereto from time to time (the “Lenders”) and XXXXX FARGO CAPITAL FINANCE, LLC, as administrative agent (“Administrative Agent”) (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). All capitalized terms used herein shall have the meanings ascribed to such terms in the Credit Agreement except to the extent such capitalized terms are otherwise defined or limited herein. All principal amounts and other Obligations then outstanding hereunder shall be due and payable in full on the Revolving Credit Maturity Date, or such earlier date as the Revolving Credit Loans shall be due and payable in full, whether by acceleration or otherwise, pursuant to the Credit Agreement. The Borrowers also shall repay the principal outstanding hereunder from time to time as provided in the Credit Agreement. The Borrowers shall be entitled to borrow, repay and re-borrow funds hereunder pursuant to the terms and conditions of the Credit Agreement. Prepayment of the principal amount of any Revolving Credit Loan may be made only as provided in the Credit Agreement. The Borrowers hereby, jointly and severally, promise to pay interest on the unpaid principal amount hereof as provided in Article 6 of the Credit Agreement. Interest under this Revolving Note also shall be due and payable when this Revolving Note shall become due (whether at maturity, by reason of acceleration or otherwise). The Obligations shall bear interest payable at the default interest rate set forth in Section 6.1(d) of the Credit Agreement in the manner and at the times provided in the Credit Agreement. In no event shall the amount of interest due or payable hereunder exceed the maximum rate of interest allowed by applicable law, and in the event any such payment is inadvertently made by any Borrower or inadvertently received by the Lender, then such excess sum shall be credited as a payment of principal, unless such Borrower shall notify the Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated in writing that it elects to have such excess sum returned forthwith. It is the express intent hereof that the Borrowers not pay, and the Lender not receive, directly or indirectly, in any manner whatsoever, interest in excess of that which may legally be paid by the Borrowers under applicable law. All parties now or hereafter liable with respect to this Revolving Note, whether any Borrower, any guarantor, endorser or any other Person, hereby waive presentment for payment, demand, notice of non-payment or dishonor, protest, notice of protest and notice of any other kind whatsoever. No delay or omission on the part of the Lender or any holder hereof in exercising its rights under this Revolving Note, or delay or omission on the part of the Lender, Administrative Agent, the Lenders or the Required Lenders, or any of them, in exercising its or their rights under the Credit Agreement or under any other Loan Document, or course of conduct relating thereto, shall operate as a waiver of January 25such rights or any other right of the Lender or any holder hereof, 2008 DESIGNATED DEFAULTS Nonenor shall any waiver by the Lender, except:Administrative Agent, the Lenders or the Required Lenders, or any of them, or any holder hereof, of any such right or rights on any one occasion be deemed a bar to, or waiver of, the same right or rights on any future occasion. The Borrowers hereby, jointly and severally, promise to pay all costs of collection, including, without limitation, reasonable attorneys’ fees, should this Revolving Note be collected by or through an attorney-at-law or under advice therefrom. Time is of the essence in this Revolving Note. This Revolving Note evidences the Lender’s portion of the Revolving Credit Loans under, and is entitled to the benefits and subject to the terms of, the Credit Agreement, which contains provisions with respect to the acceleration of the maturity of this Revolving Note upon the happening of certain stated events, and provisions for prepayment and repayment. This Revolving Note is secured by and is also entitled to the benefits of the Loan Documents to the extent provided therein and any other agreement or instrument providing collateral for the Revolving Credit Loans, whether now or hereafter in existence, and any filings, instruments, agreements and documents relating thereto and providing collateral for the Revolving Credit Loans. This Revolving Note shall be construed in accordance with and governed by the laws of the State of North Carolina, without reference to the conflicts or choice of law principles thereof.
Appears in 1 contract
Samples: Credit Agreement (La-Z-Boy Inc)
BORROWERS. BODY SHOP OF AMERICAPERNIX THERAPEUTICS, LLC, a Louisiana limited liability company By: Pernix Therapeutics Holdings, Inc., a Maryland corporation Its: Sole Member and Sole Manager By: /s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer CYPRESS PHARMACEUTICALS, INC., a Florida Mississippi corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer CATALOGUE VENTURESBORROWERS: GTA GP, INC., a Florida Maryland corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer GUARANTORSGTA LP, INC., a Maryland corporation By: BODY CENTRAL ACQUISITION CORP/s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer GAINE, INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer RINZI AIR, L.L.C.RESPICOPEA INC., a Florida Delaware corporation By: /s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer HAWTHORN PHARMACEUTICALS, INC., a Mississippi corporation By: /s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer PERNIX SLEEP, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx President and Chief Executive Officer LENDER: MIDCAP FUNDING IV, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx Managing Director AGENT: DYMAS MIDCAP FUNDING COMPANYIV, LLC, as Administrative Agent a Delaware limited liability company By: Dymas Capital Management Company/s/ Xxxxxxx Xxxxxxxx (SEAL) Xxxxxxx Xxxxxxxx Managing Director ANNEX A EXHIBIT B TO CREDIT AGREEMENT (COMPLIANCE CERTIFICATE) COMPLIANCE CERTIFICATE Date: __________, 201__ This Compliance Certificate is given by _____________________, a Responsible Officer of Pernix Therapeutics Holdings, Inc. (the “Borrower Representative”), pursuant to that certain Amended and Restated Credit Agreement dated as of May 8, 2013 among the Borrower Representative, the other Borrowers named therein, and any additional Borrower that may hereafter be added thereto (collectively, “Borrowers”), MidCap Financial, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., individually as a Lender By: Xxxxxxxxx Financial LLCand as Agent, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCand the financial institutions or other entities from time to time parties hereto, each as a Lender By: NewStar Financial(as such agreement may have been amended, Inc.restated, its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1supplemented or otherwise modified from time to time, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, exceptthe “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement. The undersigned Responsible Officer hereby certifies to Agent and Lenders that:
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
BORROWERS. BODY SHOP OF AMERICAAPEX GLOBAL BRANDS, INC.. (f/k/a Cherokee Inc.), a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESCEO XXXXX ACQUISITION COMPANY B.V., INC., a Florida corporation as Dutch Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender A By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE Director B GUARANTORS: APEX GLOBAL BRANDS, INC. By:/s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO SPELL C. LLC By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO CHEROKEE BRANDS LLC By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HAWK 900 BRANDS LLC By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO EDCA LLC By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FFS HOLDINGS, LLC By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO FLIP FLOP SHOES FRANCHISE COMPANY, LLC By: FFS HOLDINGS, LLC, as a Lender its sole member By: APEX GLOBAL BRANDS, INC., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:CEO HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS PLC By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC SPORTS UK LIMITED By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO HI-TEC NEDERLAND B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO
Appears in 1 contract
Samples: Financing Agreement and Forbearance Agreement (Apex Global Brands Inc.)
BORROWERS. BODY SHOP OF AMERICACLEVELAND-CLIFFS INC.NORTHSHORE MINING COMPANYCLIFFS MINING COMPANYTHE CLEVELAND-CLIFFS IRON COMPANY /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Vice President, INC.Chief Legal Officer and Secretary UNITED TACONITE LLC LAKE SUPERIOR & ISHPEMING RAILROAD COMPANY /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Secretary AUSTRALIAN BORROWERS Executed by Cliffs Natural Resources Pty Ltd ACN 112 437 180 in accordance with section 127 of the Corporations Xxx 0000: /s/ Xxxxxx Xxxxxx /s/ Xxxxx Xxxxx Director/Company Secretary Director XXXXXX XXXXXX XXXXX XXXXX Name of Director/Company Secretary (BLOCK LETTERS) Name of Director (BLOCK LETTERS) Executed by Cliffs Asia Pacific Iron Ore Pty Ltd ACN 001 892 995 in accordance with section 127 of the Corporations Xxx 0000: /s/ Xxxxxx Xxxxxx /s/ Xxxxx Xxxxx Director/Company Secretary Director XXXXXX XXXXXX XXXXX XXXXX Name of Director/Company Secretary (BLOCK LETTERS) Name of Director (BLOCK LETTERS) [Signature Page to Amended and Restated Syndicated Facility Agreement] Bank Of America, N.A., as Agent, as Australian Security Trustee, as Joint Lead Arranger, as Joint Book Runner, and as a Florida corporation Lender By: /s/ Xxxxxx X. Xxxx Xxxxxx Name: Xxxxxx X. Xxxx Xxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President A4 FUNDING LP[Signature Page to Amended and Restated Syndicated Facility Agreement] PNC Bank, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCNational Association, as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx X. Xxxxx Name: Xxxxxxxxx Xxxxxx X. Xxxxxxxx Xxxxx Title: Vice President [Signature Page to Amended and Restated Syndicated Facility Agreement] Citizens Bank, N.A. By: /s/ Xxxxx X. XxXxxxxxx Name: Xxxxx X. XxXxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender [Signature Page to Amended and Restated Syndicated Facility Agreement] DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxxxxx Xxxxxx Xxxxx Name: Xxxxxxxx Xxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE Vice President If second signatures is needed: By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: Vice President [Signature Page to Amended and Restated Syndicated Facility Agreement] Regions Bank By: /s/ Xxxxxxx X. XxXxxxxx Name: Xxxxxxx X. XxXxxxxx Title: Managing Director [Signature Page to Amended and Restated Syndicated Facility Agreement] CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Authorized Signatory By: /s/ Xxxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxxxx Title: Authorized Signatory [Signature Page to Amended and Restated Syndicated Facility Agreement] XXXXXXX SACHS BANK USA By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Authorized Signatory [Signature Page to Amended and Restated Syndicated Facility Agreement] XXXXXXX XXXXX LENDING PARTNERS LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Authorized Signatory [Signature Page to Amended and Restated Syndicated Facility Agreement] The Huntington National Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Senior Vice President [Signature Page to Amended and Restated Syndicated Facility Agreement] JEFFERIES FINANCE LLCLLC By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President JFIN BUSINESS CREDIT FUND I LLC By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President EXHIBIT A-1 FORM OF ASSIGNMENT AND ACCEPTANCE AGREEMENT This ASSIGNMENT AND ACCEPTANCE AGREEMENT (“Assignment Agreement”) is entered into as of [Ÿ] between [Ÿ] (“Assignor”) and [Ÿ] (“Assignee”). Reference is made to the Amended and Restated Syndicated Facility Agreement dated as of February 28, 2018 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among CLEVELAND-CLIFFS INC., an Ohio corporation, as parent (“Parent”), the Subsidiaries of Parent identified on the signature pages thereto (such Subsidiaries, together with Parent, the “Borrowers”), the lenders party thereto and BANK OF AMERICA, N.A., a national banking association, as agent for each member of the Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Group and the Bank Product Providers (the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Credit Agreement.
Appears in 1 contract
Samples: Syndicated Facility Agreement (Cleveland-Cliffs Inc.)
BORROWERS. BODY SHOP OF AMERICAHXXXXX TECHNOLOGIES COMPANY By: _/s/ Kxxxx Zugibe_________________ Name: Kxxxx Xxxxxx Title: CEO HXXXXX HOLDINGS, INC.. By: _/s/ Kxxxx Zugibe__________________ Name: Kxxxx Xxxxxx Title: CEO ASPEN REFRIGERANTS, a Florida corporation INC. By: _/s/ Kxxxx Zugibe___________________ Name: Kxxxx Xxxxxx Title: CEO GUARANTOR: HXXXXX TECHNOLOGIES, INC. By: _/s/ Kxxxx Zugibe__________________ Name: Kxxxx Xxxxxx Title: CEO AGENT: U.S. BANK NATIONAL ASSOCIATION, as the Agent By: /s/ Xxxxxx X. Lxxx Xxxx Name: Xxxxxx X. Lxxx Xxxx Title: Vice President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation LENDERS: FS INVESTMENT CORPORATION By: /s/ Xxxxxx Pxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx Pxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner Authorized Signatory FS INVESTMENT CORPORATION IV By: /s/ Alexander J, Pxxxxx X. Xxxxxxxx Name: Xxxxxxxxx Pxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender Authorized Signatory GREEN CREEK LLC By: /s/ Alexander J, Pxxxxx X. Xxxxxxxx Name: Xxxxxxxxx Pxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender Authorized Signatory JUNIATA RIVER LLC By: /s/ Pxxxxx X. Xxxxxxxx Xxxxx Name: Pxxxxx X. Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender Authorized Signatory JEFFERSON SQUARE FUNDING LLC By: /s/ Pxxxxx X. Xxxxxxxx Name: Pxxxxx X. Xxxxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Authorized Signatory
Appears in 1 contract
Samples: Credit and Security Agreement (Hudson Technologies Inc /Ny)
BORROWERS. BODY SHOP FREDERICK’S OF AMERICA, HOLLYWOOD GROUP INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Financial Officer FOH HOLDINGS, INC. By: /s/ Xxxxx XxXx Name: Xxxxx XxXx Title: President and Chief Executive Officer CATALOGUE VENTURESFREDERICK’S OF HOLLYWOOD, INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx Xxxxx XxXx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxx XxXx Title: President and Chief Executive Officer RINZI AIRFREDERICK’S OF HOLLYWOOD STORES, L.L.C., a Florida limited liability company INC. By: /s/ Xxxxxx X. Xxxx Xxxxx XxXx Name: Xxxxxx X. Xxxx Xxxxx XxXx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYHOLLYWOOD MAIL ORDER, LLC, as Administrative Agent LLC By: Dymas Capital Management CompanyFOH Holdings, LLCInc., its Manager By: /s/ Xxxxxx X. Xxxxxxx Xxxxx XxXx Name: Xxxxxx X. Xxxxxxx Xxxxx XxXx Title: Managing Director LENDERSPresident and Chief Executive Officer AGENT AND LENDER: XXXXXXXXX FINANCIAL CAYMAN LTD.XXXXX FARGO RETAIL FINANCE II, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxx Name: Xxxxxxxx Xxxx Title:nbsp; Senior Vice President Schedule 1.01(C) Lenders and Lenders’ Commitments Lender Revolving Credit Commitment Percentage Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCFargo Retail Finance II, as a Lender By: Name: Title: EXHIBIT A TO WAIVER LLC $25,000,0002 100.00% Total $25,000,000 100.00% ______________ 2 Subject to Section 2.01(c) of this Agreement. AMENDED AND THIRD AMENDMENT TO RESTATED FINANCING AGREEMENT Dated as of January 2528, 2008 DESIGNATED DEFAULTS Noneby and among FREDERICK’S OF HOLLYWOOD GROUP INC., except:and CERTAIN OF ITS SUBSIDIARIES, as Borrowers, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO and XXXXX FARGO RETAIL FINANCE II, LLC, as the Arranger and Agent TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; CERTAIN TERMS 1 SECTION 1.01. Definitions 1 SECTION 1.02. Terms Generally 30 SECTION 1.03. Accounting and Other Terms 30 SECTION 1.04. Time References 30 ARTICLE II THE LOANS 31 SECTION 2.01. Revolving Credit Commitments 31 SECTION 2.02. Making the Loans 32 SECTION 2.03. Revolving Credit Notes; Repayment of Loans 34 SECTION 2.04. Interest 34 SECTION 2.05. Reduction of Commitment; Prepayment of Revolving Loans 37 SECTION 2.06. Fees 39 SECTION 2.07. Cash Management 40 SECTION 2.08. Taxes 41 SECTION 2.09. Early Termination by Borrowers 43 ARTICLE IIA LETTERS OF CREDIT 44 SECTION 2.01A. Letter of Credit Guaranty 44 SECTION 2.02A. Participations 46 SECTION 2.03A. Letters of Credit 47 ARTICLE III [Intentionally Omitted] 49 ARTICLE IV FEES, PAYMENTS AND OTHER COMPENSATION 49 SECTION 4.01. Audit and Collateral Monitoring Fees 49 SECTION 4.02. Payments; Computations and Statements 49 SECTION 4.03. Sharing of Payments, Etc. 50 SECTION 4.04. Apportionment of Payments 50 SECTION 4.05. Increased Costs and Reduced Return 51 SECTION 4.06. Joint and Several Liability of the Borrowers 52 ARTICLE V CONDITIONS TO LOANS 53 SECTION 5.01. Conditions Precedent to Effectiveness 53 SECTION 5.02. Conditions Precedent to all Revolving Loans and Letters of Credit 56 ARTICLE VI REPRESENTATIONS AND WARRANTIES 58 SECTION 6.01. Representations and Warranties 58 ARTICLE VII COVENANTS 66 SECTION 7.01. Affirmative Covenants 66 SECTION 7.02. Negative Covenants 75 ARTICLE VIII [Intentionally Omitted] 80 ARTICLE IX EVENTS OF DEFAULT 80 Page SECTION 9.01. Events of Default 80 ARTICLE X AGENT 85 SECTION 10.01. Appointment 85 SECTION 10.02. Nature of Duties 85 SECTION 10.03. Rights, Exculpation, Etc. 86 SECTION 10.04. Reliance 87 SECTION 10.05. Indemnification 87 SECTION 10.06. Agent Individually 87 SECTION 10.07. Successor Agent 87 SECTION 10.08. Collateral Matters 88 SECTION 10.09. Agency for Perfection 89 ARTICLE XI [Intentionally Omitted] 90 ARTICLE XII MISCELLANEOUS 90 SECTION 12.01. Notices, Etc. 90 SECTION 12.02. Amendments, Etc. 91 SECTION 12.03. No Waiver; Remedies, Etc. 92 SECTION 12.04. Expenses; Taxes; Attorneys’ Fees 92 SECTION 12.05. Right of Set-off 93 SECTION 12.06. Severability 93 SECTION 12.07. Assignments and Participations 93 SECTION 12.08. Counterparts 96 SECTION 12.09. GOVERNING LAW 96 SECTION 12.10. CONSENT TO JURISDICTION; SERVICE OF PROCESS AND VENUE 96 SECTION 12.11. WAIVER OF JURY TRIAL, ETC. 97 SECTION 12.12. Consent by the Agent and Lenders 97 SECTION 12.13. Integration 97 SECTION 12.14. No Party Deemed Drafter 97 SECTION 12.15. Reinstatement; Certain Payments 98 SECTION 12.16. Frederick’s as Agent for Borrowers 98 SECTION 12.17. Indemnification 98 SECTION 12.18. Records 99 SECTION 12.19. Binding Effect 99 SECTION 12.20. Confidentiality 99 SECTION 12.21. Limitations on Liability of Officers 100 SECTION 12.22. Intent to Limit Charges to Maximum Lawful Rate 100 SECTION 12.23. USA Patriot Act Notice 100
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAUNIVERSAL STAINLESS & ALLOY PRODUCTS, INC., WITNESS: a Florida Delaware corporation /s/ Xxxx X. XxXxxxx By: /s/ Xxxx X. Xxxxxx X. Xxxx (SEAL) Name: Xxxx X. Xxxxxx X. Xxxx Title: President V.P. Finance, CFO and Chief Executive Officer CATALOGUE VENTURESTreasurer DUNKIRK SPECIALTY STEEL, INC.LLC, WITNESS: a Florida corporation Delaware limited liability company /s/ Xxxx X. XxXxxxx By: /s/ Xxxx X. Xxxxxx X. Xxxx (SEAL) Name: Xxxx X. Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORSNORTH XXXXXXX SPECIALTY STEEL, LLC, WITNESS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation limited liability company /s/ Xxxx X. XxXxxxx By: /s/ Xxxx X. Xxxxxx X. Xxxx (SEAL) Name: Xxxx X. Xxxxxx X. Xxxx Title: President Treasurer ADMINISTRATIVE AGENT AND LENDERS: PNC BANK, NATIONAL ASSOCIATION, as a Lender and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxx X. Xxxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Executive Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President THE HUNTINGTON NATIONAL CITY BANK, as a Lender By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCVice President FIFTH THIRD BANK, as a Lender By: /s/ Xxxx X. Oris Name: Xxxx X. Oris Title: Senior Vice President FIRST NATIONAL BANK OF PENNSYLVANIA, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President FIRST COMMONWEALTH BANK, as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President ANNEX 1 EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated 8.2.6 FORM OF ACQUISITION COMPLIANCE CERTIFICATE , 201 PNC Bank, National Association, as Administrative Agent Three PNC Plaza 000 Xxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Ladies and Gentlemen: I refer to the Credit Agreement, dated as of January 25August 18, 2008 DESIGNATED DEFAULTS None2011, exceptby and among Universal Stainless & Alloy Products, Inc., a Delaware corporation (“Universal”), Dunkirk Specialty Steel, LLC, a Delaware limited liability company (“Dunkirk”), North Xxxxxxx Specialty Steel, LLC, a Delaware limited liability company (“North Xxxxxxx”) (Universal, Dunkirk, and North Xxxxxxx are each, a “Borrower” and collectively, the “Borrowers”), the Guarantors (as defined therein) party thereto, PNC Bank, National Association (“PNC Bank”) and various other financial institutions from time to time (PNC Bank and such other financial institutions are each a “Lender” and collectively, the “Lenders”), and PNC Bank, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as amended by that certain (i) First Amendment to Credit Agreement, dated Xxxxx 00, 0000, (xx) Second Amendment to Credit Agreement, dated Xxxxx 00, 0000, (xxx) Third Amendment to Credit Agreement, dated November 7, 2013 and (iv) Fourth Amendment to Credit Agreement, dated October 23, 2015 (as may be further amended, modified, supplemented or restated from time to time, the “Credit Agreement”). Unless otherwise defined herein, terms defined in the Credit Agreement are used herein with the same meanings. [insert name of applicable Loan Party] intends to enter into a Permitted Acquisition with [enter name of the target company] pursuant to which [insert name of applicable Loan Party] will [provide a brief description of the transactions contemplated by such Permitted Acquisition]. This Certificate is delivered to the Administrative Agent in accordance with Section 8.2.6 [Liquidations, Mergers, Consolidations, Acquisitions] of the Credit Agreement. I, the [Chief Executive Officer/President/Chief Financial Officer/Treasurer or Assistant Treasurer] of each Borrower, do hereby certify as of , 201 , which is at least five (5) Business Days prior to such Permitted Acquisition (the “Report Date”), as follows:
Appears in 1 contract
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc)
BORROWERS. BODY SHOP OF AMERICAAPEX GLOBAL BRANDS, INC.. (f/k/a Cherokee Inc.), a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Hxxxx Xxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Hxxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL IXXXX ACQUISITION CORP.COMPANY B.V., a Delaware corporation as Dutch Borrower By: /s/ Xxxxxx X. Xxxx Hxxxx Xxxxx Name: Xxxxxx X. Xxxx Hxxxx Xxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company Director A By: /s/ Xxxxxx X. Xxxx Kxxxxxxx Xxxxx Name: Xxxxxx X. Xxxx Kxxxxxxx Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENTDirector B GUARANTORS: DYMAS FUNDING CHEROKEE INC. By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO SPELL C. LLC By: CHEROKEE INC., its sole member By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO CHEROKEE BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HAWK 900 BRANDS LLC By: CHEROKEE INC., its sole member By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO EDCA LLC By: CHEROKEE INC., its sole member By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO FFS HOLDINGS, LLC By: CHEROKEE INC., its sole member By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO FLIP FLOP SHOES FRANCHISE COMPANY, LLC, as Administrative Agent LLC By: Dymas Capital Management CompanyFFS HOLDINGS, LLC, its Manager sole member By: CHEROKEE INC., its sole member By: /s/ Xxxxxx X. Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HI-TEC SPORTS PLC By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HI-TEC SPORTS UK LIMITED By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO HI-TEC NEDERLAND B.V. By: /s/ Hxxxx Xxxxx Name: Hxxxx Xxxxx Title: CEO COLLATERAL AGENT AND ADMINISTRATIVE AGENT: GXXXXX XXXXXXXX FINANCE COMPANY By: /s/ Fxxxxxx Xxxxxxx Name: Xxxxxx X. Fxxxxxx Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPLENDERS: GXXXXX XXXXXXXX FINANCE COMPANY, as a Lender By: A4 Fund Management, Inc., its General Partner LLC By: /s/ Alexander J, Xxxxxxxx Fxxxxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Fxxxxxx Xxxxxxx Title: Vice President ABLECO FINANCE LLCGXXXXX XXXXXXXX BRANDS, as a Lender LLC By: /s/ Alexander J, Xxxxxxxx Pxxxxxxx X. Parent Name: Xxxxxxxxx Pxxxxxxx X. Xxxxxxxx Parent Title: Senior Vice President NATIONAL CITY BANKVP, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Asst. Secretary
Appears in 1 contract
Samples: Financing Agreement and Forbearance Agreement (Apex Global Brands Inc.)
BORROWERS. BODY SHOP OF AMERICA, INC.SPARK NETWORKS SE, a Florida corporation Societas Europaea, as a Borrower and as Administrative Borrower By: /s/ Xxxxxx X. Xxxx Rxxxxx X’Xxxx Name: Xxxxxx X. Xxxx Rxxxxx X’Xxxx Title: President and Chief Executive Financial Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Jxxxxxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Jxxxxxxx Xxxxxxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPSPARK NETWORKS, INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Rxxxxx X’Xxxx Name: Xxxxxx X. Xxxx Rxxxxx X’Xxxx Title: President and Chief Executive Financial Officer RINZI AIRZOOSK, L.L.C.INC., a Florida Delaware corporation By: /s/ Rxxxxx X’Xxxx Name: Rxxxxx X’Xxxx Title: Chief Financial Officer GUARANTORS: LOV USA, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Rxxxxx X’Xxxx Name: Xxxxxx X. Xxxx Rxxxxx X’Xxxx Title: President and Chief Executive Financial Officer ADMINISTRATIVE AGENTMINGLEMATCH, INC., a Utah corporation By: DYMAS FUNDING COMPANY/s/ Rxxxxx X’Xxxx Name: Rxxxxx X’Xxxx Title: Chief Financial Officer SMOOCH LABS INC., a Delaware corporation By: /s/ Rxxxxx X’Xxxx Name: Rxxxxx X’Xxxx Title: Chief Financial Officer SPARK NETWORKS USA, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxxx Rxxxxx X’Xxxx Name: Xxxxxx X. Xxxxxxx Rxxxxx X’Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Chief Financial Officer SPARK NETWORKS SERVICES GMBH, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager Gesellschaft mit beschrankter Haftung By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Gxxxx Xxxxxxxxx Name: NewStar Financial Gxxxx Xxxxxxxxx Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Counsel
Appears in 1 contract
Samples: Loan Agreement (Spark Networks SE)
BORROWERS. BODY SHOP OF AMERICARTI SURGICAL, INC., a Florida corporation as Borrower and Borrower Representative By: /s/ Xxxxxxxx X. Xxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxxxx Title: Chief Financial and Administrative Officer, Corporate Secretary PIONEER SURGICAL TECHNOLOGY, INC., as Borrower By: /s/ Xxxxxxxx X. Xxxx Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESCEO and Corporate Secretary OTHER LOAN PARTIES: REGENERATION TECHNOLOGIES, INC., a Florida corporation . – CARDIOVASCULAR By: /s/ Xxxxxxxx X. Xxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIRCEO and Corporate Secretary BIOLOGICAL RECOVERY GROUP, L.L.C., a Florida limited liability company INC. By: /s/ Xxxxxxxx X. Xxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxxxx X. Xxxx Title: President and CEO and Corporate Secretary RTI SERVICES, INC. By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and CEO and Corporate Secretary RTI DONOR SERVICES, INC. By: /s/ Olivier Visa Name: Olivier Visa Title: President and CEO TUTOGEN MEDICAL, INC. By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and CEO and Corporate Secretary TUTOGEN MEDICAL (UNITED STATES), INC. By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Chief Executive Officer ADMINISTRATIVE AGENTFinancial and Administrative Officer, Corporate Secretary BEARS HOLDING SUB, INC. By: DYMAS FUNDING COMPANY/s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Chairman and CEO and Secretary PARADIGM SPINE, LLCLLC By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Chairman and CEO and Secretary FOURTH DIMENSION SPINE, LLC By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Chairman and CEO and Secretary ANDI’S BELMARALL, LLC By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: CEO and Secretary ANGSTROM ACQUISITION CORP. II By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and CEO and Corporate Secretary PIONEER SURGICAL ORTHOBIOLOGICS, INC. By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and CEO and Corporate Secretary ZYGA TECHNOLOGY, INC. By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: President and CEO and Corporate Secretary LENDERS: JPMORGAN CHASE BANK, N.A., as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as and a Lender By: /s/ Alexander J, Xxxxxxxx Xxxx Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Xxxx Xxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: Authorized Signer EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Schedules to Credit Agreement See attached. EXHIBIT B Schedules to Security Agreement See attached. EXHIBIT C Closing Checklist
Appears in 1 contract
Samples: Credit Agreement and Joinder Agreement (RTI Surgical Holdings, Inc.)
BORROWERS. BODY SHOP OF AMERICALUMBER LIQUIDATORS, INC., as Lead Borrower and as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer CATALOGUE VENTURESSecretary LUMBER LIQUIDATORS SERVICES, LLC, as a Borrower By: LUMBER LIQUIDATORS, INC., a Florida corporation its Manager By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Executive Officer Secretary GUARANTORS: BODY CENTRAL ACQUISITION CORPLUMBER LIQUIDATORS HOLDINGS, INC., as Parent and as a Delaware corporation Guarantor By: /s/ Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYSecretary LUMBER LIQUIDATORS LEASING, LLC, as Administrative Agent a Guarantor By: Dymas Capital Management CompanyLUMBER LIQUIDATORS, INC., its Manager By: /s/ X. Xxxxxxxxxx X. Xxxxxxx Name: X. Xxxxxxxxxx X. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS PRODUCTION, LLC, as a Guarantor By: LUMBER LIQUIDATORS SERVICES, LLC, its Manager By: LUMBER LIQUIDATORS, INC., its Manager By: /s/ Xxxxxx X. Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxxxxx X. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS FOREIGN HOLDINGS, LLC, as a Guarantor By: LUMBER LIQUIDATORS HOLDINGS, INC., its Manager By: /s/ X. Xxxxxxxxxx X. Xxxxxxx Name: X. Xxxxxxxxxx X. Xxxxxxx Title: Secretary LUMBER LIQUIDATORS FOREIGN OPERATIONS LLC, as a Guarantor By: LUMBER LIQUIDATORS FOREIGN HOLDINGS, LLC, its Manager By: LUMBER LIQUIDATORS HOLDINGS, INC., its Manager By: /s/ X. Xxxxxxxxxx X. Xxxxxxx Name: X. Xxxxxxxxxx X. Xxxxxxx Title: Secretary BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.BANK OF AMERICA, N.A., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager and L/C Issuer By: /s/ Xxxxxxxxxxx Xxx Xxxxx Xxxx Name: Xxxxxxxxxxx Xxx Xxxxx Xxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Director
Appears in 1 contract
Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)
BORROWERS. BODY SHOP OF AMERICA, CHEROKEE INC., a Florida corporation as U.S. Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Xxxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Xxxxx Xxxxx Title: Chief Executive Officer GUARANTORSXXXXX ACQUISITION COMPANY B.V., as Dutch Borrower By: BODY CENTRAL ACQUISITION CORP., a Delaware corporation /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director A By: /s/ Xxxxxx X. Xxxx xxx Xxxxx Name: Xxxxxx X. Xxxx xxx Xxxxx Title: Director B GUARANTORS: SPELL C. LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer CHEROKEE BRANDS LLC: By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer THREE-SIXTY VISION LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer HAWK 900 BRANDS LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer EDCA LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer FFS HOLDINGS, LLC By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer FLIP FLOP SHOPS FRANCHISE COMPANY, LLC By: FFS Holdings, LLC, its sole member By: Cherokee Inc., its sole member By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer HI-TEC SPORTS INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director HI-TEC SPORTS PUBLIC LIMITED COMPANY By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director HI-TEC INTERNATIONAL HOLDINGS B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director HI-TEC SPORTS UK LIMITED By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director HI-TEC SPORTS (CANADA) LTD. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: President and Chief Executive Officer RINZI AIRHI-TEC NEDERLAND B.V. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director ADMINISTRATIVE AGENT AND COLLATERAL AGENT: CERBERUS BUSINESS FINANCE, L.L.C., a Florida limited liability company LLC By: /s/ Xxxxxx X. Xxxx Xxxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxxx Title: President and Chief Executive Operating Officer ADMINISTRATIVE AGENTLENDERS: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager CERBERUS ASRS HOLDINGS LLC By: /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx Name: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender Vice President CERBERUS AUS LEVERED HOLDINGS LP By: Xxxxxxxxx Financial LLC, as Collateral Manager ByCAL I GP Holdings LLC Its: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Managing Director CERBERUS FSBA HOLDINGS LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender CERBERUS FSBA LEVERED LLC By: A4 Fund Management, Inc., its /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS ICQ LEVERED LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS ICQ OFFSHORE LEVERED L.P. By: Cerberus ICQ Offshore Levered GP LLC Its: General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Managing Director CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Managing Director CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Managing Director CERBERUS LOAN FUNDING XVI LP By: Cerberus PSERS GP, LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Managing Director CERBERUS LOAN FUNDING XVII LTD. By: Cerberus ASRS Holdings LLC, its attorney-in-fact By: /s/ Xxxxxx Xxxxxxxxx Duly Authorized Signatory Name: Xxxxxx Xxxxxxxxx Title: Vice President ABLECO FINANCE LLCCERBERUS LOAN FUNDING XVIII L.P. By: Cerberus LFGP XVIII, as a Lender LLC Its: General Partner By: /s/ Alexander J, Xxxxxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANKManaging Director CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, as a Lender LLC Its: General Partner By: /s/ Xxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender Senior Managing Director CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: EXHIBIT Senior Managing Director CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Managing Director CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS PSERS LEVERED LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS REDWOOD A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25LEVERED LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS REDWOOD B LEVERED LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CERBERUS SWC LEVERED LOAN OPPORTUNITIES MASTER FUND, 2008 DESIGNATED DEFAULTS NoneL.P. By: Cerberus SWC Levered Opportunities GP, except:LLC Its: General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Managing Director CERBERUS SWC LEVERED II LLC LLC By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President
Appears in 1 contract
Samples: Financing Agreement (Cherokee Inc)
BORROWERS. BODY SHOP OF AMERICABLACKROCK, INC., a Florida corporation as Borrower and Guarantor By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Managing Director and Treasurer BLACKROCK GROUP LIMITED, as Designated Borrower By: /s/ Xxxxx XxxXxxxxx Name: Xxxxx XxxXxxxxx Title: Director BLACKROCK HOLDINGS DEUTSCHLAND GMBH, as Designated Borrower By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Geschäftsführer By: Name: Title: BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages AGENT AND LENDERS: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender, L/C Agent and Lender By: /s/ Xxxxx Xxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxx Title: Managing Director BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages CITIBANK, N.A., as Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages JPMORGAN CHASE BANK, N.A., as Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Vice President and Chief Executive Officer CATALOGUE VENTURESBlackRock, INC.Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages XXXXXX XXXXXXX BANK, a Florida corporation N.A., as Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages BANK OF AMERICA, N.A., as Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages BARCLAYS BANK PLC, as Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Assistant Vice President BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages HSBC BANK USA, NATIONAL ASSOCIATION, as Lender By: /s/ Xxxxxxxxx X. Xxx Name: Xxxxxxxxx X. Xxx Title: Director BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages THE ROYAL BANK OF SCOTLAND plc, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages UBS AG, STAMFORD BRANCH, as Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director Banking Products Services, US By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director Banking Products Services, US BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages CREDIT SUISSE AG, Cayman Islands Branch, as Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORSDirector By: BODY CENTRAL ACQUISITION CORP/s/ Sanja Gazahi Name: Sanja Gazahi Title: Associate BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages MIZUHO CORPORATE BANK, LTD., a Delaware corporation as Lender By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages XXXXXXX SACHS BANK USA, as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages STATE STREET BANK AND TRUST COMPANY, as Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages THE BANK OF NEW YORK MELLON, as Lender By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Vice President and Chief Executive Officer RINZI AIRBlackRock, L.L.C.Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages ROYAL BANK OF CANADA, a Florida limited liability company as Lender By: /s/ Xxxx XxXxxx Name: Xxxx XxXxxx Title: Authorized Signatory BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages U.S. BANK NATIONAL ASSOCIATION, as Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: SVP BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages BNP PARIBAS, as Lender By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Co-Head of Fixed Income Americas By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYManaging Director BlackRock, LLCInc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, as Administrative Agent Lender By: Dymas Capital Management Company, LLC, its Manager /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: MD By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages BANCO SANTANDER, S.A., NEW YORK BRANCH, as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxx Xxxx-Xxxxxxxx Name: Xxxxxxxxx X. Xxxx Xxxx-Xxxxxxxx Title: Executive Director Banco Santander, S.A., New York Branch By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President NATIONAL CITY Banco Santander, S.A., New York Branch BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages SOCIETE GENERALE, as Lender By: /s/ Xxxxxxx Xx Name: Xxxxxxx Xx Title: Director BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages STANDARD CHARTERED BANK, as Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Managing Director & Head of Funds, Americas By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Manager BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages SUMITOMO MITSUI BANKING CORPORATION, as a Lender and as the Japanese Yen Lender By: /s/ Xxxxxxxx Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: General Manager BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages NOMURA INTERNATIONAL PLC, as Lender By: /s/ Xxxx X. Xxxxx Name: Xxxxxxxx Xxxx X. Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCManaging Director BlackRock, Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as a Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25Vice President BlackRock, 2008 DESIGNATED DEFAULTS None, except:Inc. Amendment No. 2 to Five-Year Revolving Credit Agreement (2013) Signature Pages Exhibit A
Appears in 1 contract
Samples: Credit Agreement (BlackRock Inc.)
BORROWERS. BODY SHOP OF AMERICAU.S. AUTO PARTS NETWORK, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary PARTSBIN, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary LOCAL BODY SHOPS, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary PRIVATE LABEL PARTS, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary WHITNEY AUTOMOTIVE GROUP, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary OTHER LOAN PARTIES: LOBO MARKETING, INC., a Texas corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary PACIFIC 3PL, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary GO FIDO, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary AUTOMOTIVE SPECIALTY ACCESSORIES AND PARTS, INC., a Delaware corporation By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: General Counsel and Corporate Secretary ADMINISTRATIVE AGENT AND LENDER JPMORGAN CHASE BANK, N.A., individually as a Lender and as Administrative Agent By /s/Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President Authorized Officer Exhibit A Credit Agreement (See attached) Conformed Through Tenth the Eleventh Amendment CREDIT AGREEMENT dated as of April 26, 2012 among U.S. AUTO PARTS NETWORK, INC. and Chief Executive Officer RINZI AIRThe Loan Parties Party Hereto and The Lenders Party Hereto and JPMORGAN CHASE BANK, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCN.A., as Administrative Agent By: Dymas Capital Management Company, X.X. XXXXXX SECURITIES LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.JPMORGAN CHASE BANK, N.A., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORTSole Bookrunner and Sole Lead Arranger CHASE BUSINESS CREDITASSET BASED LENDING TABLE OF CONTENTS Page Article I Definitions 1 Section 1.01. Defined Terms 1 Section 1.02. Classification of Loans and Borrowings 30 35 Section 1.03. Terms Generally 31 36 Section 1.04. Accounting Terms; GAAP 31 36 Section 1.05. Interest Rates; LIBOR Notifications 36 Article II The Credits 31 37 Section 2.01. Commitments 31 37 Section 2.02. Loans and Borrowings. 32 37 Section 2.03. Requests for Revolving Borrowings 32 38 Section 2.04. Protective Advances. 33 38 Section 2.05. Swingline Loans and Overadvances. 33 39 Section 2.06. Letters of Credit. 35 41 Section 2.07. Funding of Borrowings. 38 44 Section 2.08. Interest Elections. 39 45 Section 2.09. Termination of Commitments; Increase in Revolving Commitments. 40 46 Section 2.10. Repayment and Amortization of Loans; Evidence of Debt. 41 47 Section 2.11. Prepayment of Loans. 42 48 Section 2.12. Fees. 43 50 Section 2.13. Interest. 44 50 Section 2.14. Alternate Rate of Interest; Illegality 45 51 Section 2.15. Increased Costs. 45 53 Section 2.16. Break Funding Payments 46 54 Section 2.17. Taxes. 47 54 Section 2.18. Payments Generally; Allocation of Proceeds; Sharing of Set-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as offs. 50 57 Section 2.19. Mitigation Obligations; Replacement of January 25, 2008 DESIGNATED DEFAULTS None, except:Lenders. 52 60 Section 2.20. Defaulting Lenders 52 60 Section 2.21. Returned Payments 54 61 Section 2.22. Banking Services and Swap Agreements 54 62 Article III Representations and Warranties. 54 62 Section 3.01. Organization; Powers 54 62 Section 3.02. Authorization; Enforceability 54 62
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICANEENAH PAPER, INC., as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President Senior Vice President, CFO and Chief Executive Officer CATALOGUE VENTURESTreasurer NEENAH PAPER MICHIGAN, INC., as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORSSenior Vice President, CFO and Treasurer NPCC HOLDING COMPANY, LLC, as a Borrower By: BODY CENTRAL ACQUISITION CORP.Neenah Paper, a Delaware corporation Inc., as its sole member By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President Senior Vice President, CFO and Chief Executive Officer RINZI AIRTreasurer NEENAH PAPER FVC, L.L.C.LLC (successor by conversion to Neenah Paper FVC, Inc.), as a Florida limited liability company Borrower By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President Senior Vice President, CFO and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYTreasurer SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, INC. NEENAH PAPER FR, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager a Borrower By: /s/ Xxxxxx X. Xxxxxxx Xxxx Name: Xxxxxx X. Xxxxxxx Xxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Senior Vice President, CFO and Treasurer SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, INC. JPMORGAN CHASE BANK, N.A., as a Lender, as the Agent and as Swingline Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxx X Xxxxxxxx Name: Xxxxxxxxx Xxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPAuthorized Officer SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, as a Lender By: A4 Fund ManagementINC. BANK OF AMERICA, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCN.A., as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxxx X. Xxxxx Name: Xxxxxxxxx Xxxxxx X. Xxxxxxxx Xxxxx Title: Senior Vice President NATIONAL CITY BANKSECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCINC. UBS AG, Stamford Branch, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD By: Name: Title: SECOND AMENDMENT TO FINANCING SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated NEENAH PAPER, INC. XXXXXXX XXXXX LENDING PARTNERS LLC, as of January 25a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, 2008 DESIGNATED DEFAULTS NoneINC. BMO XXXXXX BANK, except:N.A., as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Director SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT NEENAH PAPER, INC.
Appears in 1 contract
Samples: Credit Agreement (Neenah Paper Inc)
BORROWERS. BODY SHOP OF AMERICAATTEST: SUPERIOR ESSEX COMMUNICATIONS LLC /s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx Secretary Title: Vice President [COMPANY SEAL] Address: 000 Xxxxxxxxxx Xxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Chief Financial Officer Telecopier No.: (000) 000-0000 ATTEST: ESSEX GROUP, INC. /s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx Secretary Title: Vice President [COMPANY SEAL] Address: c/o Superior Essex Communications LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Chief Financial Officer Telecopier No.: (000) 000-0000 LENDERS: FLEET CAPITAL CORPORATION Revolver Commitment: $60,000,000 By: /s/ Xxxx Xxxx Title: Senior Vice President LIBOR Lending Office: 000 Xxxxxxxx Xxxxxxx, a Florida corporation Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Loan Administration Manager Telecopier No.: (000) 000-0000 GENERAL ELECTRIC CAPITAL CORPORATION Revolver Commitment: $60,000,000 By: /s/ Xxxxxx X. Xxxxxx Title: Duly Authorized Signatory LIBOR Lending Office: 0000 Xxxxxxxxx Xxxx, Suite 900 Atlanta, Georgia 30328 Attention: Superior Telecommunications Account Manager Telecopier No.: (000) 000-0000 ADMINISTRATIVE AGENT: FLEET CAPITAL CORPORATION as Administrative Agent By: /s/ Xxxx Name: Xxxxxx X. Xxxx Title: Senior Vice President and Chief Executive Officer CATALOGUE VENTURESAddress: 000 Xxxxxxxx Xxxxxxx, INCXxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Loan Administration Manager Telecopier No.: (000) 000-0000 SYNDICATION AGENT: GENERAL ELECTRIC CAPITAL CORPORATION, a Florida corporation as Syndication Agent By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORSDuly Authorized Signatory Addresses: BODY CENTRAL ACQUISITION CORP0000 Xxxxxxxxx Xxxx, Suite 900 Atlanta, Georgia 30328 Attention: Superior Telecommunications Account Manager Telecopier No.: (678) 320-8902 000 Xxxx Xxxxx Xxxx Xxxxxxxx, a Delaware corporation ByXxxxxxxxxxx 00000-0000 Attention: /s/ Xxxxxx X. Xxxx NameCorporate Counsel – Commercial Finance Telecopier: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT(000) 000-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:0000 APPENDIX A
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAWORTHINGTON STEEL, INC., a Florida an Ohio corporation By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx Title: President and Vice President, Chief Executive Financial Officer CATALOGUE VENTURESGUARANTORS: WORTHINGTON WSP, INC.LLC, a Florida Michigan limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President, Chief Financial Officer TEMPEL STEEL COMPANY, LLC, an Illinois limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President T DO B, LLC, an Illinois limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President TEMPEL CANADA COMPANY, a Nova Scotia company By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Secretary TEMPEL DE MEXICO, S. DE X.X. DE C.V., a Mexican Sociedad de Responsabilidad Limitada de Capital Variable By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Attorney-In-Fact WORTHINGTON STEEL ROME, LLC, an Ohio limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President, Chief Financial Officer THE WORTHINGTON STEEL COMPANY, LLC, an Ohio limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President, Chief Financial Officer THE WORTHINGTON STEEL COMPANY, an Ohio corporation By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx Title: Vice President, Chief Executive Financial Officer GUARANTORSWORTHINGTON TAYLOR, LLC, a Michigan limited liability company By: BODY CENTRAL ACQUISITION CORP/s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President, Chief Financial Officer CLEVELAND PICKLING, INC., a Delaware corporation By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Xxxxx Title: President and Vice President, Chief Executive Financial Officer RINZI AIRWS MEXICO HOLDINGS, L.L.C.LLC, a Florida an Ohio limited liability company By: /s/ Xxxxxx Xxxxxxx X. Xxxx Xxxxx Name: Xxxxxx Xxxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPPresident, as a Lender ByChief Financial Officer AGENT AND LENDERS: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY PNC BANK, NATIONAL ASSOCIATION, As Lender and as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender Agent By: Name: Title: EXHIBIT A TO WAIVER AND /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx Senior Vice President The Tower at PNC Plaza, 14th Floor 000 Xxxxx Xxxxxx Xxxxxxxxxx, XX 00000 BANK OF AMERICA, N.A. As Lender By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President CITIBANK, N.A. As Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President XXXXX FARGO BANK, N.A. As Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director U.S. BANK NATIONAL ASSOCIATION, As Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President CIBC BANK USA As Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Managing Director FIRST NATIONAL BANK OF PA As Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President FIFTH THIRD AMENDMENT TO FINANCING AGREEMENT Dated as BANK, NATIONAL ASSOCIATION As Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Director THE NORTHERN TRUST COMPANY As Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President XXXXXXX XXXXX BANK USA As Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory Schedule 1.1 Commitments Lender Revolving Commitment Amount Revolving Commitment Percentage PNC Bank, National Association $ 105,000,000 19.09 % Bank of January 25America, 2008 DESIGNATED DEFAULTS NoneN.A. $ 90,000,000 16.36 % Citibank, except:N.A. $ 90,000,000 16.36 % Xxxxx Fargo Bank, N.A. $ 90,000,000 16.36 % U.S. Bank, N.A. $ 35,000,000 6.36 % CIBC Bank USA $ 35,000,000 6.36 % First National Bank of Pennsylvania $ 35,000,000 6.36 % Fifth Third Bank, N.A. $ 25,000,000 4.55 % The Northern Trust Company $ 25,000,000 4.55 % Godman Sachs Bank USA $ 20,000,000 3.64 %
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICANGL ENERGY OPERATING LLC, INC.NGL SUPPLY, a Florida corporation LLC, HICKSGAS, LLC, NGL SUPPLY RETAIL, LLC, NGL SUPPLY WHOLESALE, LLC, NGL SUPPLY TERMINAL COMPANY, LLC, XXXXXXXX PROPANE, LLC, NGL-NE REAL ESTATE, LLC, NGL-MA REAL ESTATE, LLC, NGL-MA, LLC, By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Senior Vice President and Chief Executive Officer CATALOGUE VENTURESFinance & Treasurer HIGH SIERRA ENERGY LP, GREENSBURG OILFIELD, LLC, ANTICLINE DISPOSAL, LLC, HIGH SIERRA SERTCO, LLC, HIGH SIERRA ENERGY MARKETING, LLC, CENTENNIAL ENERGY, LLC, CENTENNIAL GAS LIQUIDS ULC, HIGH SIERRA TRANSPORTATION, LLC, HIGH SIERRA CRUDE OIL & MARKETING, LLC, HIGH SIERRA WATER SERVICES, LLC, XXXXXXX OIL BUYERS, INC., a Florida corporation THIRD COAST TOWING, LLC HIGH SIERRA WATER-EAGLE FORD, LLC PETRO SOURCE TERMINALS, LLC PECOS GATHERING & MARKETING, LLC BLACK HAWK GATHERING, L.L.C. MIDSTREAM OPERATIONS L.L.C. HIGH SIERRA ENERGY OPERATING, LLC HIGH SIERRA COMPRESSION, LLC HIGH SIERRA WATER HOLDINGS, LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Chief Executive Officer & President BORROWERS’ AGENT: NGL ENERGY OPERATING LLC, By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Chief Executive Officer Senior Vice President Finance & Treasurer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation NGL ENERGY PARTNERS LP By: /s/ Xxxxxx X. Xxxx Xxxxxxxx Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Senior Vice President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company ByFinance & Treasurer SECURED PARTIES: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLCDEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager and as Collateral Agent By: /s/ Xxxxxxx Xxxxxx X. Name: Xxxxxxx Xxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Managing Associate DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender, as Swingline Lender, as an Issuing Bank and as Technical Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Director LENDERSBy: XXXXXXXXX FINANCIAL CAYMAN LTD./s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director ROYAL BANK OF CANADA, as a Lender By: Xxxxxxxxx Financial LLC/s/ Xxxxx X. York Name: Xxxxx X. York Title: Authorize Signatory BNP PARIBAS, as Collateral Manager a Lender and Issuing Bank By: /s/ Xxxxxxxxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxx Name: Xxxxxxxxxxx Xxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCPNC BANK, NATIONAL ASSOCIATION, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxx Name: NewStar Financial Xxxxxxxxxxx Xxxxxxx Title: Managing Director NEWSTAR LLC 2005-1Vice President THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Xxxxxx Xxxxxx Name: NewStar Financial Xxxxxx Xxxxxx Title: Managing Director A3 FUNDING LPAuthorized Signatory BMO XXXXXX BANK, N.A, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx ILLEGIBLE SIGNATURE Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPTHE F&M BANK AND TRUST COMPANY, as a Lender By: A4 Fund Management/s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Senior Vice President XXXXXXX XXXXX BANK, Inc.N.A., its General Partner as a Lender By: /s/ Alexander J, Xxxxxxxx Xxxxx X. Xxxxxxx Name: Xxxxxxxxx Xxxxx X. Xxxxxxxx Xxxxxxx Title: Vice President ABLECO FINANCE ABN AMRO CAPITAL USA LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Urvashl Zutshl Name: Xxxxxxxxx X. Xxxxxxxx Urvashl Zutshl Title: Senior Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Director BANK OF AMERICA, N.A., as a Lender and as an Issuing Bank By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President NATIONAL CITY BOKF, NA d/b/a BANK OF OKLAHOMA, as a Lender By: /s/ J. Xxxx Xxxxxx Name: J. Xxxx Xxxxxx Title: V.P. SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCDirector UBS AG, STAMFORD BRANCH, as a Lender By: /s/ Xxxx Sifar Name: Xxxx Sifar Title: Director Banking Products Services, US By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director Banking Products Services, US AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President COMMERCE BANK, N.A., as a Lender By: /s/ C.T. Young Name: C.T. Young Title: Senior Vice President XXXXXXX XXXXX BANK USA, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory MAQUARIE BANK LIMITED, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Associate Director By: /s/ Xxxxx den Hertog Name: Xxxxx den Xxxxxx Title: Division Director HSBC BANK USA, NA, as a Lender By: /s/ ILLEGIBLE SIGNATURE Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated KEYBANK NATIONAL ASSOCIATION, as of January 25, 2008 DESIGNATED DEFAULTS None, except:a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAARC HOSPITALITY PORTFOLIO II OWNER, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.LLC, a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Pxxx X. Xxxxxx X. Xxxx Name: Pxxx X. Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYAuthorized Signatory ARC HOSPITALITY PORTFOLIO II TRS, LLC, as Administrative Agent a Delaware limited liability company By: Dymas Capital Management Company/s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory 109 ARC HOSPITALITY PORTFOLIO II MISC TRS, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY PORTFOLIO II HIL TRS, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY STRATFORD, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY TRS STRATFORD, LLC, a Delaware limited liability company By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: Authorized Signatory ARC HOSPITALITY PORTFOLIO II NTC OWNER, LP, a Delaware limited partnership By: ARC Hospitality Portfolio II NTC Owner GP, LLC, its Manager general partner By: /s/ Pxxx X. Xxxxxx X. Xxxxxxx Name: Pxxx X. Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Authorized Signatory 110 ARC HOSPITALITY PORTFOLIO II NTC HIL TRS, as LP, a Lender Delaware limited partnership By: Xxxxxxxxx Financial ARC Hospitality Portfolio II NTC TRS GP, LLC, as Collateral Manager its general partner By: /s/ Xxxxxxxxxxx Xxx Pxxx X. Xxxxxx Name: Xxxxxxxxxxx Xxx Pxxx X. Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING Authorized Signatory ARC HOSPITALITY PORTFOLIO II NTC TRS, LP, a Delaware limited partnership By: ARC Hospitality Portfolio II NTC TRS GP, LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager general partner By: /s/ P. Xxxxx Xxxxxxxxx Pxxx X. Xxxxxx Name: NewStar Financial Pxxx X. Xxxxxx Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Authorized Signatory SCHEDULE I DEFINITIONS
Appears in 1 contract
Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.)
BORROWERS. BODY SHOP OF AMERICACOFFEYVILLE RESOURCES, INC.LLC COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, a Florida corporation LLC COFFEYVILLE RESOURCES REFINING & MARKETING, LLC COFFEYVILLE RESOURCES TERMINAL, LLC COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC By: /s/ Xxxxxx XXXXX X. Xxxx XXXX Name: Xxxxxx Xxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURESCFO OTHER CREDIT PARTIES: COFFEYVILLE PIPELINE, INC.. COFFEYVILLE REFINING & MARKETING, a Florida corporation INC. COFFEYVILLE NITROGEN FERTILIZERS, INC. COFFEYVILLE CRUDE TRANSPORTATION, INC. COFFEYVILLE TERMINAL, INC. COFFEYVILLE GROUP HOLDINGS, LLC COFFEYVILLE RESOURCES PIPELINE, LLC COFFEYVILLE RESOURCES MANAGEMENT, INC. CL JV HOLDINGS, LLC By: /s/ Xxxxxx XXXXX X. Xxxx XXXX Name: Xxxxxx Xxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.CFO CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch, as Term Agent and a Delaware corporation Lender By: /s/ Xxxxxx XXXXX X. Xxxx XXXXX Name: Xxxxxx Xxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company Director By: /s/ Xxxxxx XXXXXX X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX Associate CONGRESS FINANCIAL CAYMAN LTD.CORPORATION (SOUTHWEST), as Administrative Agent and a Lender By: Xxxxxxxxx Financial LLC/s/ [illegible] Duly Authorized Signatory SIEMENS FINANCIAL SERVICES, as Collateral Manager INC. By: /s/ Xxxxxxxxxxx Xxx XXXXX XXXXXX Name: Xxxxxxxxxxx Xxx Xxxxx Xxxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager Vice President—Credit AMALGAMATED BANK By: /s/ P. Xxxxx Xxxxxxxxx XXXXX XXXXXXXX Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:QuickLinks Exhibit 10.7
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:
Appears in 1 contract
Samples: Financing Agreement (Body Central Acquisition Corp)
BORROWERS. BODY SHOP OF AMERICACSI COMPRESSCO LP, as a Borrower and Parent Borrower By: CSI COMPRESSCO GP INC., a Florida corporation its general partner By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, Treasurer CSI COMPRESSCO SUB INC., as a Florida corporation Borrower By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORPTreasurer GUARANTORS CSI COMPRESSCO FINANCE INC. (F/K/A COMPRESSCO FINANCE INC., a Delaware corporation ) By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer RINZI AIRTreasurer CSI COMPRESSCO OPERATING LLC (F/K/A COMPRESSCO PARTNERS OPERATING, L.L.C., a Florida limited liability company LLC) By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYTreasurer COMPRESSOR SYSTEMS, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager INC. By: /s/ Xxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxx X. Xxxxxxx Xxxxx Title: Managing Director LENDERSTreasurer CSI COMPRESSCO FIELD SERVICES INTERNATIONAL LLC (F/K/A COMPRESSCO FIELD SERVICES INTERNATIONAL, LLC), CSI COMPRESSCO INTERNATIONAL LLC (F/K/A COMPRESSCO INTERNATIONAL, LLC), CSI COMPRESSCO LEASING LLC (F/K/A COMPRESSCO LEASING, LLC), CSI COMPRESSCO HOLDINGS LLC (F/K/A COMPRESSCO HOLDINGS, LLC) By: XXXXXXXXX FINANCIAL CAYMAN LTDCSI COMPRESSCO OPERATING LLC (F/K/A COMPRESSCO PARTNERS OPERATING, LLC), its sole member By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer ROTARY COMPRESSOR SYSTEMS, INC. By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer CSI COMPRESSION HOLDINGS, LLC By: COMPRESSOR SYSTEMS, INC., its sole manager By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Treasurer BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent By: /s/ Xxxxx Lov Name: Xxxxx Lov Title: Assistant Vice President BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Xxxxx Xxxxx Name: Xxxxxxxxxxx Xxx Xxxxx Xxxxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCJPMorgan Chase Bank, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLCN.A., as a Lender By: /s/ Alexander J, Xxxxxxxx J. Xxxxx Xxxx Name: Xxxxxxxxx X. Xxxxxxxx J. Xxxxx Xxxx Title: Senior Vice President NATIONAL CITY BANKAuthorized Officer Banc of America Credit Products, Inc., as a Lender By: /s/ Xxxxxxxx Xxxxx Xxxx Name: Xxxxxxxx Xxxxx Xxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLCAuthorized Signatory Capital One, National Association, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: EXHIBIT Vice President Barclays Bank PLC, as a Lender By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Assistant Vice President BOKF, NA dba Bank of Oklahoma, as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President CIT Bank, N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Texas Capital Bank, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Annex A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:See attached.
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation ByWITNESS/ATTEST: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION LDRV HOLDINGS CORP., a Delaware corporation By: /s/ Mxxxx X. Xxxxxx Mxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Xxxxxx, Chief Executive Financial Officer RINZI AIRLAZYDAYS RV AMERICA, L.L.C.LLC, a Florida Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANYLDRV Holdings Corp., LLCa Delaware corporation, as Administrative Agent By: Dymas Capital Management Company, LLC, its Its Manager By: /s/ Mxxxx X. Xxxxxx Mxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.Xxxxxx, as Chief Financial Officer LAZYDAYS RV DISCOUNT, LLC, a Lender Delaware limited liability company By: Xxxxxxxxx Financial LLCLDRV Holdings Corp., as Collateral a Delaware corporation, Its Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING Mxxxx X. Xxxxxx Mxxxx X. Xxxxxx, Chief Financial Officer LAZYDAYS MILE HI RV, LLC, as a Lender Delaware limited liability company By: NewStar FinancialLDRV Holdings Corp., Inc.a Delaware corporation, its Designated Its Manager By: /s/ P. Xxxxx Xxxxxxxxx NameMxxxx X. Xxxxxx Mxxxx X. Xxxxxx, Chief Financial Officer Guarantors’ Signature Page To Security Agreement: NewStar Financial TitleGUARANTORS: Managing Director NEWSTAR LLC 2005-1WITNESS/ATTEST: LAZYDAYS HOLDINGS, as INC, a Lender By: NewStar Financial, Inc., its Sole Member Delaware corporation By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Mxxxx X. Xxxxxx Mxxxx X. Xxxxxx, Chief Financial Title: Managing Director A3 FUNDING LPOfficer LAZY DAYS’ R.V. CENTER, as INC., a Lender By: A3 Fund Management LLC, its General Partner Delaware corporation By: /s/ Alexander JMxxxx X. Xxxxxx Mxxxx X. Xxxxxx, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LPChief Financial Officer LAZYDAYS LAND HOLDINGS, as LLC, a Lender Delaware limited liability company By: A4 Fund ManagementLDRV Holdings Corp., Inc.a Delaware corporation, its General Partner Its Manager By: /s/ Alexander JMxxxx X. Xxxxxx Mxxxx X. Xxxxxx, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:Chief Financial Officer
Appears in 1 contract
BORROWERS. BODY SHOP OF AMERICAVH MERGERSUB, INC., a Florida corporation as Lead Borrower By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President MUSICIAN’S FRIEND, INC. By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President Executive Vice President, General Counsel and Chief Executive Officer CATALOGUE VENTURESSecretary GUITAR CENTER STORES, INC., a Florida corporation . By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP.VP of Corporate Development, a Delaware corporation General Counsel and Secretary As of and upon effectiveness of the Merger, the undersigned hereby acknowledges and agrees that it will succeed to all of the rights and obligations of the Lead Borrower set forth herein and that all references herein to the Lead Borrower shall thereupon be deemed to be references to the undersigned. GUITAR CENTER, INC. By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Executive VP of Corporate Development, General Counsel and Secretary FACILITY GUARANTORS: GUITAR CENTER HOLDINGS, INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President and Chief Executive Officer RINZI AIRGUITAR CENTER GIFT CARD COMPANY, L.L.C., a Florida limited liability company LLC By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: President Executive Vice President, General Counsel and Chief Secretary HARMONY CENTRAL GROUP, LLC By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Executive Officer ADMINISTRATIVE VP of Corporate Development, General Counsel and Secretary COLLATERAL AGENT: DYMAS FUNDING COMPANYJPMORGAN CHASE BANK, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager N.A. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Executive Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD.SCHEDULE I Borrowers VH MergerSub, as a Lender By: Xxxxxxxxx Financial LLCInc. Guitar Center, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLCInc. Guitar Center Stores, as a Lender By: NewStar FinancialInc. Musician’s Friend, Inc.Inc. SCHEDULE II Facility Guarantors Guitar Center Holdings, its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR Inc. Guitar Center Gift Card Company, LLC 2005-1Harmony Central Group, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: LLC EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as List of January 25, 2008 DESIGNATED DEFAULTS None, except:Copyrights United States Copyright Registrations and Applications Copyright Status App/Reg. No. App/Reg. Date Headstock design for Xxxxxxxx guitars Registered VAu691-983 11/7/2005 Foreign Copyright Registrations and Applications None XXXXXXX X Xxxx xx Xxxxxxx
Appears in 1 contract
Samples: Security Agreement (Music123, Inc.)
