BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President
Appears in 1 contract
Sources: Term Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTINTEGRATED HEALTHCARE HOLDINGS, LLCINC., a Delaware limited liability company Nevada corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCChief Executive Officer WMC-A, LLCINC., a Delaware limited liability company California corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBLChief Executive Officer WMC-SA, LLCINC., a Delaware limited liability company California corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERChief Executive Officer COASTAL COMMUNITIES HOSPITAL, LLCINC., a Delaware limited liability company California corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNERChief Executive Officer ▇▇▇▇▇▇▇ MEDICAL CENTER, LLCINC., a Delaware limited liability company California corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNERChief Executive Officer CREDIT PARTIES AND GUARANTORS: PACIFIC COAST HOLDINGS INVESTMENT, LLC, a Delaware California limited liability company By: /s/ P▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇, M.D. Name: P▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ , M.D. Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company Co-Manager By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ , M.D. Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇, M.D. Title: Co-Manager CREDIT PARTIES: GANESHA REALTY, LLC, a California limited liability company By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. Title: Manager LENDERS: SPCP GROUP IV, LLC, a Delaware limited liability company By: Silver Point C&I Opportunity GP, LLC By: /s ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice PresidentAuthorized Signatory SPCP GROUP, LLC, a Delaware limited liability company By: /s ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory LENDER AGENT: SILVER POINT FINANCE, LLC, a Delaware limited liability company By: /s ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory For purposes of Sections 10(a), 10(c), 11, 12 and 14 of this Omnibus Amendment only: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. For purposes of Sections 10(a), 10(c), 11, 12 and 16 of this Omnibus Amendment only KPC RESOLUTION COMPANY, LLC, a California limited liability company By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, M.D. Title: Manager Lender Agent.
Appears in 1 contract
Sources: Omnibus Credit Agreement Amendment (Integrated Healthcare Holdings Inc)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTSOURCE INTERLINK COMPANIES, LLCINC. a Delaware corporation, as successor by merger to SOURCE INTERLINK COMPANIES, INC., a Missouri corporation SOURCE U.S. MARKETING SERVICES, INC. a Delaware limited liability company By: /s/ P▇▇▇ ▇corporation BRAND MANUFACTURING CORP. a New York corporation SOURCE-MYCO, INC. a Delaware corporation SOURCE-YEAGER INDUSTRIES, INC. a De▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, corporation SOURCE-HUCK STORE FIXTURE COMPANY a Delaware limited liability company corporation HUCK STORE FIXTURE COMPANY OF NORTH CAROLINA a North Carolina corporation INTERNATIONAL PERIODICAL DISTRIBUTORS, INC. a Nevada corporation SOURCE INTERLINK INTERNATIONAL INC. a Delaware corporation PRIMARY SOURCE, INC. a Delaware corporation SOURCE HOME ENTERTAINMENT, INC. a Delaware corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Marc Fierman ------------------------------------ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Marc Fierman Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ MExec▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ resident & Chief Financial Officer ALLIGATOR ACQUISITION LLC as successor by merger to ALLIANCE ENTERTAINMENT CORP., a Delaware corporation By: SOURCE INTERLINK COMPANIES, INC. its sole member By: /s/ Marc Fierman ------------------------------------ Name: MMarc Fierman Title: Exec▇▇▇▇▇ ▇▇▇▇ ▇resident & Chief Financial Officer AEC ONE STOP GROUP, INC. a Delaware corporation By: /s/ Marc Fierman ------------------------------------ Name: Marc Fierman Title: Exec▇▇▇▇▇ ▇▇▇▇ ▇resident & Chief Financial Officer AEC SUPERMARKET SERVICES GROUP, LLC a Delaware limited liability company By: AEC ONE STOP GROUP, INC. its sole member By: /s/ Marc Fierman ------------------------------------ Name: Marc Fierman Title: Vice PresidentExec▇▇▇▇▇ ▇▇▇▇ ▇resident & Chief Financial Officer GUARANTORS: THE SOURCE-CANADA CORP. an Ontario corporation SOURCE INTERLINK CANADA INC. a British Columbia corporation SOURCE-CHESTNUT DISPLAY SYSTEMS, INC. a Delaware corporation
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTAMB-SGP CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSenior Vice President AMB-SGP CIF-CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBLSenior Vice President AMB-SGP CIF-I, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERSenior Vice President AMB-SGP DOCKS, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNERSenior Vice President AMB-SGP GEORGIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNERSenior Vice President AMB-SGP CIF-ILLINOIS, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LPL.P., a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GPAMB SGP CIF-Illinois GP LLC, a Delaware limited liability company, its general partner By: AMB Property II, L.P., a Delaware limited partnership, its sole member By: Texas AMB I, LLC, a Delaware limited liability company, its general partner By: AMB Property Holding Corporation, a Maryland corporation, its sole member By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNERSenior Vice President AMB-SGP TX/IL SUB, LPLLC a Delaware limited liability company By: AMB SGP TX/IL, L.P., a Delaware limited partnership partnership, its sole member By: ARC Hospitality NBL NTC Owner GPAMB Property II, L.P., a Delaware limited partnership, its general partner By: Texas AMB I, LLC, a Delaware limited liability company, its general partner By: AMB Property Holding Corporation, a Maryland corporation, its sole member By: /s/ PG▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PG▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation By: /s/ F▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNERVice President PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, a Delaware limited liability company By: /s/ PR▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: JR▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ MVice President 2▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇ Bulk Warehouse 1,205,623 3 % South Brunswick $ 47,047,000 $ 24,680,000 $ 6,170,000 $ 12,958,000 $ 3,239,000 1▇▇-▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 65,363 24 % JFK Airgate $ 5,879,000 $ 3,084,000 $ 771,000 $ 1,619,000 $ 405,000 1▇▇-▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 66,135 42 % JFK Airgate $ 6,489,000 $ 3,404,000 $ 851,000 $ 1,787,000 $ 447,000 1▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentJamaica NY Warehouse 72,952 28 % JFK Airgate $ 7,124,000 $ 3,737,000 $ 934,000 $ 1,962,000 $ 491,000 1▇▇-▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Office 24,724 98 % JFK Airgate $ 4,846,000 $ 2,541,000 $ 636,000 $ 1,335,000 $ 334,000 JFK Airgate Total 229,174 38 % JFK Airgate $ 24,338,000 $ 12,766,000 $ 3,192,000 $ 6,703,000 $ 1,677,000 2▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Warehouse 77,825 26 % Atlanta Airport $ 3,936,000 $ 2,065,000 $ 516,000 $ 1,084,000 $ 271,000 2▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Warehouse 132,360 18 % Atlanta Airport $ 5,327,000 $ 2,794,000 $ 699,000 $ 1,467,000 $ 367,000 2▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Bulk Warehouse 137,430 4 % Atlanta Airport $ 5,003,000 $ 2,625,000 $ 656,000 $ 1,378,000 $ 344,000 2▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Bulk Warehouse 125,000 6 % Atlanta Airport $ 4,233,000 $ 2,221,000 $ 555,000 $ 1,166,000 $ 291,000 1▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Light Industrial 93,440 15 % Atlanta Airport $ 4,476,000 $ 2,348,000 $ 587,000 $ 1,233,000 $ 308,000 2▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Light Industrial 49,217 57 % Atlanta Airport $ 2,950,000 $ 1,548,000 $ 387,000 $ 812,000 $ 203,000 5▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Forest Park GA Bulk Warehouse 297,000 4 % Atlanta Airport $ 8,062,000 $ 4,229,000 $ 1,058,000 $ 2,220,000 $ 555,000 5▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Forest Park GA Bulk Warehouse 134,500 8 % Atlanta Airport $ 4,621,000 $ 2,424,000 $ 606,000 $ 1,273,000 $ 318,000 5▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Warehouse 122,400 7 % Atlanta Airport $ 5,063,000 $ 2,656,000 $ 664,000 $ 1,394,000 $ 349,000 5▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Forest Park GA Light Industrial 34,288 30 % Atlanta Airport $ 1,847,000 $ 969,000 $ 242,000 $ 509,000 $ 127,000 5▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Forest Park GA Light Industrial 34,288 17 % Atlanta Airport $ 1,574,000 $ 826,000 $ 207,000 $ 433,000 $ 108,000 1▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Light Industrial 60,264 31 % Atlanta Airport $ 2,888,000 $ 1,515,000 $ 379,000 $ 795,000 $ 199,000 1▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ Warehouse 48,718 17 % Atlanta Airport $ 2,093,000 $ 1,096,000 $ 274,000 $ 580,000 $ 143,000 3▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇ Warehouse 68,244 14 % Chicago North C▇▇▇ $ 1,940,000 $ 1,018,000 $ 254,000 $ 534,000 $ 134,000 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ Elk Grove Village IL Warehouse 29,633 14 % Chicago O’▇▇▇▇ $ 808,000 $ 424,000 $ 106,000 $ 222,000 $ 56,000 1▇▇▇ ▇▇▇▇▇▇ ▇▇▇ Elk Grove Village IL Warehouse 35,908 10 % Chicago O’▇▇▇▇ $ 1,084,000 $ 569,000 $ 142,000 $ 298,000 $ 75,000 1▇▇▇ ▇▇▇▇▇ ▇▇▇ Elk Grove Village IL Warehouse 62,500 6 % Chicago O’▇▇▇▇ $ 2,481,000 $ 1,302,000 $ 325,000 $ 683,000 $ 171,000 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ Elk Grove Village IL Warehouse 35,493 10 % Chicago O’▇▇▇▇ $ 1,097,000 $ 575,000 $ 144,000 $ 302,000 $ 76,000 1▇▇▇ ▇▇▇▇▇▇▇▇▇ Elk Grove Village IL Warehouse 50,695 9 % Chicago O’▇▇▇▇ $ 1,627,000 $ 854,000 $ 213,000 $ 448,000 $ 112,000 Elk Grove Total 214,229 9 % Chicago O’▇▇▇▇ $ 7,097,000 $ 3,724,000 $ 930,000 $ 1,953,000 $ 490,000 1131-1139 Bryn Mawr Itasca IL Warehouse 125,955 5 % Chicago O’▇▇▇▇ $ 5,883,000 $ 3,086,000 $ 772,000 $ 1,620,000 $ 405,000 1▇▇▇-▇▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ Warehouse 93,211 5 % Chicago O’▇▇▇▇ $ 3,474,000 $ 1,822,000 $ 456,000 $ 957,000 $ 239,000 1151-1159 Bryn Mawr Itasca IL Warehouse 93,640 16 % Chicago O’▇▇▇▇ $ 4,163,000 $ 2,184,000 $ 546,000 $ 1,146,000 $ 287,000 900-950 Hollywood Itasca IL Warehouse 83,520 6 % Chicago O’▇▇▇▇ $ 3,163,000 $ 1,659,000 $ 415,000 $ 871,000 $ 218,000 Itasca Total 396,326 8 % Chicago O’▇▇▇▇ $ 16,683,000 $ 8,751,000 $ 2,189,000 $ 4,594,000 $ 1,149,000 7▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 96,960 15 % Chicago West Suburbs $ 4,756,000 $ 2,495,000 $ 624,000 $ 1,310,000 $ 327,000 7▇▇ ▇▇▇▇▇▇ ▇▇▇ Addison IL Bulk Warehouse 195,131 11 % Chicago West Suburbs $ 7,838,000 $ 4,112,000 $ 1,028,000 $ 2,158,000 $ 540,000 7▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 54,142 32 % Chicago West Suburbs $ 3,098,000 $ 1,625,000 $ 406,000 $ 854,000 $ 2▇▇,▇▇▇ ▇▇▇▇▇▇ ▇▇▇ Total 346,233 15 % Chicago West Suburbs $ 15,692,000 $ 8,232,000 $ 2,058,000 $ 4,322,000 $ 1,080,000 7▇▇ ▇▇▇▇▇ ▇▇▇ Wheeling IL Warehouse 82,000 15 % Chicago North C▇▇▇ $ 2,467,000 $ 1,294,000 $ 324,000 $ 679,000 $ 170,000 9▇▇-▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇ Light Industrial 43,958 11 % Chicago O’▇▇▇▇ $ 1,273,000 $ 668,000 $ 167,000 $ 350,000 $ 88,000 8▇▇-▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇ Light Industrial 45,760 12 % Chicago O’▇▇▇▇ $ 1,101,000 $ 578,000 $ 144,000 $ 303,000 $ 76,000 Wood D▇▇▇ Total 89,718 12 % Chicago O’▇▇▇▇ $ 2,374,000 $ 1,246,000 $ 311,000 $ 653,000 $ 164,000 7▇▇-▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Elk Grove IL Light Industrial 54,450 9 % Chicago O’▇▇▇▇ $ 1,959,000 $ 1,028,000 $ 257,000 $ 539,000 $ 135,000 8▇▇-▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Elk Grove IL Light Industrial 65,140 9 % Chicago O’▇▇▇▇ $ 1,903,000 $ 998,000 $ 250,000 $ 524,000 $ 131,000 B▇▇▇▇▇ ▇▇▇▇ Total 119,590 9 % Chicago O’▇▇▇▇ $ 3,862,000 $ 2,026,000 $ 507,000 $ 1,063,000 $ 266,000 1▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇ ▇▇ Flex Industrial 25,600 100 % DFW Richardson $ 2,032,000 $ 1,066,000 $ 266,000 $ 560,000 $ 140,000 20640-20810 F▇▇▇▇▇▇ Ave Carson CA Bulk Warehouse 300,636 2 % LA South Bay $ 18,251,000 $ 9,574,000 $ 2,394,000 $ 5,026,000 $ 1,257,000 18955-18979 East Railroad Ave City of Industry CA Bulk Warehouse 89,924 5 % LA San G▇▇▇▇▇▇ $ 4,376,000 $ 2,296,000 $ 574,000 $ 1,205,000 $ 301,000 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 100,000 4 % LA San G▇▇▇▇▇▇ $ 4,866,000 $ 2,553,000 $ 638,000 $ 1,340,000 $ 335,000 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 75,000 9 % LA San G▇▇▇▇▇▇ $ 3,334,000 $ 1,749,000 $ 437,000 $ 918,000 $ 230,000 1▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ City of Industry CA Bulk Warehouse 194,471 5 % LA San G▇▇▇▇▇▇ $ 9,258,000 $ 4,857,000 $ 1,214,000 $ 2,550,000 $ 637,000 City of Industry Total 459,395 5 % LA San G▇▇▇▇▇▇ $ 21,834,000 $ 11,455,000 $ 2,863,000 $ 6,013,000 $ 1,503,000 1▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 60,000 10 % LA Mid Counties $ 3,023,000 $ 1,586,000 $ 396,000 $ 833,000 $ 208,000 3▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Leandro CA Warehouse 32,640 0 % San Leandro $ 3,473,000 $ 1,822,000 $ 455,000 $ 957,000 $ 239,000 3▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Leandro CA Warehouse 109,094 8 % San Leandro $ 5,372,000 $ 2,818,000 $ 705,000 $ 1,479,000 $ 370,000 2▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Leandro CA Warehouse 200,800 19 % San Leandro $ 10,528,000 $ 5,523,000 $ 1,381,000 $ 2,901,000 $ 723,000 2▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Leandro CA Warehouse 310,432 10 % San Leandro $ 18,355,000 $ 9,629,000 $ 2,407,000 $ 5,055,000 $ 1,264,000 3▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Leandro CA Warehouse 43,059 20 % San Leandro $ 2,622,000 $ 1,375,000 $ 344,000 $ 722,000 $ 181,000 A▇▇▇▇▇▇▇ Business Center Total 696,025 12 % San Leandro $ 40,350,000 $ 21,167,000 $ 5,292,000 $ 11,114,000 $ 2,777,000 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 18,000 0 % San Leandro $ 2,274,000 $ 1,193,000 $ 298,000 $ 626,000 $ 157,000 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 80,080 7 % San Leandro $ 4,397,000 $ 2,307,000 $ 577,000 $ 1,211,000 $ 302,000 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 157,324 5 % San Leandro $ 7,640,000 $ 4,008,000 $ 1,002,000 $ 2,104,000 $ 526,000 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Bulk Warehouse 115,660 6 % San Leandro $ 6,477,000 $ 3,398,000 $ 849,000 $ 1,784,000 $ 4▇▇,▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Total 371,064 6 % San Leandro $ 20,788,000 $ 10,906,000 $ 2,726,000 $ 5,725,000 $ 1,431,000 9▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 99,501 12 % LA Mid Counties $ 4,138,000 $ 2,171,000 $ 543,000 $ 1,140,000 $ 284,000 9▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 71,156 10 % LA Mid Counties $ 4,253,000 $ 2,231,000 $ 558,000 $ 1,171,000 $ 293,000 11925-11933 Los Nietos Santa Fe Springs CA Flex Industrial 22,764 55 % LA Mid Counties $ 1,795,000 $ 942,000 $ 235,000 $ 494,000 $ 124,000 9▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Flex Industrial 19,536 44 % LA Mid Counties $ 1,686,000 $ 884,000 $ 221,000 $ 464,000 $ 117,000 Los Nietos Total 212,957 19 % LA Mid Counties $ 11,872,000 $ 6,228,000 $ 1,557,000 $ 3,269,000 $ 818,000 4▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Warehouse 132,652 11 % Fremont $ 6,301,000 $ 3,305,000 $ 826,000 $ 1,735,000 $ 435,000 4▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Light Industrial 33,600 42 % Fremont $ 1,676,000 $ 879,000 $ 220,000 $ 462,000 $ 115,000 4▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Light Industrial 33,610 42 % Fremont $ 1,982,000 $ 1,040,000 $ 260,000 $ 546,000 $ 136,000 Milmont Page Total 199,862 21 % Fremont $ 9,959,000 $ 5,224,000 $ 1,306,000 $ 2,743,000 $ 686,000 8▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Oakland CA Warehouse 33,411 16 % Oakland $ 3,318,000 $ 1,741,000 $ 435,000 $ 914,000 $ 228,000 Portfolio Total 6,456,817 10 % Various $ 305,000,000 $ 160,000,000 $ 40,000,000 $ 84,000,000 $ 21,000,000 # PROPERTY B▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTCOFFEYVILLE RESOURCES, LLCLLC COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, a Delaware limited liability company LLC COFFEYVILLE RESOURCES REFINING & MARKETING, LLC COFFEYVILLE RESOURCES TERMINAL, LLC COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCChief Executive Officer OTHER CREDIT PARTIES: COFFEYVILLE PIPELINE, LLCINC. COFFEYVILLE REFINING & MARKETING, a Delaware limited liability company INC. COFFEYVILLE NITROGEN FERTILIZERS, INC. COFFEYVILLE CRUDE TRANSPORTATION, INC. COFFEYVILLE TERMINAL, INC. COFFEYVILLE GROUP HOLDINGS, LLC COFFEYVILLE RESOURCES PIPELINE, LLC COFFEYVILLE RESOURCES MANAGEMENT, INC. CL JV HOLDINGS, LLC COFFEYVILLE RESOURCES TRINIDAD AND TOBAGO FERTILIZERS, LLC By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBLChief Executive Officer CREDIT SUISSE FIRST BOSTON, LLCacting through its Cayman Islands Branch, as Term Agent and a Delaware limited liability company Lender By: /s/ P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company Director By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Associate CONGRESS FINANCIAL CORPORATION (SOUTHWEST), as Administrative Agent and a Lender By: /s/ M[illegible] Duly Authorized Signatory SIEMENS FINANCIAL SERVICES, INC. By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. Title: VP, Credit and Operations, Risk Management AMALGAMATED BANK By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President LANDMARK CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentDirector LANDMARK II CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director LANDMARK III CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director LANDMARK IV CDO LIMITED By: Aladdin Capital Management LLC, as Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director VENTURE CDO 2002, LIMITED By its investment advisor, MJX Asset Management LLC By: /s/ [illegible] Name: Title:
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC, a Delaware limited liability company By: /s/ PCHP ▇▇▇ ▇. ▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ TERRACE OR OWNER, LLC, a Delaware limited liability company By: /s/ P(“CHP Huntington Terrace”) CHP ▇▇▇ ▇. ▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ TERRACE OR TENANT CORP., a Delaware corporation (“CHP Huntington Terrace Tenant”) CHP TUALATIN-RIVERWOOD OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 (“CHP Riverwood “) CHP TUALATIN-RIVERWOOD OR TENANT CORP., a Delaware corporation (“CHP Riverwood Tenant”) CHP BEAVERTON OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN (“CHP Beaverton Hills”) CHP BEAVERTON OR TENANT CORP., a Delaware corporation (“CHP Beaverton Hills Tenant”) CHP SALEM-ORCHARD HEIGHTS OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 (“CHP Orchard Heights”) CHP SALEM-ORCHARD HEIGHTS OR TENANT CORP., a Delaware corporation (“CHP Orchard Heights Tenant”) CHP SALEM-SOUTHERN HILLS OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA (“CHP Southern Hills”) CHP SALEM-SOUTHERN HILLS OR TENANT CORP., a Delaware corporation (“CHP Southern Hills Tenant”) CHP MEDFORD-ARBOR PLACE OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA (“CHP Arbor Place”) CHP MEDFORD-ARBOR PLACE OR TENANT CORP., a Delaware corporation (“CHP Arbor Place Tenant”) CHP BEND-HIGH DESERT OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA (“CHP High Desert”) CHP BEND-HIGH DESERT OR TENANT CORP., a Delaware corporation (“CHP High Desert Tenant”) CHP TILLAMOOK-FIVE RIVERS OR OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 (“CHP Five Rivers”) CHP TILLAMOOK-FIVE RIVERS OR TENANT CORP., a Delaware corporation (“CHP Five Rivers Tenant”) CHP BILLINGS MT OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP(“CHP Billings”) CHP BILLINGS MT TENANT CORP., a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL corporation (“CHP Billings Tenant”) CHP IDAHO FALLS ID OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA (“CHP Idaho Falls”) CHP IDAHO FALLS ID TENANT CORP., a Delaware corporation (“CHP Idaho Falls Tenant”) CHP BOISE ID OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH (“CHP Boise”) CHP BOISE ID TENANT CORP., a Delaware corporation (“CHP Boise Tenant”) CHP SPARKS NV OWNER, LLC, a Delaware limited liability company By: /s/ P(“CHP Sparks”) CHP SPARKS NV TENANT CORP., a Delaware corporation (“CHP Sparks Tenant”) CHP VANCOUVER-BRIDGEWOOD WA OWNER, LLC, a Delaware limited liability company (“CHP Bridgewood”) CHP VANCOUVER-BRIDGEWOOD WA TENANT CORP., a Delaware corporation (“CHP Bridgewood Tenant”) CHP AUBURN WA OWNER, LLC, a Delaware limited liability company (“CHP Auburn ▇▇▇ ▇. ▇▇▇▇”) CHP AUBURN WA TENANT CORP., a Delaware corporation (“CHP Auburn ▇▇▇▇▇▇▇ Name: PTenant”) CHP YELM-ROSEMONT WA OWNER, LLC, a Delaware limited liability company (“CHP Rosemont”) CHP YELM-ROSEMONT WA TENANT CORP., a Delaware corporation (“CHP Rosemont Tenant”) Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement ▇▇▇ ▇. ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇ OWNER, LLC, a Delaware limited liability company (“CHP Monticello Park”) CHP LONGVIEW-MONTICELLO PARK WA TENANT CORP., a Delaware corporation (“CHP Monticello Park Tenant”) CHP CORVALLIS-WEST HILLS OR OWNER, LLC, a Delaware limited liability company (“CHP West Hills”) CHP CORVALLIS-WEST HILLS OR TENANT CORP., a Delaware corporation (“CHP West Hills Tenant”) Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement CHP ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Terrace OR Owner, LLC CHP ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Terrace OR Tenant Corp. Huntington Terrace ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon Multnomah 706109322 $ 10,728,555.00 CHP Tualatin-Riverwood OR Owner, LLC CHP Tualatin-Riverwood OR Tenant Corp. Riverwood ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Name: M▇▇▇▇▇ Oregon Washington 706109323 $ 4,707,856.00 CHP Beaverton OR Owner, LLC CHP Beaverton OR Tenant Corp. Beaverton Hills ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Title: Vice President▇▇▇▇▇ Oregon Washington 706109324 $ 9,686,032.00 CHP Salem-Orchard Heights OR Owner, LLC CHP Salem-Orchard Heights OR Tenant Corp. Orchard Heights ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon Polk 706109325 $ 12,954,716.00 CHP Salem-Southern Hills OR Owner, LLC CHP Salem-Southern Hills OR Tenant Corp. Southern Hills ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon ▇▇▇▇▇▇ 706109326 $ 7,873,017.00 CHP Medford-Arbor Place OR Owner, LLC CHP Medford-Arbor Place OR Tenant Corp. Arbor Place ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon ▇▇▇▇▇▇▇ 706109327 $ 8,625,282.00 CHP Bend-High Desert OR Owner, LLC CHP Bend-High Desert OR Tenant Corp. High Desert ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Place Bend, Oregon 97701 Oregon Deschutes 706109328 $ 8,378,715.00 CHP Tillamook-Five Rivers OR Owner, LLC CHP Tillamook-Five Rivers OR Tenant Corp. Five Rivers ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon Tillamook 706109329 $ 8,115,731.00 CHP Billings MT Owner, LLC CHP Billings MT Tenant Corp. ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Billings, Montana 59106 Montana Yellowstone 706109333 $ 20,634,027.00 CHP Idaho Falls ID Owner, LLC CHP Idaho Falls ID Tenant Corp. Idaho Falls ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Idaho Bonneville 706109334 $ 18,843,689.00 Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement CHP Boise ID Owner, LLC CHP Boise ID Tenant Corp. Boise ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Idaho Ada 706109335 $ 22,026,026.00 CHP Sparks NV Owner, LLC CHP Sparks NV Tenant Corp. Sparks ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Road Sparks, Nevada 89436 Nevada Washoe 706109336 $ 24,974,323.00 CHP Vancouver- Bridgewood WA Owner, LLC CHP Vancouver- Bridgewood WA Tenant Corp. Bridgewood ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Vancouver, Washington 98684 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 706109321 $ 13,774,226.00 CHP Auburn WA Owner, LLC CHP Auburn WA Tenant Corp. Auburn ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Washington King 706109330 $ 11,018,192.00 CHP Yelm-Rosemont WA Owner, LLC CHP Yelm-Rosemont WA Tenant Corp. Rosemont ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, NW Yelm, Washington 98597 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 706109331 $ 9,924,763.00 CHP Longview-Monticello Park WA Owner, LLC CHP Longview-Monticello Park WA Tenant Corp. Monticello Park ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Washington Cowlitz 706109332 $ 19,218,858.00 CHP Corvallis-West Hills OR Owner, LLC CHP Corvallis-West Hills OR Tenant Corp. West Hills ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Oregon ▇▇▇▇▇▇ 706109394 $ 9,187,000.00 Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement CHP ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Terrace OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇ Terrace OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Tualatin-Riverwood OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Tualatin-Riverwood OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Beaverton OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Beaverton OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Salem-Orchard Heights OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Salem-Orchard Heights OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Salem-Southern Hills OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Salem-Southern Hills OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement ▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Medford-Arbor Place OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Bend-High Desert OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Bend-High Desert OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Tillamook-Five Rivers OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Tillamook-Five Rivers OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Billings MT Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Billings MT Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Idaho Falls ID Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Idaho Falls ID Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Boise ID Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Boise ID Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement CHP Sparks NV Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Sparks NV Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Vancouver-Bridgewood WA Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Vancouver-Bridgewood WA Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Auburn WA Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Auburn WA Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Yelm-Rosemont WA Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Yelm-Rosemont WA Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Longview-Monticello Park WA Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ 49-3793225 CHP Longview-Monticello Park WA Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Corvallis-West Hills OR Owner, LLC c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ CHP Corvallis-West Hills OR Tenant Corp. c/o CNL Healthcare Properties, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇▇▇▇▇▇ Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement Huntington Terrace Note $ 58,421.45 $ 200.00 Riverwood Note $ 25,636.23 $ 200.00 Beaverton Hills Note $ 52,744.47 $ 200.00 Orchard Heights Note $ 70,543.82 $ 200.00 Southern Hills Note $ 42,871.85 $ 200.00 Arbor Place Note $ 46,968.25 $ 200.00 High Desert Note $ 45,625.59 $ 200.00 Five Rivers Note $ 44,193.53 $ 200.00 Billings Note $ 112,360.86 $ 200.00 Idaho Falls Note $ 102,611.73 $ 200.00 Boise Note $ 119,940.88 $ 200.00 Sparks Note $ 135,995.59 $ 200.00 Bridgewood Note $ 75,006.39 $ 200.00 Auburn ▇▇▇▇▇▇▇ Note $ 59,998.64 $ 200.00 Rosemont Note $ 54,044.46 $ 200.00 Monticello Park Note $ 104,654.68 $ 200.00 West Hills Note $ 50,027.04 $ 200.00 Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTCNL SOUTHWEST: CNL MIDWEST: CNL INCOME EAGL SOUTHWEST GOLF, LLC, a Delaware limited liability company CNL INCOME EAGL MIDWEST GOLF, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name[SEAL] By: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ [SEAL] Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Senior Vice President Title: Senior Vice President CNL WEST: CNL MIDEAST: CNL INCOME EAGL WEST GOLF, LLC, a Delaware limited liability company CNL INCOME EAGL MIDEAST GOLF, LLC, a Delaware limited liability company By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name[SEAL] By: M▇▇▇▇▇ ▇▇▇▇▇▇▇ [SEAL] Name: ▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President Title: Senior Vice President CNL NORTH: CNL INCOME EAGL NORTH GOLF, LLC, a Delaware limited liability company By: ▇▇▇ ▇▇▇▇▇▇▇ [SEAL] Name: ▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President [SIGNATURES CONTINUED FROM PREVIOUS PAGE] [SIGNATURE PAGE TO COLLATERAL LOAN AGREEMENT] LENDER: THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice PresidentPresident [CORPORATE SEAL] EXHIBIT A Allocated Loan Amounts for Individual Properties Individual Property Individual Borrower Loan Number Allocated Loan Amount
Appears in 1 contract
Sources: Collateral Loan Agreement
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTWESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Executive Vice President & Chief Financial Officer WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Person MOTIVEPOWER, INC., a Delaware corporation; RAILROAD FRICTION PRODUCTS CORPORATION, a Delaware corporation; RICON CORP., a California corporation; ▇▇▇▇▇▇▇▇ EQUIPMENT, INC., an Ohio corporation; YOUNG TOUCHSTONE COMPANY, a Wisconsin corporation; STANDARD CAR TRUCK COMPANY, a Delaware corporation; DUROX COMPANY, an Ohio corporation; G&B SPECIALTIES, INC., a Pennsylvania corporation; XORAIL, INC., a Florida corporation; WABTEC INTERNATIONAL, INC., a Delaware corporation; TURBONETICS HOLDINGS, INC., a Delaware corporation; ▇▇▇▇▇▇ STEEL FOUNDRY CORP., a Delaware corporation; LONGWOOD ELASTOMERS, INC., a Virginia corporation; LONGWOOD INDUSTRIES, INC., a New Jersey corporation; LONGWOOD INTERNATIONAL, INC., a Delaware corporation; a Tennessee limited liability company; a Delaware corporation; a Delaware corporation; TRANSTECH OF SOUTH CAROLINA, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President, Finance of each Guarantor listed above WORKHORSE RAIL, LLC, a Delaware Pennsylvania limited liability company By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President, Finance RAILROAD CONTROLS, L.P., a Texas limited partnership By: RCL, L.L.C., its General Partner By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President, Finance THERMAL TRANSFER ACQUISITION CORPORATION, a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President & Treasurer AERO TRANSPORTATION PRODUCTS, INC., a Missouri corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President & Treasurer PNC BANK, NATIONAL ASSOCIATION, as a Lender and as Administrative Agent By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company Senior Vice President By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company Executive Director By: /s/ P▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Assistant Vice President By: /s/ Philippe Abonneau Name: Philippe Abonneau Title: By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇, ▇▇. Name: P▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇, ▇▇. Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company Senior Vice President By: /s/ P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company Vice President By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company Managing Director By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. Name: ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company Director By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President By: /s/▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇. ▇▇▇▇▇▇▇ /s/ ▇. ▇▇▇▇▇▇ Name: ▇. ▇▇▇▇▇▇▇ Title: Director Name: ▇. ▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Vice President By: /s/ C. ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: C. ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President
Appears in 1 contract
Sources: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT▇▇▇▇▇▇ & 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: /s/ P▇▇▇ ▇. ▇Name: Title: AGENTS AND LENDERS: BANK OF AMERICA, N.A., as Administrative Agent and as Collateral Agent By: Name: Title: JPMORGAN CHASE BANK, N.A, as Co-Syndication Agent By: Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agent By: Name: P▇▇▇ ▇. ▇Title: SUNTRUST BANK, as Co-Syndication Agent By: Name: Title: CITIZENS BANK, N.A., as Co-Documentation Agent By: Name: Title: REGIONS BANK, as Co-Documentation Agent By: Name: Title: BANK OF AMERICA, N.A., as a Lender, LC Issuer and Swing Line Lender By: Name: Title: JPMORGAN CHASE BANK, N.A., as a Lender and LC Issuer By: Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSUNTRUST BANK, LLCas a Lender By: Name: Title: CITIZENS BUSINESS CAPITAL, a Delaware limited liability company division of Citizens Asset Finance, Inc., as a Lender By: /s/ P▇▇▇ ▇. ▇Name: Title: REGIONS BANK, as a Lender By: Name: Title: FIFTH THIRD BANK, as a Lender By: Name: Title: TD BANK, N.A., as a Lender By: Name: Title: CAPITAL ONE BUSINESS CREDIT CORP., as a Lender By: Name: Title: SIEMENS FINANCIAL SERVICES, INC., as a Lender By: Name: Title: PNC BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender By: Name: Title: ▇▇▇▇▇ Name: P▇▇▇ ▇. ▇Fargo Bank, National Association $ 120,000,000.00 17.142857143 % Bank of America, N.A. $ 95,000,000.00 13.571428571 % JPMorgan Chase Bank, N.A. $ 95,000,000.00 13.571428571 % SunTrust Bank $ 95,000,000.00 13.571428571 % Citizens Business Capital $ 50,000,000.00 7.142857143 % Regions Bank $ 50,000,000.00 7.142857143 % Fifth Third Bank $ 47,500,000.00 6.785714286 % TD Bank, N.A. $ 47,500,000.00 6.785714286 % Capital One Business Credit Corp. $ 35,000,000.00 5.000000000 % Siemens Financial Services, Inc. $ 35,000,000.00 5.000000000 % PNC Bank, National Association $ 30,000,000.00 4.285714286 % Total $ 700,000,000.00 100.000000000 % Bank of America, N.A. $ 14,648,000.00 29.296000000 % JPMorgan Chase Bank, N.A. $ 6,785,000.00 13.570000000 % ▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBLFargo Bank, LLCNational Association $ 6,785,000.00 13.570000000 % SunTrust Bank $ 6,785,000.00 13.570000000 % Citizens Business Capital $ 3,571,000.00 7.142000000 % Fifth Third Bank $ 3,392,000.00 6.784000000 % TD Bank, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇N.A. $ 3,392,000.00 6.784000000 % Capital One Business Credit Corp. $ 2,500,000.00 5.000000000 % PNC Bank, National Association $ 2,142,000.00 4.284000000 % Lender Overall Applicable Percentage ▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERFargo Bank, LLCNational Association 16.904666667% Bank of America, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNERN.A. 14.619733333% JPMorgan Chase Bank, LLCN.A. 13.571333333% SunTrust Bank 13.571333333% Citizens Business Capital 7.142800000% Regions Bank 6.666666667% Fifth Third Bank 6.785600000% TD Bank, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNERN.A. 6.785600000% Capital One Business Credit Corp. 5.000000000% Siemens Financial Services, LLCInc. 4.666666667% PNC Bank, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentNational Association 4.285600000%
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTDIFFERENTIAL BRANDS GROUP INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Chief Financial Officer DBG SUBSIDIARY INC. (f/k/a Joe’s Jeans Subsidiary, Inc.), a Delaware corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Chief Financial Officer ▇▇▇▇▇▇ CLOTHING, LLC, a California limited liability company By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Chief Executive Officer Signature page to Credit and Security Agreement (TCW) RG PARENT LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Chief Executive ▇▇▇▇▇▇ ▇▇▇▇▇▇ RETAIL LLC a Delaware limited liability company By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Executive ▇▇▇▇▇▇ ▇▇▇▇▇▇ DESIGNS, LLC, a New York limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Executive ▇▇▇▇▇▇ ▇▇▇▇▇▇ HOLDINGS, LLC, a New York limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Executive Signature page to Credit and Security Agreement (TCW) INNOVO WEST SALES, INC., a Texas corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Chief Financial Officer DBG HOLDINGS SUBSIDIARY INC. (f/k/a Joe’s Jeans Retail Subsidiary, Inc.), a California corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Chief Financial Officer ▇▇▇▇▇▇ CLOTHING HOLDINGS, INC., a Delaware corporation By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Chief Executive Officer HC ACQUISITION HOLDINGS, INC., a Delaware corporation By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Chief Executive Officer Signature page to Credit and Security Agreement (TCW) RGH GROUP LLC, a Delaware limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Executive Officer ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ IP, LLC, a Delaware limited liability company By: /s/ ▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice PresidentChief Executive Officer Signature Page to Credit and Security Agreement (TCW) By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Signature Page to Credit and Security Agreement (TCW) as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Signature Page to Credit and Security Agreement (TCW) Schedule 1.1 to CREDIT AND SECURITY AGREEMENT
Appears in 1 contract
Sources: Credit and Security Agreement (Differential Brands Group Inc.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, NGL ENERGY OPERATING LLC, a Delaware limited liability company By: /s/ PH. ▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: MH. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL SUPPLY, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice PresidentChief Financial Officer HICKSGAS, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL SUPPLY RETAIL, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL SUPPLY WHOLESALE, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL SUPPLY TERMINAL COMPANY, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer ▇▇▇▇▇▇▇▇ PROPANE, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL-NE REAL ESTATE, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL-MA REAL ESTATE, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL-MA, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer NGL-NE, LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer HIGH SIERRA ENERGY, LP, a Delaware limited partnership By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President GREENSBURG OILFIELD, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President ANTICLINE DISPOSAL, LLC, a Wyoming limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President HIGH SIERRA SERTCO, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President HIGH SIERRA ENERGY MARKETING, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President CENTENNIAL ENERGY, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President CENTENNIAL GAS LIQUIDS ULC, an Alberta unlimited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President HIGH SIERRA TRANSPORTATION, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President HIGH SIERRA CRUDE OIL & MARKETING, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President HIGH SIERRA WATER SERVICES, LLC, a Colorado limited liability company By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President ▇▇▇▇▇▇▇ OIL BUYERS, INC., a Texas corporation By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Executive Officer and President NGL ENERGY OPERATING LLC, a Delaware limited liability company By: /s/ H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: H. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTTAKE-TWO INTERACTIVE SOFTWARE, LLCINC., a Delaware limited liability company corporation WC HOLDCO, INC., a New York corporation By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSenior Vice President, LLC, Associate General Counsel & Secretary TAKE-TWO GB LIMITED a Delaware limited liability company incorporated under the laws of England and Wales By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBLDirector U.S. GUARANTORS: 2K GAMES, INC., a Delaware corporation 2KSPORTS, INC., a Delaware corporation FIRAXIS GAMES, INC., a Delaware corporation FROG CITY SOFTWARE, INC., a Delaware corporation 2K PLAY, INC., a Delaware corporation INDIE BUILT, INC., a Delaware corporation INVENTORY MANAGEMENT SYSTEMS, INC., a Delaware corporation KUSH GAMES, INC., a California corporation TAKE-TWO LICENSING, INC., a Delaware corporation TALONSOFT, INC., a Delaware corporation VISUAL CONCEPTS ENTERTAINMENT, a California corporation VLM ENTERTAINMENT GROUP, INC., a Delaware corporation ROCKSTAR SAN DIEGO, INC., a Virginia corporation 2K BOSTON LLC, a Delaware limited liability company ROCKSTAR GAMES, INC., a Delaware corporation 2K MARIN, INC., a Delaware corporation ROCKSTAR NEW ENGLAND, INC., a Delaware corporation By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERVice President & Secretary CAT DADDY GAMES, LLCL.L.C., a Delaware Washington limited liability company By: Take-Two Interactive Software, Inc., its sole member By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, Senior Vice President U.K. GUARANTORS: JOYTECH EUROPE LIMITED a Delaware limited liability company incorporated under the laws of England and Wales TAKE TWO INTERACTIVE SOFTWARE EUROPE LIMITED a company incorporated under the laws of England and Wales DMA DESIGN HOLDINGS LIMITED a company incorporated under the laws of England and Wales ROCKSTAR LINCOLN LIMITED a company incorporated under the laws of England and Wales ROCKSTAR LEEDS LIMITED a company incorporated under the laws of England and Wales ROCKSTAR LONDON LIMITED a company incorporated under the laws of England and Wales ROCKSTAR NORTH LIMITED a company incorporated under the laws of England and Wales ROCKSTAR INTERNATIONAL LIMITED a company incorporated under the laws of England and Wales VENOM GAMES LIMITED a company incorporated under the laws of England and Wales By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLCDirector TAKE TWO INTERNATIONAL SA, a Delaware limited liability company incorporated under the laws of Switzerland By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: P▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇Director ▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNERFARGO CAPITAL FINANCE, LLCINC., a Delaware limited liability company California corporation, as Agent and as a Lender By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇. ▇▇▇▇▇ ▇Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice PresidentPresident 1. DEFINITIONS AND CONSTRUCTION 2 1.1 Definitions 2 1.2 Accounting Terms 2 1.3 Code 2 1.4 Construction 3 1.5 Schedules and Exhibits 3 1.6 Currency 3 2. LOAN AND TERMS OF PAYMENT 3 2.1 Revolver Advances 3 2.2 Intentionally Omitted 4 2.3 Borrowing Procedures and Settlements 5 2.4 Payments 11 2.5 Overadvances 14
Appears in 1 contract
Sources: Credit Agreement (Take Two Interactive Software Inc)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLCABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., a Delaware limited liability company partnership By: AB-Abbott Private Equity Investors G.P. L.P., a Delaware limited partnership, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 (DELAWARE) FUND L.P., a Delaware limited liability company partnership By: AB-Abbott Private Equity Investors 2020 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 (DELAWARE) FUND L.P., a Delaware limited liability company partnership By: AB-Abbott Private Equity Solutions 2021 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERVP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING FUND, LLCL.P., a Delaware limited liability company partnership By: AB Private Credit Investors Middle Market Direct Lending G.P. L.P., a Delaware limited partnership, its General Partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS CORPORATION, a Delaware limited liability company Maryland corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 (DELAWARE) FUND L.P., a Delaware limited liability company partnership By: AB-Abbott Private Equity Solutions 2022 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2023 (DELAWARE) FUND L.P., a Delaware limited liability company partnership By: AB-Abbott Private Equity Solutions 2023 G.P. L.P., a Delaware limited partnership, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P., a Delaware limited liability company partnership By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY INVESTORS 2020 G.P. L.P., a Delaware limited liability company partnership By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2021 G.P. L.P., a Delaware limited liability company partnership By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB PRIVATE CREDIT INVESTORS MIDDLE MARKET DIRECT LENDING G.P. L.P., a Delaware limited liability company partnership By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLCVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2022 G.P. L.P., a Delaware limited liability company partnership By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LPVP/Vice President and Treasurer of AB-PCI AB-ABBOTT PRIVATE EQUITY SOLUTIONS 2023 G.P. L.P., a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner VP/Vice President and Treasurer of AB-PCI as Administrative Agent By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President HSBC BANK USA, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director CATHAY BANK, as a Lender By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Senior Vice President BANKUNITED, N.A., as the Exiting Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentSVP ANNEX A TO EIGHTHNINTH AMENDMENT (Conformed Credit Agreement through EIGHTHNinth Amendment) AB-ABBOTT PRIVATE EQUITY INVESTORS 2019 (DELAWARE) FUND L.P., AB-ABBOTT PRIVATE EQUITY INVESTORS G.P. L.P.,
Appears in 1 contract
Sources: Revolving Credit Agreement (AB Private Credit Investors Corp)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTTRINITY FUNDING 1, LLC, a Delaware limited liability company By: /s/ PS▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PS▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory TRINITY FUNDING 2, LLC, a Delaware limited liability company. By: /s/ S▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: S▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCTRINITY FUNDING 3, LLC, a Delaware limited liability company By: /s/ PS▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PS▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory TRINITY CAPITAL FUND II, L.P., a Delaware limited partnership By: TRINITY SBIC PARTNERS II, LLC, its general partner By: /s/ S▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: S▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY TRINITY CAPITAL HOSPITALITY PORTFOLIO NBLFUND III, L.P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, its general partner By: /s/ S▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: S▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory TRINITY MANAGEMENT IV, LLC, a Delaware limited liability company By: TRINITY CAPITAL HOLDINGS, LLC, its managing member By: /s/ PS▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PS▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNERCREDIT SUISSE AG, NEW YORK BRANCH By: Name: Title: By: Name: Title: W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION A national banking association, not in its individual capacity, but solely as Back-Up Servicer By: Name: Title: TRINITY MANAGEMENT IV, LLC, a Delaware limited liability company By: TRINITY CAPITAL HOLDINGS, LLC, its managing member By: Name: Title: Authorized Signatory CREDIT SUISSE AG, NEW YORK BRANCH By: /s/ PJ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: PJ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company Director By: /s/ PE▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: PE▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNERDirector W▇▇▇▇ FARGO BANK, LLCNATIONAL ASSOCIATION A national banking association, not in its individual capacity, but solely as Back-Up Servicer By: Name: Title: TRINITY MANAGEMENT IV, LLC a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNERCREDIT SUISSE AG, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: Name: Title: By: Name: Title: W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION a national banking association, not in its individual capacity, but solely as Back-Up Servicer By: /s/ J▇C▇▇▇ ▇▇▇▇▇▇▇ Name: J▇C▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ Vice President Altierre 2 J▇▇▇▇▇ Avenier CFO (▇▇▇) ▇▇▇-▇▇▇▇ j▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ T▇▇▇ ▇▇▇▇▇▇▇ t▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Crystal Augmedix 3 M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: CFO (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇ D▇▇ ▇▇▇ 2 T▇▇ ▇▇▇▇▇▇▇▇ CFO 6▇▇-▇▇▇-▇▇▇▇ t▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Back Blaze 3 C▇▇▇▇▇▇ ▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ c▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ J▇▇▇ ▇▇▇▇ j▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal BaubleBar 2 Daniella Yacobovsky Co-Founder 646.846.2044 d▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇ Cosmetics 3 H▇▇▇ ▇▇▇▇▇ CFO (▇▇▇) ▇▇▇-▇▇▇▇ h▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal Birchbox 2 K▇▇▇▇ ▇▇▇▇▇▇▇▇▇ CEO k▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ C▇▇▇▇▇▇▇ ▇▇▇▇▇▇ c▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ C▇▇▇▇▇▇ ▇▇▇▇▇▇ Farming 3 D▇▇▇▇ ▇▇▇▇▇▇ Founder 9▇▇-▇▇▇-▇▇▇▇ d▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Clean Planet Chemical 3 A▇▇▇ ▇▇▇▇▇▇▇ CEO (▇▇▇) ▇▇▇-▇▇▇▇ a▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ C▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇ 2 A▇▇▇▇▇ ▇▇▇▇▇ CFO 650.817.9012 a▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Edeniq 2 B▇▇▇▇ ▇▇▇▇▇ CEO (▇▇▇) ▇▇▇-▇▇▇▇ b▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ L▇▇▇ ▇▇▇▇▇▇▇ l▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ G▇▇▇▇ Egomotion 2 M▇▇▇ ▇▇▇▇ Head of Finance (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ C▇▇▇▇▇ ▇▇▇▇▇▇ c▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal Empyr 3 R▇▇▇ ▇▇▇▇▇▇▇▇ CFO r▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇▇▇▇ 3 R▇▇▇ ▇▇▇▇▇▇▇▇ Sr Director of Finance 4▇▇-▇▇▇-▇▇▇▇ r▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Everalbum 2 T▇▇▇▇▇▇ ▇▇▇ t▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇ D▇▇▇ ▇▇▇▇ d▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇ Crystal Examity 3 T▇▇▇▇ ▇▇▇▇▇▇ Chief Administrative Officer 6▇▇-▇▇▇-▇▇▇▇ T▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ P▇▇▇▇▇▇@▇▇▇▇▇.▇▇ P▇▇ ▇▇▇▇▇▇▇ p▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇ Crystal Filld 3 E▇▇▇▇ ▇▇▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ e▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇ Scott Hempy s▇▇▇▇@▇▇▇▇▇.▇▇ Crystal Galvanize 2 K▇▇▇ ▇▇▇▇▇ Executive Chairman (▇▇▇) ▇▇▇-▇▇▇▇ k▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇▇▇▇ 3 O▇▇▇▇▇ ▇▇▇▇ CEO (▇▇▇) ▇▇▇-▇▇▇▇ o▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Crystal Gobiquity 3 R▇▇▇ ▇▇▇▇▇ Head of Finance r▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Grub Market 3 L▇▇ Fan (▇▇▇) ▇▇▇-▇▇▇▇ l▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ M▇▇▇ ▇▇ m▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal Handle Financial 3 K▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ CFO 3▇▇-▇▇▇-▇▇▇▇ k▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Happiest Baby 3 G▇▇▇ ▇▇▇▇ VP of Finance g▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Health-Ade 3 J▇▇▇▇▇▇▇ ▇▇▇▇▇ Controller (▇▇▇) ▇▇▇-▇▇▇▇ j▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇.▇▇▇ G▇▇▇ ▇▇▇▇▇▇▇▇▇ g▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇.▇▇▇ Crystal Hytrust 2 M▇▇▇▇ ▇▇▇▇▇▇▇ CFO 6▇▇-▇▇▇-▇▇▇▇ m▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Ihealth Solutions 2 M▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CFO 5▇▇-▇▇▇-▇▇▇▇ m▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Impossible Foods 3 M▇▇▇▇▇ ▇▇▇▇ ▇▇. Mgr, Technical Accounting & Reporting m▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ InContext 2 J▇▇▇▇▇▇▇ ▇▇▇▇▇▇ CFO 9▇▇-▇▇▇-▇▇▇▇ J▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Instart Logic 3 J▇▇▇ ▇▇▇▇▇▇▇ CFO 650.919.8854 j▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Invenia 4 M▇▇▇▇▇▇ ▇▇▇▇▇▇ CEO 2▇▇-▇▇▇-▇▇▇▇ M▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇ N▇▇▇▇ Knockaway 3 D▇▇▇ ▇▇▇▇▇▇ Accounting Manager (▇▇▇) ▇▇▇-▇▇▇▇ d▇▇▇@▇▇▇▇▇.▇▇▇ J▇▇▇▇ ▇▇▇▇▇ j▇▇▇▇@▇▇▇▇▇.▇▇▇ Crystal Le Tote 3 J▇▇▇▇ ▇▇▇▇▇▇ Finance Manger j▇▇▇▇@▇▇▇▇▇▇.▇▇▇ R▇▇▇▇▇ ▇▇▇▇▇▇ r▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Crystal M▇▇▇▇▇▇ ▇▇▇▇ 3 C▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ TitleCFO (▇▇▇) ▇▇▇-▇▇▇▇ c▇▇▇▇▇@▇▇▇▇▇▇▇-▇▇▇▇.▇▇▇ A▇▇ ▇▇▇▇▇▇ a▇▇@▇▇▇▇▇▇▇▇-▇▇▇▇.▇▇▇ C▇▇▇▇▇▇ Matterport 2 J▇ ▇▇▇ CFO 6▇▇-▇▇▇-▇▇▇▇ j▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Nexus 3 C▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ Director of Finance 703-524-9101 C▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇ Connect 3 C▇▇▇▇ ▇▇▇ President 6▇▇-▇▇▇-▇▇▇▇ c▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇ Analytics 3 T▇▇▇ ▇▇▇▇▇▇▇▇▇ CFO 212.518.1307 t▇▇▇@▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Pendulum M▇▇▇▇ ▇▇▇▇ COO (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ J▇▇ Project Frog 2 F▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Controller (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ S▇▇ ▇▇▇▇▇▇▇▇▇▇ s▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ G▇▇▇▇ Qubed 2 A▇▇▇▇ ▇▇▇▇ COO 7▇▇-▇▇▇-▇▇▇▇ a▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ N▇▇▇▇ RapidMiner 3 S▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ Director of Finance 6▇▇-▇▇▇ ▇▇▇▇ s▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ RoBotany A▇▇▇▇▇ ▇▇▇▇ CEO (▇▇▇) ▇▇▇-▇▇▇▇ A▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇ Crystal Seaon 4,5 W▇▇▇▇▇ ▇▇▇▇▇▇ President (▇▇▇) ▇▇▇-▇▇▇▇ w▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal SQL 3 S▇▇▇▇ ▇▇▇▇ VP of Finance (▇▇▇) ▇▇▇-▇▇▇▇ s▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ L▇▇▇ ▇▇▇▇▇▇▇ l▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal STS Media 3 K▇▇▇ ▇▇▇▇▇▇▇▇▇ VP of Finance k▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ Sun Basket 3 Marc Friend CFO 6▇▇.▇▇▇.▇▇▇▇ m▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ J▇▇▇▇ ▇▇▇ J▇▇▇▇.▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal Untuckit 3 D▇▇▇▇ ▇▇▇▇▇ CFO (▇▇▇) ▇▇▇-▇▇▇▇ d.▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ N▇▇▇ ▇▇▇▇▇▇▇▇ n.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Crystal Vertical Communicatins 2 P▇▇▇▇ ▇▇▇▇▇▇ CEO p▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Hunter Fountain H▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ G▇▇▇▇ Vidsys 3 M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ President and Acting CEO (▇▇▇) ▇▇▇-▇▇▇▇ m▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ G▇▇▇▇ WorkWell Prevention 2 K▇▇▇▇ ▇▇▇▇▇▇▇ CEO k▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ K▇▇▇▇ ▇▇▇▇▇▇▇ k▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ G▇▇▇▇ Zosano 3 C▇▇▇▇ ▇▇▇▇▇ Controller (▇▇▇) ▇▇▇-▇▇▇▇ c▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ G▇▇▇ ▇▇▇▇▇▇▇▇ g▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Crystal TRINITY FUNDING 1, LLC, TRINITY FUNDING 2, LLC, TRINITY FUNDING 3, LLC, TRINITY CAPITAL FUND II, L.P., AND TRINITY CAPITAL FUND III, L.P., Cut-off Date: Vice PresidentJuly 31, 2019 Days: 31 Prior Month Cut-Off: June 30, 2019 Period: 1 Current - - 0.00 % 1-30 days past due - - 0.00 % Current Period Deliquency 31-60 days past due - - 0.00 % 61-90 days past due - - 0.00 % 91-120 days past due - - 0.00 % Ineligible Receivables 31+ days past due - - 0.00 % Other Ineligible Receivables - - 0.00 % Prior Month Balance - Prior Month Ineligible - Previous Mo Eligible Balance - Intra-Period Sales - Intra-Period Takeouts - Scheduled Prin Payments - Unscheduled Prin Payments - Other Adjustments - Liquidated Receivables - Ending Balance - Ineligible - Excess Concentration - Ending Aggregate Eligible Asset Amount - Principal Collections during the Period: - Collections for Accounts Previously Charged Off or Paid Off: - Interest, F Fees Collected and Adjustments during the Period: - Interest on Collection Account - Excess Reserve deposited to Collections Account - LESS: Paying Agent Fee - LESS: Backup Servicer Fee LESS: Custodial Fee - LESS: Servicer Fee - LESS: Interest and Hedge Amounts - LESS: Non-Use Fee - LESS: Borrowing Base Definiciency LESS: Hedge Counterparty - LESS: Reserve Account Requirement - LESS: Hedge Reserve Account Requirements - LESS: Amortization Period Lender Obligations - LESS: Lender Fees and Expenses - LESS: All Other Obligations - LESS: Service Provider Indemnities - LESS: Other unpaid Servicer fees - LESS: Principal Prepayments - LESS: Remaining Funds to Borrower: - Ending Balance - 0.00 % 0.00 % 0.00 % 0.00 % 2.50 % NO 4.00 % NO 0.00 % 0.00 % 0.00 % 0.00 % 10.00 % NO 12.50 % NO 0.00 0.00 % 5.00 % NO Aggregate Outstanding Asset Amount Excess Spread Ratio Hedge Reserve Trigger Hedge Trigger Violation 0.00 0.00 % 6.00 % 5.00 % NO % for Top Single Obligor 0.00 % <= 10.00 % NO % for Top 5 Obligors 0.00 % <= 35.00 % NO WA Interest Rate 0.00 % <= 10.00 % NO WA LTV 0.00 % <= 35.00 % NO % for Single Industry Group 0.00 % <= 25.00 % NO % for Top 5 Industry Groups 0.00 % <= 50.00 % NO % for Second Lien Loans 0.00 % <= 50.0 % NO LTV and [ ] Aggregate LTV 0.00 % <= 10.00 % NO % for Assets with less than 2 score 0.00 % <= 10.00 % NO Foreign Exposure 0.00 % <= 5.00 % NO Debt Tangible Net Worth RESERVE ACCOUNT: Reserve Account Hedge Reserve Account Required Reserve Account - - Beg bal - - Current Month Interest received in reserve account - - Ending bal - - Required transfer to/(release from) Account - - Required Ending Balance - - Commitment Amount 200,000,000.00 Borrowing Base - Loan Balance as of [ ] - Available Credit - The undersigned, a Responsible Officer of Trinity Management IV, LLC (the “Servicer”), based on the information available on the date of this Certificate, does hereby certify as follows:
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BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTSPORTSMAN'S WAREHOUSE, LLCINC., a Delaware limited liability company Utah corporation, as Lead Borrower and as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSPORTSMAN'S WAREHOUSE SOUTHWEST, LLCINC., a Delaware limited liability company California corporation, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLCMINNESOTA MERCHANDISING CORP., a Delaware limited liability company Minnesota corporation, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GPPACIFIC FLYWAY WHOLESALE, LLC, a Delaware limited liability company, its general partner as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Sportsman's Warehouse, Inc., its Sole Member By: Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GPSPORTSMAN'S WAREHOUSE DEVELOPMENT I, LLC, a Delaware limited liability company, its general partner as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Sportsman's Warehouse, Inc., its Sole Member By: Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNERSPORTSMAN'S WAREHOUSE DEVELOPMENT II, LLC, a Delaware limited liability company company, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇Sportsman's Warehouse, Inc., its Sole Member By: Name: Title: To: W▇▇▇▇ NameFargo Bank, National Association, as Administrative Agent Ladies and Gentlemen: P▇▇▇ ▇. ▇▇Reference is made to that certain Amended and Restated Credit Agreement, dated as of May 23, 2018 (as amended, modified, supplemented or restated and in effect from time to time, the "Credit Agreement"), by, among others, (i) SPORTSMAN'S WAREHOUSE, INC., a Utah corporation (in such capacity, the "Lead Borrower"), as representative for the Borrowers from time to time party thereto (individually, a "Borrower" and, collectively with the Lead Borrower, the "Borrowers"), (ii) the other Borrowers, (iii) the Guarantors from time to time party thereto (individually, a "Guarantor" and, collectively, the "Guarantors"), (iv) the Lenders from time to time party thereto (individually, a "Lender" and, collectively, the "Lenders"), and (v) W▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNERFARGO BANK, LLCNATIONAL ASSOCIATION, as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. Capitalized terms used but not defined herein shall have the meanings set forth in the Credit Agreement. The undersigned, in his capacity as a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNERduly authorized and acting Responsible Officer of the Lead Borrower, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice Presidenthereby certifies on behalf of the Lead Borrower and each of the other Loan Parties as of the date hereof the following:
Appears in 1 contract
Sources: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLCINC., a Delaware limited liability company Tennessee corporation, as “Borrower Agent” and a “Borrower” By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Vice PresidentChief Financial Officer [CORPORATE SEAL] a Delaware corporation, as a “Borrower” By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer [CORPORATE SEAL] NATIONAL PHARMACEUTICAL NETWORK, INC., a Florida corporation, as a “Borrower” By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer [CORPORATE SEAL] a Tennessee corporation, as a “Borrower” By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer [CORPORATE SEAL] Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) GUARANTOR: a Delaware limited liability company, as a “Guarantor” By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer [SEAL] Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) ADMINISTRATIVE AGENT: REGIONS BANK, as “Administrative Agent” By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director CO-COLLATERAL AGENTS: REGIONS BANK, as a “Co-Collateral Agent” By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) BANK OF AMERICA, N.A., as a “Co-Collateral Agent” By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) LENDERS: By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director Second Amendment to Forbearance Agreement, Tenth Amendment to Credit Agreement, Fifth Amendment to Amended and Restated Addendum to Credit Agreement and Third Amendment to Security Agreement (Fred’s) Lender Revolving Commitment Regions Bank $ 48,750,000.00 Bank of America, N.A. $ 48,750,000.00 None. Fred’s, Inc. Name and Address of Securities Issuer: Metlife Trust Interests Type of Equity Interest Evidenced by Such Securities: Shares held at Computershare (transfer agent for Metlife) Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: Fred’s Stores of Tennessee, Inc., a Delaware corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: Certificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Replacement Stock Certificate for 1,641 shares of Common Stock, $0.001 par value per share Name and Address of Securities Issuer: National Equipment Management and Leasing, Inc., a Tennessee corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Fred’s Stores of Tennessee, Inc. Name and Address of Securities Issuer: ▇▇▇▇▇▇-▇▇▇▇ Drug Store, Inc., a Tennessee corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: Certificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Stock Certificate No. 5 for 500 shares of Common Stock, no par value per share Name and Address of Securities Issuer: National Pharmaceutical Network, Inc., a Florida corporation Type of Equity Interest Evidenced by Such Securities: Common Stock Certificated or Uncertificated: If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: Summit Properties-Jacksboro, LLC, an Arkansas limited liability company Type of Equity Interest Evidenced by Such Securities: Membership Interests Certificated or Uncertificated: Uncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: Summit Properties-Bridgeport, LLC, an Arkansas limited liability company Type of Equity Interest Evidenced by Such Securities: Membership Interests Certificated or Uncertificated: Uncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: Name and Address of Securities Issuer: 505 N. Main, LLC, a Delaware limited liability company Type of Equity Interest Evidenced by Such Securities: Membership Interests Certificated or Uncertificated: Uncertificated If Certificated, Certificate Numbers, and Number of Shares or Other Type of Equity Interest Evidenced by Such Certificates: None. None. None.
Appears in 1 contract
Sources: Forbearance Agreement, Credit Agreement, Security Agreement (Freds Inc)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTCALUMET SPECIALTY PRODUCTS PARTNERS, LLC, L.P.,as a Delaware limited liability company ByBorrowerBy: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner Calumet GP, LLC, a Delaware limited liability company, its general partner BypartnerBy: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇. ▇▇▇▇ GriffinTitle: Executive Vice President and Chief Financial Officer CALUMET LP GP, LLC,as a BorrowerBy: 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Executive Vice President and Chief Financial Officer CALUMET OPERATING, LLC,as a BorrowerBy: Calumet Specialty Products Partners, L.P., its sole member By: Calumet GP, LLC, its general partner By: /s/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET LUBRICANTS CO., LIMITEDPARTNERSHIP, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET SHREVEPORT LUBRICANTS & WAXES, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET INTERNATIONAL, INC. (formerly known as Calumet Sales Company Incorporated),as a BorrowerBy: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. KrutzTitle: Vice President-Finance and Treasurer CALUMET PENRECO, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET FINANCE CORP.,as a BorrowerBy: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. KrutzTitle: Vice President-Finance and Treasurer CALUMET SUPERIOR, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET MISSOURI, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET PACKAGING, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer ROYAL PURPLE, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET MONTANA REFINING, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET SAN ANTONIO REFINING, LLC,as a BorrowerBy: Calumet Shreveport Fuels, LLC, its sole member 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer BEL-RAY COMPANY, 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer ANCHOR DRILLING FLUIDS USA, LLC,as a Borrower By: ADF Holdings, LLC, its sole member 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer CALUMET NORTH DAKOTA, 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., sole member By: Calumet GP, LLC, its general partner By: /s/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer KURLIN COMPANY, LLC, as a Borrower By: Bel-Ray Company, LLC, its sole member 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/ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer AGENT AND LENDERS: BANK OF AMERICA, N.A.,as Agent, a Lender and an Issuing BankBy: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ VanBeberTitle: Senior Vice President ▇▇▇▇▇ FARGO BANK, NATIONALASSOCIATION, as Co-Syndication agent and a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ BradfordTitle: Duly Authorized Signatory JPMORGAN CHASE BANK, N.A.,as Co-Syndication Agent and a LenderBy: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ L WestTitle: Authorized Officer DEUTSCHE BANK TRUST COMPANY AMERICAS, as a LenderBy: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ChapmanTitle: Director By: /s/ M▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director PNC BANK, NATIONAL ASSOCIATION,as Co-Documentation Agent and a LenderBy: ___________________Name: _________________Title: __________________ U.S. BANK NATIONAL ASSOCIATION,as a LenderBy: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: Rod SwensonTitle: Vice President REGIONS BANK, as a LenderBy: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: MDarius SutrinaitisTitle: Vice President BARCLAYS BANK PLC, as a LenderBy: /s/ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇ SuttonTitle: Vice President NATIXIS, as a LenderBy: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇ LeFoyer Name: ▇▇▇▇▇ LeFoyer Title: Director COMPASS BANK, as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as a LenderBy: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice PresidentV.P. ROYAL BANK OF CANADA, as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ SIEMENS FINANCIAL SERVICES, as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ By: ______________________________ Name: ____________________________ Title: _____________________________ BMO ▇▇▇▇▇▇ BANK, N.A., as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ THE BANK OF TOKYO-MITSUBISHI UFJ,as a LenderBy: ______________________________ Name: ____________________________ Title: _____________________________ BANK OF AMERICA, N.A. CONSOLIDATED CERTIFICATE #: As of: Prepared on: ROA ACCOUNTS RECEIVABLE 1 BEGINNING BALANCE LINE 6 LAST REPORT 3 LESS: CREDITS AS OF 4 LESS: GROSS COLLECTIONS AS OF 5 ADJUSTMENTS 6 ENDING BALANCE 7 Non I-Grade AR 8 LESS: INELIGIBLE 9 ELIGIBLE 10 Other AR reserve 11 TOTAL ELIGIBLE AR 12 INVESTMENT GRADE AR 13 LESS: INELIGIBLE 14 ELIGIBLE 15 Other AR reserve 16 TOTAL ELIGIBLE AR 17 UNBILLED AR 18 LESS: INELIGIBLE 19 ELIGIBLE 20 Other AR reserve 21 TOTAL ELIGIBLE AR 22 Total AR Availability PERPETUAL INVENTORY 23 Crude 24 LESS: INELIGIBLE 25 ELIGIBLE 26 LESS: INVENTORY RESERVES 27 TOTAL ELIGIBLE CRUDE 28 Fuels 29 LESS: INELIGIBLE 30 ELIGIBLE 31 LESS: INVENTORY RESERVES 32 TOTAL ELIGIBLE FUELS 33 Speciality 34 LESS: INELIGIBLE 35 ELIGIBLE 1 36 LESS: INVENTORY RESERVES 37 TOTAL ELIGIBLE SPECIALTY 38 Asphalt 39 LESS: INELIGIBLE 40 ELIGIBLE 1 41 LESS: INVENTORY RESERVES 42 TOTAL ELIGIBLE ASPHALT 43 Tank Heels 44 LESS: INELIGIBLE 45 ELIGIBLE 1 46 LESS: INVENTORY RESERVES 47 TOTAL ELIGIBLE TANK HEELS 48 TOTAL INV. AVAILABILITY NOT TO EXCEED 49 EXCESS OF LCs OVER AP 50 ADVANCE RATE 51 TOTAL AVAILABILITY 52 MERCHANDISE L/C NOT TO EXCEED: 53 RESTRICTED ACCOUNT BALANCE 54 TOTAL AVAILABILITY LOAN ACTIVITY 55 BALANCE AS SHOWN ON LAST REPORT (LINE 62) 56 LESS: REMITTANCES 57 PLUS: ADVANCE REQUEST AS OF 58 PLUS: WIRE CHARGE 59 PLUS: FEES 60 PLUS: INTEREST 61 ADJUSTMENTS 62 OUTSTANDING LOAN BALANCE REVOLVING LOAN AVAILABILITY 63 CALCULATED AVAILABILITY (LINE 54) 64 LESS: OUTSTANDING LOAN BALANCE (LINE 62) 65 LESS: MERCHANDISE L/C 66 LESS: STANDBY L/C 67 LESS: BANKERS ACCEPTANCES 68 NET AVAILABLE THE UNDERSIGNED REPRESENTS AND WARRANTS THAT (I) THE INFORMATION SET FORTH ABOVE IS TRUE AND COMPLETE AS OF THE DATE HEREOF AND (II) WITH RESPECT TO THIS BORROWING BASE CERTIFICATE, THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 8.1.23 OF THAT CERTAIN SECOND AMENDED AND RESTATED CREDIT AGREEMENT, DATED AS OF JULY 14, 2014, AMONG CALUMET SPECIALTY PRODUCTS PARTNERS L.P. AND ITS SUBSIDIARIES AS BORROWERS, THE GUARANTORS NAMED THEREIN, THE LENDERS NAMED THEREIN AND BANK OF AMERICA, N.A. AS AGENT, AS AMENDED FROM TIME TO TIME, IS TRUE AND CORRECT AS OF THE DATE HEREOF. BORROWER: Calumet Specialty Products Partners, L.P. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE: RECEIVED BY: NOTE: REPRESENTATION SECTION SHOULD NOT BE MODIFIED
Appears in 1 contract
Sources: Credit Agreement (Calumet Specialty Products Partners, L.P.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTTAKE-TWO INTERACTIVE SOFTWARE, LLCINC., a Delaware limited liability company corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ML▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ML▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentChief Financial Officer J▇▇▇ OF ALL GAMES, INC., a New York corporation By: /s/ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer 2K GAMES, INC., a Delaware corporation 2KSPORTS, INC., a Delaware corporation FIRAXIS GAMES, INC., a Delaware corporation FROG CITY SOFTWARE, INC., a Delaware corporation GLOBAL STAR SOFTWARE, INC., a Delaware corporation INDIE BUILT, INC., a Delaware corporation INVENTORY MANAGEMENT SYSTEMS, INC., a Delaware corporation KUSH GAMES, INC., a California corporation TAKE-TWO LICENSING, INC., a Delaware corporation TALONSOFT, INC., a Delaware corporation VISUAL CONCEPTS ENTERTAINMENT, a California corporation VLM ENTERTAINMENT GROUP, INC., a Delaware corporation By: Name: /s/ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer ANGEL STUDIOS, INC., a Virginia corporation IRRATIONAL STUDIOS LLC, a Delaware limited liability company ROCKSTAR GAMES, INC., a Delaware corporation By: Name: /s/ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Treasurer CAT DADDY GAMES, L.L.C., a Washington limited liability company By: Take-Two Interactive Software, Inc., its sole member By: Name: /s/ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer FREEDOM FORCE PROPERTIES LLC, a Delaware limited liability company IRRATIONAL GAMES LLC, a Delaware limited liability company IRRATIONAL GAMES DEVELOPMENT LLC, a Delaware limited liability company By: Irrational Studios LLC, its sole member By: Name: /s/ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ L▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Treasurer AGENT: W▇▇▇▇ FARGO FOOTHILL, INC., as Agent By: /s/ E▇▇▇ ▇. ▇▇▇▇▇▇ Name: E▇▇▇ ▇. ▇▇▇▇▇▇ Title: SVP 1 Commercial Tort Claims 2 Copyrights 4 Patents
Appears in 1 contract
Sources: Security Agreement (Take Two Interactive Software Inc)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLCDIFFERENTIAL BRANDS GROUP INC., a Delaware limited liability company corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director CEO DBG SUBSIDIARY INC., a Delaware corporation By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO ▇▇▇▇▇▇ CLOTHING, LLC, a California limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO RG PARENT LLC, a Delaware limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO ▇▇▇▇▇▇ ▇▇▇▇▇▇ RETAIL LLC a Delaware limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO ▇▇▇▇▇▇ ▇▇▇▇▇▇ DESIGNS, LLC, a New York limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO ▇▇▇▇▇▇ ▇▇▇▇▇▇ HOLDINGS, LLC, a New York limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO INNOVO WEST SALES, INC., a Texas corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: CFO DBG HOLDINGS SUBSIDIARY INC., a California corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: CFO ▇▇▇▇▇▇ CLOTHING HOLDINGS, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman HC ACQUISITION HOLDINGS, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman RGH GROUP LLC, a Delaware limited liability company By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: CEO ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ IP, LLC, a Delaware limited liability company By: /s/ ▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice PresidentCEO By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: SVP
Appears in 1 contract
Sources: Credit and Security Agreement (Differential Brands Group Inc.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTWESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Treasurer and Vice President of Tax WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Person MOTIVEPOWER, INC., a Delaware corporation; RAILROAD FRICTION PRODUCTS CORPORATION, a Delaware corporation; RICON CORP., a California corporation; ▇▇▇▇▇▇▇▇ EQUIPMENT, INC., an Ohio corporation; YOUNG TOUCHSTONE COMPANY, a Wisconsin corporation; STANDARD CAR TRUCK COMPANY, a Delaware corporation; DUROX COMPANY, an Ohio corporation; G&B SPECIALTIES, INC., a Pennsylvania corporation; GBI USA HOLDINGS, INC., a Nevada corporation; XORAIL, LLC, a Delaware limited liability company company; XORAIL, INC., a Florida corporation; WABTEC INTERNATIONAL, INC., a Delaware corporation; RFPC HOLDING CORP., a Delaware corporation; WABTEC HOLDING CORP., a Delaware corporation; TURBONETICS HOLDINGS, INC., a Delaware corporation; ▇▇▇▇▇▇ STEEL FOUNDRY CORP., a Delaware corporation; LONGWOOD ELASTOMERS, INC., a Virginia corporation; LONGWOOD INDUSTRIES, INC., a New Jersey corporation; LONGWOOD INTERNATIONAL, INC., a Delaware corporation; RCL, L.L.C., a Tennessee limited liability company; WABTEC RAILWAY ELECTRONICS, INC., a Delaware corporation; WABTEC RAILWAY ELECTRONICS MANUFACTURING, INC., a Delaware corporation; TRANSTECH OF SOUTH CAROLINA, INC., a Delaware corporation By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President, Finance of each Guarantor listed above RAILROAD CONTROLS, L.P., a Texas limited partnership By: RCL, L.L.C., its General Partner By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL) Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President, Finance PNC BANK, NATIONAL ASSOCIATION, as a Lender and as Administrative Agent By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSenior Vice President JPMORGAN CHASE BANK, LLCN.A., as a Delaware limited liability company Lender By: /s/ P▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇’▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇’▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: SVP as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Deputy Director as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Managing Director as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇ Title: Director By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Director as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Director as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, Managing Director as a Delaware limited liability company Lender By: /s/ P▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Vice PresidentPresident as a Lender By: /s/ C. ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: C. ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President as a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President * The Term Loan Commitment Fee applicable during (i) the period commencing on the Closing Date and continuing through and including the Initial Term Loan Draw Date shall be 10 bps, and (ii) the period commencing on the day immediately following the Initial Term Loan Draw Date shall be determined by reference to the above-referenced pricing grid. For purposes of determining the Applicable Margin, the Applicable Commitment Fee Rate and the Applicable Letter of Credit Fee Rate:
Appears in 1 contract
Sources: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTCALUMET SPECIALTY PRODUCTS PARTNERS, L.P., as a Borrower By: Calumet GP, LLC, a Delaware limited liability company its general partner By: /s/ PR. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 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 CALUMET SALES COMPANY INCORPORATED, as a Borrower By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President-Finance and Treasurer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET PENRECO, 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 CALUMET FINANCE CORP., as a Borrower By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President-Finance and Treasurer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement CALUMET SUPERIOR, 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 CALUMET MISSOURI, 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 CALUMET PACKAGING, 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 ROYAL PURPLE, 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 CALUMET MONTANA REFINING, 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 CALUMET SAN ANTONIO REFINING, LLC, as a Borrower By: Calumet Shreveport Fuels, LLC, its sole member 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 Office Signature Page to Second Amendment to Second Amended and Restated Credit Agreement BEL-RAY COMPANY, 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 WELD CORPORATION, as a Borrower By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President-Finance and Treasurer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement ADF HOLDINGS, 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 ANCHOR DRILLING FLUIDS USA, 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 CALUMET NORTH DAKOTA, 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., 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 KURLIN COMPANY, LLC, as a Borrower By: Bel-Ray Company, LLC, its sole member 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 Office Signature Page to Second Amendment to Second Amended and Restated Credit Agreement ANCHOR OILFIELD SERVICES, 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., 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 AGENT AND LENDERS: BANK OF AMERICA, N.A.,as Agent, a Lender and an Issuing BankBy: /s/ ▇▇▇▇▇ VanBeberName: ▇▇▇▇▇ VanBeberTitle: Senior Vice President Signature Page to Second Amendment to Second Amended and Restated Credit Agreement ` ▇▇▇▇▇ FARGO BANK, NATIONAL as Co-Syndication agent and a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Duly Authorized Signatory Signature Page to Second Amendment to Second Amended and Restated Credit Agreement as Co-Syndication Agent and a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Authorized Officer Signature Page to Second Amendment to Second Amended and Restated Credit Agreement DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇ Fornies Name: ▇▇▇▇▇▇ Fornies Title: Assistant Vice President Signature Page to Second Amendment to Second Amended and Restated Credit Agreement as Co-Documentation Agent and a Lender By: Name: Title: Signature Page to Second Amendment to Second Amended and Restated Credit Agreement as a Lender By: Name: Title: Signature Page to Second Amendment to Second Amended and Restated Credit Agreement REGIONS BANK, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇. ▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Signature Page to Second Amendment to Second Amended and Restated Credit Agreement BARCLAYS BANK PLC, as a Lender By: /s/ M▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President Signature Page to Second Amendment to Second Amended and Restated Credit Agreement NATIXIS, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentManaging Director By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Director Signature Page to Second Amendment to Second Amended and Restated Credit Agreement COMPASS BANK, as a Lender By: Name: Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as a Lender By: /s/ ▇▇▇▇▇ ▇▇ Name: ▇▇▇▇▇ ▇▇ Title: Authorize Signatory Signature Page to Second Amendment to Second Amended and Restated Credit Agreement ROYAL BANK OF CANADA, as a Lender By: Name: Title: Signature Page to Second Amendment to Second Amended and Restated Credit Agreement SIEMENS FINANCIAL SERVICES, as a Lender By: Name: Title: By: Name: Title: Signature Page to Second Amendment to Second Amended and Restated Credit Agreement BMO ▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Signature Page to Second Amendment to Second Amended and Restated Credit Agreement THE BANK OF TOKYO-MITSUBISHI UFJ, as a Lender By: Name: Title: Signature Page to Second Amendment to Second Amended and Restated Credit Agreement
Appears in 1 contract
Sources: Credit Agreement (Calumet Specialty Products Partners, L.P.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTTAKE-TWO INTERACTIVE SOFTWARE, LLCINC., a Delaware limited liability company corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice PresidentChief Financial Officer ▇▇▇▇ OF ALL GAMES, INC., a New York corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer GUARANTORS: 2K GAMES, INC., a Delaware corporation 2KSPORTS, INC., a Delaware corporation FIRAXIS GAMES, INC., a Delaware corporation FROG CITY SOFTWARE, INC., a Delaware corporation GLOBAL STAR SOFTWARE, INC., a Delaware corporation INDIE BUILT, INC., a Delaware corporation INVENTORY MANAGEMENT SYSTEMS, INC., a Delaware corporation KUSH GAMES, INC., a California corporation TAKE-TWO LICENSING, INC., a Delaware corporation TALONSOFT, INC., a Delaware corporation VISUAL CONCEPTS ENTERTAINMENT, a California corporation VLM ENTERTAINMENT GROUP, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer ANGEL STUDIOS, INC., a Virginia corporation IRRATIONAL STUDIOS LLC, a Delaware limited liability company ROCKSTAR GAMES, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Treasurer CAT DADDY GAMES, L.L.C., a Washington limited liability company By: Take-Two Interactive Software, Inc., its sole member By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Financial Officer FREEDOM FORCE PROPERTIES LLC, a Delaware limited liability company IRRATIONAL GAMES LLC, a Delaware limited liability company IRRATIONAL GAMES DEVELOPMENT LLC, a Delaware limited liability company By: Irrational Studios LLC, its sole member By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Treasurer ▇▇▇▇▇ FARGO FOOTHILL, INC., a California corporation, as Agent and as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: SVP
Appears in 1 contract
Sources: Credit Agreement (Take Two Interactive Software Inc)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTBRIDGEPOINT PROPERTY TRUST, LLC, a Maryland real estate investment trust By: /s/ John A. Mannix Name: John A. Mannix Title: President CEDARS LA LLC a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ John A. Mannix Name: P▇▇▇ ▇. ▇▇▇▇▇▇ John A. Mannix Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, President HERALD SQUARE LLC a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ John A. Mannix Name: P▇▇▇ ▇. ▇▇▇▇▇▇ John A. Mannix Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, President INDIANA AVENUE LLC a Delaware limited liability company By: /s/ P▇▇▇ ▇. John A. Mannix Name: John A. Mannix Title: President LAKEWOOD PROPERTY TRUST a Maryland real estate investment trust By: /s/ John A. Mannix Name: John A. Mannix Title: President 1600 MARKET STREET PROPERTY TRUST a Ma▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director investment trust By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ John A. Mannix Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ John A. Mannix Title: President MEMBER: ------ SP HOLDING PROPERTY TRUST, a Maryland real estate investment trust By: /s/ John A. Mannix Name: John A. Mannix Title: Vice PresidentPresident GUARANTOR: ---------- HUB REALTY COLLEGE PARK I, LLC a Maryland limited liability company By: Hub Management, Inc. Its Manager By: /s/ John A. Mannix Name: John A. Mannix Title: MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation By: /s/ Andrea Balkam Name: Andrea Balkam Title: Vice President STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) On this ______ day of December, 2000, before me appeared __________________, to me personally known, or satisfactorily proven to be the person whose name is subscribed to the foregoing as ___________________ of ___________________, for the purposes therein set forth, and that the same is its act and deed. ____________________________________ Name of Notary: Notary Public My Commission expires:______________ LIST OF EXHIBITS AND SCHEDULES Exhibits Exhibit A - Properties Exhibit B - Ground Leases; Ground Leased Properties Exhibit C - Allocated Loan Amounts Exhibit D - Form of Subordination, Non-Disturbance and Attornment Agreement List of Exhibits & Schedules EXHIBIT A
Appears in 1 contract
Sources: Loan and Security Agreement (HRPT Properties Trust)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTUNITED AGRI PRODUCTS CANADA INC., LLCas Canadian Borrower UNITED AGRI PRODUCTS, INC., as a Delaware limited liability company By: /s/ P▇▇▇ ▇U.S. Borrower UAP DISTRIBUTION, INC., as a U.S. Borrower LOVELAND PRODUCTS, INC., as a U.S. Borrower UAP HOLDING CORP. LOVELAND INDUSTRIES, INC. PLATTE CHEMICAL CO. SNAKE RIVER CHEMICALS, INC. TRANSBAS, INC. UAP TIMBERLAND, LLC ▇▇▇▇▇▇ Name: P, LLC GENERAL ELECTRIC CAPITAL CORPORATION, as Agent, an L/C Issuer and a Lender GE CANADA FINANCE HOLDING COMPANY, as Canadian Agent DEERE CREDIT, INC., as a Lender PNC BANK NATIONAL ASSOCIATION, as a Lender BANK OF AMERICA, N.A., as a Lender COOPERATIEVE CENTRALE RAIFFEISEN-BOERELEENBANK B.A., “RABOBANK INTERNATIONAL” NEW YORK BRANCH, as a Lender ▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇ CAPITAL, A DIVISION OF ▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇ BUSINESS FINANCIAL SERVICES INC., as a Lender UBS LOAN FINANCE LLC, as a Lender BANK OF MONTREAL, as a Lender AMERICAN INTERNATIONAL GROUP, INC. GALAXY CLO 2003-1, LTD. GALAXY III CLO, LTD. GALAXY IV CLO, LTD. GALAXY V CLO, LTD. GALAXY VI CLO, LTD. BLACKROCK SENIOR INCOME SERIES BLACKROCK SENIOR INCOME SERIES II BLACKROCK SENIOR INCOME SERIES III BLACKROCK SENIOR INCOME SERIES V f/k/a Granite Finance Limited BLACKROCK SENIOR INCOME SERIES IV MAGNETITE V CLO, LIMITED SENIOR LOAN FUND CS ADVISORS CLO I LTD. BRIDGEPORT CLO LTD. MARQUETTE PARK CLO LTD. MARKET SQUARE CLO LTD. LONG GROVE CLO, LIMITED BRYN MAWR II CLO, LTD. CUMBERLAND II CLO, LTD. ROSEMONT CLO, LTD. MUIRFIELD TRADING LLC ACCESS INSTITUTIONAL LOAN FUND FOREST CREEK CLO, LTD. DENALI CAPITAL CLO V, LTD. DENALI CAPITAL CLO VI, LTD. DENALI CAPITAL CLO VII, LTD. DENALI CAPITAL CLO VIII, LTD. ▇▇▇▇▇ Title: Vice President▇▇▇▇▇ VT FLOATING-RATE INCOME FUND ▇▇▇▇▇ ▇▇▇▇▇ VARIABLE LEVERAGE FUND LTD. ▇▇▇▇▇▇▇ & CO. ▇▇▇▇▇ ▇▇▇▇▇ INSTITUTIONAL SENIOR LOAN FUND ▇▇▇▇▇ ▇▇▇▇▇ CDO VIII, LTD. GOLDENTREE LOAN OPPORTUNITIES III, LTD. GOLDENTREE LOAN OPPORTUNITIES V, LTD. THE HARTFORD MUTUAL FUNDS, INC., ON BEHALF OF THE HARTFORD FLOATING RATE FUND ATLAS LOAN FUNDING (HARTFORD), LLC HARTFORD INSTITUTIONAL TRUST, ON BEHALF OF ITS FLOATING RATE BANK LOAN SERIES VICTORIA FALLS CLO, LTD. DIAMOND LAKE CLO, LTD. SUMMIT LAKE CLO, LTD. CLEAR LAKE CLO, LTD. GANNETT PEAK CLO I, LTD.
Appears in 1 contract
Sources: Credit Agreement (Uap Holding Corp)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTSOURCE INTERLINK COMPANIES, LLCINC., a Delaware limited liability company By: /s/ P▇▇▇ ▇corporation, as successor by merger to SOURCE INTERLINK COMPANIES, INC., a Missouri corporation, as Administrative Borrower SOURCE U.S. MARKETING SERVICES, INC. a Delaware corporation BRAND MANUFACTURING CORP. a New York corporation SOURCE - MYCO, INC. a Delaware corporation SOURCE - ▇▇▇▇▇▇ Name: P▇▇▇ ▇INDUSTRIES, INC. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company corporation SOURCE - HUCK STORE FIXTURE COMPANY a Delaware corporation HUCK STORE FIXTURE COMPANY OF NORTH CAROLINA a North Carolina corporation INTERNATIONAL PERIODICAL DISTRIBUTORS, INC. a Nevada corporation SOURCE INTERLINK INTERNATIONAL INC. a Delaware corporation PRIMARY SOURCE, INC. a Delaware corporation SOURCE HOME ENTERTAINMENT, INC. a Delaware corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ ------------------------------- Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director Chief Financial Officer ALLIGATOR ACQUISITION LLC as successor by merger to ALLIANCE ENTERTAINMENT CORP., a Delaware corporation By: SOURCE INTERLINK COMPANIES, INC. its sole member By: /s/ M▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ------------------------------- Name: M▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Financial Officer AEC ONE STOP GROUP, INC. a Delaware corporation By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ ------------------------------- Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice PresidentChief Financial Officer AEC SUPERMARKET SERVICES GROUP, LLC a Delaware limited liability company By: AEC ONE STOP GROUP, INC. its sole member By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ ------------------------------- Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Financial Officer GUARANTORS: THE SOURCE-CANADA CORP. an Ontario corporation SOURCE INTERLINK CANADA INC. a British Columbia corporation SOURCE - CHESTNUT DISPLAY SYSTEMS, INC. a Delaware corporation
Appears in 1 contract
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTSPORTSMAN'S WAREHOUSE, LLCINC., a Delaware limited liability company Utah corporation, as Lead Borrower and as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSCSPORTSMAN'S WAREHOUSE SOUTHWEST, LLCINC., a Delaware limited liability company California corporation, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLCMINNESOTA MERCHANDISING CORP., a Delaware limited liability company Minnesota corporation, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GPPACIFIC FLYWAY WHOLESALE, LLC, a Delaware limited liability company, its general partner as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Sportsman's Warehouse, Inc., its Sole Member By: Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GPSPORTSMAN'S WAREHOUSE DEVELOPMENT I, LLC, a Delaware limited liability company, its general partner as a Borrower By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Sportsman's Warehouse, Inc., its Sole Member By: Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNERSPORTSMAN'S WAREHOUSE DEVELOPMENT II, LLC, a Delaware limited liability company company, as a Borrower By: /s/ P▇▇▇ ▇. ▇▇Sportsman's Warehouse, Inc., its Sole Member By: Name: Title: $ May 23, 2018 FOR VALUE RECEIVED, the undersigned (individually, a "Borrower" and, collectively, the "Borrowers"), jointly and severally promise to pay to the order of W▇▇▇▇ Name: P▇FARGO BANK, NATIONAL ASSOCIATION (hereinafter, with any subsequent holders, the "Swing Line Lender"), at O▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ Name: M▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, the principal sum of ________ MILLION DOLLARS ($_______), or, if less, the aggregate unpaid principal balance of Swing Line Loans made by the Swing Line Lender to or for the account of any Borrower pursuant to the Amended and Restated Credit Agreement dated as of the date hereof (as amended, restated, supplemented or otherwise modified and in effect from time to time, the "Credit Agreement") by, among others, (i) SPORTSMAN'S WAREHOUSE, INC., a Utah corporation (in such capacity, the "Lead Borrower"), as representative for the Borrowers from time to time party thereto (individually, a "Borrower" and, collectively with the Lead Borrower, the "Borrowers"), (ii) the Borrowers, (iii) the Guarantors from time to time party thereto (individually, a "Guarantor" and, collectively, the "Guarantors"), (iv) the Lenders from time to time party thereto (individually, a "Lender" and, collectively, the "Lenders"), and (v) W▇▇▇▇ Title: Vice PresidentFargo Bank, National Association, as Administrative Agent, Collateral Agent, Swing Line Lender, and L/C Issuer, with interest at the rate and payable in the manner stated therein. This is a "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 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 Loans, the accrual of interest thereon, and the repayment of such Loans, shall, absent manifest error, be prima facie evidence of the indebtedness to the Swing Line Lender hereunder. No delay or omission by any Agent or the Swing Line Lender in exercising or enforcing any of such Agent's or the Swing Line Lender's powers, rights, privileges, remedies, or discretions hereunder shall operate as a waiver thereof on that occasion nor on any other occasion. No waiver of any Event of Default shall operate as a waiver of any other Event of Default, nor as a continuing waiver of any such Event of Default (unless specifically stated in such waiver). Each Borrower, each guarantor and each endorser of this Note, waives presentment, demand, notice, and protest, and also waives any delay on the part of the holder hereof. Each Borrower assents to any extension or other indulgence (including, without limitation, the release or substitution of Collateral) permitted by any Agent and/or the Swing Line Lender with respect to this Note and/or any Collateral or any extension or other indulgence with respect to any other liability or any collateral given to secure any other liability of any Borrower or any other Person obligated on account of this Note. This Note shall be binding upon each Borrower, and each guarantor and endorser hereof, and upon their respective successors, assigns, and representatives, and shall inure to the benefit of Swing Line Lender and its successors, endorsees, and assigns. The liabilities of each Borrower, of each guarantor, and of any endorser of this Note, are joint and several, provided, however, the release by any Agent or the Swing Line Lender of any one or more such Persons shall not release any other Person obligated on account of this Note. Each reference in this Note to any Borrower, any guarantor, and any endorser, is to such Person individually and also to all such Persons jointly. No Person obligated on account of this Note may seek contribution from any other Person also obligated unless and until all of the Obligations have been paid in full in cash. THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. EACH OF THE BORROWERS IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER LOAN DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE BORROWERS IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE BORROWERS AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS NOTE OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT OR THE SWING LINE LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS NOTE OR ANY OTHER LOAN DOCUMENT AGAINST ANY OF THE BORROWERS OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION. EACH OF THE BORROWERS IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER LOAN DOCUMENT IN ANY COURT REFERRED TO ABOVE. EACH OF THE BORROWERS HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING IN ANY SUCH COURT. Each Borrower makes the following waiver knowingly, voluntarily, and intentionally, and understands that the Agents and the Swing Line Lender, in the establishment and maintenance of their respective relationship with the Borrowers contemplated by this Note, are each relying thereon. EACH BORROWER, EACH GUARANTOR, EACH ENDORSER, AND THE SWING LINE LENDER, BY ITS ACCEPTANCE HEREOF, HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH BORROWER AND THE SWING LINE LENDER, BY ITS ACCEPTANCE HEREOF, (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT THE ADMINISTRATIVE AGENT AND THE SWING LINE LENDER HAVE BEEN INDUCED TO ENTER INTO THE CREDIT AGREEMENT AND THIS NOTE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS HEREIN. This Note is issued in exchange for, and amends, restates and replaces in its entirety, that certain Swing Line Loan Note, dated as of May 28, 2010 (the "Restated Note") in the original principal amount of Seven Million Five Hundred Thousand Dollars ($7,500,000.00) made payable by the undersigned to the order of W▇▇▇▇ Fargo Retail Finance, LLC (predecessor by merger to the Swing Line Lender). It is expressly agreed that the indebtedness evidenced by the Restated Note has not been extinguished or discharged hereby. Each of the Borrowers agrees that the execution of and delivery of this Note is not intended to and shall not cause or result in a novation with respect to the Restated Note.
Appears in 1 contract
Sources: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMTTARRAGON HUNTSVILLE APARTMENTS, LLCL.L.C., a Delaware an Alabama limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GPAnsonia MezzCo, LLC, a Delaware limited liability company, its general partner Managing Member By: /s/ P▇▇▇ ▇. K▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNERK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary W▇▇▇ ▇▇▇▇ NATIONAL ASSOCIATES, LPL.P., a Delaware Texas limited partnership By: ARC Hospitality NBL NTC Owner GPVintage National, Inc., a Texas corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary MANCHESTER TARRAGON, LLC, a Connecticut limited liability company By: Woodcreek Garden Apartments, a California limited partnership, its Managing Member By: TRI Woodcreek, Inc., a Nevada corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary AUTUMN RIDGE APARTMENTS, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its general partner Managing Member By: /s/ PK▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: JK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ TitleExecutive Vice President and Secretary DOGWOOD HILLS APARTMENTS, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Director Member By: /s/ MK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary FOREST PARK TARRAGON, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary ANSONIA ACQUISITIONS I, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary HAMDEN CENTRE APARTMENTS, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary ANSONIA LIBERTY, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary OCEAN BEACH APARTMENTS, LLC, a Connecticut limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary D▇▇▇▇▇▇▇ APARTMENT OWNERS, L.L.C., a Florida limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary PLANTATION BAY APARTMENTS, L.L.C., a Florida limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary TARRAGON SAVANNAH I, L.L.C., a Georgia limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary TARRAGON SAVANNAH II, L.L.C., a Georgia limited liability company By: Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary H▇▇▇▇▇▇ LIMITED PARTNERSHIP, a Maryland limited partnership By: Vintage National, Inc., a Texas corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇] Executive Vice President and Secretary SUMMIT / TARRAGON MURFREESBORO, L.L.C., a Tennessee limited liability company By: S▇▇▇▇▇▇ Square National, Inc., a Nevada corporation, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary VINTAGE LEGACY LAKES NATIONAL, L.P., a Texas limited partnership By: Vintage National, Inc., a Nevada corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Executive Vice President and Secretary HERON COVE NATIONAL, INC., a Florida corporation By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: MK▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ TARRAGON CORPORATION, a Nevada corporation By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: DOGWOOD HILLS APARTMENTS, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: AUTUMN RIDGE APARTMENTS, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: 1 Each of the Guarantors, other than W▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ and Tarragon Corporation, is an Indemnitor as well. FOREST PARK TARRAGON, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP ANSONIA ACQUISITIONS I, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP HAMDEN CENTRE APARTMENTS, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP ANSONIA LIBERTY, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP OCEAN BEACH APARTMENTS, LLC, a Connecticut limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP EVP W▇▇▇ ▇▇▇▇ NATIONAL ASSOCIATES, L.P., a Texas limited partnership Vintage National, Inc., a Texas corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP MANCHESTER TARRAGON, LLC, a Connecticut limited liability Woodcreek Garden Apartments, a California limited partnership, its Managing Member TRI Woodcreek, Inc. a Nevada corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP D▇▇▇▇▇▇▇ APARTMENT OWNERS, L.L.C. a Florida limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP TARRAGON HUNTSVILLE APARTMENTS, L.L.C., an Alabama limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP H▇▇▇▇▇▇ LIMITED PARTNERSHIP, a Maryland limited partnership Vintage National, Inc., a Texas corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP TARRAGON SAVANNAH I,L.L.C., a Georgia limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP TARRAGON SAVANNAH II, L.L.C., a Georgia limited liability company Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP HERON COVE NATIONAL, INC., a Florida corporation By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP VINTAGE LEGACY LAKES NATIONAL, L.P., a Texas limited partnership Vintage National, Inc., a Texas Corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP PLANTATION BAY APARTMENTS, L.L.C., a Florida limited liability partnership Ansonia MezzCo, LLC, a Delaware limited liability company, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP SUMMIT/TARRAGON MURFREESBORO, L.L.C., a Tennessee limited liability company S▇▇▇▇▇▇ Square National, Inc., a Nevada corporation, its Managing Member By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP ANSONIA MEZZCO, L.L.C. a Delaware limited liability company By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP VINTAGE NATIONAL, INC., a Texas corporation By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP S▇▇▇▇▇▇ SQUARE NATIONAL, INC., a Nevada corporation By: /s/K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP WOODCREEK GARDEN APARTMENTS, a California limited partnership TRI Woodcreek, Inc., a Nevada corporation, its General Partner By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP TRI WOODCREEK, INC., a Nevada corporation By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP TARRAGON CORPORATION, a Nevada corporation By: /s/ D▇▇▇▇ ▇▇▇▇▇▇▇ Name: D▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice PresidentPresident TARRAGON MANAGEMENT, INC., a Texas corporation By: /s/ K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: EVP SUNCHASE AMERICAN, LTD., a North Carolina corporation By: Name: Title: PACIFIC WEST MANAGEMENT, INC., a California corporation By: Name: Title: ·
Appears in 1 contract
Sources: Loan Agreement (Tarragon Corp)
BORROWERS. AMERICAN REALTY UNITED AGRI PRODUCTS CANADA INC., as Canadian Borrower UNITED AGRI PRODUCTS, INC., as a U.S. Borrower UAP DISTRIBUTION, INC., as a U.S. Borrower LOVELAND PRODUCTS, INC., as a U.S. Borrower UAP HOLDING CORP. LOVELAND INDUSTRIES, INC. PLATTE CHEMICAL CO. SNAKE RIVER CHEMICALS, INC. TRANSBAS, INC. UAP TIMBERLAND, LLC GENERAL ELECTRIC CAPITAL HOSPITALITY PORTFOLIO SMTCORPORATION, LLCas Agent, an L/C Issuer and a Delaware limited liability company By: /s/ PLender GE CANADA FINANCE HOLDING COMPANY, as Canadian Agent ▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ M▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P., as a Lender DEERE CREDIT, INC., as a Lender PNC BANK NATIONAL ASSOCIATION, as a Lender BANK OF AMERICA, N.A., as a Lender COOPERATIVE CENTRALE RAIFFEISEN-BOERELEENBANK B.A., “RABOBANK INTERNATIONAL” NEW YORK BRANCH, as a Lender ▇▇▇▇▇ Name: M▇▇▇▇▇ ▇▇▇▇▇ CAPITAL, A DIVISION OF ▇▇▇▇▇▇▇ Title: Vice President▇▇▇▇▇ BUSINESS FINANCIAL SERVICES INC., as a Lender UBS LOAN FINANCE LLC, as a Lender BANK OF MONTREAL, as a Lender AMERICAN INTERNATIONAL GROUP, INC. GALAXY CLO 2003-1, LTD. GALAXY III CLO, LTD. GALAXY IV CLO, LTD. GALAXY V CLO, LTD. GALAXY VI CLO, LTD. ACAS CLO 2006-1, Ltd. BLACKROCK SENIOR INCOME SERIES BLACKROCK SENIOR INCOME SERIES II BLACKROCK SENIOR INCOME SERIES III GRANITE FINANCE LIMITED MAGNETITE IV CLO, LIMITED MAGNETITE V CLO, LIMITED SENIOR LOAN FUND CS ADVISORS CLO I LTD. BRIDGEPORT CLO LTD. MARQUETTE PARK CLO LTD. MARKET SQUARE CLO LTD. LONG GROVE CLO, LTD. BRYN MAWR CLO, LTD. CUMBERLAND II CLO, LTD. ROSEMONT CLO, LTD. MUIRFIELD TRADING LLC ACCESS INSTITUTIONAL LOAN FUND FOREST CREEK CLO, LTD. DENALI CAPITAL CLO I, LTD. DENALI CAPITAL CLO III, LTD. DENALI CAPITAL CLO V, LTD. DENALI CAPITAL CLO VI, LTD. ▇▇▇▇▇ ▇▇▇▇▇ VT FLOATING-RATE INCOME FUND ▇▇▇▇▇ ▇▇▇▇▇ VARIABLE LEVERAGE FUND LTD. ▇▇▇▇▇▇▇ & CO. ▇▇▇▇▇ ▇▇▇▇▇ INSTITUTIONAL SENIOR LOAN FUND ▇▇▇▇▇ ▇▇▇▇▇ CDO VIII, LTD. FOUR CORNERS CLO II, LTD. FOUR CORNERS CLO III, LTD. KNIGHT CBNA LOAN FUNDING LLC GOLDENTREE LOAN OPPORTUNITIES I, LTD. GOLDENTREE LOAN OPPORTUNITIES III, LTD. GSC PARTNERS GEMINI FUND LIMITED THE HARTFORD MUTUAL FUNDS, INC., ON BEHALF OF THE HARTFORD FLOATING RATE FUND ATLAS LOAN FUNDING (HARTFORD), LLC HARTFORD INSTITUTIONAL TRUST, ON BEHALF OF ITS FLOATING RATE BANK LOAN SERIES VICTORIA FALLS CLO, LTD. DIAMOND LAKE CLO, LTD. SUMMIT LAKE CLO, LTD. ▇▇▇▇▇▇▇▇▇ LOAN OPPORTUNITY LTD. GANNETT PEAK CLO I, LTD.
Appears in 1 contract
Sources: Credit Agreement (Uap Holding Corp)
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLCWESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware limited liability company corporation By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HH ATLGA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL CY CBSOH OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ MA▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ Name: M(SEAL)Name:A▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ Title:Chief Financial Officer WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL)Name:P▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title:Authorized Person [Signature Page to First Amended and Restated Refinancing Credit Agreement] MOTIVEPOWER, INC., a Delaware corporation;RAILROAD FRICTION PRODUCTS CORPORATION, a Delaware corporation;RICON CORP., a California corporation;S▇▇▇▇▇▇▇ EQUIPMENT, INC., an Ohio corporation;YOUNG TOUCHSTONE COMPANY, a Wisconsin corporation;STANDARD CAR TRUCK COMPANY, a Delaware corporation;DUROX COMPANY, an Ohio corporation;G&B SPECIALTIES, INC., a Pennsylvania corporation;GBI USA HOLDINGS, INC., a Nevada corporation;XORAIL, LLC, a Delaware limited liability company;XORAIL, INC., a Florida corporation;WABTEC INTERNATIONAL, INC., a Delaware corporation;RFPC HOLDING CORP., a Delaware corporation;WABTEC HOLDING CORP., a Delaware corporation;TURBONETICS HOLDINGS, INC., a Delaware corporation;B▇▇▇▇▇ STEEL FOUNDRY CORP., a Delaware corporation;LONGWOOD ELASTOMERS, INC., a Virginia corporation;LONGWOOD INDUSTRIES, INC., a New Jersey corporation;LONGWOOD INTERNATIONAL, INC., a Delaware corporation; By: /s/ P▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (SEAL)Name:P▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title:Vice President, Finance of each Guarantor listed above [Signature Page to First Amended and Restated Refinancing Credit Agreement] PNC BANK, NATIONAL ASSOCIATION, as a Lender and as Administrative Agent By: /s/ T▇▇▇▇ ▇. DeCockName:T▇▇▇▇ ▇. DeCockTitle:Senior Vice President [Signature Page to First Amended and Restated Refinancing Credit Agreement] JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ D▇▇▇▇▇▇ ▇. WinklerName:D▇▇▇▇▇▇ ▇. WinklerTitle:Vice President [Signature Page to First Amended and Restated Refinancing Credit Agreement] CITIZENS BANK OF PENNSYLVANIA, as a Lender By: /s/ P▇▇▇▇▇ MedsgerName:P▇▇▇▇▇ MedsgerTitle:Senior Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ B▇▇▇ HenryName:B▇▇▇ HenryTitle:Vice President BRANCH BANKING AND TRUST COMPANY, as a Lender By: /s/ B▇▇▇▇ ▇▇▇▇▇▇ Name:B▇▇▇▇ WalserTitle:Assistant Vice President [Signature Page to First Amended and Restated Refinancing Credit Agreement] THE BANK OF TOKYO‑MITSUBISHI UFJ, LTD., as a Lender By: /s/ G▇▇▇▇▇ StoeckleinName:G▇▇▇▇▇ StoeckleinTitle:Director THE BANK OF NOVA SCOTIA, as a Lender By: /s/ R▇▇▇▇▇ TobonName:R▇▇▇▇▇ TobonTitle:Director HSBC BANK USA, N.A., as a Lender By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. HelmeciName:C▇▇▇▇▇▇▇▇▇▇ ▇. HelmeciTitle:Sr. Global RM [Signature Page to First Amended and Restated Refinancing Credit Agreement] W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ J▇▇▇▇ TravaglineName:J▇▇▇▇ TravaglineTitle:Director TD BANK, N.A., as a Lender By: /s/ M▇▇▇ HoganName:M▇▇▇ HoganTitle:Executive Director FIFTH THIRD BANK, as a Lender By: /s/ M▇▇▇▇▇▇ BarnettName:M▇▇▇▇▇▇ BarnettTitle:Managing Director THE HUNTINGTON NATIONAL BANK, as a Lender By: /s/ M▇▇▇▇▇▇ KissName:M▇▇▇▇▇▇ KissTitle:Vice President [Signature Page to First Amended and Restated Refinancing Credit Agreement] THE PRIVATEBANK AND TRUST COMPANY, as a Lender By: /s/ T▇▇▇▇▇ BalserName:T▇▇▇▇▇ BalserTitle:Managing Director FIRST COMMONWEALTH BANK, as a Lender By: /s/ N▇▇▇ ▇▇▇▇▇-RobertsName:N▇▇▇ ▇▇▇▇▇-RobertsTitle:Senior Vice President [Signature Page to First Amended and Restated Refinancing Credit Agreement] CITIBANK, N.A., as a Lender By: /s/ R▇▇▇ ▇. BeiserName:R▇▇▇ ▇. BeiserTitle:Senior Vice President FIRST NATIONAL BANK OF PENNSYLVANIA, as a Lender By: /s/ M▇▇▇▇▇▇ ▇. PearceName:M▇▇▇▇▇▇ ▇. PearceTitle:Vice President For purposes of determining the Applicable Margin, the Applicable Commitment Fee Rate and the Applicable Letter of Credit Fee Rate:
Appears in 1 contract
Sources: Revolving Credit Facility (Westinghouse Air Brake Technologies Corp)