AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Address: Senior Vice President 000 Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Portfolio Manager Telecopy: 000-000-0000 CITIBANK, N.A., as Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Address: Vice President 000 Xxxxxxxxx Xx, 00xx xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxxx Telecopy: 000-000-0000 BARCLAYS BANK PLC, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Address: Director Barclays Capital 000 0xx Xxxxxx, 00xxXxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxx Telecopy: 212-412-7600 GENERAL ELECTRIC CAPITAL CORPORATION, as Lender By: /s/ Xxxxxx Cloud Name: Xxxxxx Cloud Title: Address: Duly Authorized Signatory 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention; Xxxxxx Cloud Telecopy: 866-.388-3572 CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK,as Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Address: Managing Director 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxx Xxxxxxxx Telecopy: 000-000-0000 By: /s/ Xxxxx Xxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxx Title: Address: Vice President 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxxxxxxxx Telecopy: 000-000-0000 DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Address: Vice President 00 Xxxx Xxxxxx XX XXX00-0000 Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxx Telecopy: 000-000-0000 HEALTHCARE FINANCE GROUP, as Lender By: /s/ Xxxx X. Xxxxxx XX Name: Xxxx X. Xxxxxx XX Title: Address: SVP-National Underwriting Manager 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxxx, EVP Telecopy: 000-000-0000 XXXXXX XXXXXXX BANK, N.A., as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Address: Authorized Signatory Xxxxxx X. Xxxxxxx Xxxxxx Xxxxxxx | Operations 000 Xxxxx Xxxx Xxxxxx, 0xx Xxxxx Xxxx Xxxx Xxxx, Xxxx 00000-0000 Phone: +0-000-000-0000 Fax: +0 000-000-0000 xxxx0xxxxx@XxxxxxXxxxxxx.xxx LOAN AND SECURITY AGREEMENT Signature Page EXHIBIT A to Loan and Security Agreement FORM OF REVOLVER NOTE ________________ ___, 2010 $___________________ New York, New York Each of the undersigned (individually, a “Borrower” and, collectively, the “Borrowers”), jointly and severally promise to pay to the order of ____________________________ (“Lender”), the principal sum of ____________________ DO...
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and Lender By: /S/ EXXXXXX XXXX Name: Exxxxxx Xxxx Title: Vice President Address: 335 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Exxxxxx Xxxx Telecopy: 200-000-0000 Signature Page to Loan and Security Agreement GENERAL ELECTRIC CAPITAL CORPORATION By: /S/ CXXXXXX XXXXXX Name: Cxxxxxx Xxxxxx Title: Duly Authorized Signatory Address: 201 Xxxxxxx 0 Norwalk, Connecticut 06851 Attn: Cxxxxxx Xxxxxx Telecopy: 200-000-0000 Signature Page to Loan and Security Agreement CITICORP NORTH AMERICA By: /S/ MXXXXXX X. XXXXXX Name: Mxxxxxx X. Xxxxxx Title: Director, Asset Based Finance Address: 2 Penn’s Way, Suite 200 New Castle, Delaware 19720 Attn: Txxxxxx Singles Telecopy: 200-000-0000 JPMORGAN CHASE BANK, N.A. By: /S/ JXXXX X. XXXXXXX Name: Jxxxx X. Xxxxxxx Title: Vice President Address: 1 Chase Square, 25th Floor Rochester, New York 14643 Attn: Jxxxx Xxxxxxx Telecopy: 500-000-0000 Signature Page to Loan and Security Agreement WXXXX FARGO RETAIL FINANCE, LLC By: /S/ TXXXXXX X. XXXXX Name: Txxxxxx X. Xxxxx Title: Senior Vice President Address: One Boston Place, Suite 1800 Boston, Massachusetts 02108 Attn: Cxxx Xxxxxx Telecopy: 600-000-0000 THE CIT GROUP/BUSINESS CREDIT, INC. By: /S/ KXXXX X. XXXXXXXXX Name: Kxxxx X. Xxxxxxxxx Title: Assistant Vice President Address: 1211 Avenue of the Americas New York, New York 10036 Attn: Mxxxxxx XxXxxxxx Telecopy: 200-000-0000 MXXXXXX LXXXX CAPITAL, A DIVISION OF MXXXXXX LXXXX BUSINESS FINANCIAL SERVICES INC. By: /S/ EXXXXX XXXXXXX Name: Exxxxx Xxxxxxx Title: Assistant Vice President Address: 225 Liberty Street, 5th Floor New York, New York 10281 Attn: Exxxxx Xxxxxxx Telecopy: 200-000-0000 WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL) By: /S/ LXXXX XXXXX Name: Lxxxx Xxxxx Title: VP Address: 150 S. Xxxxxx Dr., Suite 2200 Chicago, Illinois 60606 Attn: Lxxxx Xxxxx Telecopy: 300-000-0000 LASALLE RETAIL FINANCE,A DIVISION OF LASALLE BUSINESS CREDIT,LLC,AS AGENT FOR LASALLE BANK MIDWEST NATIONAL ASSOCIATION By: /S/ CXXXX X. XXXXXXXX Name: Cxxxx X. Xxxxxxxx Title: Vice President Address: 25 Braintree Hill Office Park, Suite 205 Braintree, Massachusetts 02184 Attn: Dxxxxx X’Xxxxxx Telecopy: 700-000-0000 Signature Page to Loan and Security Agreement CITIZENS BANK OF PENNSYLVANIA By: /S/ DXX XXXX Name: Dxx Xxxx Title: Vice President Address: Six PPG Place, Suite 820 Pittsburgh, Pennsylvania 15222 Attn: Dxx Xxxx Telecopy: 400-000-0000 Signature Page to Loan and Security Agreement SIEMENS FINANCIAL S...
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and a Lender By: /s/ Sxxxxx X. Xxxxx Name: Sxxxxx X. Xxxxx Title: Vice President Amendment Number Two to Loan and Security Agreement WXXXX FARGO CAPITAL FINANCE, LLC, as a Lender By: /s/ Kxxxxx Xxxx Name: Kxxxxx Xxxx Title: Vice President Amendment Number Two to Loan and Security Agreement ACKNOWLEDGMENT AND REAFFIRMATION OF GUARANTY Each of the undersigned parties (each, a “Guarantor”), (i) consents to and approves the execution and delivery of this Amendment by the parties hereto, (ii) agrees that this Amendment does not and shall not limit or diminish in any manner the obligations of such Guarantor pursuant to the guaranty agreement delivered in connection with the Agreement (the “Guaranty”) by the undersigned and that such obligations would not be limited or diminished in any manner even if such Guarantor had not reaffirmed this Amendment, (iii) agrees that this Amendment shall not be construed as requiring the consent of such Guarantor in any other circumstance, (iv) reaffirms each of its obligations under the Guaranty, and (v) agrees that the Guaranty remains in full force and effect and is hereby ratified and confirmed. Acknowledgment and Reaffirmation of Guaranty “GUARANTORS” SPANSION INTERNATIONAL, INC., a Delaware corporation By: /s/ Rxxxx X. Xxxx Name: Rxxxx X. Xxxx Title: Chief Financial Officer and Treasurer Acknowledgment and Reaffirmation of Guaranty SPANSION INC., a Delaware corporation By: /s/ Rxxxx X. Xxxx Name: Rxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer Acknowledgment and Reaffirmation of Guaranty CERIUM LABORATORIES, LLC, a Delaware limited liability company By: /s/ Rxxxx X. Xxxx Name: Rxxxx X. Xxxx Title: Chief Financial Officer Acknowledgment and Reaffirmation of Guaranty SPANSION TECHNOLOGY LLC, a Delaware corporation By: /s/ Rxxxx X. Xxxx Name: Rxxxx X. Xxxx Title: Chief Financial Officer
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, as a Lender and as Agent By: /s/ Tayven Hike Name: Tayven Hike Title: Vice President KeyBank National Association 0000 Xxxxxxxxx Xxxx, Suite 1550 Atlanta, Georgia 30328 Attention: Mr. Tayven Hike Telephone: (000) 000-0000 Facsimile: (000) 000-0000 EXHIBIT A FORM OF NOTE $______________ _____________, 2018 FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promise to pay to _________________________________ (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of May 23, 2018, as from time to time in effect, among PLYMOUTH INDUSTRIAL OP, LP, the Subsidiary Guarantors, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (as amended, restated, modified or supplemented from time to time, the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the lesser of the principal sum of _________________ ($__________), or such prinicipal amount as may be outstanding, with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on the principal amount which shall at all times be equal to the rate of interest in accordance with the Credit Agreement, and with interest on overdue principal and late charges at the rates provided in the Credit Agreement. Interest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement...
AGENT AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as Agent and as a Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Duly Authorized Signatory
AGENT AND LENDERS. BANK OF THE WEST, as Agent and Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director/Syndications BANK OF THE WEST, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Sr. CBG Relationship Manager BANK OF THE WEST, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Sr. CBG Relationship Manager CITY NATIONAL BANK, N.A., as Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President COMERICA BANK, as Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President AGCOUNTRY FARM CREDIT SERVICES, PCA, as Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President GREENSTONE FARM CREDIT SERVICES, ACA, as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director GREENSTONE FARM CREDIT SERVICES, FLCA, as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director COMPEER FINANCIAL PCA as Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director, Capital Markets RABO AGRIFINANCE LLC, as Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President
AGENT AND LENDERS. Agent is Agent for each Lender under the Credit Agreement. All rights granted to Agent under or in connection with this Guaranty are for each Lender’s ratable benefit. Agent may, without the joinder of any Lender, exercise any rights in Agent’s or Lenders’ favor under or in connection with this Guaranty. Agent’s and each Lender’s rights and obligations vis-à-vis each other may be subject to one or more separate agreements between those parties. However, no Guarantor is required to inquire about any such agreement or is subject to any terms of such agreement unless such Guarantor specifically joins such agreement. Therefore, no Guarantor nor any of its successors or assigns is entitled to any benefits or provisions of any such separate agreement or is entitled to rely upon or raise as a defense any party’s failure or refusal to comply with the provisions of such agreement.
AGENT AND LENDERS. XXXXX FARGO FOOTHILL, INC., as Agent and as a Lender By: /S/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Vice President TEXTRON FINANCIAL CORPORATION, as a Lender By: /S/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Account Executive
AGENT AND LENDERS. BANK OF AMERICA, N.A. as Agent and Lender By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Senior Vice President
AGENT AND LENDERS. FIFTH THIRD BANK, an Ohio banking corporation, as Administrative Agent and as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President Fifth Amendment to Credit Agreement ACKNOWLEDGMENT Reference is hereby made to the foregoing Fifth Amendment to Credit Agreement dated as of April 17, 2012 (the “Amendment”) by and among Granite City Food & Brewery Ltd., a Minnesota corporation (the “Borrower”), the various institutions from time to time party to the Credit Agreement described therein as Lenders which are also party thereto, and Fifth Third Bank, an Ohio banking corporation, as Administrative Agent. Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Credit Agreement referred to in the Amendment. Each of the undersigned hereby (a) acknowledges receipt of a copy of the Amendment, and (b) agrees the Security Agreement remains in full in force and effect with respect to such Person and that the terms and provisions of the Amendment do not modify or otherwise affect in any way any of such Person’s obligations and liabilities under the Security Agreement or any of the other Loan Documents, all of which obligations and liabilities are hereby ratified, confirmed and reaffirmed.
