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. AMERICAN TIRE DISTRIBUTORS, INC., as a U.S. Borrower By: /s/ J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and General Counsel AM-PAC TIRE DIST. INC., as a U.S. Borrower By: /s/ J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President and Secretary TRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC., as a Canadian Borrower By: /s/ J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President and Secretary Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) GUARANTORS: By: /s/ J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and General Counsel By: /s/ J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President and Secretary Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) AGENT AND LENDERS: BANK OF AMERICA, N.A., as Agent, a U.S. Revolving Lender and a Tranche B Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President BANK OF AMERICA, N.A., (acting through its Canada branch), as a Canadian Revolving Lender and a Tranche C Lender By: /s/ ▇▇▇▇▇▇ Sales ▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ Sales ▇▇ ▇▇▇▇▇▇▇ Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ▇▇▇▇▇ FARGO CAPITAL FINANCE, LLC, as a U.S. Revolving Lender and a Tranche B Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Duly Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ▇▇▇▇▇ FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Revolving Lender and a Tranche C Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) BARCLAYS BANK PLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ROYAL BANK OF CANADA, as a U.S. Revolving Lender By: /s/ ▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) ROYAL BANK OF CANADA, as a Canadian Revolving Lender By: /s/ ▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory Second Amendment to Sixth Amended and Restated Credit Agreement (American Tire) UBS AG, STAMFORD BRANCH, as a U.S. Revolving Lender and a Canadian Revolving Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇...
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. Each Borrower and the Guarantor acknowledges, agrees, represents and warrants the following:
(i) The Lenders have been induced to make the Loans to the Borrower Parties in part based upon the assurances by each Borrower and the Guarantor that such Borrower and the Guarantor desires that the Obligations under the Loan Documents be honored and enforced as separate obligations of such Borrower or the Guarantor, should Administrative Agent and the Lenders desire to do so.
(ii) Notwithstanding the foregoing, Borrowers and the Guarantor shall be and are jointly and severally liable to the Administrative Agent and the Lenders for all representations, warranties, covenants, obligations and indemnities, including, without limitation, the Loans and the other Obligations, and Administrative Agent and the Lenders may at their option enforce the entire amount of the Loans and the other Obligations against any one or more Borrowers or the Guarantor.
(iii) Administrative Agent (on behalf of the Lenders) may exercise remedies against each Loan Party and its respective property separately, whether or not Administrative Agent exercises remedies against any other Loan Party or any or its respective property or any Lien on any Collateral. The Administrative Agent may enforce one or more Loan Party’s obligations without enforcing any other Loan Party’s obligations or any Liens on any portion of the Collateral without enforcing any Liens on all or any other portion of the Collateral and vice versa. Any failure or inability of Administrative Agent to enforce one or more Loan Party’s obligations or any such Liens on all or any portion of the Collateral shall not in any way limit Administrative Agent’s right to enforce the obligations of any other Loan Party or any other Liens on all or any portion of the Collateral. If Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Obligations only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Obligations secured by such Collateral Documents under the applicable state law.
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. Interamericana Health Care Group
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. ▇▇▇▇▇▇▇ 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. CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., as a Borrower By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET LP GP, LLC, as a Borrower By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET OPERATING, LLC, as a Borrower By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET LUBRICANTS CO., LIMITED PARTNERSHIP, as a Borrower By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET SHREVEPORT LUBRICANTS & WAXES, LLC, as a Borrower By: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET SHREVEPORT FUELS, LLC, as a BorrowerBy: Calumet Lubricants Co., Limited Partnership, its sole member By: Calumet LP GP, LLC, its general partner By: Calumet Operating, LLC, its sole member By: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Name: R. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, II Title: Executive Vice President and Chief Financial Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUM...
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.