AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing Director
Appears in 1 contract
Sources: Credit Agreement (QualityTech, LP)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATIONBANK OF AMERICA, individually and N.A., as Agent and Lender By: /s/ T/S/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent ByAddress: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇ Title▇▇▇▇▇ Attn: Senior Vice President By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ NameTelecopy: J▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANKGENERAL ELECTRIC CAPITAL CORPORATION, as Co-Syndication Collateral Agent and a Lender By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M/S/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President ByDuly Authorized Signatory Address: /s/ JGeneral Electric Capital Corporation ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Bon-Ton Stores Account Manager Facsimile ▇▇▇-▇▇▇-▇▇▇▇ With copies to: General Electric Capital Corporation ▇▇▇ ▇▇▇▇▇▇▇ Name▇▇▇▇▇ Norwalk, CT 06851 Attn: JCorporate Counsel McGuireWoods LLP ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ CAPITAL ONE LEVERAGE FINANCE CORP., as a Lender By: /S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy: ▇-▇▇▇-▇▇▇-▇▇▇▇ CITZENS BANK OF PENNSYLVANIA, as a Lender and Co-Documentation Agent By: /S/ ▇▇▇ ▇▇▇▇ Name: ▇▇▇ ▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Place MS 153-2775 ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇ ▇▇▇▇ Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ PNC BANK NATIONAL ASSOCIATION, as a Lender By: /S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President Address: PNC Bank, National Association ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP▇, REIT Banking Group By: /s/ S▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ SUNTRUST BANK, as a Lender By: /S/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: S▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ TD BANK, N.A., as a Lender By: /S/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Authorized Signatory Senior Underwriter U.S. BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ D/S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director Assistant Vice President Address: ▇▇▇ ▇.▇. ▇▇▇▇ ▇▇▇▇▇, ▇▇-▇▇-▇▇▇▇ ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ FARGO CAPITAL FINANCE, LLC, as a Lender By: /s/ S/S/ ▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ Name: S▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ TitleAttn: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇▇ ▇▇▇▇▇▇ NameTelecopy: M▇▇▇-▇▇▇-▇▇▇▇ EXHIBIT A to Second Amended and Restated Loan and Security Agreement [ ], 20_____ $ New York, New York THE BON-TON DEPARTMENT STORES, INC., a Pennsylvania corporation (“Bon-Ton”), THE ▇▇▇▇▇-▇▇▇▇▇▇▇ STORES CORP., an Ohio corporation (“▇▇▇▇▇-▇▇▇▇▇▇▇”), ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director▇▇, INC., a Mississippi corporation (“CPS II”), BON-TON DISTRIBUTION, INC., an Illinois corporation (“Distribution”) and MCRIL, LLC, a Virginia limited liability company (“McRIL”, and, together with Bon-Ton, ▇▇▇▇▇-▇▇▇▇▇▇▇, CPS II, Distribution and any other person from time to time a borrower under the Loan Agreement (as defined below), collectively, the “Borrowers”), for value received, hereby unconditionally promise to pay, on a joint and several basis, to the order of (“Lender”), in Dollars and immediately available funds, the principal sum of DOLLARS ($ ), or such lesser amount as may be advanced by Lender as Tranche A Revolver Loans and owing to such Lender as LC Obligations from time to time under the Loan Agreement referred to below, which sum shall be due and payable in such amounts and on such dates as are set forth in the Loan Agreement referred to below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Second Amended and Restated Loan and Security Agreement dated as of March 21, 2011, as such agreement may be amended, modified, renewed or extended from time to time (the “Loan Agreement”), among, the Borrowers, each of the other Obligors party thereto, the financial institutions party thereto from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”) and the other agents and arrangers from time to time party thereto. Capitalized terms not otherwise defined herein shall have the same respective meanings given to such terms in the Loan Agreement. Principal of and interest on this Tranche A Revolver Note from time to time outstanding shall be due and payable in such amounts and on such dates as provided in the Loan Agreement. This Tranche A Revolver Note is issued pursuant to and evidences Tranche A Revolver Loans and LC Obligations under the Loan Agreement, to which reference is made for a statement of the rights and obligations of Lender and the duties and obligations of Borrowers. The Loan Agreement contains provisions for acceleration of the maturity of this Tranche A Revolver Note upon the happening of certain stated events, and for the borrowing, prepayment and reborrowing of amounts upon specified terms and conditions. The holder of this Tranche A Revolver Note is hereby authorized by Borrowers to record on a schedule annexed to this Tranche A Revolver Note (or on a supplemental schedule) the amounts owing with respect to the Tranche A Revolver Loans and LC Obligations, and the payment thereof. Failure to make any notation, however, shall not affect the rights of the holder of this Tranche A Revolver Note or any obligations of Borrowers hereunder or under any other Loan Documents. Time is of the essence of this Tranche A Revolver Note. Each Borrower and all endorsers, sureties and guarantors of this Tranche A Revolver Note hereby severally waive demand, presentment for payment, protest, notice of protest, notice of intention to accelerate the maturity of this Tranche A Revolver Note, diligence in collecting, the bringing of any suit against any party, and any notice of or defense on account of any extensions, renewals, partial payments, or changes in any manner of or in this Tranche A Revolver Note or in any of its terms, provisions and covenants, or any releases or substitutions of any security, or any delay, indulgence or other act of any trustee or any holder hereof, whether before or after maturity. In no event whatsoever shall the amount paid or agreed to be paid to the holder of this Tranche A Revolver Note for the use, forbearance or detention of money advanced hereunder exceed the highest lawful rate permitted under Applicable Law. If any such excess amount is inadvertently paid by Borrowers or inadvertently received by the holder of this Tranche A Revolver Note, such excess shall be returned to Borrowers or credited as a payment of principal, in accordance with the Loan Agreement. It is the intent hereof that Borrowers not pay or contract to pay, and that holder of this Tranche A Revolver Note not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by Borrowers under Applicable Law. [This Tranche A Revolver Note amends, restates, supersedes, and replaces in its entirety that certain Tranche A Revolver Note dated as of December 4, 2009 given by, inter alia, the Borrowers in favor of the Lender.]1 This Tranche A Revolver Note shall be governed by the laws of the State of New York, including, without limitation, New York General Obligations Law Sections 5-1401 and 5-1402 (but giving effect to federal laws relating to national banks).
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION EICF AGENT LLC, individually and as Agent By: /s/ T▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory ENERGY IMPACT CREDIT FUND I LP, as a Lender By: Energy Impact Credit Fund I GP LLC, its general partner By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Partner CION INVESTMENT CORPORATION, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: President & Chief Investment Officer as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: President as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Executive Officer as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Executive Officer as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President, Chief Administrative Officer, General Counsel and Secretary as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Secretary as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Assistant Secretary as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Assistant Secretary as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Assistant Secretary ▇▇▇▇▇▇▇▇ GLOBAL SERVICES, INC., as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Secretary as Borrower By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Secretary as Guarantor By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President GPEG, LLC, as Guarantor By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A. STEAM ENTERPRISES LLC, as Co-Syndication Agent Guarantor By: /s/ G▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President WISG CANADA LTD., as Guarantor By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Secretary WISG NUCLEAR LTD., as Guarantor By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President Chief Financial Officer WISG ELECTRICAL LTD., as Guarantor By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President Chief Financial Officer a New York limited liability company, as Guarantor By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: D▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorSecretary PAGE 1.1 Term Loan 1 1.2 Term and 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 Party, Etc 910
Appears in 1 contract
Sources: Term Loan, Guarantee and Security Agreement (Williams Industrial Services Group Inc.)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATIONWACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), individually as Agent and as Agent Lender By: /s/ T▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ illegible Name: illegible Title: Sennior Vice President JPMORGAN BUSINESS CREDIT CORP., as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President ▇▇▇▇▇ FARGO FOOTHILL, LLC, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇▇ BUSINESS CREDIT, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: AVP THE CIT GROUP/COMMERCIAL SERVICES, INC., as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President BANK OF AMERICA, N.A.UPS CAPITAL CORPORATION, as Co-Syndication Agent a Lender By: /s/ G▇▇▇▇ ▇'▇▇▇▇ Name: ▇▇▇▇ ▇'▇▇▇▇ Title: Senior Credit Officer RZB FINANCE LLC, as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Group Vice President By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior First Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorPresident
Appears in 1 contract
Sources: Ratification and Amendment Agreement (Hartmarx Corp/De)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as the Agent and as Agent a Lender By: /s/ T▇▇J▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: T▇▇J▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ GH▇▇▇▇ ▇▇▇▇ Name: H▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ S▇▇▇▇ ▇. ▇▇▇▇▇ Name: S▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Director By: /s/ J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ J▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: GJ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ C. V▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. Name: C. V▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. Title: Vice President By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Vice President By: /s/ J. L▇. ▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: L▇▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Executive Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇C▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: K▇C▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇D▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇D▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇ ▇▇▇▇▇▇▇ Name: A▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director & Industry Head, U.S. Real Estate, Gaming & Leisure By: /s/ R▇▇▇ ▇▇▇▇▇▇ Name: A▇▇R▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇ Name: S▇▇▇▇▇▇ ▇. ▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorSenior Vice President KITE REALTY GROUP, L.P., W▇▇▇▇ FARGO SECURITIES, LLC AND KEYBANC CAPITAL MARKETS INC., AS JOINT BOOK MANAGERSBOOKRUNNERS AND JOINT LEAD ARRANGERS AS CO-SYNDICATION AGENTAGENTS, REGIONS BANK, TD BANK, N.A., BANK OF AMERICA, N.A., CITIBANK, N.A., AND
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Co-Syndication Agent By: /s/ J▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory CITIZENS BANK, NATIONAL ASSOCIATION, as Co-Documentation Agent By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: J▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: Managing Director Senior Vice President PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agent By: /s/ J. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President SUNTRUST BANK, as Co-Documentation Agent By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Senior Vice President REGIONS BANK, as Co-Syndication Documentation Agent By: /s/ K▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: ▇.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Managing Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group Managing Director By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director Vice President By: /s/ S▇▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorVice President $______________ _____________, 20__ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promises to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Fifth Amended and Restated Credit Agreement, dated as of December 20, 2016, as from time to time in effect, among the Borrower, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the principal sum of _________________ ($__________), 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 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, 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 is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Revolving Credit Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under applicable law. If, 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 if from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an 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, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, 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 spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so 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, the 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, demand, notice, protest, notice of intention to accelerate the indebtedness evidenced hereby, notice of acceleration of the indebtedness evidenced hereby and 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 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 Fourth 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 Fourth Amended and Restated Credit Agreement or the obligations evidenced thereby.
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. .▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President (SEAL) CITIZENS BANK, NATIONAL ASSOCIATION f/k/a RBS CITIZENS, N.A., as Co-Syndication Agent By: /s/ M▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President SUNTRUST BANK, as Co-Syndication Agent By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President SVP REIT Banking Group TORONTO DOMINION (TEXAS) LLC, as Co-Syndication Agent By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorDirector By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Business Banker By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: AVP $______________ _____________, 20__ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promises to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Fourth Amended and Restated Credit Agreement, dated as of October 27, 2015, as from time to time in effect, among the Borrower, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the principal sum of _________________ ($__________), 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 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, 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 is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Revolving Credit Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under applicable law. If, 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 if from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an 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, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, 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 spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so 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, the 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, demand, notice, protest, notice of intention to accelerate the indebtedness evidenced hereby, notice of acceleration of the indebtedness evidenced hereby and 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 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
Sources: Credit Agreement (QualityTech, LP)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: SVP By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Executive Director General Counsel By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent Executive Director By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Assistant Vice President FIFTH THIRD BANK, a Michigan banking corporation By: /s/ J▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: J▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Managing Director VP By: /s/ J. ▇. ▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent Assistant Vice President By: /s/ K▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory Vice President By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ ▇, SVP Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Senior Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing DirectorExecutive Vice President [CONFORMED DRAFT] AAREAL BANK AG CAPITAL CORPORATION
Appears in 1 contract
AGENT AND LENDERS. KEYBANK ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, individually as Agent and as Agent a Lender By: /s/ T▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President UNION BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Assistant Vice President AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President COMERICA BANK, as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President CITIBANK, N.A. as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ SENIOR FUNDING, INC., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A.TRANSMONTAIGNE OPERATING COMPANY L.P., as Co-Syndication Agent Borrower By: TransMontaigne Operating GP L.L.C., its sole general partner By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Executive Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorPresident
Appears in 1 contract
Sources: Independent Accountant Agreement (TransMontaigne Partners L.P.)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President (SEAL) BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President (SEAL) BRANCH, as Co-Syndication Agent By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. J.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Coo Name: J. J.▇. ▇▇▇▇▇▇▇▇ Coo Title: Managing Director By: /s/ P▇▇▇▇ ▇▇▇▇▇▇ Name: P▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director (SEAL) REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President (SEAL) By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: Senior Vice President (SEAL) By: /s/ M▇R▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇R▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President (SEAL) By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director (SEAL) By: /s/ B▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ Name: B▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President (SEAL) By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group Senior Vice President (SEAL) By: /s/ SM▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: SM▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory (SEAL) By: /s/ M▇▇▇▇▇▇ ▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President (SEAL) By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director Senior Vice President (SEAL) By: /s/ SM▇▇▇▇▇▇ ▇▇▇▇ Name: SM▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory (SEAL) By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorDirector (SEAL) By: /s/ J▇▇▇ ▇▇▇▇▇▇▇▇ Name: J▇▇▇ ▇▇▇▇▇▇▇▇ Title: Executive Vice President (SEAL)
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as the Agent and as Agent a Lender By: /s/ TK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A. By: /s/ H▇▇▇▇ ▇▇▇▇ Name: H▇▇▇▇ ▇▇▇▇ Title: Vice President REGIONS BANK By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President TD BANK, N.A. By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: TJ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President U.S. BANK OF AMERICA, N.A., as Co-Syndication Agent NATIONAL ASSOCIATION By: /s/ GM▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President ASSOCIATED BANK, NATIONAL ASSOCIATION By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇ Title: Senior Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ B▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: GB▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: SVP TRUIST BANK By: /s/ R▇▇▇ ▇▇▇▇▇▇ Name: R▇▇▇ ▇▇▇▇▇▇ Title: Director PNC BANK, NATIONAL ASSOCIATION By: /s/ J▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President Exiting Lender hereby joins in the execution of this Amendment solely for purposes of acknowledging its agreement to the terms and conditions set forth in Section 3 of this Amendment. EXITING LENDER: THE HUNTINGTON NATIONAL BANK By: /s/ J▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorPresident
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as the Agent and as Agent a Lender By: /s/ TK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: TK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ GH▇▇▇▇ ▇▇▇▇ Name: H▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ S▇▇▇▇ ▇. ▇▇▇▇▇ Name: S▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Director By: /s/ J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ J▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: GJ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Vice President By: /s/ J. C▇▇▇ ▇▇▇▇▇▇▇ Name: C▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Executive Director REGIONS BANK, as Co-Syndication Agent By: /s/ KM▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: KM▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ MD▇▇▇▇ ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ R▇▇▇ ▇▇▇▇▇▇ Name: R▇▇▇ ▇▇▇▇▇▇ Title: Director By: /s/ J▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory Each Exiting Lender hereby joins in the execution of this Amendment solely for purposes of acknowledging its agreement to the terms and conditions set forth in Section 3 of this Amendment. By: /s/ D▇▇▇▇ ▇▇▇▇▇ Name: D▇▇▇▇ ▇▇▇▇▇ Title: Director By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ JKEYBANC CAPITAL MARKETS INC., BOFA SECURITIES, INC., KEYBANC CAPITAL MARKETS INC., PNC CAPITAL MARKETS, LLC, AND CAPITAL ONE, NATIONAL ASSOCIATION, W▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVPFARGO BANK, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇NATIONAL ASSOCIATION, AND BANK OF AMERICA,. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorN.A., PNC BANK, NATIONAL ASSOCIATION AND CAPITAL ONE, NATIONAL ASSOCIATION, TD BANK, N.A., AND JPMORGAN CHASE BANK, N.A., CAPITAL ONE, NATIONAL REGIONS BANK, TD BANK, N.A., AND JPMORGAN CHASE BANK, N.A., CAPITAL ONE,
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as a Lender and as Agent By: /s/ T▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President BBVA USA, an Alabama banking corporation, individually as a Lender and as a Co-Syndication Agent By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President By:/s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Director CAPITAL ONE, NATIONAL ASSOCIATION, individually as a Lender and as a Co-Syndication Agent By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Duly Authorized Signatory SUNTRUST BANK, individually as a Lender and as a Co-Syndication Agent By:/s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director FIFTH THIRD BANK, an Ohio Banking Corporation, individually as a Lender and as a Co-Documentation Agent By:/s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director II By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Executive Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ GBy:/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President ByBy:/s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: /s/ J▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President By:/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President WOODFOREST NATIONAL BANK, a national banking association By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Senior Vice President - Corporate Banking By:/s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Sr. Vice President By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J:▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. Senior Vice President By:/s/ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ MDirector VALLEY NATIONAL BANK, a national banking association By:/s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇By:/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇SVP $__,000,000.00 _____________, 20__ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promises to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Term Loan Agreement, dated as of August 7, 2019, as from time to time in effect, by and among Maker, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Loan Agreement”), to the extent not sooner paid, on or before the Maturity Date, the principal sum of _______ Million and No/100 Dollars ($__,000,000.00), or such amount as may be advanced by the Payee under the Loan Agreement as a Term Loan with daily interest from the date thereof, computed as provided in the Loan 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 Loan 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 Loan Agreement. Interest shall be payable on the dates specified in the Loan 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 Loan Agreement. Payments hereunder shall be made to the Agent for the Payee at ▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇, ▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ -▇▇▇▇▇▇ Title: Managing Director, or at such other address as Agent may designate from time to time. This Note (this “Note”) is one of one or more Term Loan Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Loan Agreement. The principal of this Note may be due and payable in whole or in part prior to the Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Loan Agreement, and may be prepaid in whole or from time to time in part, all as set forth in the Loan Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under Applicable Law. If, 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 if from any circumstance the Lenders shall ever receive anything of value deemed interest by Applicable Law in excess of the maximum lawful amount, an 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, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, 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 spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so 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, the entire principal amount of this Note may become or be declared due and payable in the manner and with the effect provided in said Loan Agreement. This Note shall, pursuant to New York General Obligations Law Section 5-1401, be governed by the laws of the State of New York. The undersigned Maker and all guarantors and endorsers hereby waive presentment, demand, notice, protest, notice of intention to accelerate the indebtedness evidenced hereby, notice of acceleration of the indebtedness evidenced hereby and all other demands and notices in connection with the delivery, acceptance, performance and enforcement of this Note, except as specifically otherwise provided in the Loan Agreement, and assent to extensions of time of payment or forbearance or other indulgence without notice.
Appears in 1 contract
Sources: Term Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATIONJPMORGAN CHASE BANK, individually N.A., as the Administrative Agent and as Agent a Lender By: /s/ T▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Executive Director DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇▇ ▇▇▇▇▇ LENDING PARTNERS LLC, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory CITIBANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent a Lender By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory BARCLAYS BANK PLC, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President MIHI LLC, as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President Authorized Signatory By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorSignatory
Appears in 1 contract
AGENT AND LENDERS. KEYBANK WACHOVIA BANK, NATIONAL ASSOCIATION, individually as Administrative Agent and as Agent a Lender By: /s/ M▇▇▇ ▇. ▇▇▇▇▇▇ Name: M▇▇▇ ▇. ▇▇▇▇▇▇ Title: Managing Director Wachovia Bank, National Association W▇▇▇▇ FARGO BANK, N.A. By: /s/ T▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent N.A. By: /s/ GS▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: GS▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President BNP PARIBAS By: /s/ T▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: T▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Managing Director By: /s/ G▇▇▇ ▇▇▇▇▇▇▇▇ Name: G▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President U.S. BANK, N.A. By: /s/ K▇▇▇▇ ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President LASALLE BANK NATIONAL ASSOCIATION By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory AVP THE BANK OF NOVA SCOTIA By: /s/ M▇▇▇ ▇▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇▇ Title: Managing DirectorDirector FIRST NATIONAL BANK OF OMAHA By: /s/ M▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: M▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President KEY BANK NATIONAL ASSOCIATION By: /s/ V▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: V▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: AVP COMERICA BANK By: /s/ T▇▇▇▇▇▇ ▇’▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇’▇▇▇▇▇▇ Title: Vice President THE NORTHERN TRUST COMPANY By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Vice President COMMERCIAL FEDERAL BANK By: /s/ W▇▇▇▇▇▇ ▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President
Appears in 1 contract
Sources: Credit Agreement (West Corp)
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ TJ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: TJ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ KC▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: KC▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior SVP THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Co-Syndication Agent By: /s/ A▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory CITIZENS BANK, NATIONAL ASSOCIATION, as Co-Documentation Agent By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇ Title: SVP PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agent By: /s/ A▇▇ ▇▇▇▇▇▇ Name: A▇▇ ▇▇▇▇▇▇ Title: VP Corporate Banking SUNTRUST BANK, as Co-Documentation Agent By: /s/ B▇▇▇▇▇▇ ▇▇▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇ ▇▇▇▇▇▇ Name: J▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director By: /s/ B▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ A▇▇▇▇ ▇▇▇▇▇ Name: A▇▇▇▇ ▇▇▇▇▇ Title: Director By: /s/ M▇▇▇ ▇. ▇▇▇ Name: M▇▇▇ ▇. ▇▇▇ Title: Director By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ FB▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: SB▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ DC▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: SC▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorSenior Vice President
Appears in 1 contract
AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATIONJPMORGAN CHASE BANK, individually N.A., as the Administrative Agent and as Agent a Lender By: /s/ T▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Executive Director DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇▇ ▇▇▇▇▇ LENDING PARTNERS LLC, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory CITIBANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent a Lender By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory BARCLAYS BANK PLC, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President MIHI LLC, as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President Authorized Signatory By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVPBANK, REIT Banking Group N.A., as a Lender By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: D▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Director Senior Vice President WESTERN ALLIANCE BANK, as a Lender By: /s/ S▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorVice President
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AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as the Agent and as Agent a Lender By: /s/ T▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ JC. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. Name: C. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. Title: Vice President By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director & Industry Head, U.S. Real Estate, Gaming & Leisure By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇Director First Amendment dated May 4, 2020 and , KITE REALTY GROUP, L.P., KEYBANC CAPITAL MARKETS INC., BRANCH BANKING AND TRUST COMPANYTRUIST SECURITIES, INC., AND ▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVPFARGO BANK, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing DirectorNATIONAL ASSOCIATIONSECURITIES, LLC, BRANCH BANKING AND TRUST COMPANYTRUIST BANK, PNC BANK, NATIONAL ASSOCIATION, TD BANK, N.A., AND
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AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATIONBANK OF AMERICA, individually and N.A., as Agent and Lender By: /s/ T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent ByAddress: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ Title▇▇▇▇▇ Attn: Senior Vice President By: /s/ J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ NameTelecopy: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President ByDuly Authorized Signatory Address: /s/ J▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ , ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇ Attn: Bon-Ton Department Stores Manager Telecopy: ▇▇ Name: A▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President FARGO RETAIL FINANCE, LLC, as a Lender By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director Assistant VP PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director Vice President CITIZENS BANK OF PENNSYLVANIA, as a Lender By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President 525 ▇▇▇▇▇▇▇ Penn Place M/S 153-2470 ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ SUNTRUST BANK, as a Lender By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇ Title: Director REGIONS BANK, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Managing DirectorAttorney-in-Fact
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