BORROWERS. ▇▇▇▇▇▇▇ DYNAMICS, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent
Appears in 2 contracts
Sources: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
BORROWERS. ▇▇▇▇▇▇▇ DYNAMICS, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO W▇▇▇▇▇▇, LLC INC., a Delaware corporation, individually, as a Borrower and as Funds Administrator By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer PRINCE, INC., as a Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: President WELLMAN OF MISSISSIPPI, INC., as a Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇CARPET RECYCLING OF GEORGIA, ▇▇INC., as a Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent ByName: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇’Title: Vice President ALG, INC., as a Borrower By: /s/ K▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ Name: K▇’▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director President PERMACLEAR EAST INCORPORATED, as a Borrower By: /s/ K▇▇▇▇ Ivashkov Name: ▇▇▇▇▇▇▇▇ Ivashkov Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINPresident FIBER INDUSTRIES, INC., as Lendersa Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President W▇▇▇▇▇▇ RESINS LLC, CREDIT SUISSE AGas a Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Manager PTA RESOURCES, CAYMAN ISLANDS BRANCH LLC, as a Borrower By: /s/ K▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: President AGENT: DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender, Administrative AgentAgent and Collateral Agent By: Title:
Appears in 1 contract
Sources: Credit Agreement (Wellman Inc)
BORROWERS. NEENAH PAPER, INC., as a Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President, CFO and Treasurer NEENAH PAPER MICHIGAN, INC., as a Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President, CFO and Treasurer as a Borrower By: Neenah Paper, Inc., as its sole member By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President, CFO and Treasurer (successor by conversion to Neenah Paper FVC, Inc.), as a Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President, CFO and Treasurer NEENAH PAPER FR, LLC, as a Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President, CFO and Treasurer JPMORGAN CHASE BANK, N.A., as a Lender, as the Agent and as Swingline Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ DYNAMICSName: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Authorized Officer BANK OF AMERICA, L.L.C. N.A., as a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President UBS AG, Stamford Branch, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO Associate Director ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSLENDING PARTNERS LLC, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)Authorized Signatory BMO ▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director BySubject: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINNeenah Paper, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentInc. Borrowing Base Certificate # We hereby certify the following information:
Appears in 1 contract
Sources: Credit Agreement (Neenah Paper Inc)
BORROWERS. ACY SN 19002 LIMITED, as Borrower By: /s/ B▇▇▇▇ ▇▇▇▇▇ Name: B▇▇▇▇ ▇▇▇▇▇ Title: Director ACY SN 19003 LIMITED, as Borrower By: /s/ B▇▇▇▇ ▇▇▇▇▇ Name: B▇▇▇▇ ▇▇▇▇▇ Title: Director ACY E-175 LLC, as Borrower By: AeroCentury Corp., its Manager By: /s/ T▇▇▇ ▇. ▇▇▇▇▇▇▇ DYNAMICSName: T▇▇▇ ▇▇▇▇▇▇▇ Title: SVP Finance ACY SN 15129 LLC, L.L.C. as Borrower By: AeroCentury Corp., its Manager By: /s/ T▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: T▇▇▇ ▇▇▇▇▇▇▇ Title: SVP Finance NORDDEUTSCHE LANDESBANK GIROZENTRALE, NEW YORK BRANCH, as a Participant By: /s/ O▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: O▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ Andreas Trunk Name: Andreas Trunk Title: Senior Director NORDDEUTSCHE LANDESBANK GIROZENTRALE, as Swap Counterparty By: /s/ S▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: S▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC LEGAL COUNSEL NORDDEUTSCHE LANDESBANK - GIROZENTRALE -AUTHORIZED SIGNATORY- By: /s/ C▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: C▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇SENIOR LEGAL COUNSEL NORDDEUTSCHE LANDESBANK - GIROZENTRALE -AUTHORIZED SIGNATORY- NORDDEUTSCHE LANDESBANK GIROZENTRALE, ▇as Agent By: /s/ O▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent ByName: /s/ O▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Managing Director By: /s/ Andreas Trunk Name: ▇▇Andreas Trunk Title: Senior Director WILMINGTON TRUST COMPANY, as Security Trustee By: /s/ R▇▇▇▇▇ ▇’. ▇▇▇▇▇ Title▇▇. Name: Director By: /s/ R▇▇▇▇▇ Ivashkov Name: ▇. ▇▇▇▇▇ Ivashkov ▇▇. Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentVice President
Appears in 1 contract
Sources: Credit Agreement (Aerocentury Corp)
BORROWERS. IHS INC. IHS HOLDING INC. IHS GLOBAL INC. By: /s/ ▇▇▇▇▇▇▇ DYNAMICS▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, L.L.C. Executive Vice President, ` Legal and Corporate Secretary IHS GROUP HOLDINGS LIMITED IHS GLOBAL LIMITED By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Authorized Signatory IHS GLOBAL S.A. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Proxy Holder IHS GLOBAL CANADA LIMITED By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Assistant Secretary IHS EMEA HOLDING S.A.R.L. IHS LUXEMBOURG S.A.R.L. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Authorized Signatory BANK OF AMERICA, N.A. individually and as Administrative Agent, By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Assistant Vice President BANK OF AMERICA, N.A., as Issuing Bank, Swingline Lender and as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President JPMORGAN CHASE BANK, N.A. By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ BANK OF CANADA by: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Authorized Signatory HSBC BANK USA, N.A. By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President U.S. BANK NATIONAL ASSOCIATION By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President SUNTRUST BANK By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director BNP PARIBAS By: /s/ ▇▇▇▇▇▇▇ De Clapiers Name: ▇▇▇▇▇▇▇ De Clapiers Title: Director By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director ▇▇▇▇▇ FARGO BANK N.A. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Director CITIZEN BANK, N.A. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President LENDER: CITIZEN BANK N.A., as a Tranche A-1 Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice Preisdent PNC BANK, NATIONAL ASSOCIATION By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Assistant Vice President COMPASS BANK, an Alabama Banking Corporation, as Co-Documentation Agent and a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Sr. Vice President TD BANK, N.A.. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: SVP ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇ Title: Director ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC Authorized Signatory BANK OF THE WEST By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. Director SUMITOMO MITSUI BANKING CORPORATION By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇Managing Director Each of the undersigned Domestic Guarantors: (i) consents and agrees to this Amendment including, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHwithout limitation, Sections 4.1 and 4.2 thereof; (ii) agrees that the Loan Documents to which it is a party shall remain in full force and effect and shall continue to be the legal, valid and binding obligation of such Domestic Guarantor enforceable against it in accordance with their respective terms; and (iii) agrees that the obligations, indebtedness and liabilities of the Borrowers arising under this Amendment and the promissory notes executed pursuant hereto are “Obligations” as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. defined in the Agreement and “Guaranteed Indebtedness” as a Lender defined in the U.S. Guaranty Agreement. IHS INC. IHS HOLDING INC. IHS GLOBAL INC. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Executive Vice President, Legal & Corporate Secretary ▇.▇. ▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)& CO. CARFAX, as a Lender INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as LendersExecutive Vice President, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentLegal & Corporate Secretary
Appears in 1 contract
Sources: Credit Agreement (IHS Inc.)
BORROWERS. UNITED RENTALS (NORTH AMERICA), INC., and as a Guarantor By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ DYNAMICSName: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President and Treasurer UNITED RENTALS OF CANADA, L.L.C. INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS FINANCING LIMITED PARTNERSHIP, and as a Guarantor By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS HIGHWAY TECHNOLOGIES GULF, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS (DELAWARE), INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS OF NOVA SCOTIA (NO. 1), ULC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS OF NOVA SCOTIA (NO. 2), ULC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UR CANADIAN FINANCING PARTNERSHIP By its Managing Partner, UNITED RENTALS FINANCING LIMITED PARTNERSHIP By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer UNITED RENTALS REALTY, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President and Treasurer BANK OF AMERICA, N.A., as the Agent, U.S. Swingline Lender and U.S. Letter of Credit Issuer By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Sr. Vice President BANK OF AMERICA, N.A. (acting through its Canada branch), as the Agent (as applicable), Canadian Swingline Lender and Canadian Letter of Credit Issuer By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇, ▇▇▇ ▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ FARGO CAPITAL FINANCE, LLC, as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇ Title: Managing Director ▇▇▇▇▇ FARGO CAPITAL FINANCE CORPORATION CANADA, as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Senior Vice President Credit Officer, Canada ▇▇▇▇▇ Fargo Capital Finance Corporation Canada CITIBANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President and Director Address: ▇▇▇▇ ▇▇▇▇▇ ▇▇. New Castle, DE 19720 Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ SENIOR FUNDING, Inc., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Loan Servicing ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Authorized Signatory ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Loan Servicing ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ THE BANK OF NOVA SCOTIA, as a Lender By: /s/ ▇▇▇▇▇▇▇ Grad Name: ▇▇▇▇▇▇▇ Grad Title: Director Address: ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Attn: Managing Director & Head, Execution Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇ BARCLAYS BANK PLC, as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President JPMorgan Chase Bank, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Officer Address: ▇▇▇ ▇▇▇▇ ▇▇▇. ▇▇ ▇▇. ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. Credit Risk Associate Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇ JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO Authorized Officer Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ NameAttn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ TitleTelecopy No.: VP CFO (▇▇▇) ▇▇▇, LLC By: /s/ ▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSMUFG Union Bank, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇ Union Bank, Canada Branch, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇, ▇▇▇ – ▇▇▇ ▇▇▇ ▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇ ▇▇▇ ▇▇▇▇ HSBC Bank, USA N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: SVP Address: ▇▇▇ ▇▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ HSBC Bank Canada, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Relationship Manager By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President Address: ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. ▇▇▇ ▇▇▇ Attn: Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ SunTrust Bank, as a Lender By: /s/ ▇▇▇▇▇ ▇’▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇’▇▇▇▇▇▇ Title: Director Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ABL Group Portfolio Manager Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ Citizens Business Capital, a division of Citizens Asset Finance, Inc. By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Title: Senior Vice President Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ Regions Bank, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ Royal Bank of Canada, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ BRANCH▇▇▇▇▇▇ Title: Attorney in fact Royal Bank of Canada, as a Administrative Agent Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇▇ Title: Director Attorney in fact Address: ▇▇▇ ▇▇▇ ▇▇., ▇▇▇▇▇▇▇, ▇▇, ▇▇▇ ▇▇▇ Attn: Portfolio Manager Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇ TD Bank, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Asset Based Lending Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ Bank of Montreal Chicago Branch, as a Lender By: /s/ ▇▇▇▇ Ivashkov ▇▇▇▇▇▇▇ Name: ▇▇▇▇ Ivashkov ▇▇▇▇▇▇▇ Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINManaging Director Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy No.: 312.293.8532 Bank of Montreal, as Lendersa Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President Address: Attn: Telecopy No.: Fifth Third Bank, CREDIT SUISSE AGas a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, CAYMAN ISLANDS BRANCH ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ NYCB SPECIALTY FINANCE COMPANY, LLC, a wholly owned subsidiary of NEW YORK COMMUNITY BANK, as Administrative a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇. Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇. Title: Senior Vice President Address: ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Telecopy No.: 508-543-3006 PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇ ▇. Council Name: ▇▇▇▇ ▇. Council Title: Vice President Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Attn: ▇▇▇▇ ▇. Council Telecopy No.: (F) ▇▇▇-▇▇▇-▇▇▇▇ (P) 704-551-8503 Siemens Financial Services, Inc., as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: VP Siemens Financial Services, Inc., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Loan Closer Address: ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Telecopy No.: ▇▇▇-▇▇▇-▇▇▇▇ Rockland Trust Company, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, VP All numbers in US $ thousands Inventory Availability (capped at $100 million) $ N/A $ Rental Equipment Availability $ $ $ Availability $ $ $ LESS: Reserves $ $ $ Rent Reserves $ $ $ Bank Product Reserves $ $ $ Pari Passu Debt Reserves $ $ $ Other Reserves $ $ $ Total Borrowing Base Availability $ $ $ US Availability $ Canadian Availability $ Combined Availability $ Specified Loan (capped at Cdn $140 million) $ $ Letters of Credit (capped at $300 million for U.S. and Cdn $250 million for Canada) $ $ $ US Revolving Loan (capped at $2.30 billion) $ N/A $ Canadian Revolving Loan (capped at Cdn $250 million) $ $ Total Loans and LC’s $ $ $ Net Availability after Borrowings $ Suppressed Availability $ This Borrowing Base Certificate (this “Certificate”) is furnished pursuant to that certain Second Amended and Restated Credit Agreement, dated as of March 31, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among United Rentals, Inc., a Delaware corporation (“Holdings”), United Rentals (North America), Inc., a Delaware corporation (the “Company”), the U.S. Subsidiary Borrowers named therein (together with the Company, the “U.S. Borrowers”), United Rentals of Canada, Inc., a corporation amalgamated under the laws of the Province of Ontario (the “Canadian Borrower”), United Rentals Financing Limited Partnership, a Delaware partnership (the “Specified Loan Borrower”), the other Guarantors party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as the Agent. Unless otherwise indicated, capitalized terms used but not defined herein shall have the meanings ascribed to them in the Credit Agreement. The undersigned hereby certifies, as of the date first written above, that, (a) the amounts and calculations herein and in the supporting information attached hereto accurately reflect the Eligible Merchandise and Consumables Inventory of the U.S. Obligors and (b) the amounts and calculations herein and in the supporting information attached hereto accurately reflect the Eligible Rental Equipment of the U.S. Obligors and Canadian Obligors, in each case other than in any immaterial respect. UNITED RENTALS (NORTH AMERICA, INC.), as Borrowers’ Agent By: Name: Title: To: Bank of America, N.A., as Agent Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of March 31, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined), among United Rentals, Inc., a Delaware corporation (“Holdings”), United Rentals (North America), Inc., a Delaware corporation (the “Company”), the U.S. Subsidiary Borrowers named therein (together with the Company, the “U.S. Borrowers”), United Rentals of Canada, Inc., a corporation amalgamated under the laws of the Province of Ontario (the “Canadian Borrower”), United Rentals Financing Limited Partnership, a Delaware partnership (the “Specified Loan Borrower”), the other Guarantors party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Agent. The undersigned hereby requests (select one) a Borrowing:
Appears in 1 contract
Sources: Credit Agreement (United Rentals North America Inc)
BORROWERS. OSI RESTAURANT PARTNERS, LLC, as a Borrower By: /s/ ▇▇▇▇▇▇▇ DYNAMICSA'▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ A'▇▇▇▇▇ Title: Vice President BLOOMIN’ BRANDS, L.L.C. INC., as a Borrower By: /s/ ▇▇▇▇▇▇▇ A'▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ A'▇▇▇▇▇ Title: Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDERS: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSICIATION, as Administrative Agent, Swing Line Lender, Collateral Agent, an L/C Issuer, and a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇ Title: Vice President JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Executive Director COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as a Lender By: /s/ Van Brandenburg Name: Van Brandenburg Title: Executive Director By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇Assistant Vice President REGIONS BANK, LLC as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Director U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE Vice President CITIZENS BANK, N.A. N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President HSBC BANK USA, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Title: Director FIFTH THIRD BANK, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President SUMITOMO MITSUI BANKING CORPORATION, as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Managing Director TD BANK, N.A., as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)CADENCE BANK, N.A., as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇ Title: Managing Director FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President USAMERIBANK, as a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Executive Vice President IBERIABANK, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President,Tampa Bay Market President ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President ▇▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President FIRSTBANK PUERTO RICO D/B/A FIRSTBANK FLORIDA, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHSVP Corporate Banking CITY NATIONAL BANK OF FLORIDA, as a Administrative Agent Lender By: /s/ ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇▇ Title: Director By: /s/ Market Executive, Tampa Region Excluded Assets (pursuant to subsection (vi)(C) of the definition of Excluded Assets) All of the outstanding Equity Interests held by Carrabba’s Italian Grill, LLC and Outback Steakhouse of Florida, LLC (constituting 20% of the total outstanding Equity Interests) in Northlake Drainage Association, Inc., a not-for-profit corporation organized under the Laws of the State of Florida. ▇▇▇▇▇ Ivashkov Name: Fargo Bank National Union Fire Insurance Co of Pittsburgh IS0000017151U 10/17/2018 $100,000.00 ▇▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINFargo Bank ▇▇▇▇▇ Fargo Bank (Flemings, as LendersBeverly Hills CA IS0000196990U 10/17/2018 $200,000.00 ▇▇▇▇▇ Fargo Bank The Travelers Indemnity Company LC870-116646 1/1/2018 $15,000,000.00 ▇▇▇▇▇ Fargo Bank The Safety National Casualty Corporation IS0450529U 1/1/2018 $7,400,000.00 ▇▇▇▇▇ Fargo Bank Deutsche Bank AG NY IS000022847U 11/28/2018 $103,000.00 None. Bonefish/Centreville, CREDIT SUISSE AGLimited Partnership Bonefish/Fredericksburg, CAYMAN ISLANDS BRANCH as Administrative AgentLimited Partnership Bonefish/Newport News, Limited Partnership Bonefish/Richmond, Limited Partnership Bonefish/Southern Virginia, Limited Partnership Bonefish/Virginia, Limited Partnership Outback/Hampton, Limited Partnership Lender Revolving Credit Commitment Term Commitment L/C Commitment ▇▇▇▇▇ Fargo Bank, National Association $116,666,666.66 $58,333,333.34 $25,000,000.00 Bank of America, N.A. $110,000,000.00 $55,000,000.00 $20,000,000.00 JPMorgan Chase Bank, N.A. $96,666,666.67 $48,333,333.33 $15,000,000.00 Coöperatieve Rabobank U.A., New York Branch $96,666,666.67 $48,333,333.33 $15,000,000.00 Regions Bank $66,666,666.67 $33,333,333.33 Citizens Bank, N.A. $60,000,000.00 $30,000,000.00 PNC Bank, National Association $60,000,000.00 $30,000,000.00 U.S. Bank National Association $60,000,000.00 $30,000,000.00 HSBC Bank USA, National Association $53,333,333.33 $26,666,666.67 Fifth Third Bank $48,333,333.33 $24,166,666.67 Sumitomo Mitsui Banking Corporation $48,333,333.33 $24,166,666.67 TD Bank, N.A. $48,333,333.33 $24,166,666.67 USAmeriBank $23,333,333.33 $11,666,666.67 Cadence Bank NA $21,666,666.67 $10,833,333.33 First Tennessee Bank National Association $16,666,666.67 $8,333,333.33 Iberiabank $16,666,666.67 $8,333,333.33 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank, N.A. $16,666,666.67 $8,333,333.33 ▇▇▇▇▇▇▇ Bank, National Association $16,666,666.67 $8,333,333.33 Firstbank Puerto Rico $13,333,333.33 $6,666,666.67 City National Bank of Florida $10,000,000.00 $5,000,000 None.
Appears in 1 contract
BORROWERS. W▇▇▇▇▇▇▇ DYNAMICS, L.L.C. INC., a Delaware corporation, individually, as a Borrower and as Funds Administrator By: /s/ ▇▇K▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Chief Financial Officer PRINCE, INC., as a Borrower By: /s/ ▇▇K▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ President W▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ NameOF MISSISSIPPI, INC., as a Borrower By: ▇▇/s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSVice President CARPET RECYCLING OF GEORGIA, INC. ., as a Borrower By: /s/ ▇▇K▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇Vice President ALG, INC., as a Borrower By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHTitle: President FIBER INDUSTRIES, INC., as a Lender Borrower By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇’Title: Vice President PTA RESOURCES, LLC, as a Borrower By: /s/ K▇▇▇▇ Name: ▇. ▇▇▇▇▇▇▇▇ Title: President AGENT: DEUTSCHE BANK TRUST COMPANY AMERICAS, as Agent and Collateral Agent By: /s/ MargueriteSutton Title: Director By: /s/ D▇’▇▇▇ J. ▇▇▇▇ Title: Managing Director LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ M▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender Director By: /s/ ▇D▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇J. ▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentManaging Director
Appears in 1 contract
Sources: Credit Agreement (Wellman Inc)
BORROWERS. BLACKROCK, INC., as Borrower and Guarantor By: /s/ ▇▇▇▇▇▇▇▇ DYNAMICS▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Managing Director and Treasurer BLACKROCK FUNDING, L.L.C. INC., as Borrower and Guarantor By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Managing Director and Treasurer BLACKROCK GROUP LIMITED, as Designated Borrower By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: CFO/Attorney BLACKROCK (NETHERLANDS) B.V., as Designated Borrower By: /s/ ▇.▇. ▇▇▇▇▇▇▇▇ Name: ▇.▇. ▇▇▇▇▇▇▇▇ Title: Executive Director AGENT AND LENDERS: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender, L/C Agent and Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director CITIBANK, N.A., as Lender, Swingline Lender and Issuing Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President BANK OF CHINA, NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Executive Vice President BARCLAYS BANK PLC, as Lender By: /s/ ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ Title: Director BNP PARIBAS, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: MD DEUTSCHE BANK AG, NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Lender By: /s/ ▇▇▇ ▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory HSBC BANK PLC, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director JPMORGAN CHASE BANK, N.A., as Lender and Swingline Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Director ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Authorized Signatory CHINA CONSTRUCTION BANK CORPORATION, NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Deputy General Manager INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Relationship Manager By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Executive Director MIZUHO BANK, LTD., as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Managing Director ROYAL BANK OF CANADA, as Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory STATE STREET BANK AND TRUST COMPANY, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President THE BANK OF NEW YORK MELLON, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Director NOMURA CORPORATE FUNDING AMERICAS, LLC, as Lender By: /S/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: MANAGING DIRECTOR BANCO SANTANDER, S.A., NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇ Title: Director ▇▇▇▇▇▇▇ GENERALE, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Deputy Head Global Markets America THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Attorney-In-Fact TRUIST BANK, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director NATWEST MARKETS PLC, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President JEFFERIES CAPITAL SERVICES, LLC, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director U.S. BANK NATIONAL ASSOCIATION, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Sr. Vice President MITSUBISHI UFJ TRUST AND BANKING CORPORATION, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Executive Officer and General Manager ING BANK N.V., as Lender By: /s/ ▇.▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇.▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: Head FI Lending By: /s/ ▇.▇. ▇▇▇▇▇ Name: ▇.▇. ▇▇▇▇▇ Title: Director LLOYDS BANK CORPORATE MARKETS PLC, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇ Title: Assistant Vice President NATIXIS LONDON BRANCH, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Country Manager – Natixis London Branch By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: EMEA Head of Asset managers Coverage STANDARD CHARTERED BANK, as Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Director, Financing Solutions SUMITOMO MITSUI BANKING CORPORATION, as a Lender and as the Japanese Yen Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director BANCO BILBAO VIZCAYA ARGENTARIA, S.A. NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO Managing Director INTESA SANPAOLO S.P.A. – NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ DYNAMICS FINANCE COMPANY Name: ▇▇▇▇ ▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)Managing Director AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Director BROWN BROTHERS ▇▇▇▇▇▇▇▇ & CO., as Lender By: /s/ ▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentManaging Director
Appears in 1 contract
Sources: Five Year Revolving Credit Agreement (BlackRock Inc.)
BORROWERS. ▇▇▇▇▇▇▇ DYNAMICSSTARWOOD PROPERTY MORTGAGE SUB-10, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10-A, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory STARWOOD PROPERTY TRUST, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10 HOLDCO, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory STARWOOD PROPERTY MORTGAGE SUB-10-A HOLDCO, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory SPT ACQUISITIONS HOLDCO, LLC By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory SPT ACQUISITIONS SUB-1, LLC By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory SPT ACQUISITIONS SUB-1-A, LLC By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory BANK OF AMERICA, N.A., as Administrative Agent By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President CITIBANK, N.A., as a Lender By: /s/ ▇▇▇▇ PAWBUSKI Name: ▇▇▇▇ Pawbuski Title: Authorized Signer BARCLAYS BANK PLC, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Director DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ ▇.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: ▇.▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO Vice President ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHBANK USA, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate Authorized Signatory JPMORGAN CHASE BANK, N.A. N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)Executive Director CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President Authorized Signatory Bank of America, N.A. $60,000,000 20.000000000% Citibank, N.A. $40,000,000 13.333333333% Barclays Bank PLC $40,000,000 13.333333333% Deutsche Bank AG New York Branch $40,000,000 13.333333333% ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA $40,000,000 13.333333333% JPMorgan Chase Bank, N.A. $40,000,000 13.333333333% Credit Suisse AG, Cayman Islands Branch $40,000,000 13.333333333% None. Starwood Property Trust, Inc., a Maryland corporation Starwood Property Mortgage Sub-10, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10-A, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10 HoldCo, L.L.C., a Delaware limited liability company Starwood Property Mortgage Sub-10-A HoldCo, L.L.C., a Delaware limited liability company SPT Acquisitions Holdco, LLC, a Delaware limited liability company SPT Acquisitions Sub-1, LLC, a Delaware limited liability company SPT Acquisitions Sub-1A, LLC, a Delaware limited liability company The principal place of business of each Loan Party is located at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINGreenwich, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentConnecticut 06830.
Appears in 1 contract
BORROWERS. IHS INC. IHS HOLDING INC. IHS GLOBAL INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ DYNAMICSIHS GROUP HOLDINGS LIMITED IHS GLOBAL LIMITED By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ IHS GLOBAL S.A. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ IHS GLOBAL CANADA LIMITED. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ IHS EMEA HOLDING S.A.R.L. IHS LUXEMBOURG S.A.R.L. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Corporate VP and Treasurer BANK OF AMERICA, L.L.C. N.A., as Administrative Agent, By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Assistant Vice President BANK OF AMERICA, N.A. as Issuing Bank, Swingline Lender and as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President JPMORGAN CHASE BANK, N.A. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: AUTHORIZED SIGNER JPMORGAN CHASE BANK, N.A., TORONTO BRANCH By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇ Title: Senior Vice President ROYAL BANK OF CANADA By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: AUTHORIZED SIGNATORY ▇▇▇▇▇ FARGO BANK N.A. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: DIRECTOR BBVA COMPASS BANK By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: SENIOR VICE PRESIDENT TD BANK, N.A. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY SVP CITIZEN BANK, N.A. By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇VICE PRESIDENT PNC BANK, LLC NATIONAL ASSOCIATION By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: ASSISTANT VICE PRESIDENT U.S. BANK NATIONAL ASSOCIATION By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): VICE PRESIDENT ▇▇▇▇▇▇▇ DYNAMICSSACHS BANK USA By: /s/ ▇▇▇▇▇ ▇▇ Name: ▇▇▇▇▇ ▇▇ Title: AUTHORIZED SIGNATORY HSBC BANK USA, INCN.A. By: /s/ Rumesha Ahmed Name: RUMESHA AHMED Title: VICE PRESIDENT SUMITOMO MITSUI BANKING CORP. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President MANAGING DIRECTOR BNP PARIBAS By: /s/ ▇▇▇▇▇▇▇ De Clapiers Name: ▇▇▇▇▇▇▇ DE CLAPIERS Title: DIRECTOR By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇, ▇▇▇▇ ▇▇▇▇▇▇ Title: MANAGING DIRECTOR BANK OF THE WEST By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: DIRECTOR SUNTRUST BANK By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: VICE PRESIDENT ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHBANK, as a Administrative Agent N.A. By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇▇▇▇ Title: Director AUTHORIZED SIGNATORY THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By: /s/ ▇▇▇▇▇▇▇ Ivashkov ▇▇▇ Name: ▇▇▇▇▇▇▇ Ivashkov ▇▇▇ Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentDIRECTOR
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Sources: Credit Agreement (IHS Inc.)
BORROWERS. ▇▇▇▇▇▇▇ DYNAMICSTRANS WORLD ENTERTAINMENT CORPORATION, L.L.C. as Lead Borrower and Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Executive Vice President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇Executive Vice President, LLC Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSExecutive Vice President, INC. Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇Executive Vice President, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ Ivashkov Name: ▇. ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Executive Vice President Wachovia Capital Finance Corporation (Central)President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary By: Record Town, Inc., its sole member By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary BANK OF AMERICA, N.A., as a Administrative Agent, Collateral Agent, Swingline Lender, Issuing Bank and Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Managing Director Address: ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ LASALLE BANK NATIONAL ASSOCIATION, as Lender By: /s/ ▇▇▇▇ ▇▇, ▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: SENIOR VICE PRESIDENT Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ BRANCH▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ JPMORGAN CHASE BANK, N.A., as a Administrative Agent Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; ▇-▇▇ ▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇ Attn: Trans World Client Mgr. Telephone: (585) 258 - 6466 Telecopy: (585) 258 - 7440 FIRST NIAGARA BANK, as Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director ByVice President Address: /s/ ▇▇ ▇▇▇▇▇▇▇▇▇ Ivashkov Name▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Suite 100 Albany, NY 12211 Attn: ▇▇▇▇▇▇▇▇ Ivashkov Title▇▇▇▇▇, Corporate Banking Telephone: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN▇▇▇-▇▇▇-▇▇▇▇ Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ SCHEDULE 1 — JPMorgan Chase Bank, as LendersN.A. — First Niagara Bank Schedule 1.1 (a) Lenders and Commitments Bank of America, CREDIT SUISSE AGN.A. $ 70,000,000.00 LaSalle Bank National Association $ 25,000,000.00 JPMorgan Chase Bank, CAYMAN ISLANDS BRANCH as Administrative AgentN.A. $ 25,000,000.00 First Niagara Bank $ 10,000,000.00
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BORROWERS. ▇D▇▇▇▇▇▇ DYNAMICS, L.L.C. By: /s/ ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇D▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇F▇▇▇▇▇, LLC By: /s/ ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇D▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇R▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇W▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇W▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇I▇▇▇ Ivashkov Name: ▇I▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇R▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇R▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇M▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇M▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇W▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇W▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇I▇▇▇ Ivashkov Name: ▇I▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINThis AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENT (this “Amendment”), dated as of April [ ], 2010, is made and entered into among D▇▇▇▇▇▇ Dynamics, L.L.C., a Delaware limited liability company (the “Borrower”), D▇▇▇▇▇▇ Dynamics Finance Company, a Delaware corporation (“DD Finance”), F▇▇▇▇▇, LLC, as LendersDelaware limited liability company (“F▇▇▇▇▇”), CREDIT SUISSE D▇▇▇▇▇▇ Dynamics, Inc., a Delaware corporation (“Holdings”), Credit Suisse AG, CAYMAN ISLANDS BRANCH Cayman Islands Branch (“Credit Suisse”), in its capacity as administrative agent under the ABL Loan Documents (as defined in the Intercreditor Agreement referred to below) (in such capacity, the “ABL Administrative Agent”), JPMorgan Chase Bank, N.A, in its capacity as collateral agent under the ABL Loan Documents (in such capacity, the “ABL Collateral Agent”), Credit Suisse, in its capacities as administrative agent (in such capacity, the “Term Administrative Agent” and, together with the ABL Administrative Agent, the “Administrative Agents”) and collateral agent (in such capacity, the “Term Collateral Agent”) under the Term Loan Documents (as defined in the Intercreditor Agreement referred to below).
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BORROWERS. ▇▇▇▇▇▇▇ DYNAMICSRELIANCE STEEL & ALUMINUM CO., L.L.C. a California corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Chairman and Chief Executive Officer By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer RSAC MANAGEMENT CORP., a California corporation By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC Chief Executive Officer By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSExecutive Vice President and Chief Financial Officer BANK OF AMERICA, INC. N.A., as Administrative Agent By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇Vice President BANK OF AMERICA, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHN.A., as a Issuing Lender, Swing Line Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as and a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)WACHOVIA BANK, N.A., as Syndication Agent and a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Director CITICORP NORTH AMERICA, INC., as Co-Documentation Agent and a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President JPMORGAN CHASE BANK, N.A. as Co-Documentation Agent and a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President ▇▇▇▇▇ FARGO BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President UNION BANK OF CALIFORNIA, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHU.S. BANK NATIONAL ASSOCIATION, as a Administrative Agent Lender By: /s/ ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇▇, ▇▇. Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. Title: Vice President CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ ▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Associate UBS LOAN FINANCE LLC, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov ▇. ▇▇▇▇ Name: ▇▇▇▇ Ivashkov ▇. ▇▇▇▇ Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINAssociateDirector FIFTH THIRD BANK, as Lendersa Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President BNP PARIBAS, CREDIT SUISSE AGas a Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President MIZUHO CORPORATE BANK, CAYMAN ISLANDS BRANCH LTD., as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Deputy General Manager THE NORTHERN TRUST COMPANY, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President THIS CONSENT AND AGREEMENT OF GUARANTORS (“Consent”) is executed and delivered as of First Amendment Effective Date by the undersigned (the “Guarantors”), in favor of the Lenders and Administrative AgentAgent under the Amended Agreement (as defined in the foregoing Amendment). Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Amended Agreement.
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BORROWERS. ▇▇▇▇▇▇▇ DYNAMICSTRANS WORLD ENTERTAINMENT CORPORATION, L.L.C. as Lead Borrower and Borrower By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Executive Vice President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇Executive Vice President, LLC Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICSExecutive Vice President, INC. Chief Financial Officer and Secretary By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇Executive Vice President, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ Ivashkov Name: ▇. ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Executive Vice President Wachovia Capital Finance Corporation (Central)President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary By: Record Town, Inc., its sole member By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, Chief Financial Officer and Secretary BANK OF AMERICA, N.A., as a Administrative Agent, Collateral Agent, Swingline Lender, Issuing Bank and Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Managing Director Address: ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ LASALLE BANK NATIONAL ASSOCIATION, as Lender By: /s/ ▇▇▇▇ ▇▇, ▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ BRANCH▇▇▇▇ ▇▇▇▇▇▇▇, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇▇ ▇’▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ JPMORGAN CHASE BANK, N.A., as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇ ▇’▇▇▇▇ Title: Director ByVice President Address: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentOne Chase Square; T-25
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BORROWERS. ▇▇▇▇▇▇▇ DYNAMICSELASTIC SPV, L.L.C. LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands, as a Borrower By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇Director TODAY CARD LLC, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHa Delaware limited liability company, as a Lender Borrower By: /s/ ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANKCEO ELEVATE CREDIT, N.A. as INC., a Lender Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)CEO By: Elevate Credit, Inc., as a Lender Sole Member of each of the above-named entities By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: RISE Credit, LLC, as Sole Member of each of the above-named entities By: Elevate Credit, Inc., as its Sole Member By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: RISE SPV, LLC, as Sole Member of each of the above-named entities By: Elevate CREDIT, Inc., as its Sole Member By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: Elastic Financial, LLC, as Sole Member of each of the above-named entities By: Elevate Credit, Inc., as its Sole Member By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: Today Card, LLC, as Sole Member of each of the above-named entities By: Elevate Credit, Inc., as its Sole Member By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: EF Financial, LLC, as Sole Member of each of the above-named entities By: Elevate Credit, Inc., as its Sole Member By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇Authorized Signatory By: VPC Investor Fund GP B, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHL.P. Its: Managing Member By: VPC Investor Fund UGP B, as a Administrative Agent LLC Its: General Partner By: /s/ ▇▇▇▇▇ ▇. ▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇ ▇’▇▇▇▇ Title: Director General Counsel By: VPC Specialty Finance Fund GP I, L.P. Its: General Partner By: VPC Specialty Finance Fund UGP I, LLC Its: General Partner By: /s/ ▇▇▇▇▇ Ivashkov ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ Ivashkov ▇. ▇▇▇▇▇▇▇ Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINGeneral Counsel By: Victory Park Capital Advisors, LLC Its: Investment Manager By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: General Counsel By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory By: VPC Investor Fund GP C, L.P. Its: General Partner By: VPC Investor Fund UGP C, LLC Its: General Partner By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: General Counsel By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Authorized Signatory By: Victory Park Capital Advisors, LLC Its: Investment Manager By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: General Counsel Capitalized terms used and not otherwise defined in this Schedule 1.1(c) shall have the respective meanings ascribed to them in the Joint Marketing Agreement, dated as Lendersof June 28 2018, CREDIT SUISSE AGbetween Capital Community Bank, CAYMAN ISLANDS BRANCH as Administrative Agenta Utah chartered bank, and Today Marketing, LLC, a Delaware limited liability company.
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BORROWERS. BLACKROCK, INC., as Borrower and Guarantor By: /s/ ▇▇▇ ▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇ Title: Managing Director and Treasurer BLACKROCK GROUP LIMITED, as Designated Borrower By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ DYNAMICSName: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director BLACKROCK HOLDINGS DEUTSCHLAND GMBH, L.L.C. as Designated Borrower By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Geschäftsführer By: Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender, Issuing Lender, L/C Agent and Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Managing Director CITIBANK, N.A., as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory JPMORGAN CHASE BANK, N.A., as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Authorized Signatory BANK OF AMERICA, N.A., as Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Assistant Vice President BARCLAYS BANK PLC, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Assistant Vice President DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇ ▇. ▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇ Title: Vice President HSBC BANK USA, NATIONAL ASSOCIATION, as Lender By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇ Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇ Title: Director THE ROYAL BANK OF SCOTLAND plc, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Director UBS AG, STAMFORD BRANCH, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Director Banking Products Services, US By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY Associate Director Banking Products Services, US CREDIT SUISSE AG, Cayman Islands Branch, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇ Title: Director By: /s/ Sanja Gazahi Name: Sanja Gazahi Title: Associate MIZUHO CORPORATE BANK, LTD., as Lender By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Authorized Signatory ▇▇▇▇▇▇▇ SACHS BANK USA, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory STATE STREET BANK AND TRUST COMPANY, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Vice President THE BANK OF NEW YORK MELLON, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President ROYAL BANK OF CANADA, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: VP CFO Authorized Signatory U.S. BANK NATIONAL ASSOCIATION, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: SVP BNP PARIBAS, as Lender By: /s/ ▇▇▇ ▇▇▇▇▇▇, LLC ▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Co-Head of Fixed Income Americas By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHManaging Director CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: MD By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Managing Director BANCO SANTANDER, S.A., NEW YORK BRANCH, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇-▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇-▇▇▇▇▇▇▇▇ Title: Executive Director Banco Santander, S.A., New York Branch By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central)Banco Santander, S.A., New York Branch SOCIETE GENERALE, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇ Name: ▇▇▇▇▇▇▇ ▇▇ Title: Director STANDARD CHARTERED BANK, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇ Title: Managing Director & Head of Funds, Americas By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCHManager SUMITOMO MITSUI BANKING CORPORATION, as a Administrative Agent Lender and as the Japanese Yen Lender By: /s/ ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’. ▇▇▇▇ Title: Director General Manager NOMURA INTERNATIONAL PLC, as Lender By: /s/ ▇▇▇▇ Ivashkov ▇. ▇▇▇▇▇ Name: ▇▇▇▇ Ivashkov ▇. ▇▇▇▇▇ Title: Associate Managing Director THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREINBANK OF TOKYO-MITSUBISHI UFJ, LTD., as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentLender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President
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Sources: Five Year Revolving Credit Agreement (BlackRock Inc.)