Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) have been satisfied on and as of the date of the proposed Credit Extension.]3 EMPIRE STATE REALTY OP, L.P., a Delaware limited partnership By: Empire State Realty Trust, Inc., its general partner By: Name: [Type Signatory Name] Title: [Type Signatory Title] 3 Only applicable to a Borrowing Form of Committed Loan Notice EXHIBIT B-1 FORM OF COMPETITIVE BID REQUEST To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of March 8, 2024 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Empire State Realty Trust, Inc., a Maryland corporation, Empire State Realty OP, L.P., a Delaware limited partnership (the “Borrower”), the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, and the L/C Issuers from time to time party thereto. The Revolving Lenders are invited to make Competitive Loans:
Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a), (b) and (c) of the Agreement shall be satisfied on and as of the date of the applicable Credit Extension (other than in the case of a conversion of Loans to another Type, or a continuation of Eurodollar Rate Loans). DIAMOND FOODS, INC. By: Name: Title: Form of Committed Loan Notice EXHIBIT B FORM OF SWING LINE LOAN NOTICE Date: , To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of February 25, 2010 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Diamond Foods, Inc., a Delaware corporation (the “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:
Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Sections [4.02 and]3 4.03(a) and (b) of the Agreement shall be satisfied on and as of the date of the applicable Credit Extension. VALVOLINE XXXXX ONE LLC By: Name: Title: VALVOLINE INC.4 By: Name: Title: 3 Only include for initial Credit Extension on the Funding Date. 4 Signature block to be updated depending on which Borrower requests the applicable Credit Extension. Form of Committed Loan Notice XXXXXXX X-0 FORM OF SWING LINE LOAN NOTICE Date: , To: The Bank of Nova Scotia, as Swing Line Lender The Bank of Nova Scotia, as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of July 11, 2016 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement”; the terms defined therein being used herein as therein defined), among Valvoline Xxxxx One LLC, a Delaware limited liability company as the Initial Borrower, the Lenders and L/C Issuers from time to time party thereto, The Bank of Nova Scotia, as Administrative Agent, Swing Line Lender and an L/C Issuer, and Citibank, N.A., as Syndication Agent. The undersigned hereby requests a Swing Line Loan:
Form of Committed Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) of the Agreement have been satisfied on and as of the date of the applicable Credit Extension.]3 NU SKIN ENTERPRISES, INC. By: Name: Title: 3 Do not include this sentence in the case of a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurocurrency Rate Loans.
Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) shall be satisfied on and as of the date of the applicable Credit Extension. SWIFT TRANSPORTATION CO., LLC By: Name: Title: Form of Committed Loan Notice 509265-1512-14307-Active.15883725.6 EXHIBIT B FORM OF SWING LINE LOAN NOTICE Date: ___________, _____ To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Third Amended and Restated Credit Agreement, dated as of June 9, 2014 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Swift Transportation Company, Swift Transportation Co., LLC, a Delaware limited liability company (the “Borrower”), the Lenders and agents from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:
Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Section 4.02 of the Credit Agreement shall be satisfied on and as of the date of the Credit Extension Date.
Form of Committed Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a), (b) and (c) shall be satisfied on and as of the date of the applicable Credit Extension.]1 BOJANGLES’ RESTAURANTS, INC. By: Name: Title: Chief Financial Officer 1 Do not insert in the case of a conversion or continuation. Instead insert the following: [The Borrower hereby represents that no Default or Event of Default exists or would result from such conversion or continuation.] EXHIBIT B FORM OF SWING LINE LOAN NOTICE Date: , To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of October 9, 2012 (as amended, 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 Bojangles’ Restaurants, Inc., a Delaware corporation (the “Borrower”), BHI Intermediate Holding Corp., a Delaware corporation (“Holdings”), each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and each other party from time to time party thereto. The undersigned hereby requests a Swing Line Loan:
Form of Committed Loan Notice. 5. [For the borrowing of, conversion to, or continuation of SOFR Loans: with an Interest Period of _____ months.]4 [The Borrowing requested herein complies with the Credit Agreement, including [the proviso to the first sentence of Section 2.01(b) of the Credit Agreement and]5 Section 4.02 of the Credit Agreement.]6,7 4 With respect to any SOFR Borrowing, may be one (1), three (3) or six (6) months or, to the extent consented to by all Appropriate Lenders, twelve (12) months thereafter (or such shorter period as may be agreed to by all Lenders of the applicable Tranche) (in each case, subject to the availability thereof).
Form of Committed Loan Notice. The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) of the Agreement shall be satisfied on and as of the date of the applicable Credit Extension. EVERI PAYMENTS INC. By: Name: Title: Form of Committed Loan Notice EXHIBIT B [FORM OF] SWING LINE LOAN NOTICE Date: ___________, _____ To: Jefferies Finance LLC, as Administrative Agent and Swing Line Lender Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of May 9, 2017 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement”; terms defined therein unless otherwise defined herein being used herein as therein defined), among Everi Payments Inc. (the “Borrower”), Everi Holdings Inc. (the “Parent”), the Lenders from time to time party thereto, and Jefferies Finance LLC, as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. The undersigned hereby requests a Swing Line Loan:
Form of Committed Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) of the Agreement have been satisfied on and as of the date of the applicable Credit Extension.]3 NU SKIN ENTERPRISES, INC. By: Name: Title:
