AGENT AND LENDERS. XXXXX FARGO FOOTHILL, INC., a California corporation, as Agent and as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President FLEET CAPITAL CORPORATION, as a Lender By: /s/ H. Xxxxxxx Xxxxx Name: H. Xxxxxxx Xxxxx Title: Senior Vice President TEXTRON FINANCIAL CORPORATION, as a Lender By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Senior Account Executive PNC BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President THIRTEENTH AMENDMENT TO LOAN AGREEMENT
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Assistant Vice President KeyBank National Association 000 Xxxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 BANK OF AMERICA, N.A. By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President ROYAL BANK OF CANADA By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory PNC BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President REGIONS BANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: AVP COBANK, ACB By: /s/ Xxxxxxxxxx Xxxx Name: Xxxxxxxxxx Xxxx Title: Vice President CITIBANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President TORONTO DOMINION (TEXAS) LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Signatory THE BANK OF NOVA SCOTIA By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as a Lender and as Agent By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Vice President BBVA USA, an Alabama banking corporation f/k/a Compass Bank, individually as a Lender and as a Co-Syndication Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President CAPITAL ONE, NATIONAL ASSOCIATION, individually as a Lender and as a Co-Syndication Agent By:/s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: Duly Authorized Signatory SUNTRUST BANK, individually as a Lender and as a Co-Syndication Agent By:/s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director BMO XXXXXX BANK, N.A. By:/s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director FIFTH THIRD BANK, an Ohio Banking Corporation, individually as a Lender and as a Co-Documentation Agent By:/s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Director II [Signatures Continued On Next Page] XXXXXXX XXXXXXX BANK, individually as a Lender and as a Co-Documentation Agent By:/s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior Vice President Signature Page to Fourth Amended and Restated Credit Agreement SYNOVUS BANK By:/s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director CADENCE BANK, N.A. By:/s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President TEXAS CAPITAL BANK, N.A. By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President MEGA INTERNATIONAL COMMERCIAL BANK CO., LTD. SILICON VALLEY BRANCH By:/s/ Szu Xxx Xxxxx Name: Szu Xxx Xxxxx Title: VP & General Manager VALLEY NATIONAL BANK, a national banking association By:/s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: VP [Signatures Continued On Next Page] WOODFOREST NATIONAL BANK, a national banking association By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Vice President - Corporate Banking Signature Page to Fourth Amended and Restated Credit Agreement FIRST TENNESSEE BANK NATIONAL ASSOCIATION By:/s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President EASTERN BANK By:/s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Senior Vice President RENASANT BANK By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Executive Vice President PROVIDENCE BANK, dba PREMIER BANK TEXAS By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: EVP UNITED COMMUNITY BANK By:/s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President AMERICAN MOMENTUM BANK By:/s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Sr. Vice President EXHIBIT A FORM OF AMENDED AND RESTATED REVOLVING CREDIT NOTE $______________ _________...
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. GENERAL ELECTRIC CAPITAL CORPORATION, as the Agent and a Lender By: /s/Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Its Duly Authorized Signatory TD BANK, N.A., as a Lender By: /s/Xxxx Xxx Name: Xxxx Xxx Title: Vice President BANK OF AMERICA, N.A., as a Lender By: /s/Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Sr. Vice President EXHIBIT A Trademark Assignment [see attached] Exhibit A EXHIBIT B Burlington IP Sale Releases [see attached]
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, as a Lender and as Agent By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Assistant Vice President EXHIBIT A FORM OF NOTE $______________ _____________, 202__ FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promise to pay to _________________________________ (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of January 22, 2020, as from time to time in effect, among PLYMOUTH INDUSTRIAL OP, LP, the Subsidiary Guarantors, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (as amended, restated, modified or supplemented from time to time, the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the lesser of the principal sum of _________________ ($__________), or such principal amount as may be outstanding, with 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. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether no...
AGENT AND LENDERS. ANTARES CAPITAL CORPORATION, a Delaware corporation, as Agent and a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx: Title: Director Consent and Third Amendment to Credit Agreement GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Consent and Third Amendment to Credit Agreement LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Vice President Consent and Third Amendment to Credit Agreement XXXXXX X.X., as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Consent and Third Amendment to Credit Agreement FIRSTRUST BANK, as a Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President Consent and Third Amendment to Credit Agreement ING PRIME RATE TRUST, as a Lender By: ING Investment Management Co., as its investment manager By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Vice President ING SENIOR INCOME FUND, as a Lender By: ING Investment Management Co., as its investment manager By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Vice President Consent and Third Amendment to Credit Agreement DENALI CAPITAL CLO II, LTD., as a Lender By: DC Funding Partners LLC, its portfolio manager By: Denali Capital LLC, its managing member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Credit Officer DENALI CAPITAL CLO III, LTD., as a Lender By: DC Funding Partners LLC, its portfolio manager By: Denali Capital LLC, its managing member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Credit Officer Consent and Third Amendment to Credit Agreement The BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee of the Antares Funding Trust created under the Trust Agreement dated as of November 30, 1999, as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Assistant Vice President Consent and Third Amendment to Credit Agreement LONG LANE MASTER TRUST IV, as a Lender By: Fleet National Bank, as Trust Administrator By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Authorized Agent HARBOUR TOWN FUNDING LLC, as a Lender By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Authorized Agent RACE POINT CLO, LIMITED, as a Lender By: Sankaty Advisors, LLC, as Collateral Manager By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Chief Compliance Officer and Assistant Secretary CASTLE HILL I – INGOTS, LTD., as a Lender By: Sankaty Advisors, LLC, as Collateral Manager By: /s/ Xxxx...
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. 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 AMERICA N.A., as Agent and sole initial Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Vice President Address: c/o Bank of America, N.A., as agent 000 Xxxxx XxXxxxx Xxxxxx Xxxxxxx, XX 00000 Attention: Xx. Xxxxxx X. Chalmers Fax: (000) 000-0000 EXHIBIT A to Loan and Security Agreement REVOLVER NOTE [Date] $ Chicago, Illinois Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, Inc. (f/k/a Saints Acquisition, Inc.), an Alabama corporation (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), for value received, hereby unconditionally promise to pay, on a joint and several basis, to the order of (“Lender”), the principal sum of DOLLARS ($ ), or such lesser amount as may be advanced by Lender as Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Loan, Security and Guaranty Agreement dated as of January 12, 2011, among Borrowers, Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A., as Agent and Issuing Bank, and certain other financial institutions that are from time to time party thereto as lenders, as such agreement may be amended, modified, renewed or extended from time to time (“Loan Agreement”). Principal of and interest on this Note from time to time outstanding shall be due and payable as provided in the Loan Agreement. This Note is issued pursuant to and evidences Revolver Loans and LC Obligations under the Loan Agreement, to which reference is made for a statement of the rights and obligations of Lender and the duties and obligations of Borrowers. The Loan Agreement contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events, and for the borrowing, prepayment and reborrowing of amounts upon specified terms and conditions. The holder of this Note is hereby authorized by Borrowers to record on a schedule annexed to this Note (or on a supplemental schedule) the am...