BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:
BORROWERS. GRANT PRIDECO, LP, individually, as a Borrower and as US Funds Administrator By: Reed-Hycalog, LLC, its general partner By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx XL SYSTEMS, L.P., By: Grant Prideco Holding, LLC, its general partner By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx TEXAS ARAI, INC., By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx TUBE-ALLOY CORPORATION, By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx STAR OPERATING COMPANY, By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx REED-HYCALOG OPERATING, L.P., By: Xxxnt Prideco Holding, LLC, its general partner By: ----------------------------------------- Philip A. Choyce Title: Vice Presxxxxx GRANT PRIDECO CANADA LTD., individually, as a Borrower and as Canadian Funds Administrator By: ----------------------------------------- Title: -------------------------------------- GUARANTOR: GRANT PRIDECO, INC., By: ----------------------------------------- Title: -------------------------------------- AGENT: DEUTSCHE BANK TRUST COMPANY AMERICAS, as Agent By: ----------------------------------------- Title: -------------------------------------- CANADIAN AGENT: DEUTSCHE BANK AG, CANADA BRANCH, as Canadian Agent By: ----------------------------------------- Title: -------------------------------------- S-2 DOCUMENTATION AGENT: TRANSAMERICA BUSINESS CAPITAL CORPORATION By: ----------------------------------------- Title: -------------------------------------- CO-SYNDICATION AGENTS: JPMORGAN CHASE BANK By: ----------------------------------------- Title: -------------------------------------- MERRILL LYNCH CAPITAL, A DIVISION XX XXXXIXX XXNCH BUSINESS FINANCIAL SXXXXXXX XXX. By: ----------------------------------------- Title: -------------------------------------- LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: ----------------------------------------- Title: -------------------------------------- DEUTSCHE BANK AG, CANADA BRANCH By: ----------------------------------------- Title: -------------------------------------- SCHEDULE A TO CREDIT AGREEMENT DATED AS OF DECEMBER 19, 2002 CLOSING DOCUMENT LIST
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. UNITED RENTALS (NORTH AMERICA), INC., and as a Guarantor By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President, Treasurer UNITED RENTALS OF CANADA, INC., and as a Guarantor By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President, Treasurer UNITED RENTALS INTERNATIONAL B.V. By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director UNITED RENTALS UK LIMITED By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director UNITED RENTALS S.A.S. By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: President UNITED RENTALS B.V. By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director UNITED RENTALS GMBH By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director UNITED RENTALS PR, INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President, Treasurer [Signature Page to Third Amended and Restated Credit Agreement] GUARANTORS UNITED RENTALS HIGHWAY TECHNOLOGIES GULF, LLC By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President, Treasurer UNITED RENTALS (DELAWARE), INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President, Treasurer UNITED RENTALS REALTY, LLC By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President, Treasurer BANK OF AMERICA, N.A., as the Agent, U.S. Swingline Lender and Letter of Credit Issuer By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Senior Vice President BANK OF AMERICA, N.A. (acting through its London branch), as ROW Swingline Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Senior Vice President Address: 000 Xxxxxx Xx., Xxxxxxxx, XX, 00000 Attn: Xxxxxxx X. Xxxxxxxx Telecopy No.: 000-000-0000 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/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Vice President Address: 000 Xxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX, X0X 0X0 Attn: Xxxxxx Xxxxxxxxxx Telecopy No.: 000-000-0000 BANK OF AMERICA XXXXXXX XXXXX INTERNATIONAL, DESIGNATED ACTIVITY COMPANY, as French Swingline Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President Address: 00 Xxxxxxxx Xxxx, Xxxxxxx, Xxxx XX0 1LR Attn: Xxxxxxxx Xxxxxxx Telecopy No.: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Senior Vice President Address: 000 Xxxxxx Xx., Xxxxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxxx Telecopy No.: 000-000-0000 BANK OF AMERI...
BORROWERS. CYPRESS ENERGY PARTNERS, L.P., By: Cypress General Partners GP, LLC, its general partner CYPRESS ENERGY PARTNERS, LLC CYPRESS ENERGY PARTNERS-TIR, LLC By: Name: Pxxxx X. Xxxxxx III Title: President and Chief Executive Officer TULSA INSPECTION RESOURCES, LLC By: Name: Rxxxxxx Xxxxxx Title: President and Chief Executive Officer EXHIBIT A-2 TO CREDIT AGREEMENT FORM OF SWING LINE NOTE $[_______] [DATE] The undersigned Borrowers (collectively, the “Borrowers”), for value received, hereby jointly and severally promise to pay to [DEUTSCHE BANK AG, NEW YORK BRANCH (the “Swing Line Lender”) the principal sum of [AMOUNT] ($[_______]) or, if less, the amount of Swing Line Loans loaned by the Swing Line Lender to the Borrowers pursuant to the Credit Agreement referred to below, in lawful money of the United States of America and in immediately available funds, on the date(s) and in the manner provided in the Credit Agreement. The Borrowers also jointly and severally promise to pay interest on the unpaid principal balance hereof, for the period such balance is outstanding, in like money, at the rates of interest as provided in the Credit Agreement described below, on the date(s) and in the manner provided in the Credit Agreement. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest to be paid in accordance with the Credit Agreement, from the date hereof until the date of actual payment (and before as well as after judgment) computed at the rate per annum set forth in the Credit Agreement. This Swing Line Note is issued pursuant to, and is entitled to the benefits of, that certain Credit Agreement, dated as of December 24, 2013, by and among Cypress Energy Partners, L.P., as the borrowers’ agent, the Borrowers, each additional borrower that becomes a signatory thereto from time to time, Deutsche Bank AG, New York Branch, as lender, issuing bank, swing line lender and collateral agent, Deutsche Bank Trust Company Americas, as administrative agent, and the several banks and other financial institutions or entities party thereto as “Lenders” (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), and evidences the Swing Line Loans made by the Swing Line Lender to the Borrowers thereunder. All capitalized terms used but not defined herein shall have the meanings specified in the Credit Agreement. This Swing Line Note is also entitled to the benefits of any Guaranty and is secured by the Co...
BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Its: Authorized Signatory
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. MIDCOAST ENERGY PARTNERS, L.P. a Delaware limited partnership, as Borrower By: Midcoast Holdings, L.L.C., its General Partner By: /s/ Noor X. Xxxxxx Noor X. Xxxxxx Controller MIDCOAST OPERATING, L.P. a Texas limited partnership, as Opco Borrower By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx President of Enbridge Energy Management, L.L.C. and an Authorized Signatory on behalf of Opco Borrower SUBSIDIARY GUARANTORS: ENBRIDGE G&P (EAST TEXAS) L.P. a Texas limited partnership, as a Subsidiary Guarantor ENBRIDGE PIPELINES (EAST TEXAS) L.P. a Texas limited partnership, as a Subsidiary Guarantor ENBRIDGE G&P (OKLAHOMA) L.P. a Texas limited partnership, as a Subsidiary Guarantor XXXXXXXX XXXXXXXXX (XXXXX XXXXX) L.P. a Texas limited partnership, as a Subsidiary Guarantor ENBRIDGE G&P (NORTH TEXAS) L.P. a Texas limited partnership, as a Subsidiary Guarantor ELTM, L.P. a Delaware limited partnership, as a Subsidiary Guarantor ENBRIDGE PIPELINES (TEXAS GATHERING) L.P. a Delaware limited partnership, as a Subsidiary Guarantor XXXXXXXX XXXXXXXXX (XXXXX XXXXX) L.P. a Delaware limited partnership, as a Subsidiary Guarantor By: Enbridge Holdings (Texas Systems) L.L.C., the General Partner of each of Enbridge G&P (East Texas) L.P., Enbridge Pipelines (East Texas) L.P., Enbridge G&P (Oklahoma) L.P., Xxxxxxxx Xxxxxxxxx (Xxxxx Xxxxx) L.P., Enbridge G&P (North Texas) L.P., ELTM, L.P., Enbridge Pipelines (Texas Gathering) L.P. and Xxxxxxxx Xxxxxxxxx (Xxxxx Xxxxx) L.P. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Assistant Treasurer ENBRIDGE ENERGY MARKETING, L.L.C. a Delaware limited liability company, as a Subsidiary Guarantor By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Treasurer MIDCOAST OLP GP, L.L.C. a Delaware limited liability company, as a Subsidiary Guarantor By: /s/ Noor X. Xxxxxx Noor X. Xxxxxx Controller ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, and an L/C Issuer By: /s/ Xxxxx K.G. Xxxxxxxx Name: Xxxxx K.G. Xxxxxxxx Title: Director SUBORDINATED CREDITORS: ENBRIDGE ENERGY PARTNERS, L.P. By: Enbridge Energy Management, L.L.C., as delegate of Enbridge Energy Company, Inc., as General Partner By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx President Address for Notices Enbridge Energy Partners, L.P. 0000 Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000-0000 Attention: Xxxxx Xxxxxxx Vice President—US Law Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Electronic Mail: Xxxxx.Xxxxxxx@xxxxxxxx.xxx With a copy to: Enbridge Energy Partners, L.P. C/O Enbridge Inc. ...
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. WAVE2WAVE COMMUNICATIONS, INC. By /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx President WILMINGTON TRUST COMPANY AND XXXXXX XXXX 1VIENNEN AS CO-TRUSTEES U/A/D NOVEMBER 25, 1970, AS AMENDED FOR THE BENEFIT OF XXXX XXXXX XXXXXX By: /s/ Xxxxxx Xxxx Xxxxxx Xxxxxx Xxxx Xxxxxx, Co-Trustee 1T/A/D November 25, 1970, as amended for the benefit of Xxxx Xxxxx Xxxxxx By: Wilmington Trust Company, Co-Trustee U/A/D November 25, 1970, as amended for the benefit of Xxxx Xxxxx Xxxxxx By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Vice President LENDER: GREYSTONE BUSINESS CREDIT II, L.L.C. By /s/ [Ilegible signature] Print Name Its CONSENT AND REAFFIRMATION Each of Wave2Wave VoIP Communications, LLC, a Delaware limited liability company (“VoIP”), Wave2Wave Data Communications, LLC, a Delaware limited liability company (“Data”), and Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (“Region” and, together the VoIP and Data, each a “Guarantor” and collectively the “Guarantors” hereby (i) acknowledges receipt of a copy of the foregoing First Amendment to Loan and Security Agreement (the “Amendment”) among Wave2Wave Communications, Inc., a Delaware corporation, Wilmington Trust. Company and Xxxxxx Xxxx Xxxxxx as Co-Trustees U/A/D November 25, 1970, as amended for the benefit of Xxxx Xxxxx Xxxxxx and Greystone Business Credit II, L.L.C.; (ii) consents to Borrower’s execution and delivery of the Amendment and (iii) reaffirms its obligations under the Corporate Guaranty dated as of October 12, 2007 (the “Guaranty”). Although Guarantors have been informed of the matters set forth herein and have acknowledged and agreed to same, Guarantors understand that Lender has no obligation to inform Guarantors of such matters in the future or to seek Guarantors’ acknowledgment or agreement to future amendments, waivers or consents, and nothing herein shall create such a duty. Each of the undersigned further agrees that after giving effect to the Amendment, the Guaranty shall remain in full force and effect.
