Common use of Borrower Clause in Contracts

Borrower. LAREDO PETROLEUM, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory

Appears in 2 contracts

Samples: Credit Agreement (Laredo Petroleum Holdings, Inc.), Credit Agreement (Laredo Petroleum - Dallas, Inc.)

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Borrower. LAREDO PETROLEUM, INC.PILGRIM’S PRIDE CORPORATION, a corporation formed under the laws of the State of Delaware corporation By: /s/ W. Xxxx Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Chief Financial Officer, Sec & Treasurer ADMINISTRATIVE AGENT: XXXXXX COMMERCIAL PAPER INC. By: /s/ Xxxxxx Xxxxxx Name: W. Xxxx Xxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE SVP SYNDICATION AGENT: XXXXX FARGO BANKCREDIT SUISSE, N.A. CAYMAN ISLANDS BRANCH By: /s/ Xxxxx X. Xxxxx Xxxx Xxxxxxxxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxx Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank JOINT LEAD ARRANGERS: XXXXXX BROTHERS INC. By: /s/ Xxxxxx Xxxxxx Title: SVP, Xxxxxx Xxxxxx CREDIT SUISSE SECURITIES (USA) LLC By: /s/ Sovonna Day-Xxxxx Title: Sovonna Day-Xxxxx Director [$450M SENIOR UNSECURED TERM LOAN AGREEMENT SIGNATURE PAGE] SYNDICATION PARTIES: Xxxxxx Commercial Paper Inc. By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx MD Contact Name: Xxxxx Xxxxxx Title: Director UNION BANKAssociate Address: Xxxxxx Brothers 000 Xxxxxxx Xxxxxx Xxxxx 0 XX, N.A.XX 00000 Phone No.: (000) 000-0000 Fax No.: (000) 000-0000 e-mail address: xxxxx.xxxxxx@xxxxxx.xxx [$450M SENIOR UNSECURED TERM LOAN AGREEMENT SIGNATURE PAGE] SYNDICATION PARTIES: CREDIT SUISSE, as a Bank CAYMAN ISLANDS BRANCH By: /s/ Xxxx Xxxxxxxxx Sovonna Day-Xxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Sovonna Day-Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Contact Name: Xxxxx X. Xxxxxxxx Xxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAAddress: Xxx Xxxxxxx Xxxxxx, XX, XX 00000 Phone No.: (000) 000-0000 Fax No.: e-mail address: xxxxx.xxx@xxxxxx-xxxxxx.xxx SCHEDULE I –INDIVIDUAL COMMITMENTS LENDER INDIVIDUAL COMMITMENT XXXXXX COMMERCIAL PAPER INC. $ 315,000,000.00 CREDIT SUISSE, CAYMAN ISLANDS BRANCH $ 135,000,000.00 Total $ 450,000,000.00 PILGRIM’S PRIDE CORPORATION, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A.Issuer AND [ ], as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANKTrustee SENIOR FIXED RATE NOTES INDENTURE DATED AS OF , as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory200 CROSS REFERENCE TABLE Section of Trust Indenture Act of 1939 Section(s) of Indenture ss. 310 (a) (1) 7.10 (a) (2) 7.10

Appears in 1 contract

Samples: Term Loan Agreement (Pilgrims Pride Corp)

Borrower. LAREDO PETROLEUMENABLE MIDSTREAM PARTNERS, INC.LP, a Delaware corporation as the Borrower By: Enable GP, LLC, its General Partner By: /s/ W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Name: W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Title: Senior Vice President, Chief Financial Operating Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKCITIBANK, N.A., as Agent By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP Barclays Bank PLC By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Assistant Vice President BOKF, NA dba BANK OF OKLAHOMA By: /s/ Xxxxx Xxxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxxx Title: Senior Vice President LENDERS: CITIBANK, N.A., as Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory Compass Bank By: /s/ Xxxxxx X. Xxxxx Name: Xxxxx Xxxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANKExecutive Vice President CREDIT SUISSE AG, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent CAYMAN ISLANDS BRANCH By: /s/ Xxxxxxxxxxx Xxxxx Xxx Name: Xxxxxxxxxxx Xxxxx Xxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXXXX XXXXX BANK USA By: /s/ Xxxxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx Title: Authorized Signatory JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx X Xxxxx Name: Xxxxx Xxxxxxx X Xxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Senior Vice President MIZUHO BANK, N.A., as a Bank LTD. By: /s/ Xxxx Xxxxxxxxx Mo Name: Xxxx Xxxxxxxxx Mo Title: Investment Banking Officer BMO Authorized Signatory XXXXXX FINANCINGXXXXXXX BANK, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank N.A. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEAuthorized Signatory PNC BANK, N.A., as a NATIONAL BANK By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President ROYAL BANK OF CANADA By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SunTrust Bank By: /s/ Xxxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxxx Title: Director The Bank of New York Mellon By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President COMPASS BANKTHE BANK OF TOKYO-MITSUBISHI UFJ, as a Bank LTD. By: /s/ Xxx Xxx Xxxxxxx Xxxx Xxxxxxxxxx Name: Xxx Xxx Xxxxxxx Xxxx Xxxxxxxxxx Title: Vice President BOKF, NA dba THE ROYAL BANK OF OKLAHOMA, as a Bank SCOTLAND PLC By: /s/ Xxx X. Xxxxxxxxx Xxxxx Xxxxxxxx Name: Xxx X. Xxxxxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank UBS Loan Finance LLC By: /s/ Xxxx Xxxxxx Xxxxx Name: Xxxx Xxxxxx Xxxxx Title: Senior Vice President COMERICA BANKDirector By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Associate Director U.S. BANK NATIONAL ASSOCIATION, as a Bank lender By: /s/ Xxxx X. Xxxxx X’Xxxxxxxxxxx Name: Xxxxx X’Xxxxxxxxxxx Title: Vice President Xxxxx Fargo Bank, N.A. By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxx X. Xxxxxxxx Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Revolving Credit Agreement (Centerpoint Energy Inc)

Borrower. LAREDO PETROLEUM, INC.PILGRIM’S PRIDE CORPORATION, a corporation formed under the laws of the State of Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxx Title: Vice President BANK OF SCOTLAND plcChief Financial Officer ADMINISTRATIVE AGENT: COBANK, as a Bank ACB By: /s/ Xxxxx Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Senior Vice President CO-ARRANGER: AGRILAND, FCS By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAChief Executive Officer 115 SYNDICATION PARTIES: Agriland, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank FCS By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Contact Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Address: 0000 X. Xxxxxxxxx Xxxx 000 Xxxxx, Xxxxx 00000 Phone No.: (000) 000-0000 Fax No.: (000) 000-0000 e-mail address: - Individual Revolving Commitment: $735,000,000.00 Individual Floating Rate Term Commitment: $ 0.00 Individual Fixed Rate Term Commitment: $ 0.00 Payment Instructions: Agriland, FCS ABA No.: 000000000 Acct. Name: Agriland Farm Credit Services Account No.: Attn: Xxxxx Xxxxxxxx Reference: Pilgrim’s Pride SYNDICATION PARTIES: Deere Credit, Inc. By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Senior Account Credit Manager Contact Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USASenior Account Credit Manager Address: X.X. Xxx 0000 – Dept. 140 0000 X.X. 00xx Xxxxxx Xxxxxxxx, as a Bank ByXxxx 00000 Phone No.: /s/ Xxxx Xxxxxx Name515/000-0000 Fax No.: Xxxx Xxxxxx Title515/000-0000 e-mail address: Authorized SignatoryXxxxxxxXxxxxxx@XxxxXxxxx.xxx Individual Revolving Commitment: $50,000,000.00 Individual Floating Rate Term Commitment: $ 0.00 Individual Fixed Rate Term Commitment: $ 0.00 Payment Instructions:

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Borrower. LAREDO PETROLEUMSTAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: STAG Industrial GP, LLC Its: General Partner By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Officer PARENT: STAG INDUSTRIAL, INC., a Delaware Maryland corporation By: /s/ W. Xxxx Xxxxxx Xxxxxxx X. Xxxxxxx Name: W. Xxxx Xxxxxx Xxxxxxx X. Xxxxxxx Title: Senior Vice President, Chief Financial Authorized Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor the Administrative Agent and a Lender By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx X’ Xxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx X’ Xxxx Title: Vice President JPMORGAN CHASE BANKVP, N.A.Portfolio Manager BRANCH BANKING AND TRUST COMPANY, as a Bank Lender By: /s/ Xxxxx Xxxx Xxxxxxx Name: Xxxxx Xxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALESenior Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Vice President CITIBANK, N.A., as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: Authorized Signatory PNC BANK NA, as a Lender By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: Senior Vice President XXXXXXX XXXXX BANK, N.A., as a Bank Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: CRE Lending Manager / SVP REGIONS BANK, as a Lender By: /s/ Xxxx Xxxxxxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC.Vice President ROYAL BANK OF CANDA NEW YORK BRANCH, as a Bank Lender By: /s/ Xxxxxx Xxxxxxxx Xxx Name: Xxxxxx Xxxxxxxx Xxx Title: Director BNP PARIBASAuthorized Signatory TD BANK NA, as a Bank Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: SVP Team Lead US BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONESVP XXXXX FARGO BANK, N.A., as a Bank Lender By: /s/ D. Xxxxx Xxxxxxx X. Xxxxxx Name: D. Xxxxx Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANKManaging Director EXHIBIT A AMENDED LOAN AGREEMENT (REDLINE) [Attached] EXHIBIT B to First Amendment to Term Loan Agreement EXECUTION VERSION Published CUSIP Number: 00000XXX0 TERM LOAN AGREEMENT Dated as of July 28, 2017 among STAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., as the Borrower, STAG INDUSTRIAL, INC., as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKFGuarantor, NA dba BANK OF OKLAHOMAAMERICA, N.A., as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTthe Administrative Agent, CAPITAL ONE, NATIONAL ASSOCIATION, PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANKCo-Syndication Agents, and THE FINANCIAL INSTITUTIONS NOW OR HEREAFTER SIGNATORIES HERETO AND THEIR ASSIGNEES PURSUANT TO SECTION 11.06, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President Lenders XXXXXXX SACHS BANK USALYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatorythe Sole Bookrunner and Joint Lead Arranger and CAPITAL ONE, NATIONAL ASSOCIATION, PNC CAPITAL MARKETS LLC, ROYAL BANK OF CANADA and XXXXX FARGO SECURITIES, LLC, as Joint Lead Arrangers TABLE OF CONTENTS Section Page Article I. Definitions and Accounting Terms 1

Appears in 1 contract

Samples: Term Loan Agreement (STAG Industrial, Inc.)

Borrower. LAREDO PETROLEUMACXIOM CORPORATION, INC., a Delaware corporation as the Borrower By: /s/ Jack W. Xxxx Xxxxxx XxXxxxx, Xx. Name: Jack W. Xxxx Xxxxxx XxXxxxx, Xx. Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO President - Finance & Treasurer JPMORGAN CHASE BANK, N.A., as Administrative Agent, Issuing Bank, Swingline Lender and a Bank Lender By: /s/ Xxxxx Brandon X. Xxxxxxx Name: Brandon X. Xxxxxxx Title: Vice President BRANCH BANKING AND TRUST COMPANY, as a Lender By: /s/ Janet L. Xxxxxxx Name: Janet L. Xxxxxxx Title: Vice President CAPITAL ONE BANK, as a Lender By: /s/ Kiel Joxxxxx Name: Kiel Joxxxxx Title: AVP REGIONS BANK, as a Lender By: /s/ Alan DeXxxxxxxxxx Name: Alan DeXxxxxxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Thomas X. Xxxxxxx Name: Thomas X. Xxxxxxx Title: Senior Vice President HSBC BANK USA, N.A., as a Lender By: /s/ Santiagx Xxxxxxx Name: Santiagx Xxxxxxx Title: Senior Vice President SUNTRUST BANK, as a Lender By: /s/ Henry J. Xxxxx Name: Henry J. Xxxxx X. Xxxxx Title: Vice President COMPASS BANK, as a Lender By: /s/ John Stxxx Name: John Stxxx Xxxxx: Xxxxxr Vice President THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as a Lender By: /s/ Richard Xxx Xxx Name: Richard Xxx Xxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent Lender By: /s/ Lisa M. Xxxxxxxxxxx Xxxxx Name: Lisa M. Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE WELLS FXXXX BANK, N.A.NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxx Xxxxxxx Catherixx Xxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Catherixx Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

Borrower. LAREDO PETROLEUM, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A.TB ACQUISITION MERGER SUB LLC, as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank the Borrower prior to the consummation of the Closing Date Merger By: /s/ Xxxx X. Xxxxxxx Xxxxxxxx Name: Xxxx X. Xxxxxxx Xxxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USAHAWK PARENT HOLDINGS LLC, as a Bank the Borrower following the consummation of the Closing Date Merger By: /s/ Xxxx Xxxxxxx Xxxxxx Name: Xxxx Xxxxxxx Xxxxxx Title: Authorized SignatoryChief Financial Officer OTHER LOAN PARTIES: HAWK INTERMEDIATE HOLDINGS LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer HAWK BUYER HOLDINGS LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer Revolving Credit and Term Loan Agreement REPAY HOLDINGS, LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer M&A VENTURES, LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer SIGMA ACQUISITION LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer WILDCAT ACQUISITION LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer XXXXXX ACQUIRER LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer REPAY MANAGEMENT HOLDCO INC. By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Treasurer and Secretary Revolving Credit and Term Loan Agreement REPAY MANAGEMENT SERVICES LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chief Financial Officer Revolving Credit and Term Loan Agreement

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Repay Holdings Corp)

Borrower. LAREDO PETROLEUMSTAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: STAG Industrial GP, LLC Its: General Partner By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Officer PARENT: STAG INDUSTRIAL, INC., a Delaware Maryland corporation By: /s/ W. Xxxx Xxxxxx Xxxxxxx X. Xxxxxxx Name: W. Xxxx Xxxxxx Xxxxxxx X. Xxxxxxx Title: Senior Vice President, Chief Financial Authorized Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor the Administrative Agent and a Lender By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx X’ Xxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx X’ Xxxx Title: Vice President JPMORGAN CHASE BANKVP, N.A.Portfolio Manager BRANCH BANKING AND TRUST COMPANY, as a Bank Lender By: /s/ Xxxxx Xxxx Xxxxxxx Name: Xxxxx Xxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALESenior Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Vice President CITIBANK, N.A., as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: Authorized Signatory PNC BANK NA, as a Lender By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: Senior Vice President XXXXXXX XXXXX BANK, N.A., as a Bank Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: CRE Lending Manager / SVP REGIONS BANK, as a Lender By: /s/ Xxxx Xxxxxxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC.Vice President ROYAL BANK OF CANDA NEW YORK BRANCH, as a Bank Lender By: /s/ Xxxxxx Xxxxxxxx Xxx Name: Xxxxxx Xxxxxxxx Xxx Title: Director BNP PARIBASAuthorized Signatory TD BANK NA, as a Bank Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: SVP Team Lead US BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONESVP XXXXX FARGO BANK, N.A., as a Bank Lender By: /s/ D. Xxxxx Xxxxxxx X. Xxxxxx Name: D. Xxxxx Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANKManaging Director EXHIBIT A AMENDED LOAN AGREEMENT (REDLINE) [Attached] EXHIBIT B to First Amendment to Term Loan Agreement EXECUTION VERSION Published CUSIP Number: 00000XXX0 TERM LOAN AGREEMENT Dated as of July 28, 2017 among STAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., as the Borrower, STAG INDUSTRIAL, INC., as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKFGuarantor, NA dba BANK OF OKLAHOMAAMERICA, N.A., as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTthe Administrative Agent, CAPITAL ONE, NATIONAL ASSOCIATION, PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANKCo-Syndication Agents, and THE FINANCIAL INSTITUTIONS NOW OR HEREAFTER SIGNATORIES HERETO AND THEIR ASSIGNEES PURSUANT TO SECTION 11.06, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President Lenders XXXXXXX SACHS BANK USALYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatorythe Sole Bookrunner and Joint Lead Arranger and CAPITAL ONE, NATIONAL ASSOCIATION, PNC CAPITAL MARKETS LLC, ROYAL BANK OF CANADA and XXXXX FARGO SECURITIES, LLC, as Joint Lead Arrangers Loan No. TABLE OF CONTENTS Section Page Article I. Definitions and Accounting Terms 1

Appears in 1 contract

Samples: Term Loan Agreement (STAG Industrial, Inc.)

Borrower. LAREDO PETROLEUM, INC., a Delaware corporation BySigned by ResMed Pty Limited in accordance with section 127 of the Corporations Xxx 0000 (Cth) by: /s/ W. Xxxx Xxxxxx NameXxxxx /s/ Xxxxx Xxxxxxx Signature of director Signature of director/secretary Xxxxxx Xxxxx Xxxxx Xxxxxxx Name of director (print) Name of director/secretary (print) PARENT: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. RESMED INC. By: /s/ Xxxxx X. Xxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxx Xxxxxxxxx Title: Director BANKSSecretary OTHER LOAN PARTIES: XXXXX FARGO BANK, N.A., as a Bank RESMED CORP. By: /s/ Xxxxx X. Xxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxx Xxxxxxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank Secretary RESMED MOTOR TECHNOLOGIES INC. By: /s/ Xxxxx Xxxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxx Xxxxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank Secretary RESMED DIGITAL HEALTH INC. By: /s/ Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxx Xxxxxxxxx Title: Director UNION BANK, N.A., as a Bank Secretary ResMed Pty Limited and RedMed Inc. Second Amendment to Amended and Restated Credit Agreement Signature Page BRIGHTREE LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Chief Financial Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank BRIGHTREE HOME HEALTH & HOSPICE LLC By: /s/ Xxxxx Xxxxxx Xxxxx Name: Xxxxx Xxxxxx Xxxxx Title: Director Treasurer BRIGHTREE PATIENT COLLECTIONS LLC By: /s/ Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxxx Title: Vice President BANK OF SCOTLAND plcChief Financial Officer MATRIXCARE, as a Bank INC. By: /s/ Xxxxx X. Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIASecretary RECIPROCAL LABS CORPORATION By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary HEALTHCAREFIRST, INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary HEALTHCAREFIRST HOLDING COMPANY By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary ResMed Pty Limited and RedMed Inc. Second Amendment to Amended and Restated Credit Agreement Signature Page HCF HOLDCO COMPANY By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary RESMED SAAS HOLDINGS INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary RESMED OPERATIONS INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary ResMed Pty Limited and RedMed Inc. Second Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT AND LENDERS: MUFG UNION BANK, N.A., as a Bank Administrative Agent By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director CAPITAL ONEMUFG UNION BANK, N.A., as a Bank Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director ResMed Pty Limited and RedMed Inc. Second Amendment to Amended and Restated Credit Agreement [ ], [as a New Lender and] a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Tier II Attorney ResMed Pty Limited and RedMed Inc. The Hongkong and Shanghai Banking Corporation Limited, as Joint Lead Arranger, Syndication Agent and Lender. Executed for and on behalf of The Hongkong and Shanghai Banking Corporation Limited ABN 65 117 925 970 by its Attorney under Power of Attorney, in the presence of: /s/ Xxxxxx Xxxxxxxx Witness Signature XXXXXX XXXXXXXX Print Name /s/ Xxxx Xxxxx Attorney Signature XXXX XXXXX Print Name Lending Office: The Hongkong and Shanghai Banking Corporation Limited ABN 65 117 925 970 Xxxxx 00, Xxxxx 0, Xxxxxxxxxxxxx Xxxxxx Xxxxxx 000 Xxxxxxxxxx Xxxxxx, Xxxxxx XXX 0000 Attn: Xxxxxx Xxxxxxxx ResMed Pty Limited and RedMed Inc. Xxxxx Fargo Bank, N.A., as a Lender By: /s/ Xxxxxx X Xxxx Name: Xxxxxx X Xxxx Title: Managing Director ResMed Pty Limited and RedMed Inc. Signature Page PNC Bank, National Association, as a New Lender and a Lender By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Vice President ResMed Pty Limited and RedMed Inc. CITIBANK, N.A., as a Lender By: /s/ Hiro Ebihara Name: Hiro Ebihara Title: Authorized Signer ResMed Pty Limited and RedMed Inc. THE BANK OF NOVA SCOTIA, as a New Lender and a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Managing Director ResMed Pty Limited and RedMed Inc. JPMORGAN CHASE BANK N.A., as a New Lender By: /s/ Xxxxxxx X. Xxxxxx Xxxx Name: Xxxxxxx X. Xxxxxx Xxxx Title: Vice President COMPASS ResMed Pty Limited and RedMed Inc. Exhibit A Conformed Credit Agreement (see attached) Exhibit A to the Second Amendment Agreement SYNDICATED FACILITY AGREEMENT Dated as of April 17, 2018 and amended as of June 29, 2022 Among RESMED PTY LIMITED, as Borrower, RESMED INC., as Parent, MUFG UNION BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMAN.A., as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH Administrative Agent, Joint Lead Arranger and Sole Book Runner, WESTPAC BANKING AND TRUSTCORPORATION, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA Joint Lead Arranger and Syndication Agent, THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED, SYDNEY BRANCH, as Joint Lead Arranger and Syndication Agent, XXXXX FARGO BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USANATIONAL ASSOCIATION, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryDocumentation Agent, and The Other Lenders Party Hereto TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 1 1.01 Defined Terms 1 1.02 Interpretive Provisions 29 1.03 Accounting Terms 30 1.04 Rounding 30 1.05 Times of Day 31 1.06 Code of Banking Practice 31 1.07 Limited Condition Acquisitions 31 1.08 Rates 31 1.09 Divisions 31 ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS 32 2.01 Term Loans 32 2.02 Borrowings, Conversions and Continuations of Term Loans 32 2.03 Prepayments 33 2.04 Repayment of Loans 34 2.05 Interest 35 2.06 Fees 35 2.07 Computation of Interest and Fees; Retroactive Adjustments of Applicable Rate 36 2.08 Evidence of Debt 37 2.09 Payments Generally; Agent’s Clawback 37 2.10 Sharing of Payments 39 2.11 Replacement of Lenders 40 2.12 Benchmark Replacement Settings 40 2.13 Lender Swap Contracts 42 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY 42 3.01 Taxes 42 3.02 Illegality 46 3.03 Inability to Determine Rates 47 3.04 Increased Costs. 47 3.05 Compensation for Losses 49 3.06 Mitigation Obligations 49 3.07 Survival 49 ARTICLE IV CONDITIONS PRECEDENT TO CREDIT EXTENSIONS 50 4.01 Conditions of Initial Credit Extension 50 4.02 Conditions to all Credit Extensions 51 ARTICLE V REPRESENTATIONS AND WARRANTIES 52 5.01 Existence, Qualification and Power 52 5.02 Authorization; No Contravention 52 5.03 Governmental Authorization; Other Consents 53 5.04 Binding Effect 53 5.05 Financial Statements; No Material Adverse Effect 53 TABLE OF CONTENTS (continued) Page 5.06 Litigation 54 5.07 No Default 54 5.08 Ownership of Property; Liens 54 5.09 Environmental Compliance 54 5.10 Insurance 54 5.11 Taxes 54 5.12 ERISA Compliance 55 5.13 Subsidiaries 55 5.14 Margin Regulations; Investment Company Act. 56 5.15 Disclosure 56 5.16 Compliance with Laws 56 5.17 Intentionally Omitted. 56 5.18 Intellectual Property; Licenses, Etc. 56 5.19 Intentionally Omitted 57 5.20 Solvency 57 5.21 OFAC 57 5.22 Anti-Corruption 57 5.23 Related Party Benefit and Financial Assistance 57 ARTICLE VI AFFIRMATIVE COVENANTS 57 6.01 Financial Statements 58 6.02 Certificates; Other Information 58 6.03 Notices 60 6.04 Payment of Obligations 60 6.05 Preservation of Existence, Etc. 61 6.06 Maintenance of Properties 61 6.07 Maintenance of Insurance 61 6.08 Compliance with Laws 61 6.09 Books and Records 61 6.10 Inspection Rights 61 6.11 Use of Proceeds 62 6.12 Financial Covenant 62 6.13 Additional Guarantors 62 6.14 Most Favored Lender 62

Appears in 1 contract

Samples: Syndicated Facility Agreement (Resmed Inc)

Borrower. LAREDO PETROLEUMMLLER ENERGY RESOURCES, INC., . a Delaware Tennessee corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxx Title: Director BANKSChief Executive Officer GUARANTORS XXXXXX DRILLING, TN LLC By: XXXXX FARGO BANKXXXXXX ENERGY RESOURCES, N.A.INC., as a Bank its Sole Member By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxx Title: Director BANK OF AMERICAChief Executive Officer XXXXXX ENERGY SERVICES, N.A., as a Bank and as Predecessor Administrative Agent LLC By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANKXXXXXX ENERGY RESOURCES, N.A.INC., as a Bank its Sole Manager By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxx Title: Authorized Chief Executive Officer SOCIETE GENERALEXXXXXX ENERGY GP, as a Bank LLC By: XXXXXX ENERGY RESOURCES, INC., its Sole Manager By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director UNION BANKChief Executive Officer XXXXXX RIG & EQUIPMENT, N.A.LLC By: XXXXXX ENERGY RESOURCES, as a Bank INC., its Sole Manager By: /s/ Xxxx Xxxxxxxxx Xxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx Xxxxx X. Xxxxxx Title: Investment Banking Chief Executive Officer BMO COOK INLET ENERGY, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Manager and Chief Executive Officer EAST TENNESSEE CONSULTANTS, INC. By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: President EAST TENNESSEE CONSULTANTS II, L.L.C. By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Manager ANNEX A AMENDED LOAN AGREEMENT LOAN AGREEMENT by and among XXXXXX FINANCINGENERGY RESOURCES, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBASBorrower, THE FINANCIAL INSTITUTIONS NAMED HEREIN as the Lenders, and APOLLO INVESTMENT CORPORATION, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK Arranger and Administrative Agent, Dated as of June 29, 2012 TABLE OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryCONTENTS

Appears in 1 contract

Samples: Loan Agreement (Miller Energy Resources, Inc.)

Borrower. LAREDO PETROLEUMENABLE MIDSTREAM PARTNERS, INC.LP, a Delaware corporation as the Borrower By: Enable GP, LLC, its General Partner By: /s/ W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Name: W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Title: Senior Vice President, Chief Financial Operating Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKCITIBANK, N.A., as Agent By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP BOKF, NA dba BANK OF OKLAHOMA By: /s/ Xxxxx X. Xxxxx Xxxxxxxxxxxxxx Name: Xxxxx X. Xxxxx Xxxxxxxxxxxxxx Title: Director BANKSSenior Vice President LENDERS: XXXXX FARGO BANKCITIBANK, N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory Compass Bank By: /s/ Xxxxx Xxxxxx X. Xxxxx Name: Xxxxx Xxxxxx X. Xxxxx Title: Director Executive Vice President DEUTSCHE BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent AG NEW YORK BRANCH By: /s/ Xxxxxxxxxxx Xxxxx Xxxx X. Xxx Name: Xxxxxxxxxxx Xxxxx Xxxx X. Xxx Title: Vice President By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President XXXXXXX XXXXX BANK USA By: /s/ Xxxxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx Title: Authorized Signatory Industrial and Commercial Bank of China Limited, New York Branch By: /s/ Xx. Xxxx Xxxx Name: Xx. Xxxx Xxxx Title: Deputy General Manager JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx X Xxxxx Name: Xxxxx Xxxxxxx X Xxxxx Title: Authorized Officer SOCIETE GENERALESenior Vice President MIZUHO BANK (USA) By: /s/ Xxxx Mo Name: Xxxx Mo Title: Senior Vice President PNC BANK, as a Bank NATIONAL ASSOCIATION By: /s/ Xxxx Xxxxx Xxxx Xxxxx Vice President ROYAL BANK OF CANADA By: /s/ Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Authorized Signatory SunTrust Bank By: /s/ Xxxxxx Xxxxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxxx Xxxxxxx Title: Director BNP PARIBAS, as a The Bank of New York Mellon By: /s/ Xxxxx Xxxxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxxx Title: Vice President THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Vice President THE ROYAL BANK OF SCOTLAND FINANCE (IRELAND) By: /s/ Xxx X’Xxxxxxx Name: Xxx X’Xxxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxx Title: Director U S. BANK NATIONAL ASSOCIATION, as a lender By: /s/ Xxxxx X’Xxxxxxxxxxx Name: Xxxxx X’Xxxxxxxxxxx Title: Vice President BANK OF SCOTLAND plcXxxxx Fargo Bank, as a Bank N.A. By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxxx Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS WOODFOREST NATIONAL BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Xxxxxxx X. Xxxxxxxx Name: Xxxx Xxxxxx Xxxxxxx X. Xxxxxxxx Title: Authorized SignatorySenior Vice President

Appears in 1 contract

Samples: Term Loan Agreement (Enable Midstream Partners, LP)

Borrower. LAREDO PETROLEUMEXCO PARTNERS OPERATING PARTNERSHIP, INC.LP By: EXCO Partners OLP GP, a Delaware corporation LLC its sole general partner By: /s/ W. Xxxx J. Xxxxxxx Xxxxxx Name: W. Xxxx Xxxxxx J. Xxxxxxx Xxxxxx, Ph.D. Title: Senior Vice President, President and Chief Financial Officer and Secretary Address for NoticeNotices: Laredo PetroleumEXCO Partners Operating Partnership 00000 Xxxxx Xxxxx, Inc. 00 X. 0xx Xxxxx 0000 Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: Facsimile No. 000-000-0000 TelecopyAttn: 000-000-0000 EmailXxxxxxx X. Xxxxxx Chief Executive Officer and Attn: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTJ. Xxxxxxx Xxxxxx Chief Financial Officer GUARANTORS: XXXXX FARGO XXXXXXXX GATHERING, LLC XXXXXXX DE, LLC XXXXXXX HOLDING COMPANY, LLC XXXXXX GATHERING, LLC By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer for each of the Credit Parties listed above TALCO MIDSTREAM ASSETS, LTD. By: XXXXXXX HOLDING COMPANY, LLC. its General Partner By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer TGG PIPELINE, LTD. By: XXXXXXX HOLDING COMPANY, LLC, its General Partner By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer WINCHESTER PRODUCTION COMPANY, LTD., a Texas limited partnership By: XXXXXXX HOLDING COMPANY, LLC, its General Partner By: /s/ J. Xxxxxxx Xxxxxx Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer JPMORGAN CHASE BANK, N.A. N.A., as a Lender and as Administrative Agent, By: /s/ Wm. Xxxx Xxxxxxx Name: Wm. Xxxx Xxxxxxx Title: Senior Vice President UBS LOAN FINANCE LLC as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Associate Director BANKS: XXXXX FARGO BANKBanking Products Services, N.A., as a Bank US By: /s/ Xxxxx Xxxx X. Xxxxx Name: Xxxxx Xxxx X. Xxxxx Title: Associate Director BANK OF AMERICABanking Products Services, N.A., US TORONTO DOMINION (TEXAS) LLC as a Bank and as Predecessor Administrative Agent Lender By: /s/ Xxxxxxxxxxx Xxx Xxxxxx Name: Xxx Xxxxxx Title: Authorized Signatory CREDIT SUISSE, CAYMAN ISLANDS BRANCH as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxxx Xxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxxx Xxxxx Title: Vice President Associate XXXXXX BROTHERS COMMERCIAL BANK OF SCOTLAND plc, as a Bank Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Credit Officer BNP PARIBAS as a Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxx Name: Xxxxx X. Xxxxxxxx Xxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Borrower. LAREDO PETROLEUMDENBURY ONSHORE, INC.LLC, a Delaware corporation limited liability company By: /s/ W. Xxxx Pxxx Xxxxxxx Pxxx Xxxxxxx, Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: JPMORGAN CHASE BANK, N.A., as Administrative Agent By: /s/ J. Sxxxx Xxxxxx Name: W. Xxxx J. Sxxxx Xxxxxx Title: Vice President SUPPLEMENTAL BANKS: JPMORGAN CHASE BANK, N.A. By: /s/ J. Sxxxx Xxxxxx Name: Title: J. Sxxxx Xxxxxx Vice President SUPPLEMENTAL BANKS: FORTIS CAPITAL CORP. By: /s/ Dxxxx Xxxxxxxxxx Name: Title: Dxxxx Xxxxxxxxxx Senior Vice President, Chief Financial Officer and Secretary Address for NoticePresident By: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn/s/ Dxxxxxx Xxxxxx Name: Xxxxx Dxxxxxx Xxxxxx Title: Managing Director SUPPLEMENTAL BANKS: CALYON NEW YORK BRANCH By: signature illegible Name: signature illegible Title: signature illegible By: /s/ Mxxxxxx Xxxxxx Name: Title: Mxxxxxx Xxxxxx Vice President SUPPLEMENTAL BANKS: COMERICA BANK By: /s/ Pxxxx X. Xxxxxx TelephoneName: 000-000-0000 TelecopyTitle: 000-000-0000 EmailPxxxx X. Xxxxxx Vice President SUPPLEMENTAL BANKS: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTUNION BANK OF CALIFORNIA, N.A. By: XXXXX /s/ Axxxxxx Xxxxx Name: Title: Axxxxxx Xxxxx Investment Banking Officer By: /s/ Kxxxxxxx Coil Name: Title: Kxxxxxxx Coil Vice President SUPPLEMENTAL BANKS: WXXXX FARGO BANK, N.A. By: /s/ Xxxxx Rxxx X. Xxxxxxxx Name: Title: Rxxx X. Xxxxxxxx Vice President SUPPLEMENTAL BANKS: BANK OF AMERICA, N.A. By: /s/ Sxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director Sxxxx Xxxxx Vice President SUPPLEMENTAL BANKS: XXXXX FARGO BANK, N.A., as a Bank BANK OF SCOTLAND By: /s/ Xxxxx X. Kxxxx Xxxxx Name: Xxxxx X. Xxxxx Title: Director Kxxxx Xxxxx Assistant Vice President SUPPLEMENTAL BANKS: COMPASS BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Dxxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Dxxxxxx Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTSCHEDULE 1 Commitments Total Banks Commitment Amount Commitment Percentage JPMorgan Chase Bank, as a N.A. $ 18,000,000.00 12.00 % Fortis Capital Corp. $ 18,000,000.00 12.00 % Calyon New York Branch $ 18,000,000.00 12.00 % Comerica Bank By$ 18,000,000.00 12.00 % Union Bank of California, N.A. $ 18,000,000.00 12.00 % Wxxxx Fargo Bank, N.A. $ 15,000,000.00 10.00 % Bank of America, N.A. $ 15,000,000.00 10.00 % Bank of Scotland $ 15,000,000.00 10.00 % Compass Bank $ 15,000,000.00 10.00 % Totals: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory$ 150,000,000.00 100.00 %

Appears in 1 contract

Samples: Denbury Resources Inc

Borrower. LAREDO PETROLEUMSTAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: STAG Industrial GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Authorized Officer PARENT: STAG INDUSTRIAL, INC., a Delaware Maryland corporation By: /s/ W. Xxxx Xxxxxxxx X. Xxxxxx Name: W. Xxxx Xxxxxxxx X. Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: Treasurer STAG 2014 Credit Agreement XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION, as the Administrative Agent, a Lender, an L/C Issuer, and the Swing Line Lender By: /s/ D. Xxxxx X. Xxxxx Xxxxxxx Name: D. Xxxxx X. Xxxxx Xxxxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director STAG 2014 Credit Agreement BANK OF AMERICA, N.A., as the Syndication Agent, a Bank Lender, and as Predecessor Administrative Agent an L/C Issuer By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Title: Vice President JPMORGAN CHASE BANKSTAG 2014 Credit Agreement CAPITAL ONE, N.A.NATIONAL ASSOCIATION, as a Bank co-Documentation Agent and a Lender By: /s/ Xxxxx Xxxxxxxxx X. Xxxxxxx Name: Xxxxx Xxxxxxxxx X. Xxxxxxx Title: Authorized Officer SOCIETE GENERALESenior Vice President STAG 2014 Credit Agreement REGIONS BANK, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as co-Documentation Agent and a Bank Lender By: /s/ Xxxx Xxxxxxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC.Vice President STAG 2014 Credit Agreement ROYAL BANK OF CANADA, as a Bank co-Documentation Agent and a Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBASAuthorized Signatory CITIBANK, N.A., as a Bank Lender By: /s/ Xxxxx Xxxxxx Xxxx X. Xxxxxxx Name: Xxxxx Xxxxxx Xxxx X. Xxxxxxx Title: Director Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: Vice President TD BANK, N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plcXXXXXXX XXXXX BANK, N.A., as a Bank Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING SCHEDULE 2.01 COMMITMENTS AND TRUSTAPPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Xxxxx Fargo Bank, National Association $ 48,000,000 16 % Bank of America, N.A. 48,000,000 16 % Capital One, National Association 33,000,000 11 % Regions Bank 33,000,000 11 % Royal Bank of Canada 33,000,000 11 % CitiBank, N.A. 30,000,000 10 % PNC Bank, National Association 30,000,000 10 % TD Bank, N.A. 30,000,000 10 % Xxxxxxx Xxxxx Bank, N.A. 15,000,000 5 % Total $ 300,000,000.00 100 % SCHEDULE 2.03 EXISTING L/CS Irrevocable Standby Letter of Credit No. 68100542, dated as a of December 20, 2013 and effective as of January 1, 2014, issued by Bank By: /s/ of America, N.A. in the amount of $250,000 for the account of STAG Industrial, Inc. SCHEDULE 4.01 INITIAL UNENCUMBERED PROPERTIES STAG III Albion, LLC 0000 Xxxxx Xxxx; 000 Xxxxx Xxxx; 000 Xxxxx 0xx Xxxxxx; 0000 Xxxxxxxx Xxxxx; 1515, 1545 and 0000 Xxxx Xxxxx Xxxx 0; Xxxxxx XX 00000 000 Xxxxxxxx Xxxxx Xxxxxxxxxxxx XX 00000 STAG IV Alexandria, LLC 0000 Xxxxxx Xxxx 00 XX Xxxxxx MN 56308 STAG Allentown, LLC 0000 Xxxxxxx Xxxxx Allentown PA 18106 STAG III Appleton, LLC 0000 Xxxxx Xxxxxx Xxxxxx Appleton WI 54911 STAG III Arlington L.P. 0000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 XXXX Xxxxxxxxx 0, X.X. 000 X. Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx XX 00000 STAG Atlanta, LLC 0000 Xxxxxxx Xxxxxxxxxx Xxxxxxx Xxxxxxx XX 00000 STAG Avon, LLC 00 Xxxxxxxx Xxxxx Xxxx XX 00000 STAG IV Belfast, LLC 00 Xxxxxxxx Xxxxx Xxxxxxx XX 00000 STAG Belvidere I, LLC 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere II, LLC 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere III, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere IV, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere V, LLC 0000 Xxxxxxx Xxxxx and 0000 Xxxxxxx Xxxxx Belvidere IL 61008 STAG Belvidere VI, LLC 725 & 000 Xxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere VII, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Belvidere VIII, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG III Boardman, LLC 000 XxXxxxx Xx. and 0000 Xxxxxxxx Xxxx. Xxxxxxxx OH 44512 STAG Buena Vista, LLC 0000 Xxxxx Xxxxxx Xxxxxx Xxxxx Xxxxx XX 00000 STAG Buffalo, LLC 0000-00 Xxxxxxx Xxxxxx Buffalo NY 14206 STAG Calhoun, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx XX 00000 STAG Camarillo 1, LP 0000 Xxxx Xxxxxxx Xxxx Xxxx Xxxxxxxxx XX 00000 XXXX Xxxxxxxxx 0, XX 0000 Xxxx Xxxxxxx Xxxx Xxxx Xxxxxxxxx XX 00000 STAG III Canton, LLC 000 Xxxxxxxx Xxxxxx Xxxxxx XX 00000 STAG Catoosa, LLC 0000 Xxxxx Xxxxx Xxxx Xxxxxxx XX 00000 STAG Charlotte 3, LLC 0000 Xxxxx X-00 Xxxxxxx Xxxx Xxxxxxxxx XX 00000 STAG Charlotte 4, LLC 0000 Xxxxx Xxxx Charlotte NC 28208 STAG IV Cheektowaga, LLC 00-00 Xxxxxxxxxx Xxxxxxx Xxxxxxxxxxx XX 00000 STAG III Chesterfield, LLC 50271, 50371, 50501 and 00000 X. Xxxxxxx Xxxxxxx Chesterfield MI 48051 STAG Chester, LLC 0000 Xxxx Xxxxxx Name: Spring Road Chester VA 23836 STAG Chicopee, LLC 0000 Xxxxxxxx Xxxx Chicopee MA 01022 STAG Chippewa Falls, LLC 000 Xxxxx Xxxx and 0000 Xxxxxxx Xxxx Xxxxxxxx Xxxxx XX 00000 STAG III Cincinnati, LLC 0000 Xxxxxxxx Xxxxxxx Xxxx Xxxxxxxxxx XX 00000 STAG Columbus, LLC 0000-0000 Xxxxxxxx Xxxx Xxxxx Xxxxxxxx XX 00000 STAG Columbia, LLC 000 XxXxxxx Xxxxxx Xxxxxxxx XX 00000 STAG Conyers 1, LLC 0000 Xxxxxxxx Xxxxxxx Xxxxxxx XX 00000 STAG Dallas, LLC 000 Xxxxxx X. Xxxxxx Drive Dallas GA 30132 STAG IV Danville, LLC 0000 Xxxxxxxxx Xxxxx xxx XxXxxxxx XX 00000 0000 Xxxxxxx Xxxx Xxxxxxxx XX 00000 STAG III Daytona Beach, LLC 000 Xxxxxxxx Xxxxxxxxx Daytona Beach FL 32114 STAG III Dayton, LLC 0000 Xxxxxxxx Xxxx Xxxxxx Title: Senior Vice President COMERICA BANKXX 00000 STAG DeKalb, as a Bank By: /s/ LLC 0000 Xxxxx Xxxx XxXxxx XX 00000 STAG De Pere, LLC 0000 Xxxxxxxx Xxxxxxxxx Xx Xxxx XX 00000 STAG Duncan, LLC 000 Xxxxxx Xxxxx Xxxxxx and 000 Xxxxxx Xxxxx Xxxxxx Xxxxxx SC 29334 STAG Edgefield, LLC Xxx Xxxxxxx Xxxxx Edgefield SC 29824 STAG Elizabethtown, LLC 11 and 00 Xxxxxxxxxx Xxxx Xxxxxxxxxxxxx XX 00000 STAG III Elkhart, LLC 53105 Marina Drive and 00000 Xxxxxx Xxxx 0 Xxxxxxx XX 00000 STAG El Paso 1, LP 0000 Xxxxxxxxxxxx Xxxxx Xx Xxxx XX 00000 STAG El Paso 2, LP 0000 X. Xxxxxx Xxxx. Xx Xxxx XX 00000 STAG El Paso 3, LP 0000 Xxxxxxxxxxxx Xx Xxxx XX 00000 STAG El Paso 4, LP 0000 Xxxxxxxxxxxx Xxxxx Xx Xxxx XX 00000 STAG El Paso, LP 00 Xxxxxxxxxxx Xxxxxx El Paso TX 79906 STAG East Xxxx, LLC 0000 Xxxxx Xxxxx Xxxx Xxxx WI 53120 STAG III Fairfield, LLC 0000 Xxxxx Xxx Xxxxxxx Fairfield VA 24435 STAG III Farmington, LLC 0000 Xxxxxxx Xxxx Farmington NY 14425 STAG Fort Xxxxx, LLC 0000 Xxxxxxxxxx Xxxxx Xxxx Xxxxx IN 46808 STAG Franklin, LLC 0000 Xxxxxxxx Xxxxxxx Xxxxxxxx XX 00000 STAG Xxxxxxx, XX 0000 X. Xxxxxxxx Road Garland TX 75041 STAG Germantown, LLC 00000 X. Xxxxx Xxxx Xxxxxxxxxx XX 00000 STAG Golden, LLC 00000 Xxxxx Xxxxxxxx Xxxxxxx Xxxxxx XX 00000 STAG Gurnee 2, LLC 0000 Xxxxxxxxxx Xxxxxx Xxxxxx XX 00000 STAG Gurnee, LLC 0000 Xxxxxxx Xxxxx Gurnee IL 60031 STAG Hampstead, LLC 000 Xxxxxxx Xxxx Xxxxxxxxx XX 00000 STAG Harrisonburg, LLC 0000 Xxxxx Xxxx Xxxxxxxxxxxx XX 00000 STAG Harvard, LLC 000 Xxxx Xxxxxxx Xxxxxx Harvard IL 60033 STAG Hebron, LLC 0000 Xxxxxxxxx Xxxxx Xxxxxx XX 00000 STAG III Holland 2, LLC 000 Xxxxxx Xxxxxx Holland MI 49423 STAG III Holland, LLC 000 Xxxx 00xx Xxxxxx Xxxxxxx XX 00000 XXXX Xxxxxxx 0, X.X. 0000 Xxxxxxxx Xxxx Xxxxxxx XX 00000 STAG Houston 3, LP 00000 Xxxxxxxxx Xxxxxxx Xxxxxxx XX 00000 STAG Huntersville, LLC 00000 Xxxxx Xxxxxxxxx Huntersville NC 28078 STAG Idaho Falls, LLC 0000 Xxxxx Xxxxxxxx Xxx Xxxxx Xxxxx XX 00000 STAG III Jackson LLC 0000 Xxxxxxxx Xxxxx and 0000 X-00 Xxxxx Xxxxxxx XX 00000 STAG Jackson, LLC 0000 Xxxx Xxxxx Xxxxxxx XX 00000 STAG Janesville, LLC 0000 Xxxxxxx Xxxxx Xxxxxxxxxx XX 00000 STAG Jefferson City, LLC 0000 Xxxx Xxx Xxxx Xxxxxxxxx Xxxx XX 00000 STAG III Jefferson, LLC 000 Xxxxxxxx Xxx Xxxxxxxxx XX 00000 STAG Kansas City 2, LLC 0000 Xxxxx Xxxxxxxx Xxxxxxxxxx Xxxxxx Xxxx XX 00000 STAG Kentwood, LLC 0000 Xxxx Xxxxx Xxxxxx Xxxxxxxx XX 00000 STAG Lansing 2, LLC 0000 Xxxxxxx Xxxx Lansing MI 48917 STAG Lansing 4, LLC 0000 Xxxxx Xxxxx Xxxx Xxxxxxx XX 00000 STAG Lenexa, LLC 00000 Xxxxxxxx Xxxxx Lenexa KS 66215 STAG III Lewiston, LLC 00 Xxxxxxxx Xxx Lewiston ME 04240 STAG IV Lexington, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Londonderry, LLC 29 Jack’s Xxxxxx Xxxx/Xxxxx Xx Londonderry NH 03053 STAG Longmont, LLC 0000 Xxx Xxxxx Xxxxxxx Xxxxxxxx XX 00000 STAG III Malden, LLC 219 and 000 Xxxxxxx Xxxxxx Xxxxxx XX 00000 STAG Marion 2, LLC 0000 Xxxxx Xxxxxxx Xxxxx Xxxxxx XX 00000 STAG Marshall, LLC 0000 Xxxxxx Xxxxx Drive Xxxxxxxx MI 49068 STAG Mascot, LLC 0000 Xxxxxxx Xxxx Drive Mascot TN 37806 STAG III Mason, LLC 000 Xxxxxxxxxxxx Xxx Xxxxx XX 00000 STAG Mason 3, LLC 0000 Xxxxxxxxxx Xxx Xxxxx XX 00000 STAG III Mayville, LLC 000 Xxxxxx Xxxxxx Xxxxxxxx XX 00000 XXXX Xxxxxx 0, LLC 0000 Xxxxxxx Xxxxxx Xxxxxx XX 00000 XXXX Xxxxxx 0, LLC 0000 Xxxxxxx Xxxxxx Xxxxxx XX 00000 XXXX Xxxxxx 0, LLC 0000 X. Xxxxxxxxxx Street Mebane NC 27302 STAG Mechanicsburg 1, LLC 0000 Xxxxxxxxx Xxxx. Mechanicsburg PA 17050 STAG Mechanicsburg 2, LLC 0 Xxxxxxxx Xxxx New Kingston PA 17072 STAG Mechanicsburg 3, LLC 000 Xxxxx Xxxxxx Xxxx Xxxxxxxxxxxxx XX 00000 STAG III Milwaukee 2, LLC 0000 X. 00xx Xxxxxx Xxxxxxxxx XX 00000 STAG III Milwaukee, LLC 000 Xxxx Xxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Mishawaka, LLC 000 Xxxxx Xxxxxx Xxxxxx Mishawaka IN 46544 STAG Montgomery, LLC 0000 Xxxxxxxx Xxxx Xxxxxxxxxx XX 00000 STAG Mountain Home, LLC 000 X. Xxxxxxx Name: Road Mountain Home NC 28792 STAG Mt. Prospect, LLC 000 X. Xxxxxxxx Xxxx Xx. Xxxxxxxx XX 00000 STAG Murfreesboro, LLC 000 Xxx Xxxxx Xxxx Xxxxxxxxxxxx XX 00000 STAG Nashua, LLC 00 Xxxxxxxxx Xxxxxxxxx Xxxxxx XX 00000 STAG Nashville, LLC 0000 Xxxxx Xxxx Nashville TN 37211 STAG III Newark, LLC 000 Xxxxxxxx Xxxxx and 000 Xxxxxxxx Xxxxx Xxxxxx XX 00000 STAG New Berlin 2, LLC 0000 X. Xxxxx Drive New Berlin WI 53151 STAG New Berlin, LLC 0000 X. Xxxxxxxx Xxxx Xxx Xxxxxx XX 00000 STAG New Hope, LLC 0000 Xxxxx Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA000 Xxx Xxxx XX 00000 STAG GI New Jersey, as a Bank By: /s/ LLC 000 Xxxxxxxx Xxxx xxx Xxxxxxxxx XX 00000 000 Xxxxxx Xxxxx Xxxxx Xxxxxxxxxx XX 00000 STAG IV Newton, LLC 0000 Xxxxxxxx Xxxxx Xxxxxx XX 00000 STAG North Xxxxxxx 2, LLC 000 Xxxxx Xxxxxx Xxxx North Xxxxxxx OH 44451 STAG Ocala, LLC 000 Xxxxxxxxx 00xx Xxxxxx Xxxxx XX 00000 STAG Orangeburg, LLC 0000 Xx. Xxxxxxxx Xxxx Orangeburg SC 29118 STAG Orlando 2, LLC 0000 Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx XX 00000 STAG Orlando, LLC 0000 Xxxxxxxx Xxxx Xxxxxxx XX 00000 STAG III Pensacola, LLC 0000 Xxxxx Xxxxxxx Xxxxxx and 0000 Xxxx Xxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG Pineville, LLC 00000 Xxxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 XXXX XX Xxxxxxxxxx 0, LLC 000 Xxxxxxxx Xxxxx Xxxxxxxxxx XX 00000 STAG III Pocatello, LLC 000 Xxxxx Xxxx Xxxxxx Name: Xxxxxxxxx XX 00000 STAG Portage, LLC 000 Xxxxxx Xxxxxx Drive Portage IN 46368 STAG Portland 2, LLC 0000 Xxxxx Xxxxx Portland TN 37148 STAG III Rapid City, LLC 0000 Xxxxxxx Xxxxx Xxxxx Xxxx XX 00000 STAG Reading, LLC 000-000 Xxxxxxxxx Xxxx Xxxxxxxxxx Xxxxxxxx XX 00000 STAG Reno, LLC 0000 Xxxx Xxxx. Reno NV 89506 STAG Xxxxxx 2, LLC 0000 Xxxx Xxxxxx TitleXxxxxx XX 00000 STAG III Round Rock L.P. 0000 X. Xxxx Street Round Rock TX 78664 STAG IV Rural Hall, LLC 000 Xxxxx Xxxxxxx Xxxxx Xxxx XX 00000 STAG Sauk Village, LLC 00000 Xxxxxxxx Xxxxxx Sauk Village IL 60411 STAG Savage, LLC 00000 Xxxxxxxxxx Xxxxxx Xxxxxx XX 00000 STAG Savannah, LLC 0000 Xxxxxx Xxxxxxx Xxxxxxxx XX 00000 STAG III Sergeant Bluff, LLC 000 Xxxxxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx XX 00000 STAG IV Seville, LLC 5160 & 0000 Xxxxxxxxx Xxxx Xxxxxxx XX 00000 STAG Xxxxxxx, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx XX 00000 STAG South Holland, LLC 00000 Xxxxx Xxxxxxxxx Xxxx Xxxxx Xxxxxxx XX 00000 STAG Simpsonville, LLC 000 Xxxxxxxx Xxxxxx Road and 000 Xxxxxxxx Xxxxxx Road Simpsonville SC 29681 STAG Smithfield, LLC 0000 XX Xxxxxxx 00 Xxxx Xxxxxxxxxx XX 00000 STAG Smyrna, LLC 0000 Xxxxxxxxx Xxxxxxx Xxxxxx XX 00000 STAG South Bend, LLC 0000 Xxxxxxx Xxxxxxxxxx Court South Bend IN 46628 STAG Southfield 2, LLC 00000 Xxxxxxxxxxxx Xxxxxxx Xxxxxxxxxx XX 00000 STAG III Sparks, LLC 00 Xxxxxxx Xxxxxx Xxxxxx XX 00000 STAG Spartanburg, LLC 000-000 Xxxxxxxx Xxxxxx Xxxxxxxxxxx XX 00000 STAG Springfield, LLC 0000 Xxxxx Xxxx Springfield OH 45502 STAG Statham, LLC 0000 Xxxxxxx Xxxxx Xxxxxxx XX 00000 STAG III St. Louis, LLC 8950 & 0000 Xxxxxxxx Xxxx Hazlewood MO 63042 STAG Strongsville, LLC 00000 Xxxxxx Xxxxxxx Strongsville OH 44149 STAG IV Sun Prairie, LLC 0000 Xxxxxxxx Xxxxx Xxx Xxxxxxx XX 00000 STAG Toledo, LLC 0000 Xxxxx Xxxxxx Toledo OH 43611 STAG III Twinsburg, LLC 0000 Xxxxxxx Xxxx Xxxxxxxxx XX 00000 STAG IV Waco, L.P. 000 Xxxxx Xxxx Xxxx XX 00000 STAG West Xxxxxxx, LLC 0000 Xxxxxxxxxx Xxxx Hamilton OH 45011 STAG Williamsport, LLC 0000 Xxxxx Xxxxx Xxxxxxxxxxxx XX 00000 STAG Winston-Salem, LLC 0000 Xxxxxxxxx Xxxxx Xxxxxxx-Xxxxx XX 00000 STAG Woodstock, LLC 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxx XX 00000 STAG III Youngstown LLC 000 Xxxxxxx Xxxxxxxxx Xxxx Bardstown KY 40004 SCHEDULE 6.06 LITIGATION None. SCHEDULE 6.09 ENVIRONMENTAL MATTERS None. SCHEDULE 6.13 SUBSIDIARIES, OTHER EQUITY INTERESTS AND SUBSIDIARY GUARANTORS Part (a). All Subsidiaries of the Parent and the Borrower. Parent: Authorized SignatoryDirect Subsidiaries (percentages reflect the Parent ownership interest): STAG Industrial GP, LLC (100%) Borrower (96.36 % of the limited partnership interests as of 12/18/14) Indirect Subsidiaries: All held through Borrower Borrower: Direct Subsidiaries (100% ownership by the Borrower unless noted otherwise):

Appears in 1 contract

Samples: Credit Agreement (STAG Industrial, Inc.)

Borrower. LAREDO PETROLEUMQEP RESOURCES, INC., a Delaware corporation (successor by merger to Questar Market Resources, Inc., a Utah corporation) By: /s/ W. Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Assistant Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A., as L/C Issuer and a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT BMO CAPITAL MARKETS FINANCING, INC., as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Managing Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT SUNTRUST BANK, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxxx Name: W. Xxxx X. Xxxxxx Title: Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT XXXXX FARGO BANK, NA, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT EXPORT DEVELOPMENT CANADA, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Financing Manager By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT COMPASS BANK, as a Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Senior Vice PresidentPresident SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT TORONTO DOMINION (TEXAS) LLC, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANKAuthorized Signatory SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT THE BANK OF TOKYO-MITSUBISHI UFJ, N.A.LTD, as a Bank Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT BARCLAYS BANK PLC, as a Lender By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Assistant Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT SOCIETE GENERALE, as a Lender By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT XXXXXXX SACHS BANK USA, as a Bank Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatorySignatory SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT UBS AG STAMFORD BRANCH, as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director By: /s/ Xxxxx Xxxxxx-Xxxxxx Name: Xxxxx Xxxxxx-Xxxxxx Title: Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT XXXXX XXX COMMERCIAL BAK LTD., as a Lender By: /s/ Xxxx X.X. Xxxx Name: Xxxx X.X. Xxxx Title: V.P. & General Manager SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ Alain Daomst Name: Alain Daomst Title: Director By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Director SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT SCHEDULE 2.01 COMMITMENTS AND PRO RATA SHARES QEP Resources, Inc. Credit Agreement Lender Commitment Pro Rata Share Bank of America, N.A. $ 80,000,000.00 8.000000000 % BMO Capital Markets Financing, Inc. $ 75,000,000.00 7.500000000 % Deutsche Bank Trust Company Americas $ 75,000,000.00 7.500000000 % JPMorgan Chase Bank, N.A. $ 75,000,000.00 7.500000000 % SunTrust Bank $ 75,000,000.00 7.500000000 % U.S. Bank National Association $ 75,000,000.00 7.500000000 % Xxxxx Fargo Bank, NA $ 75,000,000.00 7.500000000 % Export Development Canada $ 70,000,000.00 7.000000000 % Compass Bank $ 60,000,000.00 6.000000000 % Toronto Dominion (Texas) LLC $ 60,000,000.00 6.000000000 % The Bank of Tokyo-Mitsubishi UFJ, Ltd. $ 60,000,000.00 6.000000000 % The Royal Bank of Scotland plc $ 60,000,000.00 6.000000000 % Barclays Bank PLC $ 40,000,000.00 4.000000000 % Societe Generale $ 40,000,000.00 4.000000000 % Xxxxxxx Sachs Bank USA $ 30,000,000.00 3.000000000 % UBS AG Stamford Branch $ 30,000,000.00 3.000000000 % Xxxxx XXX Commercial Bank Ltd. $ 10,000,000.00 1.000000000 % Credit Suisse AG, Cayman Islands Branch $ 10,000,000.00 1.000000000 %

Appears in 1 contract

Samples: Credit Agreement (Qep Resources, Inc.)

Borrower. LAREDO PETROLEUMENABLE MIDSTREAM PARTNERS, INC.LP, a Delaware corporation as the Borrower By: Enable GP, LLC, its General Partner By: /s/ W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Name: W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Title: Senior Vice President, Chief Financial Operating Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKCITIBANK, N.A., as Agent By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A. By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP Barclays Bank PLC By: /s/ Xxx Xxxxx Name: Xxxxx X. Xxx Xxxxx Title: Director BANKSAssistant Vice President BOKF, NA dba BANK OF OKLAHOMA By: XXXXX FARGO BANK/s/ Xxxxx Xxxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxxx Title: Senior Vice President LENDERS: CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory Compass Bank By: /s/ Xxxxx Xxxxxx X. Xxxxx Name: Xxxxx Xxxxxx X. Xxxxx Title: Director BANK OF AMERICAExecutive Vice President CREDIT SUISSE AG, N.A., as a Bank and as Predecessor Administrative Agent CAYMAN ISLANDS BRANCH By: /s/ Xxxxxxxxxxx Xxxxx Xxx Name: Xxxxxxxxxxx Xxxxx Xxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President XXXXXXX XXXXX BANK USA By: /s/ Xxxxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx Title: Authorized Signatory JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx X Xxxxx Name: Xxxxx Xxxxxxx X Xxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Senior Vice President MIZUHO BANK, N.A., as a Bank LTD. By: /s/ Xxxx Xxxxxxxxx Mo Name: Xxxx Xxxxxxxxx Mo Title: Investment Banking Officer BMO Authorized Signatory XXXXXX FINANCINGXXXXXXX BANK, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank N.A. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEAuthorized Signatory PNC BANK, N.A., as a NATIONAL BANK By: /s/ Xxxx Xxxxx Xxxx Xxxxx Vice President ROYAL BANK OF CANADA By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SunTrust Bank By: /s/ Xxxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxxx Title: Director The Bank of New York Mellon By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President COMPASS BANKTHE BANK OF TOKYO-MITSUBISHI UFJ, as a Bank LTD. By: /s/ Xxx Xxx Xxxxxxx Xxxx Xxxxxxxxxx Name: Xxx Xxx Xxxxxxx Xxxx Xxxxxxxxxx Title: Vice President BOKF, NA dba THE ROYAL BANK OF OKLAHOMA, as a Bank SCOTLAND PLC By: /s/ Xxx X. Xxxxxxxxx Xxxxx Xxxxxxxx Name: Xxx X. Xxxxxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank UBS Loan Finance LLC By: /s/ Xxxx Xxxxxx Xxxxx Name: Xxxx Xxxxxx Xxxxx Title: Senior Vice President COMERICA BANKDirector By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Associate Director U.S. BANK NATIONAL ASSOCIATION, as a Bank lender By: /s/ Xxxx X. Xxxxx X’Xxxxxxxxxxx Name: Xxxxx X’Xxxxxxxxxxx Title: Vice President Xxxxx Fargo Bank, N.A. By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxx X. Xxxxxxxx Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Revolving Credit Agreement (Enable Midstream Partners, LP)

Borrower. LAREDO PETROLEUMBJ’S RESTAURANTS, INC., a Delaware California corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx Xxxxxxx X. Xxxxx Name: Xxxxx Xxxxxxx X. Xxxxx Title: Director BANKSExecutive Vice President and Secretary GUARANTORS: XXXXX FARGO BANKBJ’S RESTAURANT OPERATIONS COMPANY OF KANSAS, LLC, a Kansas limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer RENO BREWERY HOLDING, INC., a Nevada corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer and President CHICAGO PIZZA NORTHWEST, INC., a Washington corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President and Secretary BJ’S RESTAURANT OPERATIONS COMPANY, a California corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer CHICAGO PIZZA MANAGEMENT, LLC, a Nevada limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Manager CHICAGO PIZZA HOSPITALITY HOLDING, INC., a Texas corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer and Treasurer CHICAGO PIZZA RESTAURANT HOLDING, INC., a Nevada corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer, President, and Secretary CHICAGO AMERICA HOLDING, LLC, a Nevada limited liability company By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Manager CHICAGO PIZZA & BREWERY, L.P., a Texas limited partnership By: Chicago Pizza Management, LLC, a Nevada limited liability company, its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer, President, and Secretary BJROC MARYLAND, LLC, a California limited liability company By: BJ’s Restaurant Operations Company, a California corporation, its manager By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as a Bank Administrative Agent By: /s/ Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Title: Director Vice President LENDER & LC ISSUERS: BANK OF AMERICA, N.A., as a Bank Lender and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank an L/C Issuer By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Senior Vice President LENDER & LC ISSUERS: JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank Lender and an L/C Issuer By: /s/ Xxxx X. Xxxxxxx Xxxxx Name: Xxxx X. Xxxxxxx Xxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USAExecutive Director SCHEDULE 2.01 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryN.A. $125,000,000.00 62.500000000% JPMorgan Chase Bank, N.A. $ 75,000,000.00 37.500000000% Total $200,000,000.00 100.000000000% SCHEDULE 5.05 SUPPLEMENT TO INTERIM FINANCIAL STATEMENTS NONE. SCHEDULE 5.06

Appears in 1 contract

Samples: Credit Agreement (BJs RESTAURANTS INC)

Borrower. LAREDO PETROLEUMXXXXXXX XXXXXXXX ENERGY, INC., . a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Xxxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx, Senior Vice PresidentPresident GUARANTORS: SOUTHWEST ROYALTIES, Chief Financial Officer and Secretary Address for Notice: Laredo PetroleumINC. WARRIOR GAS CO. CWEI ACQUISITIONS, Inc. 00 X. 0xx XxxxxxINC. XXXXXX PASS ACQUISITION L.L.C. CWEI XXXXXX PASS ACQUISITION CORP. BLUE HEEL COMPANY TEX-HAL PARTNERS, Xxxxx 0000 XxxxxINC. XXXXX DRILLING GP, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKLLC WEST COAST ENERGY PROPERTIES GP, N.A. LLC CLAJON INDUSTRIAL GAS, INC. XXXXXXX XXXXXXXX PIPELINE CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxxx NameXxxxxxx Xxxxxxx X. Xxxxxxx, Senior Vice President XXXXX DRILLING, L.P. a Texas limited partnership By: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANKDrilling GP, N.A.LLC, as a Bank its general partner By: /s/ Xxxxx Xxxxxxx X. Xxxxx NameXxxxxxx Xxxxxxx X. Xxxxxxx, Senior Vice President SWR VPP, LLC a Texas limited liability company By: Xxxxx X. Xxxxx Title: Director BANK OF AMERICASouthwest Royalties, N.A.Inc., as a Bank and as Predecessor Administrative Agent its sole member By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Xxxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx, Senior Vice President JPMORGAN CHASE BANK, N.A., as Administrative Agent, Issuing Bank and a Bank Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Authorized Officer UNION BANK, N.A., as Co-Documentation Agent and a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President XXXXX FARGO BANK, N.A. as Co-Documentation Agent and a Lender By: /s/ Xxxx Xxxxxx Xxxxxxxx Name: Xxxx Xxxxxx Xxxxxxxx Title: Director NATIXIS (formerly Natexis Banques Populaires), as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxx Xxx Xxxxx Name: Xxxx Xxx Xxxxx Title: Director COMPASS BANK, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALEVice President FROST BANK, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank Lender By: /s/ Xxxx Xxxxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxxx Xxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC.Senior Vice President KEYBANK NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxxx Xxxxxxxx Xxxxx Name: Xxxxxx Xxxxxxxx Xxxxx Title: Director BNP PARIBASSenior Vice President UBS LOAN FINANCE LLC, as a Bank Lender By: /s/ Xxxx Xxxxx Xxxxxx Name: Xxxx Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxx Name: Xxxxxxx X. Xxxxxx Xxxx Title: Vice President Director THE ROYAL BANK OF SCOTLAND plc, as a Bank Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAAuthorised Signatory FIFTH THIRD BANK, as a Bank Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx XxXxxx Name: Xxxx Xxxxxxx XxXxxx Title: Director CAPITAL ONE, N.A.Vice President WHITNEY BANK, as a Bank Lender By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Credit Agreement (Clayton Williams Energy Inc /De)

Borrower. LAREDO PETROLEUMANGIE'S LIST, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx XXXXXX X. XXX Name: W. Xxxxxx X. Xxx Title: Chief Financial Officer GUARANTORS: AL BV INVESTMENT, INC., a Delaware corporation By: /s/ XXXXXX X. XXX Name: Xxxxxx X. Xxx Title: Chief Financial Officer AL CAMPUS KIDS, LLC, an Indiana limited liability company By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: President AL REAL ESTATE HOLDINGS, LLC, an Indiana limited liability company By: /s/ J. XXXX XXXXXX Name: J. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx Manager ADMINISTRATIVE AGENT AND COLLATERAL AGENT: XXXXX FARGO BANK, N.A. TCW ASSET MANAGEMENT COMPANY By: /s/ Xxxxx X. Xxxxx XXXXXXX XXXXXX Name: Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Title: Managing Director BANKSREQUIRED LENDERS: XXXXX FARGO BANK, N.A., as a Bank TCW DIRECT LENDING STRATEGIC VENTURES LLC By: /s/ Xxxxx X. Xxxxx XXXXXXX XXXXXX Name: Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Title: Managing Director BANK OF AMERICAKAYNE SENIOR CREDIT FUND II, N.A.L.P. By: Kayne Senior Credit II Manager, as a Bank and as Predecessor Administrative Agent L.P., its Investment Manager By: /s/ Xxxxxxxxxxx Xxxxx XXXX XXXXXXXXXX Name: Xxxxxxxxxxx Xxxxx Xxxx Xxxxxxxxxx Title: Managing Director KAYNE SENIOR CREDIT FUNDING II LLC By: /s/ XXXX XXXXXXXXXX Name: Xxxx Xxxxxxxxxx Title: Vice President JPMORGAN CHASE BANKKAYNE SENIOR CREDIT II MINI-MASTER FUND, N.A., as a Bank L.P. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx XXXX XXXXXXXXXX Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxxx Title: Vice President BANK OF SCOTLAND plcSOUTHERN FARM BUREAU LIFE INSURANCE COMPANY By: Kayne Senior Credit II Manager, as a Bank L.P., its Investment Manager By: /s/ Xxxxx X. Xxxxxxxx XXXX XXXXXXXXXX Name: Xxxxx X. Xxxxxxxx Xxxx Xxxxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank Managing Director KAYNE SENIOR CREDIT FUNDING II OFFSHORE LLC By: /s/ Xxxx Xxxxxxx XXXX XXXXXXXXXX Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxxx Title: Vice President COMPASS BANKBLUE CROSS OF CALIFORNIA By: Kayne Senior Credit II Manager, as a Bank L.P., its Investment Manager By: /s/ Xxx Xxx Xxxxxxx XXXX XXXXXXXXXX Name: Xxx Xxx Xxxxxxx Xxxx Xxxxxxxxxx Title: Vice President BOKFManaging Director THE XXXX COMPANIES PENSION INVESTMENT COMMITTEE, NA dba BANK OF OKLAHOMAAS NAMED FIDUCIARY FOR THE XXXX COMPANIES DEFINED BENEFIT MASTER TRUST By: Xxxxx Xxxxxxxx Capital Advisors, as a Bank L.P., its Investment Manager By: /s/ Xxx X. Xxxxxxxxx XXXXXXX X'XXXX Name: Xxx X. Xxxxxxxxx Xxxxxxx X'Xxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryChief Compliance Officer Schedule I Schedule 6.01(f) Litigation; Commercial Tort Claims

Appears in 1 contract

Samples: Financing Agreement (Angie's List, Inc.)

Borrower. LAREDO PETROLEUMTRANSMONTAIGNE OPERATING COMPANY L.P. By: TransMontaigne Operating GP L.L.C., INC., a Delaware corporation its sole general partner By: /s/ W. Xxxx Xxxxxxxxx X. Xxxxxx Name: W. Xxxx Xxxxxxxxx X. Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTPresident AGENT AND LENDERS: XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION, as Agent and as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director Vice President BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent Lender By: /s/ Xxxxxxxxxxx Xxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxxxxx X. Xxxxx Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President JPMORGAN CHASE UNION BANK, N.A., as a Bank Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Assistant Vice President AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxx Xxxxxxxxx Title: Authorized Officer SOCIETE GENERALEVice President COMPASS BANK, as a Bank Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President COMERICA BANK, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANKCorporate Banking Officer CITIBANK, N.A., as a Bank Lender By: /s/ Xxxx Xxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxxxx Title: Investment Banking Officer BMO Vice President XXXXXX FINANCINGXXXXXXX SENIOR FUNDING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK CONSENT AND REAFFIRMATION OF SCOTLAND plcGUARANTORS Each of the undersigned (i) acknowledges receipt of the foregoing Second Amendment to Second Amended and Restated Senior Secured Credit Facility (the “Amendment”), (ii) consents to the execution and delivery of the Amendment by the parties thereto, and (iii) reaffirms all of its obligations and covenants under that certain Amended and Restated Full Recourse Guaranty Agreement dated as of March 9, 2011 (as amended, restated, supplemented, or otherwise modified from time to time), or that certain Second Amended and Restated Limited Recourse Guaranty Agreement dated as of March 9, 2011 (as amended, restated, supplemented, or otherwise modified from time to time), as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAapplicable, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEexecuted by it, N.A.or later joined by it, as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANKand agrees that none of such obligations and covenants shall be limited by the execution and delivery of the Amendment. This Consent and Reaffirmation may be executed in any number of counterparts and by different parties hereto in separate counterparts, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKFeach of which when so executed and delivered shall be deemed to be an original and all of which counterparts, NA dba BANK OF OKLAHOMAtaken together, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTshall constitute but one and the same instrument. March [ ], as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory2012:

Appears in 1 contract

Samples: TransMontaigne Partners L.P.

Borrower. LAREDO PETROLEUMXXXX XXXXXX AND COMPANY, INC. a New Jersey corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx PRESIDENT GUARANTOR: KIDS LINE, LLC a Delaware limited liability company By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx Vice President SASSY, INC. an Illinois corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx Vice President XXXX XXXXXX & CO. (WEST), INC. a California corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President 109 RBCACQ, INC. a California corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President XXXX XXXXXX AND COMPANY PROPERTIES, INC. a New Jersey corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President RUSSPLUS, INC. a New Jersey corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President FLUF N’ STUF, INC. a Pennsylvania corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President RBTACQ, INC. an Ohio corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President XXXX XXXXXX AND COMPANY INVESTMENTS, INC. a New Jersey corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President 110 BOA DONE, INC. a West Virginia corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President P/F DONE, INC. a Pennsylvania corporation By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President COLLATERAL AGENT, ADMINISTRATIVE AGENT AND LENDER: ABLECO FINANCE LLC By: /s/ Xxxxx Xxxxx Xxxxx Xxxxx Senior Vice President / Cheif Credit Officer LENDER: ABLECO FINANCE LLC By: /s/ Xxxxx Xxxxx Xxxxx Xxxxx Senior Vice President / Cheif Credit Officer FINANCING AGREEMENT Dated as of December 15, 2004 by and among XXXX XXXXXX AND COMPANY, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice PresidentTHE GUARANTORS DEFINED HEREIN, Chief Financial Officer and Secretary Address for Notice: Laredo PetroleumTHE LENDERS FROM TIME TO TIME PARTY HERETO, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A.ABLECO FINANCE LLC, as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICACollateral Agent, N.A.and ABLECO FINANCE LLC, as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx TABLE OF CONTENTS ARTICLE I DEFINITIONS; CERTAIN TERMS Section 1.01 Definitions Section 1.02 Terms Generally Section 1.03 Accounting and Other Terms Section 1.04 Time References ARTICLE II THE term LOAN Section 2.01 Commitment Section 2.02 Making the Term Loan Section 2.03 Repayment of the Term Loan; Evidence of Debt Section 2.04 Interest Section 2.05 Termination of Commitment; Prepayment of the Term Loan Section 2.06 Fees Section 2.07 Securitization Section 2.08 Taxes. Section 2.09 Backup Letter of Credit ARTICLE III [INTENTIONALLY OMITTED] ARTICLE IV FEES, PAYMENTS AND OTHER COMPENSATION Section 4.01 Audit and Collateral Monitoring Fees Section 4.02 Payments; Computations and Statements Section 4.03 Sharing of Payments, Etc Section 4.04 Apportionment of Payments Section 4.05 Increased Costs and Reduced Return ARTICLE V CONDITIONS TO LOANS Section 5.01 Conditions Precedent Section 5.02 Conditions Precedent to the Term Loan ARTICLE VI REPRESENTATIONS AND WARRANTIES Section 6.01 Representations and Warranties ARTICLE VII COVENANTS OF THE LOAN PARTIES Section 7.01 Affirmative Covenants Section 7.02 Negative Covenants Section 7.03 Financial Covenants ARTICLE VIII MANAGEMENT, COLLECTION AND STATUS Section 8.01 Collection of Accounts Receivable; Management of Collateral Section 8.02 Accounts Receivable Documentation Section 8.03 Status of Accounts Receivable and Other Collateral Section 8.04 Collateral Custodian ARTICLE IX EVENTS OF DEFAULT Section 9.01 Events of Default ARTICLE X AGENTS Section 10.01 Appointment Section 10.02 Nature of Duties Section 10.03 Rights, Exculpation, Etc Section 10.04 Reliance Section 10.05 Indemnification Section 10.06 Agents Individually Section 10.07 Successor Agent Section 10.08 Collateral Matters Section 10.09 Agency for Perfection ARTICLE XI GUARANTY Section 11.01 Guaranty Section 11.02 Guaranty Absolute Section 11.03 Waiver Section 11.04 Continuing Guaranty; Assignments Section 11.05 Subrogation ARTICLE XII MISCELLANEOUS Section 12.01 Notices, Etc Section 12.02 Amendments, Etc Section 12.03 No Waiver; Remedies, Etc Section 12.04 Expenses; Taxes; Attorneys’ Fees Section 12.05 Right of Set-off Section 12.06 Severability Section 12.07 Assignments and Participations Section 12.08 Counterparts Section 12.09 GOVERNING LAW Section 12.10 CONSENT TO JURISDICTION; SERVICE OF PROCESS AND VENUE Section 12.11 WAIVER OF JURY TRIAL, ETC Section 12.12 Consent by the Agents and Lenders Section 12.13 No Party Deemed Drafter Section 12.14 Reinstatement; Certain Payments Section 12.15 Indemnification Section 12.16 Records Section 12.17 Binding Effect Section 12.18 Interest Section 12.19 Confidentiality Section 12.20 Section Headings Section 12.21 Integration SCHEDULES AND EXHIBITS Schedule C-1 Consolidated EBITDA for 2004 Schedule T-1 Lenders and Lenders’ Commitments Schedule 6.01(e) Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Schedule 6.01(i) ERISA Schedule 6.01(o) Real Property Schedule 6.01(q) Operating Leases Schedule 6.01(r) Environmental Matters Schedule 6.01(s) Insurance Schedule 6.01(v) Bank Accounts Schedule 6.01(w) Intellectual Property Schedule 6.01(x) Material Contracts Schedule 6.01(dd) Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory; Jurisdiction of Organization; Organizational ID Number; Chief Place of Business; Chief Executive Office; FEIN Schedule 6.01(ee) Tradenames Schedule 6.01(ff) Collateral Locations Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(e) Existing Investments Schedule 7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 8.01 Lockbox Banks and Lockbox Accounts Exhibit A-1 Form of Assignment and Acceptance Exhibit G-1 Form of Guaranty Exhibit I-1 Form of Intercompany Subordination Agreement Exhibit L-1 Form of LIBOR Notice Exhibit S-1 Form of Security Agreement Exhibit SS-1 Form of Seller Subordination Agreement Exhibit 5.01(d)(xvi) Form of Opinion of Counsel

Appears in 1 contract

Samples: Financing Agreement (Russ Berrie & Co Inc)

Borrower. LAREDO PETROLEUMXXXXXXX XXXXXXXX ENERGY, INC., . a Delaware corporation By: /s/ W. Xxxx Xxxxxx Xxxxxxx X. Xxxxxxx, Senior Vice President GUARANTORS: SOUTHWEST ROYALTIES, INC. WARRIOR GAS CO. CWEI ACQUISITIONS, INC. XXXXXX PASS ACQUISITION L.L.C. CWEI XXXXXX PASS ACQUISITION CORP. BLUE HEEL COMPANY TEX-HAL PARTNERS, INC. XXXXX DRILLING GP, LLC WEST COAST ENERGY PROPERTIES GP, LLC CLAJON INDUSTRIAL GAS, INC. XXXXXXX XXXXXXXX PIPELINE CORPORATION By: Xxxxxxx X. Xxxxxxx, Senior Vice President of each of the Guarantors listed above XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page XXXXX DRILLING, L.P. a Texas limited partnership By: Xxxxx Drilling GP, LLC, its general partner By: Xxxxxxx X. Xxxxxxx, Senior Vice President XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page JPMORGAN CHASE BANK, N.A., as Administrative Agent, Issuing Bank and a Lender By: Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: Authorized Officer XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page XXXXX FARGO BANK, N.A., as a Bank Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page MUFG UNION BANK, N.A., as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page COMPASS BANK, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page FROST BANK, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page KEYBANK NATIONAL ASSOCIATION, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page NATIXIS, NEW YORK BRANCH, as a Lender By: Name: Title: By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page UBS AG, STAMFORD BRANCH, as a Lender By: Name: Title: By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page FIFTH THIRD BANK, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page U.S. BANK NATIONAL ASSOCIATION, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page WHITNEY BANK, as a Lender By: Name: Title: XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent Lender By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANKXXXXXXX XXXXXXXX ENERGY, N.A.INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page BRANCH BANKING AND TRUST COMPANY, as a Bank Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALEXXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page CAPITAL ONE, NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION XXXXXXX XXXXXXXX ENERGY, INC. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page PNC BANK, N.A.NATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCINGXXXXXXX XXXXXXXX ENERGY, INC.. THIRD AMENDED AND RESTATED CREDIT AGREEMENT Signature Page EXHIBIT A ASSIGNMENT AND ASSUMPTION This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plcLender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit and guarantees included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIALender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEthe “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, N.A.except as expressly provided in this Assignment and Assumption, as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatorywithout representation or warranty by the Assignor.

Appears in 1 contract

Samples: Credit Agreement (Clayton Williams Energy Inc /De)

Borrower. LAREDO PETROLEUMDENBURY ONSHORE, INC.LLC, a Delaware corporation limited liability company By: /s/ W. Xxxx Pxxx Xxxxxxx Pxxx Xxxxxxx, Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: JPMORGAN CHASE BANK, N.A., as Administrative Agent By: /s/ J. Sxxxx Xxxxxx J. Sxxxx Xxxxxx, Senior Vice President SUPPLEMENTAL BANKS: JPMORGAN CHASE BANK, N.A. By: /s/ J. Sxxxx Xxxxxx J. Sxxxx Xxxxxx, Senior Vice President SUPPLEMENTAL BANKS: FORTIS CAPITAL CORP. By: Name: W. Xxxx Xxxxxx /s/ Dxxxx Xxxxxxxxxx Dxxxx Xxxxxxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for NoticePresident By: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 AttnName: Xxxxx /s/ Dxxxxxx Xxxxxx Dxxxxxx Xxxxxx Title: Managing Director SUPPLEMENTAL BANKS: CALYON NEW YORK BRANCH By: Name: /s/ Mxxxxxx X. Xxxxxx TelephoneMxxxxxx X. Xxxxxx Title: 000-000-0000 TelecopyDirector By: 000-000-0000 Email/s/ Dxxxxx X. Xxxxxx Name: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTDxxxxx X. Xxxxxx Title: XXXXX Managing Director SUPPLEMENTAL BANKS: COMERICA BANK By: /s/Pxxxx X. Xxxxxx Name: Pxxxx Xxxxxx Title: Vice President SUPPLEMENTAL BANKS: UNION BANK OF CALIFORNIA, N.A. By: /s/Axxxxx Xxxxx Name: Axxxxx Xxxxx Title: Investment Banking Officer By: /s/Sxxx Xxxxxx Name: Sxxx Xxxxxx Title: Vice President SUPPLEMENTAL BANKS: WXXXX FARGO BANK, N.A. By: /s/ Xxxxx Rxxx X. Xxxxx Xxxxxxxx Name: Xxxxx Rxxx X. Xxxxx Xxxxxxxx Title: Director Senior Vice President SUPPLEMENTAL BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent N.A. By: /s/ Xxxxxxxxxxx /s/Sxxxxxx X. Xxxxxxx Name: Sxxxxxx X. Xxxxxxx Title: Managing Director SUPPLEMENTAL BANKS: BANK OF SCOTLAND By: /s/Kxxxx Xxxxx Name: Xxxxxxxxxxx Kxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank SUPPLEMENTAL BANKS: COMPASS BANK By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx /s/Dxxxxxx Xxxxxxxx Name: Xxxxxx Dxxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTSCHEDULE 1 Commitments Total Banks Commitment Amount Commitment Percentage JPMorgan Chase Bank, as a N.A. $ 42,000,000.00 12.00 % Calyon New York Branch $ 42,000,000.00 12.00 % Fortis Capital Corp. $ 42,000,000.00 12.00 % Union Bank Byof California, N.A. $ 42,000,000.00 12.00 % Comerica Bank $ 42,000,000.00 12.00 % Bank of America, N.A. $ 35,000,000.00 10.00 % Wxxxx Fargo Bank, N.A. $ 35,000,000.00 10.00 % Bank of Scotland $ 35,000,000.00 10.00 % Compass Bank $ 35,000,000.00 10.00 % Totals: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory$ 350,000,000.00 100.00 %

Appears in 1 contract

Samples: Denbury Resources Inc

Borrower. LAREDO PETROLEUMGXXXX CAPITAL BDC 3, INC., a Delaware corporation Maryland corporation, as Initial Borrower By: /s/ W. Xxxx Xxxxxx Rxxx X. Xxxxx Name: W. Xxxx Xxxxxx Rxxx X. Xxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for NoticeTreasurer Signature Bank – Gxxxx BDC 3 Revolving Credit and Security Agreement Acknowledged and agreed to with respect to Section 5.4 only: Laredo PetroleumINVESTMENT ADVISER: GC ADVISORS LLC, Inc. 00 X. 0xx Xxxxxxa Delaware limited liability company, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as Investment Adviser By: /s/ Xxxxx Dxxxx X. Xxxxx Name: Xxxxx Dxxxx X. Xxxxx Title: Director BANKSVice Chairman & President ADMINISTRATOR: XXXXX FARGO BANKGXXXX CAPITAL LLC, N.A.a Delaware limited liability company, as a Bank Administrator By: /s/ Xxxxx Dxxxx X. Xxxxx Name: Xxxxx Dxxxx X. Xxxxx Title: Director Manager Signature Bank – Gxxxx BDC 3 Revolving Credit and Security Agreement ADMINISTRATIVE AGENT AND LENDER: SIGNATURE BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Txxxxx Xxxxxxx Name: Xxxxx Txxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director By: /s/ Txxxxx Xxxxx Name: Txxxxx Xxxxx Title: Managing Group Director Signature Bank – Gxxxx BDC 3 Revolving Credit and Security Agreement SCHEDULE I Borrower Information Name Type of Borrower Jurisdiction of Formation Type of Entity Collateral Account Investment Collection Account Gxxxx Capital BDC 3, Inc. Initial Borrower Maryland Corporation 3302226750 Not applicable Notice Information: GXXXX CAPITAL BDC 3, INC.: Chief Executive Office / Principal Place of Business: Gxxxx Capital BDC 3, Inc. 600 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Notice Address: Gxxxx Capital BDC 3, Inc. 600 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Dxxxx X. Xxxxx Email: SxxxxxxxxxXxxxxxxx@xxxxxxxxxxxx.xxx With a copy to: Gxxxx Capital LLC 100 Xxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Dxxxxx Xxxxxxxx Email: dxxxxxxxx@xxxxxxxxxxxx.xxx And: Fxxxx Hxxx LLP 100 Xxxxxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Txxxxx X. Xxxxxx NameEmail: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, txxxxxx@xxxxxxxxx.xxx SCHEDULE II Lender Commitments Lender Commitment Signature Bank $ 175,000,000 Total $ 175,000,000 SCHEDULE III Eligible Investments as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatoryof the Closing Date None

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Golub Capital BDC 3, Inc.)

Borrower. LAREDO PETROLEUMTRITON NAUTILUS ASSET LEASING GMBH, INC., a Delaware corporation as Borrower By: /s/ W. Xxxx Xxxxxx Xxxxxxxxxx Name: W. Xxxx Xxxxxx Xxxxxxxxxx Title: Managing Director DNB BANK ASA, as Administrative Agent and a Lender By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. President By: /s/ Xxxxx X. Xxxxx Stian Løvseth Name: Xxxxx X. Xxxxx Stian Løvseth Title: Director BANKS: First Vice President Signature Page to Triton Nautilus Credit Agreement XXXXX FARGO BANK, N.A., as Syndication Agent and a Bank Lender By: /s/ Xxxxx X. T. Xxxx Xxxxx Name: Xxxxx X. T. Xxxx Xxxxx Title: Managing Director BANK OF AMERICA, N.A., as Co-Documentation Agent and a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEVice President Signature Page to Triton Nautilus Credit Agreement THE BANK OF TOKYO-MITSUBISHI UFJ, N.A.LTD., as Co-Documentation Agent and a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President BARCLAYS BANK PLC, as a Bank Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President CITIBANK, N.A., LONDON BRANCH, as Co-Documentation Agent and a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director JPMORGAN CHASE BANK, N.A., as Co-Documentation Agent and a Lender By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: Authorized Officer Signature Page to Triton Nautilus Credit Agreement STANDARD CHARTERED BANK, as Co-Documentation Agent and a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Associate Director By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Credit Documentation Manager SIGNATURE PAGE TO THE CREDIT AGREEMENT, DATED AS OF THE DATE FIRST REFERENCED ABOVE, AMONG TRITON NAUTILUS ASSET LEASING GMBH, THE LENDERS PARTY THERETO, DNB BANK ASA, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT, XXXXX FARGO BANK, N.A., AS SYNDICATION AGENT, AND BANK OF AMERICA, N.A., THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., BARCLAYS BANK PLC CITIBANK, N.A., JPMORGAN CHASE BANK, N.A. AND STANDARD CHARTERED BANK, AS CO-DOCUMENTATION AGENTS NAME OF INSTITUTION: XXXXXX XXXXXXX BANK, N.A. By /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Authorized Signatory SIGNATURE PAGE TO THE CREDIT AGREEMENT, DATED AS OF THE DATE FIRST REFERENCED ABOVE, AMONG TRITON NAUTILUS ASSET LEASING GMBH, THE LENDERS PARTY THERETO, DNB BANK ASA, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT, XXXXX FARGO BANK, N.A., AS SYNDICATION AGENT, AND BANK OF AMERICA, N.A., THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., BARCLAYS BANK PLC CITIBANK, N.A., JPMORGAN CHASE BANK, N.A. AND STANDARD CHARTERED BANK, AS CO-DOCUMENTATION AGENTS NAME OF INSTITUTION: CREDIT SUISSE AG, Cayman Islands Branch By /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: By /s/ Xxx Xxx Xxxxxxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Xxxxxxx Title: Associate SIGNATURE PAGE TO THE CREDIT AGREEMENT, DATED AS OF THE DATE FIRST REFERENCED ABOVE, AMONG TRITON NAUTILUS ASSET LEASING GMBH, THE LENDERS PARTY THERETO, DNB BANK ASA, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT, XXXXX FARGO BANK, N.A., AS SYNDICATION AGENT, AND BANK OF AMERICA, N.A., THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., BARCLAYS BANK PLC CITIBANK, N.A., JPMORGAN CHASE BANK, N.A. AND STANDARD CHARTERED BANK, AS CO-DOCUMENTATION AGENTS NAME OF INSTITUTION: CREDIT INDUSTRIEL ET COMMERCIAL as Lender By /s/ Xxxxxx XxXxxx Name: Xxxxxx XxXxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: By /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxxx Xxxxxx Name: Xxxx Xxxxxxx Xxxxxx Title: Senior Vice President COMERICA BANK& Deputy General Manager Signature Page to Triton Nautilus Credit Agreement Schedule 1.1-A COLLATERAL RIGS Rig Name Year Built Jurisdiction of Registration and Flag Rig Valuation Registered Owner Official Number Discoverer Americas 2009 Xxxxxxxx Islands $ 625,000,000 Triton Nautilus Asset Leasing GmbH Discoverer Inspiration 2009 Xxxxxxxx Islands $ 625,000,000 Triton Nautilus Asset Leasing GmbH Deepwater Champion 2010 Vanuatu $ 625,000,000 Triton Nautilus Asset Leasing GmbH Schedule 1.1-B LENDERS AND COMMITMENTS ON THE EFFECTIVE DATE Lender Commitment Applicable Percentage(1) DNB Bank ASA $ 100,000,000 11.1111 % Xxxxx Fargo Bank, as a N.A. $ 100,000,000 11.1111 % Bank By: /s/ Xxxx X. of America, N.A. $ 100,000,000 11.1111 % Citibank, N.A., London Branch $ 100,000,000 11.1111 % JPMorgan Chase Bank, N.A. $ 100,000,000 11.1111 % Barclays Bank PLC $ 100,000,000 11.1111 % Standard Chartered Bank $ 100,000,000 11.1111 % The Bank of Tokyo-Mitsubishi UFJ, Ltd. $ 100,000,000 11.1111 % Credit Suisse AG $ 50,000,000 5.5556 % Xxxxxx Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USABank, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryN.A. $ 25,000,000 2.7778 % Crédit Industriel et Commercial $ 25,000,000 2.7778 % Total $ 900,000,000 100 %

Appears in 1 contract

Samples: Credit Agreement (Transocean Ltd.)

Borrower. LAREDO PETROLEUMMLLER ENERGY RESOURCES, INC., . a Delaware Tennessee corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxx Title: Director BANKSChief Executive Officer GUARANTORS XXXXXX DRILLING, TN LLC By: XXXXX FARGO BANKXXXXXX ENERGY RESOURCES, N.A.INC., as a Bank its Sole Member By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANKChief Executive Officer XXXXXX ENERGY SERVICES, N.A., as a Bank LLC By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCINGENERGY RESOURCES, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank its Sole Manager By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAChief Executive Officer XXXXXX ENERGY GP, as a Bank LLC By: XXXXXX ENERGY RESOURCES, INC., its Sole Manager By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx Xxxxx X. Xxxxxx Name: Xxxxxxx Xxxxx X. Xxxxxx Title: Vice President COMPASS BANKChief Executive Officer XXXXXX RIG & EQUIPMENT, as a Bank LLC By: XXXXXX ENERGY RESOURCES, INC., its Sole Manager By: /s/ Xxx Xxx Xxxxxxx Xxxxx X. Xxxxxx Name: Xxx Xxx Xxxxxxx Xxxxx X. Xxxxxx Title: Vice President BOKFChief Executive Officer COOK INLET ENERGY, NA dba BANK OF OKLAHOMA, as a Bank LLC By: /s/ Xxx Xxxxx X. Xxxxxxxxx Xxxx Name: Xxx Xxxxx X. Xxxxxxxxx Xxxx Title: Senior Vice President BRANCH BANKING AND TRUSTManager and Chief Executive Officer EAST TENNESSEE CONSULTANTS, as a Bank INC. By: /s/ Xxxx Xxxxxx X. Xxxxxxxx Name: Xxxx Xxxxxx X. Xxxxxxxx Title: Senior Vice President COMERICA BANKEAST TENNESSEE CONSULTANTS II, as a Bank L.L.C. By: /s/ Xxxx Xxxxxx X. Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxx X. Xxxxxxx Xxxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USAManager ANNEX A TO WAIVER AND AMENDMENT NO. 8 EXHIBIT F TO LOAN AGREEMENT BY AND AMONG XXXXXX ENERGY RESOURCES, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryINC., AS BORROWER, THE LENDERS SIGNATORY THERETO, AND APOLLO INVESTMENT CORPORATION AS ADMINISTRATIVE AGENT FOR THE LENDERS FORM OF RCA GUARANTY Corporate Guaranty

Appears in 1 contract

Samples: Loan Agreement (Miller Energy Resources, Inc.)

Borrower. LAREDO PETROLEUMXXXXXXXXXXXX-LG&E PARTNERS By: XXXXXXXXXXXX-ROANOKE VALLEY, L.P., as general partner By: WEI-ROANOKE VALLEY, INC., a Delaware corporation as general partner By: /s/ W. Xxxx Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: By: LG&E ROANOKE VALLEY, L.P., as general partner By: LG&E POWER 16 INCORPORATED, as general partner By: /s/ S. Xxxxxxxx Xxxxx Name: S. Xxxxxxxx Xxxxx Title: Vice President And Treasurer 3 AGENT, CO-AGENTS AND LENDERS: CREDIT SUISSE, as Agent, Co-Agent and Lender By: /s/ p.p. Xxxxxx Xxxxxx Name: W. Xxxx Xxxxxx Xxxxxx Title: Associate By: /s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: Member of Senior Management NATIONAL WESTMINSTER BANK PLC, as Co-Agent and Lender By: /s/ T. Xxxxxxx Xxxxxxx Name: T. Xxxxxxx Xxxxxxx Title: Vice President THE BANK OF NOVA SCOTIA, as Co-Agent and Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Project Finance THE SUMITOMO BANK, LIMITED, New York Branch as Co-Agent and Lender By: /s/ Xxxxxxxxx Xxxxxxxx Name: Xxxxxxxxx Xxxxxxxx Title: Joint General Manager THE SUMITOMO TRUST AND BANKING CO., LTD. New York Branch, as Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice PresidentPresident Manager, Chief Financial Officer and Secretary Address for NoticeProject Finance Department 4 THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, as Lender By: Laredo Petroleum/s/ [illegible] Name: Title: UNION BANK, Inc. 00 as Lender By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: AVP UNION BANK OF SWITZERLAND, as Lender By: /s/ Xxxx X. 0xx XxxxxxXxxxx Name: Xxxx X. Xxxxx Title: Assistant Treasurer By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Managing Director THE FUJI BANK LIMITED, Los Angeles Agency, as Lender By: /s/ [illegible] Name: Title: CREDIT LYONNAIS, New York Branch, as Lender By: /s/ Xxxxx 0000 Xxxxx, XX 00000 AttnX. Xxxxxxx Name: Xxxxx X. Xxxxxx TelephoneXxxxxxx Title: 000-000-0000 TelecopyVice President CREDIT LYONNAIS, Cayman Island Branch, as Lender By: 000-000-0000 Email/s/ Xxxxx X. Xxxxxxx Name: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTXxxxx X. Xxxxxxx Title: XXXXX FARGO Vice President 5 THE TORONTO DOMINION BANK, N.A. as Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKSINSTITUTIONAL LENDER: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, N.A., as a Bank Institutional Lender and as Predecessor Administrative Institutional Agent By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx Title: Vice President JPMORGAN CHASE ISSUING BANK: CREDIT SUISSE, N.A.New York Branch, as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryIssuing Bank

Appears in 1 contract

Samples: Construction and Term Loan Agreement (Westmoreland Coal Co)

Borrower. LAREDO PETROLEUMWELLTOWER OP INC. (upon consummation of the Conversion, INC., a Delaware corporation to be renamed to “Welltower OP LLC”) By: /s/ W. Xxxx /s Xxx XxXxxx Name: Xxx XxXxxx Title: Executive Vice President – Chief Financial Officer PARENT GUARANTOR: WELLTOWER INC. By: /s Xxx XxXxxx Name: Xxx XxXxxx Title: Executive Vice President – Chief Financial Officer KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, as the LC Issuer and as a Lender By: /s Xxxxx Xxxxxx Name: W. Xxxx Xxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKPresident BANK OF AMERICA, N.A. By: /s/ Xxxxx X. Xxxxx /s Alli Korchmar Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Alli Korchmar Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank N.A. By: /s/ /s Xxxxx Xxxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxx Xxxxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Managing Director BARCLAYS BANK PLC By: /s Xxxxxx Xxxxx III Name: Xxxxxx Xxxxx III Title: Vice President CITIBANK, N.A. By: /s Xxxx Xxx Name: Xxxx Xxx Title: Authorized Officer SOCIETE GENERALE, as a Bank Signatory CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ s/ Xxxx Xxxxxxxxx Xxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Xxxx Title: Director By: /s/ Xxxxxxx X. s/ Xxxxxx Xxx Name: Xxxxxxx X. Xxxxxx Xxx Title: Director DEUTSCHE BANK AG NEW YORK BRANCH By: /s Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Director XXXXXXX SACHS BANK USA By: /s Xxxxxxx Xxx Name: Xxxxxxx Xxx Title: Authorized Signatory MIZUHO BANK, LTD. By: /s Xxxxx X. Xxxxxxxx XxXxxxxxxxx Name: Xxxxx X. Xxxxxxxx XxXxxxxxxxx Title: Assistant Vice President THE Executive Director MIZUHO BANK OF NOVA SCOTIA, as a Bank (USA) By: /s/ /s Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Executive Director XXXXXX XXXXXXX BANK, N.A. By: /s Xxxx Xxxxxxx Xxxxx Name: Xxxx Xxxxxxx Xxxxx Title: Director CAPITAL ONEAuthorized Signatory MUFG BANK, N.A., as a Bank LTD. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ /s Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory PNC BANK, NATIONAL ASSOCIATION By: /s Xxxxx X. Xxxxx-Xxxxxxx Name: Xxxxx X. Xxxxx-Xxxxxxx Title: Senior Vice President COMERICA ROYAL BANK OF CANADA By: /s Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Authorized Signatory BMO XXXXXX BANK N.A. By: /s Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director BNP PARIBAS By: /s Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Director By: s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director CAPITAL ONE, NATIONAL ASSOCIATION By: /s Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory CITIZENS BANK, as a Bank N.A. By: /s/ /s Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Officer FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Executive Director Signature Page to Welltower Consent and Amendment No. 1 to Credit Agreement REGIONS BANK By: /s Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Senior Vice President SUMITOMO MITSUI BANKING CORPORATION By: /s Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Executive Director TD BANK, N.A. By: /s Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President THE TORONTO-DOMINION BANK, NEW YORK BRANCH By: /s Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director THE BANK OF NOVA SCOTIA By: /s Arjun Xxxxxxxxx Name: Arjun Xxxxxxxxx Title: Director THE HUNTINGTON NATIONAL BANK By: /s Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director TRUIST BANK By: /s Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Director BANK OF NEW YORK MELLON By: /s Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Director COMERICA BANK By: /s Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Vice President XXXXXXX XXXXXXX BANK By: /s Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President BANK OF CHINA, NEW YORK BRANCH By: /s Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Executive Vice President SYNOVUS BANK By: /s Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Corporate Banker BOKF, NA DBA BANK OF OKLAHOMA By: /s Xxxxxxxxxxx Xxxxxxxx Name: Xxxxxxxxxxx Xxxxxxxx Title: Senior Vice President XXXXXXX XXXXX BANK By: /s Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Senior Vice President ANNEX A TO AMENDMENT NO. 1 ANNEX A EXECUTION VERSION CREDIT AGREEMENT Dated as of June 4, 2021 (as amended, restated, supplemented and otherwise modified through and including that certain Consent and Amendment No. 1 dated as of April 1, 2022) among WELLTOWER OP INC., as Borrower, WELLTOWER INC., as BorrowerParent Guarantor, THE LENDERS PARTY HERETO FROM TIME TO TIME KEYBANK NATIONAL ASSOCIATION, as Administrative Agent and L/C Issuer BOFA SECURITIES, INC. and JPMORGAN CHASE BANK, N.A., as Joint Book Runners BOFA SECURITIES, INC., JPMORGAN CHASE BANK, N.A., KEYBANC CAPITAL MARKETS INC. and XXXXX FARGO SECURITIES LLC, as U.S. Joint Lead Arrangers BOFA SECURITIES, INC., JPMORGAN CHASE BANK, N.A., KEYBANC CAPITAL MARKETS INC. and RBC CAPITAL MARKETS, as Canadian Joint Lead Arrangers BANK OF AMERICA, N.A. and JPMORGAN CHASE BANK, N.A., as Co-Syndication Agents XXXXX FARGO BANK, N.A., MUFG BANK, LTD., BARCLAYS BANK PLC, CITIBANK, N.A., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, DEUTSCHE BANK SECURITIES INC., XXXXXXX SACHS BANK USA, MIZUHO BANK, LTD., XXXXXX XXXXXXX BANK, N.A., PNC BANK, NATIONAL ASSOCIATION and ROYAL BANK OF CANADA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryCo-Documentation Agents BNP PARIBAS, CAPITAL ONE, NATIONAL ASSOCIATION, CITIZENS BANK, N.A., FIFTH THIRD BANK, NATIONAL ASSOCIATION, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, THE BANK OF NOVA SCOTIA, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, NA, TRUIST BANK and BANK OF MONTREAL, as Co-Senior Managing Agents CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Sustainability Structuring Agent TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND ACCOUNTING AND OTHER TERMS 1 Section 1.01 Defined Terms 1 Section 1.02 Other Interpretive Provisions 5153 Section 1.03 Accounting Terms 5154 Section 1.04 Rounding 5254 Section 1.05 Times of Day 5254 Section 1.06 Exchange Rates; Currency Equivalents 5255 Section 1.07 Additional Alternative Currencies 5355 Section 1.08 Change of Currency 5457 Section 1.09 Letter of Credit Amounts 5557 Section 1.10 Pro Forma Calculations 5557 Section 1.11 Divisions 5557 Section 1.12 LIBOR Notification 5558 ARTICLE II COMMITMENTS AND CREDIT EXTENSIONS 5658 Section 2.01 Loans 5658 Section 2.02 Borrowings, Conversions and Continuations of Loans 6264 Section 2.03 Letters of Credit 6466 Section 2.04 [Intentionally Omitted] 7275 Section 2.05 Prepayments 7275 Section 2.06 Termination or Reduction of Commitments 7476 Section 2.07 Repayment of Loans 7577 Section 2.08 Interest and Default Rate 7577 Section 2.09 Fees 7678 Section 2.10 Computation of Interest and Fees 7779 Section 2.11 Evidence of Debt 7780 Section 2.12 Payments Generally; Administrative Agent’s Clawback 7880 Section 2.13 Sharing of Payments by Lenders 8083 Section 2.14 Cash Collateral 8284 Section 2.15 Defaulting Lenders 8385 Section 2.16 Increase in Revolving Facility 8587 Section 2.17 Incremental U.S. Term Loan Commitments 8689 Section 2.18 Incremental Canadian Term Commitments 8790 Section 2.19 Extension of Maturity Date for Revolving Facility 8991 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY 8992 Section 3.01 Taxes 8992 Section 3.02 Illegality 9396 Section 3.03 Inability to Determine Rates 9496

Appears in 1 contract

Samples: Credit Agreement (Welltower Inc.)

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Borrower. LAREDO PETROLEUMENERGY XXI GULF COAST, INC., a Delaware corporation . By: /s/ W. Xxxx Xxxxxx Xxx Name: W. Xxxx Xxxxxx Xxx Title: Chief Financial Officer ADMINISTRATIVE AGENT, ISSUERS AND LENDERS: THE ROYAL BANK OF SCOTLAND plc, as Administrative Agent, Issuer and Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director BNP PARIBAS, as Issuer and Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Director AMEGY BANK NATIONAL ASSOCIATION, as Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice PresidentPresident THE BANK OF NOVA SCOTIA, Chief Financial Officer and Secretary Address for Noticeas Lender By: Laredo Petroleum/s/ J Xxxxxxx Name: J Xxxxxxx Title: Director TORONTO DOMINION (TEXAS) LLC, Inc. 00 as Lender By: /s/ Xxxxxx X. 0xx XxxxxxXxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory CAPITAL ONE, Xxxxx 0000 XxxxxNATIONAL ASSOCIATION, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as Lender By: /s/ Xxxxx X. Xxxxx Xxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Xxxx Title: Vice President JPMORGAN CHASE BANK, N.A.NATIXIS, as a Bank Lender By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxxx Title: Authorized Officer SOCIETE GENERALEManaging Director By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Director ALLIED IRISH BANKS p.l.c., as a Bank Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Vice President By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Lender By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A.Associate UBS LOAN FINANCE LLC, as a Bank Lender By: /s/ Xxxx Xxxxxxxxx X. Xxxx Name: Xxxx Xxxxxxxxx X. Xxxx Title: Investment Associate Director Banking Officer BMO XXXXXX FINANCINGProduct, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director US By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Xxxxxxxxx Title: Director Banking Products Services, US ING CAPITAL ONE, N.A.LLC, as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director REGIONS BANK, as Lender and as Swing Line Lender By: /s/ Xxxxx X. Xxxxxx III Name: Xxxxx X. Xxxxxx III Title: Senior Vice President COMERICA BANKACKNOWLEDGED AND AGREED AS OF THE DATE FIRST ABOVE WRITTEN: ENERGY XXI GOM, as a Bank LLC By: /s/ Xxxx X. Xxxxxxx Xxx Name: Xxxx X. Xxxxxxx Xxx Title: Assistant Vice President XXXXXXX SACHS BANK USAChief Financial Officer ENERGY XXI TEXAS ONSHORE, as a Bank LLC By: /s/ Xxxx Xxxxxx Xxx Name: Xxxx Xxxxxx Xxx Title: Authorized SignatoryChief Financial Officer ENERGY XXI ONSHORE, LLC By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Chief Financial Officer ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST ABOVE WRITTEN IN ITS CAPACITY AS GUARANTOR UNDER ITS LIMITED RECOURSE GUARANTY AND GRANTOR UNDER ITS PLEDGE AGREEMENT AND IRREVOCABLE PROXY DELIVERED IN CONNECTION WITH THE FIRST LIEN CREDIT AGREEMENT: ENERGY XXI USA, INC. By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Chief Financial Officer

Appears in 1 contract

Samples: Waiver Regarding (Energy Xxi (Bermuda) LTD)

Borrower. LAREDO PETROLEUMHIGHPEAK ENERGY, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx NameXxxxxxxxx Xxxx Xxxxxxxxx Chief Executive Officer GUARANTORS: W. HIGHPEAK ENERGY ACQUISITION CORP., a Delaware corporation HIGHPEAK ENERGY EMPLOYEES, INC., a Delaware corporation LAZY JJ PROPERTIES, LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxx TitleXxxxxxxxx Xxxx Xxxxxxxxx Chief Executive Officer HIGHPEAK ENERGY ASSETS, LLC, a Delaware limited liability company HIGHPEAK ENERGY HOLDINGS, LLC, a Delaware limited liability company By: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx /s/ Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx President EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxx Xxxxxxx X. Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxx Xxxxxxx Title: Managing Director BANKSLENDERS: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender and as an Issuing Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDERS: FIFTH THIRD BANK, NATIONAL ASSOCIATION, as a Lender and as an Issuing Bank By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Managing Director EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDERS: CITIZENS BANK N.A., as a Bank Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director Senior Vice President EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDERS: BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank Lender By: /s/ Xxxxx Xxxxxxx Xxxxx Name: Xxxxx Xxxxxxx Xxxxx Title: Authorized Officer SOCIETE GENERALEDirector EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDERS: CREDIT SUISSE AG, NEW YORK BRANCH, as a Bank Lender By: /s/ Xxxxx Xxxxxx Xxxx Name: Xxxxx Xxxxxx Xxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director Authorized Signatory By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatorySignatory EIGHTH AMENDMENT TO CREDIT AGREEMENT – Signature Page

Appears in 1 contract

Samples: Credit Agreement (HighPeak Energy, Inc.)

Borrower. LAREDO PETROLEUM, XXXX IN THE BOX INC., a Delaware corporation as the Borrower By: /s/ W. Xxxx Xxxxxx X. Xxxxxxxx Name: W. Xxxx Xxxxxx X. Xxxxxxxx Title: Senior Vice PresidentPresident Finance, Chief Financial Officer Controller and Secretary Address for NoticeTreasurer GUARANTORS: Laredo PetroleumJBX GENERAL PARTNER LLC, as a Guarantor By: Xxxx in the Box Inc., as sole member By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President Finance, Controller and Treasurer JBX LIMITED PARTNER LLC, as a Guarantor By: Xxxx in the Box Inc., as sole member By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President Finance, Controller and Treasurer XXXX IN THE BOX EASTERN DIVISION L.P., as a Guarantor By: JBX General Partner LLC, as general partner By: Xxxx in the Box Inc., as sole member By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President Finance, Controller and Treasurer Xxxx in the Box Inc. 00 QDOBA RESTAURANT CORPORATION, as a Guarantor By: /s/ Xxxxx X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 AttnXxxxxxxxx Name: Xxxxx X. Xxxxxx TelephoneXxxxxxxxx Title: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTPresident and Treasurer Xxxx in the Box Inc. Signature Page AGENT AND LENDERS: XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION as the Administrative Agent and a Consenting Lender By: /s/ Xxxxx X. Xxxxx XxXxxxx Name: Xxxxx X. Xxxxx XxXxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director Xxxx in the Box Inc. BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent Consenting Lender By: /s/ Xxxxxxxxxxx Xxxxx Xxxx Xxxx Name: Xxxxxxxxxxx Xxxxx Xxxx Xxxx Title: Vice President JPMORGAN CHASE BANKXxxx in the Box Inc. COÖPERATIEVE RABOBANK U.A., N.A.NEW YORK BRANCH (f/k/a COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND” NEW YORK BRANCH), as a Bank Consenting Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Executive Director By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALEExecutive Director Xxxx in the Box Inc. FIFTH THIRD BANK, as a Bank Consenting Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President Xxxx in the Box Inc. PNC BANK, NATIONAL ASSOCIATION, as a Consenting Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Assistant Vice President Xxxx in the Box Inc. U.S. BANK NATIONAL ASSOCIATION, as a Consenting Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Xxxx in the Box Inc. REGIONS BANK, as a Consenting Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director & Group Head Xxxx in the Box Inc. MUFG UNION BANK, N.A., as a Consenting Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President Xxxx in the Box Inc. Signature Page CITIZENS BANK, N.A., as a Consenting Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: VP Xxxx in the Box Inc. JPMORGAN CHASE BANK, N.A., as a Consenting Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Executive Director Xxxx in the Box Inc. SUNTRUST BANK, as a Consenting Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President Xxxx in the Box Inc. Signature Page BANK OF THE WEST, as a Consenting Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Vice President Xxxx in the Box Inc. CAPITAL ONE, N.A., as a Consenting Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Xxxx in the Box Inc. COMPASS BANK, as a Consenting Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: SVP Xxxx in the Box Inc. FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Consenting Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President Xxxx in the Box Inc. CADENCE BANK, N.A., as a Bank Consenting Lender By: /s/ Xxxxxxx X. Xxxx Xxxxxxxxx III Name: Xxxxxxx X. Xxxx Xxxxxxxxx III Title: Investment Banking Officer BMO XXXXXX FINANCING, INC.Senior Vice President Xxxx in the Box Inc. BRANCH BANKING AND TRUST COMPANY, as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank Consenting Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEin the Box Inc. Signature Page XXXXXXX XXXXX BANK, N.A., as a Bank Consenting Lender By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxxxx Xxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Xxxx Title: Senior Vice President BRANCH BANKING AND TRUSTXxxx in the Box Inc. CITY NATIONAL BANK, as a Bank Consenting Lender By: /s/ Xxxx Xxxxxx Xxxxxxx Xxxxx Name: Xxxx Xxxxxx Xxxxxxx Xxxxx Title: Senior Vice President COMERICA BANKXxxx in the Box Inc. Signature Page CRÉDIT INDUSTRIEL ET COMMERCIAL, as a Bank Consenting Lender By: /s/ Xxxx X. Xxxxxxx Xxxxxxxx Xxxxxxxx Name: Xxxx X. Xxxxxxx Xxxxxxxx Xxxxxxxx Title: Assistant Vice President Managing Director By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director Xxxx in the Box Inc. XXXXXX XXXXXXX SACHS BANK USABANK, N.A., as a Bank Consenting Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatorySignatory Xxxx in the Box Inc. CTBC BANK, NEW YORK BRANCH, as a Consenting Lender By: /s/ Xxxxx Xx Name: Xxxxx Xx Title: Senior Vice President & General Manager Xxxx in the Box Inc. Signature Page XXXXXXX BANK, NATIONAL ASSOCIATION, as a Consenting Lender /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Xxxx in the Box Inc. Signature Page MANUFACTURERS BANK, as a Consenting Lender By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Vice President Xxxx in the Box Inc. SCHEDULE I INCREASING TERM LOAN COMMITMENTS LENDER PRINCIPAL AMOUNT Xxxxx Fargo Bank, National Association $ 32,850,501.60 JPMorgan Chase Bank, N.A. $ 70,000,000.00 SunTrust Bank $ 70,000,000.00 Capital One, N.A. $ 50,000,000.00 Coöperatieve Rabobank U.A., New York Branch (f/k/a Cooperative Centrale Raiffesisen-Boerenleenbank B.A. “Rabobank International” New York Branch) $ 36,992,520.43 Bank of America, N.A. $ 36,927,601.20 PNC Bank, National Association $ 33,654,185.90 Fifth Third Bank $ 31,353,315.87 Xxxxxxx Xxxxx Bank, N.A. $ 30,000,000.00 CTBC Bank, New York Branch $ 20,000,000.00 Cadence Bank, N.A. $ 5,800,000.00 Total $417,578,125.00 SCHEDULE II OUTSTANDING TERM LOAN AMOUNTS (AFTER GIVING EFFECT TO THE THIRD ADVANCE ON THE EFFECTIVE DATE OF THE THIRD AMENDMENT) LENDER PRINCIPAL AMOUNT Xxxxx Fargo Bank, National Association $ 70,247,329.97 JPMorgan Chase Bank, N.A. $ 70,000,000.00 SunTrust Bank $ 70,000,000.00 Coöperatieve Rabobank U.A., New York Branch (f/k/a Cooperative Centrale Raiffesisen-Boerenleenbank B.A. “Rabobank International” New York Branch) $ 69,005,681.82 Bank of America, N.A. $ 67,897,727.27 Fifth Third Bank $ 53,096,590.91 Capital One, N.A. $ 50,000,000.00 PNC Bank, National Association $ 44,164,772.73 Xxxxxxx Xxxxx Bank, N.A. $ 30,000,000.00 Xxxxxx Xxxxxxx Bank, N.A. $ 22,272,727.27 Citizens Bank, N.A. $ 20,860,706.68 U.S. Bank National Association $ 20,379,305.76 CTBC Bank, New York Branch $ 20,000,000.00 MUFG Union Bank, N.A. $ 19,256,036.92 Regions Bank $ 17,811,834.15 Cadence Bank, N.A. $ 12,419,262.71 Bank of the West $ 12,388,050.43 Compass Bank $ 11,032,104.49 First Tennessee Bank, National Association $ 9,226,851.04 Branch Banking and Trust Company $ 8,986,150.58 City National Bank $ 7,060,546.87 Crédit Industriel Et Commercial $ 6,619,262.71 Xxxxxxx Bank, National Association $ 5,134,943.17 Manufacturer's Bank $ 4,412,841.79 Total $700,000,000.00 ANNEX A Amended Credit Agreement [See attached] SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 19, 2014 by and among XXXX IN THE BOX INC., as Borrower, the Lenders referred to herein, as Lenders, and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing Lender, BANK OF AMERICA, N.A., and COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH (F/K/A COÖPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK INTERNATIONAL” NEW YORK BRANCH), each as a Syndication Agent and FIFTH THIRD BANK, and COÖPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK INTERNATIONAL” NEW YORK BRANCH, CITIZENS BANK, N.A., MUFG UNION BANK, N.A., REGIONS BANK and US BANK, NATIONAL ASSOCIATION, each as a Documentation Agent XXXXX FARGO SECURITIES, LLC, and XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH (F/K/A COÖPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK INTERNATIONAL” NEW YORK BRANCH), as Joint Lead Arrangers and Joint Lead Bookrunners TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 1 SECTION 1.1. Definitions 1

Appears in 1 contract

Samples: Third Amendment (Jack in the Box Inc /New/)

Borrower. LAREDO PETROLEUM, CHS INC., a Delaware cooperative corporation formed under the laws of the State of Minnesota By: /s/ W. Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: COBANK, ACB By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Vice President [2015 Credit Agreement (10-Year Term Loan) — Signature Page] SYNDICATION PARTY: COBANK, ACB By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Vice President [2015 Credit Agreement (10-Year Term Loan) — Signature Page] SYNDICATION PARTY: AgStar Financial Services, PCA By: /s/ Xxxxxxx X. XxXxxxxx Name: Xxxxxxx X. XxXxxxxx Title: Associate Vice President - Capital Markets SYNDICATION PARTY: Farm Credit Services of America, PCA By: /s/ Xxxx Xxxx Xxxxxx Name: W. Xxxx Xxxx Xxxxxx Title: Senior Vice President VOTING PARTICIPANT: 1st Farm Credit Services, FLCA By: /s/ Xxxx X. Xxxxxxxxxx Name: Xxxx X. Xxxxxxxxxx Title: Vice President, Chief Financial Officer and Secretary Address for NoticeCapital Markets Group VOTING PARTICIPANT: Laredo PetroleumAgChoice Farm Credit, Inc. 00 FLCA By: /s/ Xxxxxx X. 0xx XxxxxxXxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President VOTING PARTICIPANT: AgFirst Farm Credit Bank By: /s/ Xxxx X Xxxxxxxx Xx Name: Xxxx X Xxxxxxxx Xx Title: Vice President VOTING PARTICIPANT: American AgCredit, FLCA By: /s/ Xxxxx 0000 Xxxxx, XX 00000 AttnXxxxxx Name: Xxxxx Xxxxxx Title: Vice President VOTING PARTICIPANT: Badgerland Financial, FLCA By: /s/ Xxxxxxx X. Xxxxxx TelephoneName: 000-000-0000 TelecopyXxxxxxx X. Xxxxxx Title: 000-000-0000 EmailAVP — Capital Markets VOTING PARTICIPANT: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTFarm Credit Bank of Texas By: XXXXX FARGO BANK/s/ Xxxx X. X. Xxxxxxx Name: Xxxx X. X. Xxxxxxx Title: Director Capital Markets VOTING PARTICIPANT: Farm Credit East, N.A. ACA By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKSSenior Vice President VOTING PARTICIPANT: XXXXX FARGO BANKFarm Credit Mid-America, N.A., as a Bank FLCA By: /s/ Xxxxx Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Credit Officer Capital Markets VOTING PARTICIPANT: Farm Credit West, FLCA By: /s/ Ben Xxxxxxx Name: Ben Xxxxxxx Title: Vice President VOTING PARTICIPANT: Fresno Madera Production Credit Association By: /s/ Xxxxxx X. Xxxxx Name: Xxxxx Xxxxxx X. Xxxxx Title: Director BANK OF AMERICAVP VOTING PARTICIPANT: GreenStone Farm Credit Services, N.A., as a Bank and as Predecessor Administrative Agent FLCA By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxx, Xx. Title: Vice President JPMORGAN CHASE BANKSVP/Managing Director VOTING PARTICIPANT: Northwest Farm Credit Services, N.A., as a Bank FLCA By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALESVP -Credit VOTING PARTICIPANT: United FCS, as FLCA d/b/a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank FCS Commercial Finance Group By: /s/ Xxxx Xxxxxxxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxxx Title: Vice President BANK OF SCOTLAND plcExhibit 1B to Credit Agreement COMPLIANCE CERTIFICATE CHS Inc. CoBank, ACB 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxx Xxxxxxx, Xxxxxxxx 00000 ATTN: Administrative Agent, CHS Loan Gentlemen: As required by Subsections 9.2.1 and 9.2.2 of that certain 2015 Credit Agreement (Term Loan) (“Credit Agreement”) dated as of September 4, 2015, by and between CHS Inc. (“Company”), CoBank, ACB, in its capacity as the Administrative Agent, and the Syndication Parties described therein, a Bank review of the activities of the Company for the [Fiscal Quarter ending , 20 ] [Fiscal Year ending , 20 ] (the “Fiscal Period”) has been made under my supervision with a view to determine whether the Company has kept, observed, performed and fulfilled all of its obligations under the Credit Agreement and all other agreements and undertakings contemplated thereby, and to the best of my knowledge, and based upon such review, I certify that no event has occurred which constitutes, or which with the passage of time or service of notice, or both, would constitute an Event of Default or a Potential Default as defined in the Credit Agreement. I further certify that the amounts set forth on the attachment, to the best of my knowledge accurately present amounts required to be calculated on a consolidated basis by financial covenants of the Credit Agreement as of the last day of the Fiscal Period (unless expressly specified herein). All terms used herein and on the attachment have the identical meaning as in the Credit Agreement. Very truly yours, CHS Inc. By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryChief Financial Officer Capitalized terms used herein shall have the definitions set forth in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

Borrower. LAREDO PETROLEUMANGIE'S LIST, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx XXXXXX X. XXX Name: W. Xxxxxx X. Xxx Title: Chief Financial Officer GUARANTORS: AL BV INVESTMENT, INC., a Delaware corporation By: /s/ XXXXXX X. XXX Name: Xxxxxx X. Xxx Title: Chief Financial Officer AL CAMPUS KIDS, LLC, an Indiana limited liability company By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: President AL REAL ESTATE HOLDINGS, LLC, an Indiana limited liability company By: /s/ J. XXXX XXXXXX Name: J. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx Manager ADMINISTRATIVE AGENT AND COLLATERAL AGENT: XXXXX FARGO BANK, N.A. TCW ASSET MANAGEMENT COMPANY By: /s/ Xxxxx X. Xxxxx XXXXXXX XXXXXX Name: Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Title: Managing Director BANKSREQUIRED LENDERS: XXXXX FARGO BANK, N.A., as a Bank TCW DIRECT LENDING STRATEGIC VENTURES LLC By: /s/ Xxxxx X. Xxxxx XXXXXXX XXXXXX Name: Xxxxx X. Xxxxx Xxxxxxx Xxxxxx Title: Managing Director BANK OF AMERICAKAYNE SENIOR CREDIT FUND II, N.A.L.P. By: Kayne Senior Credit II Manager, as a Bank and as Predecessor Administrative Agent L.P., its Investment Manager By: /s/ Xxxxxxxxxxx Xxxxx XXXX XXXXXXXXXX Name: Xxxxxxxxxxx Xxxxx Xxxx Xxxxxxxxxx Title: Managing Director KAYNE SENIOR CREDIT FUNDING II LLC By: /s/ XXXX XXXXXXXXXX Name: Xxxx Xxxxxxxxxx Title: Vice President JPMORGAN CHASE BANKSOUTHERN FARM BUREAU LIFE INSURANCE COMPANY By: Kayne Senior Credit II Manager, N.A.L.P., as a Bank its Investment Manager By: /s/ Xxxxx Xxxxxxx XXXX XXXXXXXXXX Name: Xxxxx Xxxxxxx Xxxx Xxxxxxxxxx Title: Authorized Officer SOCIETE GENERALEManaging Director BLUE CROSS OF CALIFORNIA By: Kayne Senior Credit II Manager, as a Bank L.P., its Investment Manager By: /s/ Xxxxx Xxxxxx XXXX XXXXXXXXXX Name: Xxxxx Xxxxxx Xxxx Xxxxxxxxxx Title: Managing Director UNION BANKTHE XXXX COMPANIES PENSION INVESTMENT COMMITTEE, N.A.AS NAMED FIDUCIARY FOR THE XXXX COMPANIES DEFINED BENEFIT MASTER TRUST By: Xxxxx Xxxxxxxx Capital Advisors, as a Bank L.P., its Investment Manager By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx XXXXXXX X'XXXX Name: Xxxxxxx X. Xxxxxx X'Xxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryChief Compliance Officer

Appears in 1 contract

Samples: Financing Agreement (Angie's List, Inc.)

Borrower. LAREDO PETROLEUMDCP MIDSTREAM OPERATING, INC., a Delaware corporation LP By: /s/ W. Xxxxxx X. Xxxx Xxxxxx Name: W. X. Xxxx Xxxxxx Title: Senior Vice President, President and Chief Financial Officer GUARANTORS DCP MIDSTREAM PARTNERS, LP By: DCP Midstream GP, LP its General Partner By: DCP Midstream GP, LLC its General Partner By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Secretary Address for NoticeChief Financial Officer DCP MIDSTREAM OPERATING, LLC By: Laredo Petroleum/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer DCP ASSETS HOLDING GP, Inc. 00 LLC By: /s/ Xxxxxx X. 0xx XxxxxxXxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer DCP ASSETS HOLDING, Xxxxx 0000 XxxxxLP By: DCP Assets Holding GP, XX 00000 AttnLLC its General Partner By: Xxxxx /s/ Xxxxxx X. Xxxx Xxxxxx TelephoneX. Xxxx Vice President and Chief Financial Officer DCP BLACK LAKE HOLDINGS, LP By: 000-000-0000 TelecopyDCP Assets Holding GP, LLC its General Partner By: 000-000-0000 Email/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer ASSOCIATED LOUISIANA INTRASTATE PIPE LINE, LLC By: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer DCP INTRASTATE PIPELINE, LLC By: XXXXX FARGO /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer XXXXXX PIPELINE, LLC By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer DCP LINDSAY, LLC By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer GAS SUPPLY RESOURCES LLC By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer WILBREEZE PIPELINE, LP By: DCP Assets Holding GP, LLC its General Partner By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer DCP MIDSTREAM PARTNERS FINANCE CORP. By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer GSRI TRANSPORTATION LLC By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President and Chief Financial Officer LENDERS: WACHOVIA BANK, N.A. NATIONAL ASSOCIATION, as Agent and as a Lender By: /s/ Xxxxxxxx X. Xxxxxxxx Name: Xxxxxxxx X. Xxxxxxxx Title: Managing Director SUNTRUST BANK, as a Lender By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President CITIBANK N.A., as a Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Attorney-in-Fact UBS LOAN FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director KEY BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO Senior Vice President XXXXXX BROTHERS BANK, N.A.FSB, as a Bank Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Authorized Signatory THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCINGAssociate BANK OF TOKYO-MITSUBISHI TRUST UFJ COMPANY, INC.formerly known as Bank of Tokyo-Mitsubishi Trust Company, as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank Lender By: /s/ Xxxxx Xxxxxx Xxxxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONEXXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank Lender By: /s/ Xxxx Xxxxxx Xxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Xxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryPresident

Appears in 1 contract

Samples: Credit Agreement (DCP Midstream Partners, LP)

Borrower. LAREDO PETROLEUMXXXXXXXX CAPITAL OPERATING COMPANY, INC.LLC, a Delaware corporation limited liability company By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ W. Xxxx Xxxxxx Xxxxx Xxxxxxxx Name: W. Xxxx Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President, President and Chief Financial Officer (SEAL) [Signatures Continued on Next Page] KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 AGENT AND LENDERS: KEYBANK NATIONAL ASSOCIATION, individually as a Lender and Secretary Address for Noticeas the Agent By: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, /s/ Xxxx Xx Xxxxx 0000 Xxxxx, XX 00000 AttnName: Xxxx Xx Xxxxx X. Xxxxxx TelephoneTitle: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: Vice President KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 XXXXXXX XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxx Xxxxx Name: Xxxx Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING Xxxxxxx Xxxxx Bank, N.A. 000 Xxxxxxxx Xxxxxxx Xx. Xxxxxxxxxx, XX 00000 Attn: Xxxx Xxxxx Tel. 000-000-0000 Fax 0-000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND TRUSTRESTATED CREDIT AGREEMENT 2020 TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President Trustmark National Bank 0000 Xxxxxx Xxxxxx, as a Bank Xxxxx 000 Xxxxxxx, XX 00000 Attn: Xxxxxxx Xxxxxx Tel. 000-000-0000 Fax 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANKFirstBank 0000 Xxxxxx Xxxxxx, as a Xxxxx 000 Xxxxxxxxxx, XX 00000 Attn: Xxxx Xxxxxx Tel. 000-000-0000 Fax 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President Triumph Bank 0000 Xxxxxxxx Xxxxxx Pkwy Memphis, TN 38120 Attn: Xxxxxxx X. Xxxxxx Tel. 000-000-0000 Fax 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President Renasant Bank 0000 Xxxxx Xxxxxxx Drive, Suite 100 Memphis, TN 38120 Attn: Xxxxxxx Xxxx Tel. 000-000-0000 Fax 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President Pinnacle Bank 000 Xxxxx Xxxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxx, XX 00000 Attn: Xxxxxx Xxxxx, Senior Vice President Tel. 000-000-0000 Fax 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 BMO XXXXXX BANK N.A. By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Vice President BMO Xxxxxx Bank N.A. 000 X. XxXxxxx Street, 17th Floor Chicago, Illinois 60603 Attn: Xxxxx Xxxxxxxx Tel. 000-000-0000 SYNOVUS BANK By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director Synovus Bank 000 Xxxxxx Xxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Attn: Xxxxx Xxxxxx Tel. 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 TRUIST BANK By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USADirector Truist Bank 000 Xxxxxxxxx Xxxxxx, as a Bank 00xx Xxxxx Xxxxxxx, Xxxxxxx 00000 Attn: Xxxx Xxxxxxx Tel. 000-000-0000 KEYBANK / XXXXXXXX CAPITAL SECOND AMENDED AND RESTATED CREDIT AGREEMENT 2020 IBERIABANK By: /s/ Xxxx Xxx Xxxxxx Name: Xxxx Xxx Xxxxxx Title: Authorized SignatoryVice President IberiaBank 0000 Xxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxx 00000 Attn: Xxx Xxxxxx Tel. 000-000-0000 Fax 000-000-0000

Appears in 1 contract

Samples: Credit Agreement (Jernigan Capital, Inc.)

Borrower. LAREDO PETROLEUMMAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer GUARANTORS: MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer XXXXXX XXXXXX CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx X. Xxxxxx Name: W. Xxxx Xxxxxx X. Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo PetroleumSHALE HUNTER, Inc. 00 X. 0xx XxxxxxLLC, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. a Delaware limited liability company By: /s/ Xxxxx Xxxxxx X. Xxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxx Xxxxxx Title: Director BANKS: XXXXX FARGO BANKChief Financial Officer HUNTER REAL ESTATE, N.A.LLC, as a Bank Delaware limited liability company By: /s/ Xxxxx Xxxxxx X. Xxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxx Xxxxxx Title: Director BANK OF AMERICAChief Financial Officer TRIAD HOLDINGS, N.A.LLC, as a Bank and as Predecessor Administrative Agent an Ohio limited liability company By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx X. Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Chief Financial Officer BMO XXXXXX FINANCING, INC., as a Bank ISSUING BANK BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Managing Director BNP PARIBAS, as a Bank ADMINISTRATIVE AGENT BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Managing Director LOAN ADMINISTRATOR CANTOR XXXXXXXXXX SECURITIES By: /s/ Xxxxx Xxxxxx Xxxx Name: Xxxxx Xxxxxx Xxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryChief Operating Officer

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Borrower. LAREDO PETROLEUMTRANSMONTAIGNE OPERATING COMPANY L.P. By: TransMontaigne Operating GP L.L.C., INCits sole general partner By: /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Executive Vice President FULL RECOURSE GUARANTORS: TRANSMONTAIGNE TERMINALS, L.L.C., a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Executive Vice President RAZORBACK L.L.C., a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Executive Vice President TPSI TERMINALS L.L.C., a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Executive Vice President TPME L.L.C., a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Executive Vice President TLP FINANCE CORP., a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxx Title: Executive Vice President BANK OF SCOTLAND plcTLP OPERATING FINANCE CORP., as a Bank Delaware corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxx Title: Executive Vice President COMPASS BANKLIMITED RECOURSE GUARANTOR: TRANSMONTAIGNE PARTNERS L.P., as a Bank By: TransMontaigne GP L.L.C., its sole general partner By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx Xxxxxxxxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxx Title: Senior Executive Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory[TMP - Fourth Amendment to Second Amended and Restated Senior Secured Credit Facility]

Appears in 1 contract

Samples: TransMontaigne Partners L.P.

Borrower. LAREDO PETROLEUMSTAG INDUSTRIAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: STAG Industrial GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Authorized Officer PARENT: STAG INDUSTRIAL, INC., a Delaware Maryland corporation By: /s/ W. Xxxx Xxxxxx Xxxxxxx X. Xxxxx Name: W. Xxxx Xxxxxx Xxxxxxx X. Xxxxx Title: Senior Executive Vice President, President and Chief Financial Operating Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION, as the Administrative Agent and a Lender By: /s/ D. Xxxxx X. Xxxxx Xxxxxxx Name: D. Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Xxxxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent Lender By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Title: Vice President JPMORGAN CHASE CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Senior Vice President REGIONS BANK, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxx, Xx. Name: Xxxx X. Xxxxx, Xx. Title: Vice President TD BANK, N.A., as a Bank Lender By: /s/ Xxxxx Xxxxxxx Xxxxx Name: Xxxxx Xxxxxxx Xxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION Senior Vice Xxxxxxxxx XXXXXXX XXXXX BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxxxxx Title: Assistant Senior Vice President THE U.S. BANK OF NOVA SCOTIANATIONAL ASSOCIATION, as a Bank Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President XXXXXX XXXXXXX BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory BRANCH BANKING AND TRUST COMPANY, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryXxxxxxxxx SCHEDULE 2.01

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (STAG Industrial, Inc.)

Borrower. LAREDO PETROLEUMENABLE MIDSTREAM PARTNERS, INC.LP, a Delaware corporation as the Borrower By: Enable GP, LLC, its General Partner By: /s/ W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Name: W. Xxxx Xxxxxx E. Xxxxx Xxxxxxxx Title: Senior Vice President, Chief Financial Operating Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANKCITIBANK, N.A., as Agent By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: VP BOKF, NA dba BANK OF OKLAHOMA By: /s/ Xxxxx Xxxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxxx Title: Senior Vice President LENDERS: CITIBANK, N.A., as Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Authorized Signatory Compass Bank By: /s/ Xxxxxx X. Xxxxx Name: Xxxxx Xxxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank Executive Vice President DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxx Xxxx X. Xxxxx Xxx Name: Xxxxx Xxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Xxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President XXXXXXX XXXXX BANK USA By: /s/ Xxxxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx Title: Authorized Signatory Industrial and Commercial Bank of China Limited. New York Branch By: /s/ Xx. Xxxx Xxxx Name: Xx. Xxxx Xxxx Title: Deputy General Manager JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx X Xxxxx Name: Xxxxx Xxxxxxx X Xxxxx Title: Authorized Officer SOCIETE GENERALESenior Vice President MIZUHO BANK (USA) By: /s/ Xxxx Mo Name: Xxxx Mo Title: Senior Vice President PNC BANK, as a Bank NATIONAL ASSOCIATION By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President ROYAL BANK OF CANADA By: /s/ Xxxxx Xxxxxx Xxxxxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Authorized Signatory SunTrust Bank By: /s/ Xxxxxx Xxxxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxxx Xxxxxxx Title: Director BNP PARIBAS, as a The Bank of New York Mellon By: /s/ Xxxxx Xxxxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxxx Title: Vice President THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Vice President THE ROYAL BANK OF SCOTLAND FINANCE (IRELAND) By: /s/ Xxx X’Xxxxxxx Name: Xxx X’Xxxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxx Xxxxxxxx Title: Director U.S. BANK NATIONAL ASSOCIATION, as a lender By: /s/ Xxxxx X’Xxxxxxxxxxx Name: Xxxxx X’Xxxxxxxxxxx Title: Vice President BANK OF SCOTLAND plcXxxxx Fargo Bank, as a Bank N.A. By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxxx Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS WOODFOREST NATIONAL BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Xxxxxxx X. Xxxxxxxx Name: Xxxx Xxxxxx Xxxxxxx X. Xxxxxxxx Title: Authorized SignatorySenior Vice President

Appears in 1 contract

Samples: Term Loan Agreement (Centerpoint Energy Inc)

Borrower. LAREDO PETROLEUMXXXXXXXXXXXX-LG&E PARTNERS By: XXXXXXXXXXXX-ROANOKE VALLEY, L.P., as general partner By: WEI-ROANOKE VALLEY, INC., a Delaware corporation as general partner By: /s/ W. Xxxx Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President By: LG&E ROANOKE VALLEY L.P., as general partner By: LG&E POWER 16 INCORPORATED, as general partner By: /s/ S. Xxxxxxxx Xxxxx Name: S. Xxxxxxxx Xxxxx Title: Vice President and Treasurer AGENT, CO-AGENTS AND LENDERS: CREDIT SUISSE, as Agent, Co-Agent and Lender By: /s/ p.p. Xxxxxx Xxxxxx Name: W. Xxxx Xxxxxx Xxxxxx Title: Associate By: /s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: Member of Senior Management NATIONAL WESTMINSTER BANK PLC, as Co-Agent and Lender By: /s/ T. Xxxxxxx Xxxxxxx Name: T. Xxxxxxx Xxxxxxx Title: Vice PresidentPresident 0 XXX XXXX XX XXXX XXXXXX, Chief Financial Officer as Co-Agent and Secretary Address for NoticeLender By: Laredo Petroleum/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President THE SUMITOMO BANK, Inc. 00 LIMITED, New York Branch as Co-Agent and Lender By: /s/ Xxxxxxxxx Xxxxxxxx Name: Xxxxxxxxx Xxxxxxxx Title: Joint General Manager THE SUMITOMO TRUST AND BANKING CO., LTD New York Branch, as Lender By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Deputy General Manager THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, as Lender By: [illegible] Name: Title: UNION BANK, as Lender By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: AVP UNION BANK OF SWITZERLAND, as Lender By: /s/ Xxxx X. 0xx XxxxxxXxxxx Name: Xxxx X. Xxxxx Title: Assistant Treasurer By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Managing Director THE FUJI BANK LIMITED, Los Angeles Agency, as Lender By: /s/ [illegible] Name: Title: 5 CREDIT LYONNAIS, New York Branch, as Lender By: /s/ Xxxxx 0000 Xxxxx, XX 00000 AttnX. Xxxxxxx Name: Xxxxx X. Xxxxxx TelephoneXxxxxxx Title: 000-000-0000 TelecopyVice President CREDIT LYONNAIS, Cayman Island Branch, as Lender By: 000-000-0000 Email/s/ Xxxxx X. Xxxxxxx Name: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTXxxxx X. Xxxxxxx Title: XXXXX FARGO Vice President THE TORONTO DOMINION BANK, N.A. as Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKSINSTITUTIONAL LENDER: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, N.A., as a Bank Institutional Lender and as Predecessor Administrative Institutional Agent By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx Title: Vice President JPMORGAN CHASE ISSUING BANK: CREDIT SUISSE, N.A.New York Branch, as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatoryIssuing Bank

Appears in 1 contract

Samples: Construction and Term Loan Agreement (Westmoreland Coal Co)

Borrower. LAREDO PETROLEUMENTERPRISE PRODUCTS OPERATING L.P. By: Enterprise Products GP, LLC , General Partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Executive Vice President and CFO LENDERS AND AGENTS: WACHOVIA BANK, NATIONAL ASSOCIATION (formerly known as First Union National Bank), Individually and as Administrative Agent By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director BANK ONE, NA (Main Office - Chicago), Individually and as Documentation Agent By: /s/ Xxxx Xxx Xxxx Name: Xxxx Xxx Xxxx Title: Director THE BANK OF NOVA SCOTIA By: /s/ X. Xxxx Name: X. Xxxx Title: Senior Manager BAYERISCHE HYPO-UND VEREINSBANK AG, NEW YORK BRANCH By: Name: Title: MIZUHO CORPORATE BANK, Ltd., Individually and as Managing Agent By: /s/ Jun Shimmachi Name: Jun Shimmachi Title: Vice President NATIONAL AUSTRALIA BANK LIMITED, A.C.N. 004044937, Individually and as Managing Agent By: Name: Title: FLEET NATIONAL BANK, Individually and as Managing Agent By: Name: Title: WESTLB AG, NEW YORK BRANCH, Individually and as Co-Agent By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Executive Director By: /s/ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Managing Director Credit Department TORONTO DOMINION (TEXAS), INC., a Delaware corporation Individually and As Managing Agent By: Name: Title: GUARANTY BANK By: /s/ W. Xxxx Xxxxxx Xxx X. Xxxxxxxx Name: W. Xxxx Xxxxxx Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for NoticePresident HIBERNIA NATIONAL BANK By: Laredo Petroleum, Inc. 00 /s/ Xxxxx X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 AttnXxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President ROYAL BANK OF CANADA By: /s/ Xxx X. Xxxxxxxxxx Name: Xxx X. Xxxxxxxxxx Title: Attorney-In-Fact BANK OF TOKYO-MITSUBISHI, LTD., HOUSTON AGENCY, Individually and as Co-Agent By: /s/ Xxxxxx TelephoneX. Xxxxxxx, Xx. Name: 000-000-0000 TelecopyXxxxxx X. Xxxxxxx, Xx. Title: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO Vice President SUNTRUST BANK, Individually and as Co-Agent By: /s/ Xxxxx X. Edge Name: Xxxxx X. Edge Title: Director CITIBANK, N.A. By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Attorney-In-Fact DEN NORSKE BANK ASA By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank First Vice President By: /s/ Xxxxx X. Xxxxx Xxxx Xxxxxxxxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxx Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANKACKNOWLEDGMENT AND RATIFICATION OF GUARANTOR The undersigned (“Guarantor”) hereby expressly (i) acknowledges the terms of the foregoing Fourth Amendment and Supplement to Credit Agreement; (ii) ratifies and affirms its obligations under its Guaranty Agreement dated as of November 17, N.A.2000, in favor of the Administrative Agent; (iii) acknowledges, renews and extends its continued liability under said Guaranty Agreement and Guarantor hereby agrees that its Guaranty Agreement remains in full force and effect; and (iv) guarantees to the Administrative Agent the prompt payment when due of all amounts owing or to be owing by it under its Guaranty Agreement pursuant to the terms and conditions thereof, as modified hereby. The foregoing acknowledgment and ratification of the undersigned Guarantor shall be evidenced by signing the spaces provided below, to be effective as of the Fourth Amendment Effective Date. ENTERPRISE PRODUCTS PARTNERS L.P., a Bank Delaware limited partnership By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALEEnterprise Products GP, as a Bank LLC, General Partner By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory:

Appears in 1 contract

Samples: Credit Agreement (Enterprise Products Operating L P)

Borrower. LAREDO PETROLEUMGXXXX CAPITAL BDC 3, INC., a Delaware corporation Maryland corporation, as Initial Borrower By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice PresidentRevolving Credit and Security Agreement Acknowledged and agreed to with respect to Section 5.4 only: INVESTMENT ADVISER: GC ADVISORS LLC, Chief Financial Officer a Delaware limited liability company, as Investment Adviser By: Name: Title: ADMINISTRATOR: GXXXX CAPITAL LLC, a Delaware limited liability company, as Administrator By: Name: Title: Revolving Credit and Secretary Address for NoticeSecurity Agreement ADMINISTRATIVE AGENT AND LENDER: Laredo PetroleumSIGNATURE BANK By: Name: Title: Signature Bank – Gxxxx BDC 3 Revolving Credit and Security Agreement Borrower Information Name Type of Borrower Jurisdiction of Formation Type of Entity Collateral Account Investment Collection Account Gxxxx Capital BDC 3, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 AttnInitial Borrower Maryland Corporation 3302226750 Not applicable Notice Information: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCINGGXXXX CAPITAL BDC 3, INC.: Chief Executive Office / Principal Place of Business: Gxxxx Capital BDC 3, as Inc. 600 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Notice Address: Gxxxx Capital BDC 3, Inc. 600 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Dxxxx X. Xxxxx Email: SxxxxxxxxxXxxxxxxx@xxxxxxxxxxxx.xxx With a Bank Bycopy to: /s/ Xxxxxx Gxxxx Capital LLC 100 Xxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx, Xxxxx Xxxxxxxx Name00000 Attention: Xxxxxx Dxxxxx Xxxxxxxx TitleEmail: Director BNP PARIBASdxxxxxxxx@xxxxxxxxxxxx.xxx And: Fxxxx Hxxx LLP 100 Xxxxxxx Xxxxxxxxx Xxxxxx, as a Bank ByXxxxxxxxxxxxx 00000 Attention: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx Txxxxx X. Xxxxxx NameEmail: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, txxxxxx@xxxxxxxxx.xxx SCHEDULE II Lender Commitments Lender Commitment Signature Bank $175,000,000225,000,000 Total $175,000,000225,000,000 SCHEDULE III Eligible Investments as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatoryof the Closing Date None

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Golub Capital BDC 3, Inc.)

Borrower. LAREDO PETROLEUMDENBURY ONSHORE, INC.LLC, a Delaware corporation limited liability company By: /s/ W. Xxxx Xxxxxx Pxxx Xxxxxxx Pxxx Xxxxxxx, Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: JPMORGAN CHASE BANK, N.A., as Administrative Agent By: /s/ Sxxxxxx Xxxxxxx Name: W. Xxxx Xxxxxx Sxxxxxx Xxxxxxx Title: Senior Vice PresidentPresident SUPPLEMENTAL BANKS: JPMORGAN CHASE BANK, Chief Financial Officer and Secretary Address for NoticeN.A. By: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn/s/ Sxxxxxx Xxxxxxx Name: Xxxxx Sxxxxxx Xxxxxxx Title: Senior Vice President SUPPLEMENTAL BANKS: FORTIS CAPITAL CORP. By: /s/ Dxxxx Xxxxxxxxxx Name: Dxxxx Xxxxxxxxxx Title: Senior Vice President By: /s/ Dxxxxxx Xxxxxx Name: Dxxxxxx Xxxxxx Title: Managing Director SUPPLEMENTAL BANKS: CALYON NEW YORK BRANCH By: /s/ Page Dillehunt Name: Page Dillehunt Title: Managing Director By: /s/ Mxxx Xxxxxx Name: Mxxx Xxxxxx Title: Director SUPPLEMENTAL BANKS: COMERICA BANK By: /s/ Pxxxx X. Xxxxxx TelephoneName: 000-000-0000 TelecopyPxxxx X. Xxxxxx Title: 000-000-0000 EmailVice President SUPPLEMENTAL BANKS: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTUNION BANK OF CALIFORNIA, N.A. By: XXXXX /s/ Sxxx Murchpy Name: Sxxx Xxxxxx Title: Vice President By: /s/ Axxxxx Xxxxx Name: Axxxxx Xxxxx Title: Investment Banking Officer SUPPLEMENTAL BANKS: WXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Jxxxx Xxxxx Name: Xxxxx X. Jxxxx Xxxxx Title: Director Portfolio Manager SUPPLEMENTAL BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent N.A. By: /s/ Xxxxxxxxxxx Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Managing Director SUPPLEMENTAL BANKS: BANK OF SCOTLAND By: /s/ Kxxxx Xxxxx Name: Xxxxxxxxxxx Kxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank SUPPLEMENTAL BANKS: COMPASS BANK By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Dxxxxxx Xxxxxxxx Name: Xxxxxx Dxxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTSCHEDULE 1 Commitments Total Banks Commitment Amount Commitment Percentage JPMorgan Chase Bank, as a N.A. $ 30,000,000.00 12.00 % Calyon New York Branch $ 30,000,000.00 12.00 % Fortis Capital Corp. $ 30,000,000.00 12.00 % Union Bank Byof California, N.A. $ 30,000,000.00 12.00 % Comerica Bank $ 30,000,000.00 12.00 % Bank of America, N.A. $ 25,000,000.00 10.00 % Wxxxx Fargo Bank, N.A. $ 25,000,000.00 10.00 % Bank of Scotland $ 25,000,000.00 10.00 % Compass Bank $ 25,000,000.00 10.00 % Totals: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory$ 250,000,000.00 100.00 %

Appears in 1 contract

Samples: Denbury Resources Inc

Borrower. LAREDO PETROLEUMEXCO OPERATING COMPANY, INC.LP (formerly known as EXCO Partners Operating Partnership, a Delaware corporation LP) By: EXCO Partners OLP GP, LLC its sole general partner By: /s/ W. Xxxx Xxxxxx J. Xxxxxxx Xxxxxx, Ph.D. Name: W. Xxxx Xxxxxx J. Xxxxxxx Xxxxxx, Ph.D. Title: Senior Vice President, President and Chief Financial Officer and Secretary Address for NoticeNotices: Laredo PetroleumEXCO Operating Company, Inc. 00 X. 0xx LP 00000 Xxxxx Xxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: Facsimile No. 000-000-0000 TelecopyAttn: 000-000-0000 EmailXxxxxxx X. Xxxxxx Chief Executive Officer and Attn: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENTJ. Xxxxxxx Xxxxxx Chief Financial Officer GUARANTORS: XXXXX FARGO XXXXXXXX GATHERING, LLC XXXXXXX DE, LLC XXXXXXX HOLDING COMPANY, LLC XXXXXX GATHERING, LLC By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer for each of the Credit Parties listed above Second Amendment to Amended and Restated Credit Agreement – Signature Page TALCO MIDSTREAM ASSETS, LTD. By: XXXXXXX HOLDING COMPANY, LLC. its General Partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer TGG PIPELINE, LTD. By: XXXXXXX HOLDING COMPANY, LLC, its General Partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer EXCO PRODUCTION COMPANY, LP (formerly known as Winchester Production Company, Ltd.) By: XXXXXXX DE, LLC, Its General Partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer Second Amendment to Amended and Restated Credit Agreement – Signature Page JPMORGAN CHASE BANK, N.A. N.A., as a Lender and as Administrative Agent, By: /s/ Xxxxxxx Xxxx Xxxxxxx Name: Wm. Xxxx Xxxxxxx Title: Senior Vice President Second Amendment to Amended and Restated Credit Agreement – Signature Page UBS LOAN FINANCE LLC as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Associate Director BANKSBanking Products Services, US By: XXXXX FARGO BANK/s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director Banking Products Services, N.A.US Second Amendment to Amended and Restated Credit Agreement – Signature Page CREDIT SUISSE, CAYMAN ISLANDS BRANCH as a Bank Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Director By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director Associate Second Amendment to Amended and Restated Credit Agreement – Signature Page XXXXXX BROTHERS COMMERCIAL BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank Lender By: /s/ Xxxxxx Xxxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxxx X. Xxxx Title: Director Operations Officer Second Amendment to Amended and Restated Credit Agreement – Signature Page BNP PARIBAS, PARIBAS as a Bank Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxx Name: Xxxxxxx X. Xxxxxx Xxxx Title: Vice President BANK OF SCOTLAND plc, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USA, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized SignatorySecond Amendment to Amended and Restated Credit Agreement – Signature Page

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Borrower. LAREDO PETROLEUM, INC.PILGRIM’S PRIDE CORPORATION, a corporation formed under the laws of the State of Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo Petroleum, Inc. 00 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BNP PARIBAS, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxx Title: Chief Financial Officer ADMINISTRATIVE AGENT: COBANK, ACB By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Senior Vice President BANK OF SCOTLAND plcCO-ARRANGER: AGRILAND, as a Bank FCS By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIAChief Executive Officer SYNDICATION PARTIES: Agriland, as a Bank FCS By: /s/ Xxxx Xxxxxxx Xxxxx Xxxxxxxx Name: Xxxx Xxxxxxx Xxxxx Xxxxxxxx Title: Director CAPITAL ONEChief Executive Officer Contact Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Address: 0000 X. Xxxxxxxxx Xxxx 000 Xxxxx, N.A.Xxxxx 00000 Phone No.: (000) 000-0000 Fax No.: (000) 000-0000 e-mail address: - Individual Commitment: $475,000,000.00 Payment Instructions: Agriland, as a Bank FCS ABA No.: 000000000 Acct. Name: Agriland Farm Credit Services Account No.: 306100-100 Attn: Xxxxx Xxxxxxxx Reference: Pilgrim’s Pride SYNDICATION PARTIES: Deere Credit, Inc. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANK, as a Bank By: /s/ Xxx Xxx Xxxxxxx Name: Xxx Xxx Xxxxxxx Title: Vice President BOKF, NA dba BANK OF OKLAHOMA, as a Bank By: /s/ Xxx X. Xxxxxxxxx Senior Account Credit Manager Contact Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUST, as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President COMERICA BANK, as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Assistant Vice President XXXXXXX SACHS BANK USASenior Account Credit Manager Address: X.X. Xxx 0000 – Dept. 140 0000 X.X. 00xx Xxxxxx Xxxxxxxx, as a Xxxx 00000 Phone No.: 515/000-0000 Fax No.: 515/000-0000 e-mail address: XxxxxxxXxxxxxx@XxxxXxxxx.xxx Individual Commitment: $25,000,000.00 Payment Instructions: First Chicago NBD Bank ByABA: /s/ Xxxx Xxxxxx Name000000000 For account of Deere Credit Services Account No.: Xxxx Xxxxxx Title51-52135 Ref: Authorized SignatoryPilgrim’s Pride Syndication Loan

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Borrower. LAREDO PETROLEUM, INC., a Delaware corporation By: /s/ W. Xxxx Xxxxxx Name: W. Xxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Secretary Address for Notice: Laredo PetroleumComverge, Inc. 00 X. 0xx By /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxx, XX 00000 Attn: Xxxxx X. Xxxxxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Email: xxxxx@xxxxxxxxxxx.xxx ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANKS: XXXXX FARGO BANK, N.A., as a Bank By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director BANK OF AMERICA, N.A., as a Bank and as Predecessor Administrative Agent By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Executive Vice President JPMORGAN CHASE BANKBy /s/ Xxxxxxx Xxxxx Secretary or Ass't Secretary PFG: PARTNERS FOR GROWTH III, N.A., as a Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer SOCIETE GENERALE, as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director UNION BANK, N.A., as a Bank By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Investment Banking Officer BMO XXXXXX FINANCING, INC., as a Bank By: L.P. By /s/ Xxxxxx Xxxxxxxx Xxxx Name: Xxxxxx Xxxxxxxx Xxxx Title: Director BNP PARIBASManager, as a Bank ByPartners for Growth III, LLC Its General Partner Borrower: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: Comverge Giants, LLC By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President BANK OF SCOTLAND plcBorrower: Public Energy Solutions, as a Bank By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director CAPITAL ONE, N.A., as a Bank By: LLC By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President COMPASS BANKBorrower: Public Energy Solutions NY, as a Bank By: LLC By /s/ Xxx Xxx Xxxxxxx Xxxxxx Name: Xxx Xxx Xxxxxxx Xxxxxx Title: Vice President BOKFBorrower: Clean Power Markets, NA dba BANK OF OKLAHOMAInc. By /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, as a Bank By: /s/ Xxx X. Xxxxxxxxx Name: Xxx X. Xxxxxxxxx Title: Senior Vice President BRANCH BANKING AND TRUSTBy /s/ Xxxxxxx Xxxxx Secretary or Ass't Secretary Borrower: Enerwise Global Technologies, as a Bank By: Inc. By /s/ Xxxx Xxxxxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Xxxxxxx Xxxxxx, Vice President COMERICA BANKBy /s/ Xxxxxxx Xxxxx Secretary or Ass't Secretary Borrower: Alternative Energy Resources, as a Bank By: Inc. By /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxx Xxxxxxx Title: Assistant Xxxxxx, Vice President XXXXXXX SACHS BANK USABy /s/ Xxxxxxx Xxxxx Secretary or Ass't Secretary Partners For Growth Schedule to Loan and Security Agreement Borrower: Comverge, as Inc., a Bank ByDelaware corporation (“Comverge”) Address: /s/ Xxxx Xxxxxx Name0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Xxxx Xxxxxx TitleAlternative Energy Resources, Inc., a Delaware corporation (“AER”) Address: Authorized Signatory0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Enerwise Global Technologies, Inc., a Delaware corporation (“Enerwise”) Address: 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Comverge Giants, LLC, a Delaware limited liability company (“Giants”) Address: 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Public Energy Solutions, LLC, a New Jersey limited liability company (“PES”) Address: 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Public Energy Solutions NY, LLC, , a Delaware limited liability company (“PESNY”) Address: 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Borrower: Clean Power Markets, Inc., a Pennsylvania corporation (“CPM”) Address: 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 Date: November 5, 2010 This Schedule forms an integral part of the Loan and Security Agreement between PARTNERS FOR GROWTH III, L.P. and the above-Borrowers of even date.

Appears in 1 contract

Samples: Loan and Security Agreement (Comverge, Inc.)

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