AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as a Lender and as the Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior VP [Signatures Continued on Next Page] JPMORGAN CHASE BANK, N.A., individually and as Co-Syndication Agent By: /s/ Xxxxxxx Xxx Name: Xxxxxxx Xxx Title: Executive Director [Signatures Continued on Next Page] CITIBANK, N.A., individually and as Co-Syndication Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President [Signatures Continued on Next Page] FIFTH THIRD BANK, an Ohio banking corporation, individually as a Lender and as the Documentation Agent By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President By: /s/ Xxxx X. XxXxxx Name: Xxxx X. XxXxxx Title: Vice President [Signatures Continued on Next Page] CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director [Signatures Continued on Next Page] CADENCE BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President [Signatures Continued on Next Page] CITIZENS BANK, N.A. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President [Signatures Continued on Next Page] ROYAL BANK OF CANADA By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Authorized Signatory [Signatures Continued on Next Page] XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Executive Vice President [Signatures Continued on Next Page] PINNACLE BANK By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President [Signatures Continued on Next Page] RENASANT BANK By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: EVP EXHIBIT A FORM OF JOINDER AGREEMENT THIS JOINDER AGREEMENT (“Joinder Agreement”) is executed as of , 20 , by , a (“Joining Party”), and delivered to KeyBank National Association, as Agent, pursuant to §5.5 of that certain First Amended and Restated Credit Agreement dated as of July 30, 2015, as from time to time in effect (the “Credit Agreement”), by and among MedEquities Realty Operating Partnership, LP (the “Borrower”), KeyBank National Association, for itself and as the Agent, and the other Lenders from time to time party thereto. Terms used but not defined in this Joinder Agreement shall have the meanings defined for those terms in the Credit Agreement.
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 $______________ _____________, 2017 FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promise to pay to _________________________________ (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of August 11, 2017, as from time to time in effect, among PLYMOUTH INDUSTRIAL OP, LP, the Subsidiary Guarantors, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the lesser of the principal sum of _________________ ($__________), or such amount as may be advanced by the Payee under the Credit Agreement as a Revolving Credit Loan 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 each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion 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 Revolving Credit 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 Revolving Credit Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepa...
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. ANTARES CAPITAL CORPORATION, a Delaware corporation, as a Lender and as Agent By: /s/ Brain X. Xxxxxxxxxx Name: Brain X. Xxxxxxxxxx Title: Duly Authorized Signatory Fifth Amendment LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Assistant Vice President Fifth Amendment ANTARES FUNDING, L.P., as a Lender By: The Bank of New York Trust Company., as Trustee of the Antares Funding Trust created under the Trust Agreement dated as of November 30, 1999, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Relationship Manager Fifth Amendment NAVIGATOR CDO 2003, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory NAVIGATOR CDO 2005, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory NAVIGATOR CDO 2006, LTD, as a Lender By: GE Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory Fifth Amendment OFSI FUND II, LLC, as a Lender By: Orchard First Source Asset Management, LLC, its attorney in fact By: Orchard First Source Capital, Inc., its attorney in fact By: /s/ Xxxxxxxx X. XxXxxxx Xx. Name: Xxxxxxxx X. XxXxxxx Xx. Title: Director OFSI FUND III, LTD, as a Lender By: Orchard First Source Capital, Inc., its attorney in fact By: /s/ Xxxxxxxx X. XxXxxxx Xx. Name: Xxxxxxxx X. XxXxxxx Xx. Title: Director
AGENT AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as Agent and as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Its: Duly Authorized Signatory GE CAPITAL BANK, a Utah industrial loan corporation, formerly known as GE Capital Financial Inc., as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Its: Duty Authorized Signatory REGIONS BANK, as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Its: Managing Director Fifth Amendment to Credit Agreement EXHIBIT A Form of Availability Certificate See attached. EXHIBIT 11.1(b) TO CREDIT AGREEMENT FORM OF AVAILABILITY CERTIFICATE ZOE’S KITCHEN USA, LLC Date: , 20 This Availability Certificate (this “Certificate”) is given by ZOE’S KITCHEN USA, LLC, a Delaware limited liability company (the “Borrower”), pursuant to subsection 11.1(b) of that certain Amended and Restated Credit Agreement dated as of September 23, 2011 among the Borrower, the other Credit Parties party thereto, General Electric Capital Corporation, as administrative agent (in such capacity, “Agent”), and as a Lender, and the additional Lenders party thereto (as such agreement has been and may further be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement. The individual executing this Certificate is a Responsible Officer of the Borrower and as such is duly authorized to execute and deliver this Certificate on behalf of the Borrower. By executing this Certificate, such officer hereby certifies to Agent and Lenders on behalf of Borrower, that:
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent, a U.S. Lender and an Issuing Bank By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: VP AMENDMENT NUMBER FOUR TO AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (GUESS?) SIGNATURE PAGE BANK OF AMERICA, N.A. (acting through its Canada branch), as a Canadian Lender and an Issuing Bank By: /s/ Xxxxxx Sales xx Xxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Title: Vice President AMENDMENT NUMBER FOUR TO AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (GUESS?) SIGNATURE PAGE BMO BANK N.A., successor in interest to Bank of The West, as a U.S. Lender By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Vice President BMO BANK N.A. (acting through its Canada branch), successor in interest to Bank of The West, as a Canadian Lender By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Vice President AMENDMENT NUMBER FOUR TO AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (GUESS?) SIGNATURE PAGE HSBC BANK USA, NATIONAL ASSOCIATION, as a U.S. Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director HSBC BANK USA, NATIONAL ASSOCIATION, as a Canadian Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director AMENDMENT NUMBER FOUR TO AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (GUESS?) ANNEX A [See attached.] CONFORMED LOAN AGREEMENT Incorporates: Amendment Number One dated as of April 12, 2023, Amendment Number Two dated as of January 5, 2024, and Amendment Number Three dated as of March 28, 2024 and Amendment Number Four dated as of April 2, 2024 AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of December 20, 2022 GUESS?, INC., GUESS? RETAIL, INC., and XXXXX.XXX, INC. as U.S. Borrowers, GUESS? CANADA CORPORATION, as Canadian Borrower and VARIOUS GUARANTORS PARTY HERETO BANK OF AMERICA, N.A., as Agent BANK OF AMERICA, N.A., as Syndication Agent, Lead Arranger and Bookrunner, *This Conformed Copy is NOT an official copy of the Loan and Security Agreement and is intended for informational purposes only. Table of Contents Page
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 Lender By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, Senior 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