Common use of Form of Clause in Contracts

Form of. A-1 Committed Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Swing Line Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement K Closing Checklist L Intercreditor Agreement M Payment Conditions Certificate DB1/ 120677560.3 CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of August 21, 2018, among VXXXX, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors named on Schedule 1.01 hereto, each Lender from time to time party hereto, each L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A., as administrative agent, collateral agent and an L/C issuer. The Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Vince Holding Corp.)

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Form of. A-1 Committed Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Incremental Term Note B-3 Swing Line Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender E [Deleted] F Form of Incremental Term Loan Agreement G-1 U.S. Tax Compliance Certificate E-3 Alternative (Form Foreign Lender 1) G-2 U.S. Tax Compliance Certificate E-4 Foreign Partnership (Form 2) G-3 U.S. Tax Compliance Certificate F Closing and Solvency (Form 3) G-4 U.S. Tax Compliance Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement K Closing Checklist L Intercreditor Agreement M Payment Conditions Certificate DB1/ 120677560.3 (Form 4) THIRD AMENDED AND RESTATED CREDIT AGREEMENT This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of August 21October 31, 2018, among VXXXXEQM Midstream Partners, LLCLP (f/k/a EQT Midstream Partners, LP), a Delaware limited liability company partnership (the “Borrower”), the Guarantors named on Schedule 1.01 hereto, each Lender lender from time to time party hereto, each Xxxxx Fargo Bank, National Association, as Administrative Agent, Swing Line Lender, and an L/C Issuer from time to time party heretoIssuer, and CITIZENS BANKthe other L/C Issuers named herein. The Borrower, N.A.each of the Lenders other than the New Lenders, and Xxxxx Fargo Bank, National Association, as administrative agent, collateral agent are party to that certain Second Amended and an L/C issuerRestated Credit Agreement, dated as of July 31, 2017 (the “Existing Credit Agreement”). The Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness wish to lend amend and restate the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case Existing Credit Agreement on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (EQM Midstream Partners, LP)

Form of. A-1 Committed A Term Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Swing Line B Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement [Reserved] K Closing Checklist L Intercreditor Agreement M Payment Conditions Certificate DB1/ 120677560.3 13-Week Cash Flow Report 10453714v6 CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of August 21September 7, 20182021, among VXXXXXXXXX, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors named on Schedule 1.01 1.01(a) hereto, each Lender from time to time party hereto, each L/C Issuer from time to time party heretoand PLC AGENT LLC, and CITIZENS BANK, N.A.a Delaware limited liability company, as administrative agent, collateral agent and an L/C issuercollateral agent. The Borrower has requested that the Lenders provide a revolving term loan credit facility, and the Lenders have indicated their willingness to lend and term loans to the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case Borrower on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Swing Line Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement K Closing Checklist L Intercreditor Agreement M Payment Conditions Certificate DB1/ 120677560.3 CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of August 21, 2018, among VXXXXXXXXX, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors named on Schedule 1.01 hereto, each Lender from time to time party hereto, each L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A., as administrative agent, collateral agent and an L/C issuer. The Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Vince Holding Corp.)

Form of. A-1 A Committed Loan Notice A-2 B Swing Line Loan Notice B-1 Revolving Note B-2 C New Vehicle Swing Line Loan Notice D Note C E Compliance Certificate D F Borrowing Base Certificate G Borrowing Base Schedule H Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate Company Guaranty Agreement J Subsidiary Guaranty Agreement K Joinder Agreement K Closing Checklist L Intercreditor Designated Borrower Notice M Opinion Matters N Security Agreement M Payment Conditions Certificate DB1/ 120677560.3 O Autoborrow Agreement CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of August 2124, 20182005, among VXXXXCARMAX AUTO SUPERSTORES, LLCINC., a Delaware limited liability company Virginia corporation (the “Revolving Borrower”), certain Subsidiaries of the Company party hereto pursuant to Section 2.15 (each a “Designated Borrower” and, together with the Revolving Borrower, the “Borrowers” and, each a “Borrower”), CARMAX, INC., a Virginia corporation (the Guarantors named on Schedule 1.01 hereto“Company”), each Lender lender from time to time party heretohereto (collectively, each L/C Issuer from time to time party heretothe “Lenders” and individually, a “Lender”), and CITIZENS BANKBANK OF AMERICA, N.A., as administrative agentAdministrative Agent, collateral agent Swing Line Lender, New Vehicle Swing Line Lender and an L/C issuerIssuer. The Borrower Company has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness are willing to lend and the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

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Form of. A-1 Committed Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Swing Line Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement K Closing Checklist L Intercreditor Agreement [Reserved] M Payment Conditions Certificate DB1/ 120677560.3 [Reserved] N 13-Week Cash Flow Forecast AMENDED AND RESTATED CREDIT AGREEMENT This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of August September 7, 2021, as amended on September 30, 2022, and as further amended on April 21, 20182023, among VXXXXXXXXX, LLC, a Delaware limited liability company (the “Borrower” or the “Company”), the Guarantors named on Schedule 1.01 hereto, each Lender from time to time party hereto, each L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A., as administrative agentAgent, collateral agent and an L/C issuer. The Borrower has requested that the Lenders provide a revolving credit facilityamend and restated that certain Credit Agreement, dated as of August 21, 2018 (the “Original Credit Agreement”), by and among the Borrower and the Guarantors party thereto, the Agent, the lenders party thereto, and the other parties thereto. The Agent, the Lenders have indicated their willingness to continue to lend and the L/C Issuers have indicated their willingness to continue to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Swing Line Loan Notice B-1 Revolving Note B-2 Swing Line Note C Compliance Certificate D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate J Joinder Agreement K Closing Checklist L Intercreditor Agreement M Payment Conditions Certificate DB1/ 120677560.3 CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of August 21, 2018, among VXXXX, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors named on Schedule 1.01 hereto, each Lender from time to time party hereto, each L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A., as administrative agent, collateral agent and an L/C issuer. The Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuers have indicated their willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Appears in 1 contract

Samples: Credit Agreement (Vince Holding Corp.)

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