BORROWERS Sample Clauses
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BORROWERS. The Available Securities may be loaned to any Borrower identified on the Schedule of Borrowers, as such Schedule may be modified from time to time by State Street and Client, including without limitation, the Capital Markets division of State Street; provided, however, if Available Securities are loaned to the Capital Markets division, in addition to being consistent with the terms hereof, said Loan shall be made in accordance with the terms of the Securities Loan Agreement attached hereto as Exhibit 3.1, as modified form time to time in accordance with the provisions hereof (hereinafter, the "State Street Securities Loan Agreement"). The form of the State Street Securities Loan Agreement may be modified by State Street from time to time, without the consent of the Client, in order to comply with the requirements of law or any regulatory authority having jurisdiction over State Street, the Client or the securities lending program or in any other manner that is not material and adverse to the interests of the Client. Client acknowledges that it is aware that State Street, acting as "Lender's Agent" hereunder and thereunder, is or may be deemed to be the same legal entity as State Street acting as "Borrower" under the State Street Securities Loan Agreement, notwithstanding the different designations used herein and therein or the dual roles assumed by State Street hereunder and thereunder. Client represents that the power granted herein to State Street, as agent, to lend U.S. Securities owned by Client (including, in legal effect, the power granted to State Street to make Loans to itself) and the other powers granted to State Street, as agent herein, are given expressly for the purpose of averting and waiving any prohibitions upon such lending or other exercise of such powers which might exist in the absence of such powers, and that transactions effected pursuant to and in compliance with this Agreement and the State Street Securities Loan Agreement will not constitute a breach of trust or other fiduciary duty by State Street. Client further acknowledges that it has granted State Street the power to effect securities lending transactions with the Capital Markets division of State Street and other powers assigned to State Street hereunder and under the Securities Loan Agreements and the State Street Securities Loan Agreement as a result of Client's desire to increase the opportunity for it to lend securities held in its account on fair and reasonable terms to...
BORROWERS. ARCHITECTURAL GRANITE & MARBLE, LLC By: Name: Title: Address: c/o Trive Capital ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇ Telecopy: LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: ▇▇▇ ▇▇ GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ...
BORROWERS. ▇▇▇▇▇▇▇ DYNAMICS, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent
BORROWERS. Advanced Infusion Systems, Inc. American X-Rays, Inc. C.P.C. of Louisiana, Inc. Community Behavioral Health System, Inc. Community Psychiatric Centers of Arkansas, Inc. Community Psychiatric Centers of California Community Psychiatric Centers of Florida, Inc. Community Psychiatric Centers of Idaho, Inc. Community Psychiatric Centers of Indiana, Inc. Community Psychiatric Centers of Kansas, Inc. Community Psychiatric Centers of Mississippi, Inc. Community Psychiatric Centers of Missouri, Inc. Community Psychiatric Centers of North Carolina, Inc. Community Psychiatric Centers of Oklahoma, Inc. Community Psychiatric Centers of Utah, Inc. Community Psychiatric Centers Properties Incorporated Community Psychiatric Centers Properties of Oklahoma, Inc. Community Psychiatric Centers Properties of Texas, Inc. Community Psychiatric Centers Properties of Utah, Inc. Courtland Gardens Health Center, Inc. CPC Investment Corp. CPC Managed Care Health Services, Inc. CPC of Georgia, Inc. CPC Properties of Arkansas, Inc. CPC Properties of Illinois, Inc. CPC Properties of Indiana, Inc. CPC Properties of Kansas, Inc. CPC Properties of Louisiana, Inc. CPC Properties of Mississippi, Inc. CPC Properties of Missouri, Inc. CPC Properties of North Carolina, Inc. First Rehab, Inc. Florida Hospital Properties, Inc. Health Care Holdings, Inc. Health Care Technology, Inc. Helian ASC of Northridge, Inc. Helian Health Group, Inc. Helian Recovery Corporation Homestead Health Center, Inc. Horizon Healthcare Services, Inc.
BORROWERS. UNITED RENTALS (NORTH AMERICA), INC., and as a Guarantor By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President, Treasurer UNITED RENTALS OF CANADA, INC., and as a Guarantor By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President, Treasurer UNITED RENTALS INTERNATIONAL B.V. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director UNITED RENTALS UK LIMITED By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director UNITED RENTALS S.A.S. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: President UNITED RENTALS B.V. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director UNITED RENTALS GMBH By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Managing Director UNITED RENTALS PR, INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President, Treasurer [Signature Page to Third Amended and Restated Credit Agreement] UNITED RENTALS HIGHWAY TECHNOLOGIES GULF, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President, Treasurer UNITED RENTALS (DELAWARE), INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President, Treasurer UNITED RENTALS REALTY, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President, Treasurer BANK OF AMERICA, N.A., as the Agent, U.S. Swingline Lender and Letter of Credit Issuer By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A. (acting through its London branch), as ROW Swingline Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ BANK OF AMERICA, N.A. (acting through its Canada branch), as the Agent (as applicable), Canadian Swingline Lender and Letter of Credit Issuer (as applicable) By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇ ▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ BANK OF AMERICA ▇▇▇▇▇▇▇ ▇▇▇▇▇ INTERNATIONAL, DESIGNATED ACTIVITY COMPANY, as French Swingline Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President Address: ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ 1LR Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy No.: BANK OF AMERICA, N.A. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ BANK OF AMERICA, N.A. (a...
BORROWERS. TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation
BORROWERS. The Available Securities may be loaned to any Borrower identified on Schedule D, the Schedule of Approved Borrowers, as such schedule may be modified from time to time by State Street and the Fund as stated herein. In no event may Available Securities be loaned to any Borrower who is an affiliate of State Street, whether or not such Borrower is listed on Schedule D. State Street shall provide the Funds with a list of current Borrowers that State Street has selected, and shall update such list monthly except where such list remains unchanged from the previous month. Except for any potential Borrowers with respect to whom a Fund notifies State Street in writing that the Borrower is unacceptable, the updated list shall become the amended Schedule D. Any Borrowers deleted from State Street’s list of current Borrowers shall automatically be deleted at the same time from Schedule D. State Street shall not be responsible for any statements, representations, warranties or covenants made by any Borrower in connection with any Loan or for any Borrower’s performance of or failure to perform the terms of any Loan under the applicable Securities Loan Agreement or any related agreement, including the failure to make any required payments, except as otherwise expressly provided herein.
BORROWERS. ▇▇▇▇▇▇ & NOBLE BOOKSELLERS, INC., a Delaware corporation ▇▇▇▇▇▇ & ▇▇▇▇▇ INTERNATIONAL LLC, a Delaware limited liability company ▇▇▇▇▇▇ & NOBLE MARKETING SERVICES LLC, a Virginia limited liability company ▇▇▇▇▇▇ & ▇▇▇▇▇ PURCHASING, INC., a New York corporation ▇▇▇▇▇▇ & NOBLE SERVICES, INC., a New York corporation NOOK DIGITAL LLC, a Delaware limited liability company STERLING PUBLISHING CO., INC., a Delaware corporation By: Name: Title: FOR VALUE RECEIVED, the undersigned (individually, a “Borrower” and, collectively, the “Borrowers”), jointly and severally promise to pay to the order of Bank of America, N.A., a national banking association with offices at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter, with any subsequent holders, the “Swing Line Lender”), the aggregate unpaid principal amount of Swing Line Loans made by the Swing Line Lender to or for the account of any Borrower pursuant to the Credit Agreement dated as of August 3, 2015 (as amended, amended and restated, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) by, among others, (i) the Borrowers, (ii) the Guarantors from time to time party thereto, (iii) the Lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), (iv) the Swing Line Lender, (v) Bank of America, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, (vi) JPMorgan Chase Bank, N.A., ▇▇▇▇▇ Fargo Bank, National Association, and SunTrust Bank, as Co-Syndication Agents and (vii) Citizens Bank, N.A. and Regions Bank, as Co-Documentation Agents, with interest at the rate and payable in the manner stated therein. This is a “Swing Line Note” to which reference is made in the Credit Agreement and is subject to all terms and provisions thereof. The principal of, and interest on, this Swing Line Note shall be payable at the times, in the manner, and in the amounts as provided in the Credit Agreement and shall be subject to prepayment and acceleration as provided therein. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The Administrative Agent’s books and records concerning the Swing Line Loans, the accrual of interest thereon, and the repayment of such Swing Line Loans, shall be prima facie evidence of the indebtedness to the Swing Line Lender hereunder, absent manifest error. No delay or omission by any Agent or the Swing Line Le...
BORROWERS. Securities may be lent to any Borrower selected by Chase in Chase's sole discretion, in accordance with the terms hereof. In that connection, Appendix 1 may be amended from time to time by Chase on notice to Lender.
BORROWERS. Securities may be lent to any Borrower listed in Appendix 1, as such Appendices may be updated from time to time to add new Borrowers and to delete entities that have ceased to be potential Borrowers. Chase will provide Lender with notice of each addition of a Borrower to such list. If Lender notifies Chase in writing within twenty Business Days from the date of any such notice that it objects to a potential Borrower, no Loans of Securities will be made to such potential Borrower. If Lender does not so object within such twenty Business Day period, each potential Borrower notified to Lender by Chase shall be deemed acceptable to Lender. If Lender notifies Chase that a Borrower or potential Borrower is not acceptable, Chase shall be responsible for ensuring that no Securities are lent to such entity.