AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Administrative Agent and Collateral Agent By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)
AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATION EICF AGENT LLC, as the Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory EXECUTION VERSION ENERGY IMPACT CREDIT FUND I LP, as a Lender By: Energy Impact Credit Fund I GP LLC, its general partner By: /s/ Xxxxx Xxxxxxx Name:Xxxxx Xxxxxxx Title: Managing Partner EXECUTION VERSION CION INVESTMENT CORPORATION, as a Lender By: /s/ Xxxxx Xxxxxxx Name:Xxxxx Xxxxxxx Title: President & Chief Investment Officer EXECUTION VERSION XXXXXX XXXX FUNDING II, LLC, as a Lender By: /s/ Xxxxx Xxxxxxx Name:Xxxxx Xxxxxxx Title: President EXECUTION VERSION CROWDOUT CAPITAL LLC, as a Lender By: /s/ Xxxxxxxxx Xxxxxxxxxx Name:Xxxxxxxxx Xxxxxxxxxx Title:Chief Executive Officer CROWDOUT CREDIT OPPORTUNITIES FUND LLC, as a Lender By: /s/ Xxxxxxxxx Xxxxxxxxxx Name:Xxxxxxxxx Xxxxxxxxxx Title:Chief Executive Officer EXECUTION VERSION BORROWERS: XXXXXXXX INDUSTRIAL SERVICES GROUP INC., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Administrative Agent Officer, General Counsel and Collateral Agent Secretary XXXXXXXX INDUSTRIAL SERVICES GROUP, L.L.C., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Secretary XXXXXXXX INDUSTRIAL SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary XXXXXXXX SPECIALTY SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary XXXXXXXX PLANT SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary XXXXXXXX GLOBAL SERVICES, INC., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Secretary EXECUTION VERSION CONSTRUCTION & MAINTENANCE PROFESSIONALS, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Secretary GUARANTORS: GLOBAL POWER PROFESSIONAL SERVICES INC., as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: President GPEG, LLC, as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Vice President STEAM ENTERPRISES LLC, as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: President, WISG CANADA LTD., as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Secretary WISG NUCLEAR LTD., as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name:Xxxxxx X. Xxxxxxx Title:Chief Financial Officer EXECUTION VERSION WISG ELECTRICAL LTD., as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name:Xxxxxx X. Xxxxxxx Title:Chief Financial Officer WISG ELECTRICAL, LLC, a New York limited liability company, as Guarantor By: Xxxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxxxxx Name:Xxxxxxx X. Xxxxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERSecretary : CORE SCIENTIFIC CONFORMED COPY – NOT EXECUTED IN THIS FORM INCORPORATING FIRST AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JUNE 30, 2022, SECOND AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF DECEMBER 30, 2022, THIRD AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JANUARY 9, 2023 AND FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF FEBRUARY 24, 2023, AND FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF MARCH 31, 2023 Exhibit A Marked Loan Agreement See attached. TERM LOAN, GUARANTEE AND SECURITY AGREEMENT DATED AS OF DECEMBER 16, 2020 AMONG EICF AGENT LLC, AS AGENT FOR THE LENDERS SIGNATORY HERETO, XXXXXXXX INDUSTRIAL SERVICES GROUP INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerAS BORROWER AND THE OTHER CREDIT PARTIES SIGNATORY HERETO XXXXXXX AND XXXXXX LLP 0000 Xxxxxx xx xxx Xxxxxxxx, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx00xx Floor New York, Suite 21New York 10020 4872-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 211048-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]2777 7026289 Table of Contents Page
Appears in 1 contract
Samples: Loan, Guarantee and Security Agreement (Williams Industrial Services Group Inc.)
AGENT AND LENDERS. WILMINGTON TRUSTANTARES CAPITAL CORPORATION, NATIONAL ASSOCIATIONa Delaware corporation, as the Administrative Agent a Lender and Collateral as Agent By: /s/ Xxxxx X. Xxxxxxxxxx Name: Title: Duly Authorized Signatory Signature Page to Waiver and Ninth Amendment OFS Funding, LLC By: Orchard First Source Capital, Inc. Its: Attorney in Fact By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director Signature Page to Waiver and Ninth Amendment OFSI Fund III, Ltd. By: Orchard First Source Capital, Inc. Its: attorney in fact By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director Signature Page to Waiver and Ninth Amendment. BABSON CLO LTD. 2005-I BABSON CLO LTD. 2005-II BABSON CLO LTD. 2005-III BABSON CLO LTD. 2006-I BABSON MID-MARKET CLO LTD. 2007-II LOAN STRATEGIES FUNDING LLC, as Lenders By: Babson Capital Management as Collateral Manager By: /s/ Xxxxxxx X.X. Xxxxxx Name: Xxxxxxx X.X. Xxxxxx Title: Director MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, as a Lender By: Babson Capital Management as Investment Advisor By: /s/ Xxxxxxx X.X. Xxxxxx Name: Xxxxxxx X.X. Xxxxxx Title: Director Signature Page to Waiver and Ninth Amendment ORIX FINANCE CORP., as a Lender By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Authorized Representative Signature Page to Waiver and Ninth Amendment Pangaea CLO 2007-1 LTD. By Pangaea Asset Management, LLC, its Collateral Manager By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Secretary Signature Page to Waiver and Ninth Amendment Sargas CLO II LTD. By Pangaea Asset Management, LLC, its Collateral Manager By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Secretary Signature Page to Waiver and Ninth Amendment M&I XXXXXXXX & ILSLEY BANK, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President [Core Scientific - Credit Signature Page to Waiver and Guaranty Agreement] [Ninth Amendment Bank of America NA. as successor to LaSalle Bank National Association, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx X. Xxxxxxx Name: Xxxx XxXxxxx X. Xxxxxxx Title: Chief Legal OfficerVice President Signature Page to Waiver and Ninth Amendment ANTARES FUNDING, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxL.P. By: The Bank of New York Trust Company, Suite 21-2 DoverN.A., DE 19904 Attn: Xxxxxxx Xxxxxxxxxas Trustee of the Antares Funding Trust created under the Trust Agreement dated as of November 30, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN1999, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxx Name: Xxxx XxXxxxx Xxx Title: Chief Legal OfficerVice President Signature Page to Waiver and Ninth Amendment NAVIGATOR CDO 2003, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxLTD., Suite 21-2 Doveras a Lender By: GE Asset Management Inc., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. as Collateral Manager By: /s/ Xxxx XxXxxxx Xxxxxx Name: Xxxx XxXxxxx Xxxxxx Title: Chief Legal OfficerAuthorized Signatory NAVIGATOR CDO 2005, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxLTD., Suite 21-2 Doveras a Lender By: GE Asset Management Inc., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY as Collateral Manager By: /s/ Xxxx Xxxxxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxxx Title: Chief Executive Officer 000 Authorized Signatory NAVIGATOR CDO 2006, LTD., as a Lender By: GE Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 AttnName: Xxxxxxx Xxxxxxxxx, Xxxx Xxxxxx Xxxxxxxx and Xxxx XxXxxxx EmailTitle: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Authorized Signatory
Appears in 1 contract
Samples: Credit Agreement (Panther Expedited Services, Inc.)
AGENT AND LENDERS. WILMINGTON TRUSTKEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Jxxxxxxx Xxxx Name: Jxxxxxxx Xxxx Title: Assistant Vice President (SEAL) BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ Gxxx X. Xxxxxxx Name: Gxxx X. Xxxxxxx Title: Senior Vice President (SEAL) REGIONS BANK, as Co-Syndication Agent By: /s/ Cxxxxxxxxxx X. Xxxxxx Name: Cxxxxxxxxxx X. Xxxxxx Title: SVP (SEAL) THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Co-Syndication Agent By: /s/ Axxxx Xxxxxx Name: Axxxx Xxxxxx Title: Authorized Signatory (SEAL) CITIZENS BANK, NATIONAL ASSOCIATION, as the Administrative Agent and Collateral Co-Documentation Agent By: /s/ Xxxxxx Kxxxx Xxxxxxx Name: Kxxxx Xxxxxxx Title: SVP PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agent By: /s/ Axx Xxxxxx Name: Axx Xxxxxx Xxxxxx Title: VP Corporate Banking (SEAL) SUNTRUST BANK, as Co-Documentation Agent By: /s/ Bxxxxxx Xxxxx Name: Bxxxxxx Xxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFICMIZUHO BANK, INC., A DELAWARE CORPORATION LTD. By: /s/ Xxxx XxXxxxx Jxxx Xxxxxx Name: Xxxx XxXxxxx Jxxx Xxxxxx Title: Chief Legal OfficerAuthorized Signatory (SEAL) BMO HXXXXX BANK, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. N.A. By: /s/ Xxxx XxXxxxx Axxxx Xxxxxx Name: Xxxx XxXxxxx Axxxx Xxxxxx Title: Chief Legal OfficerManaging Director (SEAL) CAPITAL ONE, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. NATIONAL ASSOCIATION By: /s/ Xxxx XxXxxxx Bxxxxxx Xxxxxxx Name: Xxxx XxXxxxx Bxxxxxx Xxxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING Vice President (OKLAHOMASEAL) LLC, A DELAWARE LIMITED LIABILITY COMPANY DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxx Xxxxxxxx Axxxx Xxxxx Name: Xxxx Xxxxxxxx Axxxx Xxxxx Title: Chief Director By: /s/ Mxxx X. Xxx Name: Mxxx X. Xxx Title: Director (SEAL) JPMORGAN CHASE BANK, N.A. By: /s/ Mxxxxxxx Xxxxx Name: Mxxxxxxx Xxxxx Title: Executive Officer 000 Xxxxxx XxxxDirector (SEAL) ROYAL BANK OF CANADA By: /s/ Bxxxx Xxxxx Name: Bxxxx Xxxxx Title: Authorized Signatory (SEAL) SANTANDER BANK, Suite 21-2 Dover, DE 19904 AttnN.A. By: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email/s/ Cxxxxxxxx Xxxxxxxxx Name: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Cxxxxxxxx Xxxxxxxxx Title: Senior Vice President (SEAL)
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUST, KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent Agent, as the Issuing Bank, as the Swingline Lender and Collateral Agent as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Senior Vice President BMO XXXXXX BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxx Xxxxxx Xxxxx Name: Xxxxxx Xxxxxx Xxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [ROYAL BANK OF CANADA, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Authorized Signatory FIFTH THIRD BANK, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Relationship Manager XXXXX FARGO BANK N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director FIRST BANK, A MISSOURI STATE CHARTERED BANK, as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President ANNEX A CREDIT AND GUARANTY AGREEMENT dated as of August 5, 2015 as amended through February 1, 2016 among CTR PARTNERSHIP, L.P., as Borrower CARETRUST REIT, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer as REIT Guarantor THE OTHER GUARANTORS PARTY HERETO THE LENDERS FROM TIME TO TIME PARTY HERETO and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLCKEYBANK NATIONAL ASSOCIATION, A DELAWARE LIMITED LIABILITY COMPANY By its sole memberNATIONAL BANKING ASSOCIATION as Administrative Agent KEYBANC CAPITAL MARKETS, Core ScientificXXXXXXX XXXXX BANK, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerN.A. AND BMO CAPITAL MARKETS as Joint Lead Arrangers and Book Managers XXXXXXX XXXXX BANK, Chief Administrative Officer N.A. AND BMO CAPITAL MARKETS as Co-Syndication Agents BARCLAYS BANK PLC AND RBC CAPITAL MARKETS as Co-Documentation Agents TABLE OF CONTENTS Article I DEFINITIONS; CONSTRUCTION 1 Section 1.1. Definitions 1 Section 1.2. Classifications of Loans and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx Borrowings 53 Section 1.3. Accounting Terms and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit Determination 53 Section 1.4. Terms Generally 53 Article II AMOUNT AND TERMS OF THE COMMITMENTS 54 Section 2.1. General Description of Facilities 54 Section 2.2. Revolving Loans 54 Section 2.3. Procedure for Revolving Borrowings 55 Section 2.4. Swingline Commitment 55 Section 2.5. Extension Option 57 Section 2.6. Funding of Borrowings 58 Section 2.7. Interest Elections 59 Section 2.8. Optional Reduction and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer Termination of Commitments 60 Section 2.9. Repayment of Loans 61 Section 2.10. Evidence of Indebtedness 61 Section 2.11. Optional Prepayments 63 Section 2.12. Mandatory Prepayments 63 Section 2.13. Interest on Loans 63 Section 2.14. Fees 64 Section 2.15. Computation of Interest and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Fees 66 Section 2.16. Inability to Determine Interest Rates 66 Section 2.17. Illegality 67 Section 2.18. Increased Costs 67 Section 2.19. Funding Indemnity 69 Section 2.20. Taxes 69
Appears in 1 contract
Samples: Credit and Guaranty Agreement (CareTrust REIT, Inc.)
AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATIONTCW ASSET MANAGEMENT COMPANY LLC, as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxxxx Xxxxxx XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TCW WV FINANCING LLC By: TCW Asset Management Company LLC, its Collateral Manager By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TCW SKYLINE LENDING L.P. By: TCW Asset Management Company LLC, its Investment Advisor By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TCW BRAZOS FUND LLC By: TCW Asset Management Company LLC, its Investment Advisor By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TCW DL VII FINANCING LLC By: TCW Asset Management Company LLC, its Collateral Manager By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TCW DIRECT LENDING STRUCTURED SOLUTIONS 2019 LLC By: TCW Asset Management Company LLC, its Investment Manager By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director Signature Page to Fifth Amendment to Loan Agreement U.S. SPECIALTY INSURANCE COMPANY By: TCW Asset Management Company LLC, its Investment Manager and Attorney-in-Fact By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director TMD DL HOLDINGS LLC By: TCW Asset Management Company LLC, its Investment Manager and Attorney-in-Fact By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director SAFETY NATIONAL CASUALTY CORPORATION By: TCW Asset Management Company LLC, its Investment Manager and Attorney-in-Fact By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director RELIANCE STANDARD LIFE INSURANCE COMPANY By: TCW Asset Management Company LLC, its Investment Manager and Attorney-in-Fact By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director PHILADELPHIA INDEMNITY INSURANCE COMPANY By: TCW Asset Management Company LLC, its Investment Manager and Attorney-in-Fact By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director Signature Page to Fifth Amendment to Loan Agreement. THE OHIO CASUALTY INSURANCE COMPANY By: Liberty Mutual Group Asset Management Inc., its Adviser By: /s/ XXXXXXX XXXXXXXX Name: Xxxxxxx XxXxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERSAFECO INSURANCE COMPANY OF AMERICA By: CORE SCIENTIFICLiberty Mutual Group Asset Management Inc., INC., A DELAWARE CORPORATION its Adviser By: /s/ Xxxx XxXxxxx XXXXXXX XXXXXXXX Name: Xxxx XxXxxxx Xxxxxxx XxXxxxxx Title: Chief Legal OfficerVice President LIBERTY MUTUAL INSURANCE COMPANY By: Liberty Mutual Group Asset Management Inc., Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. Adviser By: /s/ Xxxx XxXxxxx XXXXXXX XXXXXXXX Name: Xxxx XxXxxxx Xxxxxxx XxXxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Vice President Signature Page to Fifth Amendment to Loan Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, . CERBERUS C-1 LEVERED LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx XXXXXX X. XXXX Name: Xxxxxx X. Xxxx XxXxxxx Title: Chief Legal OfficerVice President CERBERUS LOAN FUNDING XXVII L.P. By: Cerberus LFGP XXVII, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 AttnLLC Its: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY General Partner By: /s/ Xxxx Xxxxxxxx XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Xxxxxxxx Title: Senior Managing Director CERBERUS OFFSHORE LEVERED IV LLC By: /s/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Title: Vice President CERBERUS OFFSHORE UNLEVERED LOAN OPPORTUNITIES MASTER FUND IV, L.P. By: Cerberus Offshore Unlevered Opportunities IV GP LLC Its: General Partner By: /s/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Title: Senior Managing Director CERBERUS REDWOOD LEVERED B LLC By: /s/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Title: Vice President CERBERUS LOAN FUNDING XXXIX L.P. By: Cerberus XXXIX, LLC Its: General Partner By: /s/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Title: Senior Managing Director CERBERUS LOAN FUND XL, LLC By: Cerberus Business Finance, Non-Member Manager By: /s/ XXXXXX X. XXXX Name: Xxxxxx X. Xxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Signature Page to Fifth Amendment to Loan Agreement]
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUSTXXXXX FARGO FOOTHILL, INC., a California corporation, as Agent and as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: VP 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: Name: Title: Acknowledged and agreed to as of the Administrative Agent and Collateral Agent date first written above: BORROWERS: CELLSTAR CORPORATION, a Delaware corporation By: /s/ Xxxxxx Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxxxx Xxxx Xxxxxxxxx Title: Vice President [Core Scientific - Credit Sr. VP and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit General Counsel CELLSTAR, LTD., a Texas limited partnership By: National Auto Center, Inc., its General Partner By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and Guaranty Agreement] BORROWER: CORE SCIENTIFICGeneral Counsel NATIONAL AUTO CENTER, INC., A DELAWARE CORPORATION a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR FINANCO, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxINC., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR INTERNATIONAL CORPORATION/SA, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR FULFILLMENT, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxINC., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY a Delaware corporation By: /s/ Xxxxxx Xxxx Xxxxxxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxx Xxxxxxxxx Title: Chief Executive Officer 000 Sr. VP and General Counsel CELLSTAR INTERNATIONAL CORPORATION/ASIA, a Delaware corporation By: /s/ Xxxxxx XxxxXxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel AUDIOMEX EXPORT CORP., Suite 21-2 Dovera Texas corporation By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel NAC HOLDINGS, DE 19904 AttnINC., a Nevada corporation By: Xxxxxxx /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: President CELLSTAR GLOBAL SATELLITE SERVICES, LTD., a Texas limited partnership By: National Auto Center, Inc., its General Partner By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel CELLSTAR FULFILLMENT LTD., a Texas limited partnership By: CellStar Fulfillment, Inc., its General Partner By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]
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Samples: Cellstar Corp
AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATIONWACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), as the Administrative Agent and Collateral Agent as Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President JPMORGAN BUSINESS CREDIT CORP., as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Senior Vice President XXXXXXX BUSINESS CREDIT, as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President AVP 1336786.4 [Core Scientific - Credit and Guaranty AgreementSIGNATURES CONTINUED FROM PRIOR PAGE] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFICTHE CIT GROUP/COMMERCIAL SERVICES, INC., A DELAWARE CORPORATION as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: S.V.P. UPS CAPITAL CORPORATION, as a Lender By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Director, Portfolio Management RZB FINANCE LLC, as a Lender By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: First Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President 1336786.4 [SIGNATURES CONTINUED FROM PRIOR PAGE] BORROWERS HARTMARX CORPORATION, as Debtor and Debtor-in-Possession By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President XXXXXXX APPAREL GROUP LIMITED By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President GUARANTORS EACH OF THE COMPANIES LISTED ON EXHIBIT A HERETO, each as Debtor and Debtor-in-Possession By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President 1336786.4 EXHIBIT A TO AMENDMENT Guarantors Anniston Sportswear Corporation Consolidated Apparel Group, Inc. Direct Route Marketing Corporation Xxxx Xxxxxxxxx & Xxxx Xxxxxx-Xxxxxxx Co., Inc. HMX Sportswear, Inc. International Women’s Apparel, Inc. Xxxxxx-Xxxx, Suite 21-2 DoverInc. HMX Luxury, DE 19904 Attn: Xxxxxxx XxxxxxxxxInc. Monarchy Group, Xxxxxx Xxxxxxxx and Inc., formerly known as M Acquisition Corp. X. Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]& Company, Inc. National Clothing Company, Inc. Simply Blue Apparel, Inc., formerly known as SB Acquisition Corp. Universal Design Group, Ltd. Briar, Inc. Chicago Trouser Company, Ltd. C. M. Clothing, Inc.
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AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATIONWACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), as the Administrative Agent and Collateral Agent as Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President JPMORGAN BUSINESS CREDIT CORP., as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Senior Vice President XXXXXXX BUSINESS CREDIT, as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President AVP 1304790.18 [Core Scientific - Credit and Guaranty AgreementSIGNATURES CONTINUED FROM PRIOR PAGE] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFICTHE CIT GROUP/COMMERCIAL SERVICES, INC., A DELAWARE CORPORATION as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Assistant Vice President UPS CAPITAL CORPORATION, as a Lender By: /s/ Xxxx XxXxxxx X’Xxxx Name: Xxxx XxXxxxx X’Xxxx Title: Chief Legal Officer, Chief Administrative Sr. Credit Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, RZB FINANCE LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxxxxxxxx Xxxxx Name: Xxxx XxXxxxx Xxxxxxxxx Xxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. First Vice President By: /s/ Xxxx XxXxxxx Xxxxxxx Xxxxxx Name: Xxxx XxXxxxx Xxxxxxx Xxxxxx Title: Chief Legal OfficerVice President 1304790.18 [SIGNATURES CONTINUED FROM PRIOR PAGE] BORROWERS HARTMARX CORPORATION, Chief Administrative Officer as Debtor and Secretary 000 Xxxxxx Xxxx, Suite 21Debtor-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY in-Possession By: /s/ Xxxx Xxxxxxxx Xxxxx X. Xxxxxx Name: Xxxx Xxxxxxxx Xxxxx X. Xxxxxx Title: Executive Vice President and Chief Executive Financial Officer 000 XXXXXXX APPAREL GROUP LIMITED By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President GUARANTORS EACH OF THE COMPANIES LISTED ON EXHIBIT A HERETO, each as Debtor and Debtor-in-Possession By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President of each such company 1304790.18 EXHIBIT A TO AMENDMENT Guarantors Anniston Sportswear Corporation Xxxxxx Surrey, Inc. Consolidated Apparel Group, Inc. Robert’s International Corporation Direct Route Marketing Corporation SALHOLD, Inc. Xxxx Xxxxxxxxx & Xxxx Seaford Clothing Co. Xxxxxx-Xxxxxxx Co., Inc. Society Brand, Ltd. HMX Sportswear, Inc. Xxxxxxx.xxx Apparel, Inc. International Women’s Apparel, Inc. TAG Licensing, Inc. Xxxxxx-Xxxx, Suite 21-2 DoverInc. Tailored Trend, DE 19904 Attn: Xxxxxxx XxxxxxxxxInc. HMX Luxury, Xxxxxx Xxxxxxxx and Inc. Thorngate Uniforms, Inc. Monarchy Group, Inc., formerly known as M Acquisition Corp. Trade Finance International Limited X. Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]& Company, Inc. Winchester Clothing Company National Clothing Company, Inc. Yorke Shirt Corporation Simply Blue Apparel, Inc., formerly known as SB Acquisition Corp. Zooey Apparel, Inc. Universal Design Group, Ltd. Briar, Inc. Chicago Trouser Company, Ltd. C. M. Clothing, Inc.
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AGENT AND LENDERS. WILMINGTON TRUST, KEYBANK NATIONAL ASSOCIATION, individually and as the Administrative Agent and Collateral Agent By: /s/ Xxxxxx Xxxxxx Tayven Hike Name: Xxxxxx Xxxxxx Tayven Hike Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC(SEAL) WXXXX FARGO BANK, INC., A DELAWARE CORPORATION N.A. By: /s/ Xxxx XxXxxxx Sxx Xxxxxx Name: Xxxx XxXxxxx Sxx Xxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. Senior Vice President (SEAL) REGIONS BANK By: /s/ Xxxx XxXxxxx Lxx Xxxxxxx Name: Xxxx XxXxxxx Lxx Xxxxxxx Title: Chief Legal OfficerVice President (SEAL) JPMORGAN CHASE BANK, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxN.A., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. a national banking association By: /s/ Xxxx XxXxxxx Kxxxxxxx Xxxxxx Name: Xxxx XxXxxxx Kxxxxxxx Xxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING Executive Director (OKLAHOMASEAL) LLC, A DELAWARE LIMITED LIABILITY COMPANY UBS AG STAMFORD BRANCH By: /s/ Xxxx Xxxxxxxx Lxxx Xxxxx Name: Xxxx Xxxxxxxx Lxxx Xxxxx Name: Jxxxxxx Xxxxxxxxx Title: Chief Executive Director Title: Associate Director (SEAL) BANK OF MONTREAL, CHICAGO BRANCH By: /s/ Lxxxx Xxxxx Name: Lxxxx Xxxxx Title: Vice President (SEAL) FIFTH THIRD BANK, an Ohio Banking Corporation By: /s/ Mxxxxxx X. Xxxxxxx Name: Mxxxxxx X. Xxxxxxx Title: Officer 000 (SEAL) PNC BANK, NATIONAL ASSOCIATION By: /s/ Axxxxx X. Xxxxx Name: Axxxxx X. Xxxxx Title: Senior Vice President (SEAL) FIRST TENNESSEE BANK NATIONAL ASSOCIATION By: /s/ Lxx Xxxxxx XxxxName: Lxx Xxxxxx Title: Senior Vice President (SEAL) CITIBANK, Suite 21-2 Dover, DE 19904 AttnN.A. By: /s/ Jxxx X. Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx EmailName: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Jxxx X. Xxxxxxx Title: Vice President (SEAL)
Appears in 1 contract
Samples: Credit Agreement (Mid America Apartment Communities Inc)
AGENT AND LENDERS. WILMINGTON TRUSTJPMORGAN CHASE BANK, NATIONAL ASSOCIATIONN.A., as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Executive Director DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxx Xxxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [XXXXXXX XXXXX LENDING PARTNERS LLC, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President XXXXXX XXXXXXX BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President MIHI LLC, as a Lender By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Authorized Signatory XXXXXXX XXXXX BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Senior Vice President WESTERN ALLIANCE BANK, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President EXHIBIT A EXECUTION VERSION $250,000,000 CREDIT AGREEMENT among ESH HOSPITALITY, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officeras Borrower, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxThe Several Lenders from Time to Time Party Hereto, Suite 21-2 DoverDEUTSCHE BANK SECURITIES INC., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, XXXXXXX XXXXX LENDING PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole memberCITIBANK, Core ScientificN.A., Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerBANK OF AMERICA, Chief N.A., BARCLAYS BANK PLC, XXXXXX XXXXXXX SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Officer and Secretary 000 Xxxxxx XxxxAgent Dated as of November 18, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, 2013 X.X. XXXXXX SECURITIES LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VIIDEUTSCHE BANK SECURITIES, INC. AND XXXXXXX SACHS LENDING PARTNERS LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer as Joint Lead Arrangers and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Joint Bookrunners TABLE OF CONTENTS Page
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUSTJPMORGAN CHASE BANK, NATIONAL ASSOCIATIONN.A., as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxxxxxx Xxxxxx Xxxxxx Title: Executive Director Name: Xxxxxxxx Xxxxxx DEUTSCHE BANK AG NEW YORK BRANCH as a Lender By: /s/ Xxxxx Xxxxxxx Title: Managing Director Name: Xxxxx Xxxxxxx By: /s/ Alexander B.V. Xxxxxxx Title: Managing Director Name: Alexander B.V. Xxxxxxx XXXXXXX SACHS LENDING PARTNERS LLC, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Title: Authorized Signatory Name: Xxxxxxxx Xxxxxxx CITIBANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxx Title: Vice President Name: Xxxx X. Xxxxxxx BANK OF AMERICA, N.A., as a Syndication Agent and as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Xxxxxx Xxxxxxx Bank, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Title: Authorized Signatory Name: Xxxx Xxxxxxx BARCLAYS BANK PLC, as a Lender By: /s/ Xxxx Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Name: Xxxx Xxxxxx MIHI LLC, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxxxx Menos Title: Authorized Signatory Name: Xxxxxxx Menos By: /s/ Xxxxx X. Xxxxx Title: Authorized Signatory Name: Xxxxx X. Xxxxx EXHIBIT A EXECUTION VERSION $250,000,000 CREDIT AGREEMENT among ESH HOSPITALITY, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officeras Borrower, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxThe Several Lenders from Time to Time PartiesParty Hereto, Suite 21-2 DoverDEUTSCHE BANK AG NEW YORK BRANCHSECURITIES INC., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, XXXXXXX XXXXX LENDING PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole memberCITIBANK, Core ScientificN.A., Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerBANK OF AMERICA, Chief N.A., BARCLAYS BANK PLC, XXXXXX XXXXXXX SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Officer and Secretary 000 Xxxxxx XxxxAgent Dated as of November 18, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]2013
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATIONWACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), as the Administrative Agent and Collateral Agent as Lender By: /s/ Xxxxxx Vxxxx Xxxxx Name: Vxxxx Xxxxx Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ Lxxx X. Xxxxxxx Name: Lxxx X. Xxxxxxx Title: Senior Vice President JPMORGAN BUSINESS CREDIT CORP., as a Lender By: /s/ Cxxxxxxxxxx X. Xxxxx Name: Cxxxxxxxxxx X. Xxxxx Title: Senior Vice President WXXXXXX BUSINESS CREDIT, as a Lender By: /s/ Jxxxxx Xxxxxx Name: Jxxxxx Xxxxxx Xxxxxx Title: AVP [SIGNATURES CONTINUED FROM PRIOR PAGE] THE CIT GROUP/COMMERCIAL SERVICES, INC., as a Lender By: /s/ Sxxxxx Xxxxxxx Name: Sxxxxx Xxxxxxx Title: AVP UPS CAPITAL CORPORATION, as a Lender By: /s/ Jxxx X. Xxxxxxxx Name: Jxxx X. Xxxxxxxx Title: Director, Portfolio Management RZB FINANCE LLC, as a Lender By: /s/ Cxxxxxxxx Xxxxx Name: Cxxxxxxxx Xxxxx Title: First Vice President By: /s/ Jxxx X. Xxxxxxx Name: Jxxx X. Xxxxxxx Title: First Vice President [SIGNATURES CONTINUED FROM PRIOR PAGE] BORROWERS HARTMARX CORPORATION, as Debtor and Debtor-in-Possession By: /s/ Txxxx X. Xxxxxxx Name: Txxxx X. Xxxxxxx Title: Senior Vice President CXXXXXX APPAREL GROUP LIMITED By: /s/ Txxxx X. Xxxxxxx Name: Txxxx X. Xxxxxxx Title: Vice President [Core Scientific - Credit GUARANTORS EACH OF THE COMPANIES LISTED ON EXHIBIT A HERETO, each as Debtor and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC, INC., A DELAWARE CORPORATION Debtor-in-Possession By: /s/ Xxxx XxXxxxx Txxxx X. Xxxxxxx Name: Xxxx XxXxxxx Txxxx X. Xxxxxxx Title: Chief Legal OfficerVice President EXHIBIT A TO AMENDMENT Guarantors Anniston Sportswear Corporation Consolidated Apparel Group, Chief Administrative Officer and Secretary 000 Xxxxxx Inc. Direct Route Marketing Corporation Hxxx Sxxxxxxxx & Mxxx Hxxxxx-Xxxxxxx Co., Inc. HMX Sportswear, Inc. International Women’s Apparel, Inc. Jxxxxx-Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core ScientificInc. HMX Luxury, Inc. By: /s/ Monarchy Group, Inc., formerly known as M Acquisition Corp. M. Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific& Company, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerNational Clothing Company, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxInc. Simply Blue Apparel, Suite 21-2 DoverInc., DE 19904 Attn: Xxxxxxx Xxxxxxxxxformerly known as SB Acquisition Corp. Universal Design Group, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLCLtd. Briar, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx XxxxInc. Chicago Trouser Company, Suite 21-2 DoverLtd. C. M. Clothing, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Inc.
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUSTXXXXX FARGO FOOTHILL, NATIONAL ASSOCIATIONINC., a California corporation, as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Sr. Vice President [Core Scientific - Credit 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 Acknowledged and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit agreed to as of the date first written above: BORROWERS: CELLSTAR CORPORATION, a Delaware corporation By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and Guaranty Agreement] BORROWERGeneral Counsel CELLSTAR, LTD., a Texas limited partnership By: CORE SCIENTIFICNational Auto Center, Inc., its General Partner By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel NATIONAL AUTO CENTER, INC., A DELAWARE CORPORATION a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR FINANCO, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxINC., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR INTERNATIONAL CORPORATION/SA, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. a Delaware corporation By: /s/ Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Name: Xxxxxx Xxxx XxXxxxx Xxxxxxxxx Title: Chief Legal OfficerSr. VP and General Counsel CELLSTAR FULFILLMENT, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxINC., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY a Delaware corporation By: /s/ Xxxxxx Xxxx Xxxxxxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxx Xxxxxxxxx Title: Chief Executive Officer 000 Sr. VP and General Counsel CELLSTAR INTERNATIONAL CORPORATION/ASIA, a Delaware corporation By: /s/ Xxxxxx XxxxXxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel AUDIOMEX EXPORT CORP., Suite 21-2 Dovera Texas corporation By: /s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel NAC HOLDINGS, DE 19904 AttnINC., a Nevada corporation By: Xxxxxxx Xxxxxxxxx/s/ Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: President CELLSTAR GLOBAL SATELLITE SERVICES, LTD., a Texas limited partnership By: National Auto Center, Inc., its General Partner By: /s/ Xxxxxx Xxxxxxxx Xxxx Xxxxxxxxx Name: Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and General Counsel CELLSTAR FULFILLMENT LTD., a Texas limited partnership By: CellStar Fulfillment, Inc., its General Partner By: /s/ Xxxxxx Xxxx XxXxxxx EmailXxxxxxxxx Name: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit Xxxxxx Xxxx Xxxxxxxxx Title: Sr. VP and Guaranty Agreement]General Counsel
Appears in 1 contract
Samples: Cellstar Corp
AGENT AND LENDERS. WILMINGTON TRUST, KEYBANK NATIONAL ASSOCIATION, individually and as the Administrative Agent and Collateral Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President (SEAL) BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President (SEAL) DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ X.X. Xxxxxxxx Xxx Name: X.X. Xxxxxxxx Xxx Title: Managing Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President (SEAL) REGIONS BANK, as Co-Syndication Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President (SEAL) CITIZENS BANK, NATIONAL ASSOCIATION f/k/a RBS CITIZENS, N.A., as Co-Syndication Agent By: /s/ Xxxxx X. Xxxxxxxxxxx Name: Xxxxx X. Xxxxxxxxxxx Title: Senior Vice President (SEAL) XXXXXXX XXXXX BANK USA By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory (SEAL) JPMORGAN CHASE BANK, N.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President (SEAL) PNC BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President (SEAL) SUNTRUST BANK, as Co-Syndication Agent By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: SVP REIT Banking Group (SEAL) TORONTO DOMINION (TEXAS) LLC, as Co-Syndication Agent By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Authorized Signatory (SEAL) XXXXXX XXXXXXX SENIOR FUNDING, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President (SEAL) SYNOVUS BANK By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director (SEAL) XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory (SEAL) XXXXXXXXX GROUP LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director (SEAL) STIFEL BANK & TRUST By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President (SEAL) COBANK, ACB By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC, INC., A DELAWARE CORPORATION (SEAL) CROSSFIRST BANK By: /s/ Xxxx XxXxxxx XxXxx Name: Xxxx XxXxxxx XxXxx Title: Chief Legal OfficerBusiness Banker (SEAL) UMB BANK, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. N.A. By: /s/ Xxxxxx X. Xxxx XxXxxxx Name: Xxxxxx X. Xxxx XxXxxxx Title: Chief Legal OfficerAVP (SEAL) EXHIBIT A-1 FORM OF AMENDED AND RESTATED REVOLVING CREDIT NOTE $______________ _____________, Chief Administrative Officer 20__ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promises to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Fourth Amended and Secretary Restated Credit Agreement, dated as of October 27, 2015, as from time to time in effect, among the Borrower, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the principal sum of _________________ ($__________), 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, to the extent permitted by applicable law, on overdue installments of interest 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 XxxxXxxxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx Xxxx 00000-0000, or at such other address as Agent may designate from time to time. This Note is one of one or more Revolving Credit Notes evidencing borrowings under and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and Guaranty 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] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLCand may be prepaid in whole or from time to time in part, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VIIall as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, LLCall agreements between the undersigned Maker and the Lenders and the Agent, A GEORGIA LIMITED LIABILITY COMPANY By their sole memberwhether now existing or hereafter arising and whether written or oral, American Property Acquisitionare hereby limited so that in no contingency, LLC By its sole memberwhether by reason of acceleration of the maturity of any of the Obligations or otherwise, Core Scientificshall the interest contracted for, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officercharged or received by the Lenders exceed the maximum amount permissible under applicable law. If, Chief Administrative Officer from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under applicable law; and Secretary 000 Xxxxxx Xxxxif from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, Suite 21-2 Doveran amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, DE 19904 Attn: Xxxxxxx Xxxxxxxxxif such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, Xxxxxx Xxxxxxxx such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (OKLAHOMAincluding the period of any renewal or extension thereof) LLCso that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur and be continuing, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxxthe entire principal amount of this Note may become or be declared due and payable in the manner and with the effect provided in said Credit Agreement. This Note shall be governed by the laws of the State of Georgia. The undersigned Maker and all guarantors and endorsers hereby waive presentment, Suite 21-2 Doverdemand, DE 19904 Attn: Xxxxxxx Xxxxxxxxxnotice, Xxxxxx Xxxxxxxx protest, notice of intention to accelerate the indebtedness evidenced hereby, notice of acceleration of the indebtedness evidenced hereby and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - all other demands and notices in connection with the delivery, acceptance, performance and enforcement of this Note, except as specifically otherwise provided in the Credit Agreement, and Guaranty assent to extensions of time of payment or forbearance or other indulgence without notice. This Note, together with other Amended and Restated Revolving Credit Notes as of even date herewith, is delivered in amendment and restatement of the “Revolving Credit Notes” as such term is defined in the Third Amended and Restated Credit Agreement]. This Note is not intended to, nor shall it be construed to, constitute a novation of the indebtedness due under the Third Amended and Restated Credit Agreement or the obligations evidenced thereby.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (QualityTech, LP)
AGENT AND LENDERS. WILMINGTON TRUSTJPMORGAN CHASE BANK, NATIONAL ASSOCIATIONN.A., as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxxxxxx Xxxxxx Xxxxxx Title: Executive Director Name: Xxxxxxxx Xxxxxx DEUTSCHE BANK AG NEW YORK BRANCH as a Lender By: /s/ Xxxxx Xxxxxxx Title: Managing Director Name: Xxxxx Xxxxxxx By: /s/ Alexander B.V. Xxxxxxx Title: Managing Director Name: Alexander B.V. Xxxxxxx XXXXXXX SACHS LENDING PARTNERS LLC, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Title: Authorized Signatory Name: Xxxxxxxx Xxxxxxx CITIBANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxx Title: Vice President Name: Xxxx X. Xxxxxxx BANK OF AMERICA, N.A., as a Syndication Agent and as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Xxxxxx Xxxxxxx Bank, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Title: Authorized Signatory Name: Xxxx Xxxxxxx BARCLAYS BANK PLC, as a Lender By: /s/ Xxxx Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Name: Xxxx Xxxxxx MIHI LLC, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxxxx Menos Title: Authorized Signatory Name: Xxxxxxx Menos By: /s/ Xxxxx X. Xxxxx Title: Authorized Signatory Name: Xxxxx X. Xxxxx EXHIBIT A EXECUTION VERSION $75,000,000 CREDIT AGREEMENT among EXTENDED STAY AMERICA, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officeras Borrower, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxThe Several Lenders from Time to Time PartiesParty Hereto, Suite 21-2 DoverDEUTSCHE BANK AG NEW YORK BRANCHSECURITIES INC., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, XXXXXXX SACHS LENDING PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole memberCITIBANK, Core ScientificN.A., Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerBANK OF AMERICA, Chief N.A., BARCLAYS BANK PLC, XXXXXX XXXXXXX SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Officer and Secretary 000 Xxxxxx XxxxAgent Dated as of November 18, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]2013
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUSTXXXXX FARGO BANK, NATIONAL ASSOCIATION, as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Assistant Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [UNION BANK, N.A., as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Assistant Vice President AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President COMERICA BANK, as a Lender By: /s/ Xxxxxxxx X. XxXxxxx Name: Xxxxxxxx X. XxXxxxx Title: Senior Vice President CITIBANK, N.A. as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President XXXXXX XXXXXXX SENIOR FUNDING, INC., A DELAWARE CORPORATION as a Lender By: /s/ Xxxx XxXxxxx Xxxxxxx Xxxxxxx Name: Xxxx XxXxxxx Xxxxxxx Xxxxxxx Title: Chief Legal OfficerVice President Acknowledged and Agreed: TRANSMONTAIGNE OPERATING COMPANY L.P., Chief Administrative Officer and Secretary 000 Xxxxxx Xxxxas Borrower By: TransMontaigne Operating GP L.L.C., Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. general partner By: /s/ Xxxx XxXxxxx Xxxxxxxxx X. Xxxxxx Name: Xxxx XxXxxxx Xxxxxxxxx X. Xxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Vice President
Appears in 1 contract
Samples: TransMontaigne Partners L.P.
AGENT AND LENDERS. WILMINGTON TRUST, NATIONAL ASSOCIATION EICF AGENT LLC, as the Administrative Agent and Collateral Agent By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxx Name: Xxxxxx Xxxxxx Xxxxx Xxxxxxx Title: Vice President [Core Scientific - Authorized Signatory SECOND AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ENERGY IMPACT CREDIT FUND I LP, as a Lender By: Energy Impact Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFICFund I GP LLC, INC., A DELAWARE CORPORATION its general partner By: /s/ Xxxx XxXxxxx Xxxxx Xxxxxxx Name: Xxxx XxXxxxx Xxxxx Xxxxxxx Title: Managing Partner SECOND AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT CION INVESTMENT CORPORATION, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: President & Chief Legal OfficerInvestment Officer SECOND AMENDMENT TO TERM LOAN, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINGUARANTEE AND SECURITY AGREEMENT XXXXXX XXXX FUNDING II, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxxxx Xxxxxxx Name: Xxxx XxXxxxx Xxxxx Xxxxxxx Title: President & Chief Legal OfficerInvestment Officer SECOND AMENDMENT TO TERM LOAN, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, GUARANTEE AND SECURITY AGREEMENT CROWDOUT CAPITAL LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxxxxxxxx Xxxxxxxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Xxxxxxxxx Xxxxxxxxxx
Appears in 1 contract
Samples: Guarantee and Security Agreement (Williams Industrial Services Group Inc.)
AGENT AND LENDERS. WILMINGTON TRUSTJPMORGAN CHASE BANK, NATIONAL ASSOCIATIONN.A., as the Administrative Agent and Collateral Agent as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Executive Director DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxx Xxxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [XXXXXXX XXXXX LENDING PARTNERS LLC, as a Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWERBy: CORE SCIENTIFIC/s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President XXXXXX XXXXXXX BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President MIHI LLC, as a Lender By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Authorized Signatory EXHIBIT A EXECUTION VERSION $75,000,000 CREDIT AGREEMENT among EXTENDED STAY AMERICA, INC., A DELAWARE CORPORATION By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officeras Borrower, Chief Administrative Officer and Secretary 000 Xxxxxx XxxxThe Several Lenders from Time to Time Party Hereto, Suite 21-2 DoverDEUTSCHE BANK SECURITIES INC., DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, XXXXXXX SACHS LENDING PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole memberCITIBANK, Core ScientificN.A., Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal OfficerBANK OF AMERICA, Chief N.A., BARCLAYS BANK PLC, XXXXXX XXXXXXX SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Officer and Secretary 000 Xxxxxx XxxxAgent Dated as of November 18, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]2013
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUST, KEYBANK NATIONAL ASSOCIATION, individually and as the Administrative Agent and Collateral Agent By: /s/ Xxxxxx Txxxxxx Xxxxxxx Name: Txxxxxx Xxxxxxx Title: Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ Gxxx X. Xxxxxxx Name: Gxxx X. Xxxxxxx Title: Senior Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 DEUTSCHE BANK AG NEW YORK BRANCH, as Co-Syndication Agent By: /s/ J.X. Xxxxxxxx Coo Name: J.X. Xxxxxxxx Coo Title: Managing Director By: /s/ Pxxxx Xxxxxx Name: Pxxxx Xxxxxx Title: Director (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 REGIONS BANK, as Co-Syndication Agent By: /s/ Kxxxx X. Xxxxxx Name: Kxxxx X. Xxxxxx Title: Vice President [Core Scientific - Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFIC(SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 CITIZENS BANK, INC.NATIONAL ASSOCIATION f/k/a RBS CITIZENS, A DELAWARE CORPORATION N.A. By: /s/ Xxxx XxXxxxx Dxxxx X. Xxxxxxxxxxx Name: Xxxx XxXxxxx Dxxxx X. Xxxxxxxxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. Senior Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 GXXXXXX SXXXX BANK USA By: /s/ Xxxx XxXxxxx Rxxxxxx Xxxxx Name: Xxxx XxXxxxx Rxxxxxx Xxxxx Title: Chief Legal OfficerAuthorized Signatory (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 JPMORGAN CHASE BANK, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. N.A. By: /s/ Xxxx XxXxxxx Bxxxxxx Xxx Name: Xxxx XxXxxxx Bxxxxxx Xxx Title: Chief Legal OfficerExecutive Director (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 PNC BANK, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY NATIONAL ASSOCIATION By: /s/ Bxxxxxx X Xxxxxxx Name: Bxxxxxx X. Xxxxxxx Title: Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 SUNTRUST BANK By: /s/ Fxxxxxxx Xxxxxx Name: Fxxxxxxx Xxxxxx Title: Senior Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 TORONTO DOMINION (TEXAS) LLC By: /s/ Mxxxx Xxxxxxxxx Name: Mxxxx Xxxxxxxxx Title: Authorized Signatory (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 MXXXXX SXXXXXX SENIOR FUNDING, INC. By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 SYNOVUS BANK By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Senior Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 MXXXXX SXXXXXX BANK, N.A. By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Authorized Signatory (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 JXXXXXXXX GROUP LLC By: /s/ Mxxx Xxxxxx Name: Mxxx Xxxxxx Title: Managing Director (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014 STIFEL BANK & TRUST By: /s/ Jxxx Xxxxxxxx Name: Xxxx Jxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]Vice President (SEAL) SIGNATURE PAGE TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – KEYBANK/QTS 12/2014
Appears in 1 contract
AGENT AND LENDERS. WILMINGTON TRUST EICF AGENT LLC, NATIONAL ASSOCIATION, as the Administrative Agent and Collateral Agent By: /s/ Xxxxxx Xxxxxx Xxxxx Xxxxxxx Name: Xxxxxx Xxxxxx Xxxxx Xxxxxxx Title: Vice President [Core Scientific - Authorized Signatory FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT ENERGY IMPACT CREDIT FUND I LP, as a Lender By: Energy Impact Credit and Guaranty Agreement] [Lender signature pages on file with Administrative Agent] [Core Scientific - Credit and Guaranty Agreement] BORROWER: CORE SCIENTIFICFund I GP LLC, INC., A DELAWARE CORPORATION its general partner By: /s/ Xxxx XxXxxxx Xxxxx Xxxxxxx Name: Xxxx XxXxxxx Xxxxx Xxxxxxx Title: Managing Partner FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT CION INVESTMENT CORPORATION, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: President & Chief Legal OfficerInvestment Officer FOURTH AMENDMENT TO TERM LOAN, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINGUARANTEE AND SECURITY AGREEMENT XXXXXX XXXX FUNDING II, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxxxx Xxxxxxx Name: Xxxx XxXxxxx Xxxxx Xxxxxxx Title: Chief Legal OfficerPresident FOURTH AMENDMENT TO TERM LOAN, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, GUARANTEE AND SECURITY AGREEMENT CROWDOUT CAPITAL LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. as a Lender By: /s/ Xxxx XxXxxxx Xxxxxxxxx Xxxxxxxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxxxx Xxxxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx CROWDOUT CREDIT OPPORTUNITIES FUND LLC, Suite 21-2 Dover as a Lender By: /s/ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Chief Executive Officer FOURTH AMENDMENT TO TERM LOAN, DE 19904 AttnGUARANTEE AND SECURITY AGREEMENT BORROWERS: XXXXXXXX INDUSTRIAL SERVICES GROUP INC., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx XxxxxxxxxX. Xxxxxxxx Title: Senior Vice President, Chief Administrative Officer, General Counsel and Secretary XXXXXXXX INDUSTRIAL SERVICES GROUP, L.L.C., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Secretary XXXXXXXX INDUSTRIAL SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary XXXXXXXX SPECIALTY SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary XXXXXXXX PLANT SERVICES, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Assistant Secretary FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT XXXXXXXX GLOBAL SERVICES, INC., as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Secretary CONSTRUCTION & MAINTENANCE PROFESSIONALS, LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Secretary FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT GUARANTORS: GLOBAL POWER PROFESSIONAL SERVICES INC., as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President GPEG, LLC, as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President STEAM ENTERPRISES LLC, as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President WISG CANADA LTD., as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Secretary WISG NUCLEAR LTD., as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer WISG ELECTRICAL LTD., as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT WISG ELECTRICAL, LLC, a New York limited liability company, as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Secretary FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT Exhibit A Marked Loan Agreement See attached. CONFORMED COPY – NOT EXECUTED IN THIS FORM INCORPORATING FIRST AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JUNE 30, 2022, SECOND AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF DECEMBER 30, 2022, AND THIRD AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF JANUARY 9, 2023 AND FOURTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, DATED AS OF FEBRUARY 24, 2023 TERM LOAN, GUARANTEE AND SECURITY AGREEMENT DATED AS OF DECEMBER 16, 2020 AMONG EICF AGENT LLC, AS AGENT FOR THE LENDERS SIGNATORY HERETO, XXXXXXXX INDUSTRIAL SERVICES GROUP INC., AS BORROWER AND THE OTHER CREDIT PARTIES SIGNATORY HERETO XXXXXXX AND XXXXXX LLP 0000 Xxxxxx xx xxx Xxxxxxxx, 00xx Floor New York, New York 10020 TABLE OF CONTENTS PAGE 1. AMOUNT AND TERMS OF CREDIT 1 1.1 Term Loan 1 1.2 Term and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Prepayment 34 1.3 Use of Proceeds 6 1.4 Single Loan 6 1.5 Interest 6 1.6 Fees 7 1.7 Receipt of Payments; Taxes 78 1.8 Application and Allocation of Payments 89 1.9 Accounting 89 1.10 Indemnity 9 1.11 Rates 910 1.12 Joinder of New Subsidiaries as a Credit and Guaranty Agreement]Party, Etc 910
Appears in 1 contract
Samples: Guarantee and Security Agreement (Williams Industrial Services Group Inc.)
AGENT AND LENDERS. WILMINGTON TRUSTBANK OF AMERICA, N.A., as Agent and Lender By: /s/ Xxxxxxx X. Xxx Xxxxxxxxxx Name: Xxxxxxx X. Xxx Xxxxxxxxxx Title: Senior Vice President Address: 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxxxx X. Xxx Xxxxxxxxxx Telecopy: _________________ Amended and Restated Loan and Security Agreement JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as the Administrative Agent Lender, Co-Syndication Agent, Joint Book Runner, Co-Lead Arranger By: /s/ X.X. Xxxxx Name: X. X. Xxxxx Title: Vice President Address: 0000 Xxxx Xxxxxx, 9th Floor Dallas, Texas 75201 Attn: X. X. Xxxxx Telecopy: (000) 000-0000 Amended and Collateral Restated Loan and Security Agreement CAPITAL ONE, N.A., as Lender and Co-Documentation Agent By: /s/ Xxxxxx Xxxxxx Xxxx X. Xxxxxxxx Name: Xxxxxx Xxxxxx Xxxxx X. Xxxxxxxx Title: Executive Vice President Address: Specialty Finance Lender Group 000 Xxxxx Xx. Xxxxx Xxxxx, Xxxxxxxxx 00000 Attn: Xxxx X. Xxxxxxxx Office: (000) 000-0000 Amended and Restated Loan and Security Agreement UNION BANK, N.A. fka UNION BANK OF CALIFORNIA, N.A., as Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President [Core Scientific - Credit Address: Commercial Finance Division 000 Xxxxxxxxxx Xx., 0xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attn: Xxxxx Xxxxxxxx, Vice President/ Senior Relationship Manager Telecopy: 000-000-0000 Amended and Guaranty Agreement] [Restated Loan and Security Agreement COMPASS BANK, as Lender signature pages on file with Administrative Agent] [Core Scientific - Credit By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President Address: 00 Xxxxxxxx Xxxxx, Xxx. 0000 Xxxxxxx, XX 00000 Attn: Xxxxx Xxxxxxxx Telecopy: Amended and Guaranty Agreement] BORROWERRestated Loan and Security Agreement COMPASS BANK, successor in interest to GUARANTY BANK as Lender By: CORE SCIENTIFIC/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President Address: 00 Xxxxxxxx Xxxxx, Xxx. 0000 Xxxxxxx, XX 00000 Attn: Xxxxx Xxxxxxxx Telecopy: Amended and Restated Loan and Security Agreement FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as Lender By: /s/ R. Xxxxx Xxxxx Name: R. Xxxxx Xxxxx Title: Vice President Address: X.X. Xxx 00 Xxxxxxx, Xxxxxxxxx 00000 Attn: R. Xxxxx Xxxxx, Vice President Telecopy: (000) 000-0000 Amended and Restated Loan and Security Agreement XXXXX FARGO PREFERRED CAPITAL, INC., A DELAWARE CORPORATION as Lender, and Co-Syndication Agent By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President Address: 000 Xxxxxx Xxxxxx Xxx Xxxxxx, Xxxx 00000 Attn: Xx. Xxxxx X. Xxxxxxx, Senior Vice President Telecopy: (000) 000-0000 Amended and Restated Loan and Security Agreement REGIONS BANK, as Lender and Co-Documentation Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President Address: 0000 Xxxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxxx, XX 00000 Attn: Xxxxx Xxxxxxx, Vice President Telecopy: 000-000-0000 Amended and Restated Loan and Security Agreement AMEGY BANK, as Lender By: /s/ Xxxx XxXxxxx X. Xxxxx Name: Xxxx XxXxxxx X. Xxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Senior Vice President Address: _______________________________ _______________________________ Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx _______________________________ Telecopy: ______________________________ Amended and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit Restated Loan and Guaranty Security Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement] GUARANTOR: AMERICAN PROPERTY ACQUISITOINS I, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AMERICAN PROPERTY ACQUISITIONS VII, LLC, A GEORGIA LIMITED LIABILITY COMPANY By their sole member, American Property Acquisition, LLC By its sole member, Core Scientific, Inc. By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Chief Legal Officer, Chief Administrative Officer and Secretary 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx GUARANTOR: CORE SCIENTIFIC SPECIALTY MINING (OKLAHOMA) LLC, A DELAWARE LIMITED LIABILITY COMPANY By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chief Executive Officer 000 Xxxxxx Xxxx, Suite 21-2 Dover, DE 19904 Attn: Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Xxxx XxXxxxx Email: xxxxx@xxxxxxxxxxxxxx.xxx [Core Scientific - Credit and Guaranty Agreement]
Appears in 1 contract
