Certifications From Banks and Participants; USA PATRIOT Act. (a) Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of any such Person that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Person is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA Patriot Act. Each of the parties has signed this Agreement as of the day and year first above written. AKRION, INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Address: 0000 Xxxxxxxxx Xxxxx Xxxxxxxxx, Xxxxxxxxxxxx 00000 GOLDFINGER TECHNOLOGIES, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Executive Officer Address: 0000 Xxxxxxxxx Xxxxx Xxxxxxxxx, Xxxxxxxxxxxx 00000 PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Address: 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Commitment Percentage: 100% COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF PHILADELPHIA ) On this 5th day of August, 2005, before me personally came XXXXX XXXXXXXX to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of AKRION, INC., the corporation described in and which executed the foregoing instrument and that he signed his name thereto by on behalf of said corporation. /s/ Xxxxxxx X. Xxxxx Notary Public COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF PHILADELPHIA ) On this 5th day of August, 2005, before me personally came XXXXX XXXXXXXX, to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of GOLDFINGER TECHNOLOGIES, LLC, the limited liability company described in and which executed the foregoing instrument and that he signed his name thereto by on behalf of said limited liability company. /s/ Xxxxxxx X. Xxxxx Notary Public
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. GREEN PLAINS TRADE GROUP LLC By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Vice President Commitment Percentage: 100%
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. UNITEK GLOBAL SERVICES, INC., UNITEK ACQUISITION, INC., as Borrowers By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer PINNACLE WIRELESS USA, INC. UNITEK USA, LLC ADVANCED COMMUNICATIONS USA, INC. DIRECTSAT USA, LLC FTS USA, LLC, as Borrowers By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Treasurer [Signature Page to Revolving Credit and Security Agreement] APOLLO INVESTMENT CORPORATION, as Revolving Lender, Swing Loan Lender and as Agent By: Apollo Investment Management, L.P., as Advisor By: ACC Management, LLC, as its General Partner By: /s/ Xxx Xxxxxxxxxx Name: Xxx Xxxxxxxxxx Title: Authorized Signatory Revolving Commitment Percentage: 100% Revolving Commitment Amount: $75,000,000 Swing Loan Commitment Percentage: 100% [Signature Page to Revolving Credit and Security Agreement] EXHIBIT 1.2 BORROWING BASE CERTIFICATE [***] [Signature Page to Revolving Credit and Security Agreement] EXHIBIT 1.2(a) COMPLIANCE CERTIFICATE [***] EXHIBIT 2.1(a) REVOLVING CREDIT NOTE $75,000,000 July 10, 2013 FOR VALUE RECEIVED, UNITEK GLOBAL SERVICES, INC., a corporation organized under the laws of the State of Delaware (“UniTek Parent”), UNITEK ACQUISITION, INC., a corporation organized under the laws of the State of Delaware (“UniTek Acquisition”) PINNACLE WIRELESS USA, INC., a corporation organized under the laws of the State of Delaware (“Pinnacle”), UNITEK USA, LLC, a limited liability company organized under the laws of the State of Delaware (“UniTek U...
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to 105 supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Agent the certification, or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA Patriot Act.
Certifications From Banks and Participants; USA PATRIOT Act. (a) Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Restatement Date, and (2) as such other times as are required under the USA PATRIOT Act. The USA PATRIOT Act requires all financial institutions to obtain, verify and record certain information that identifies individuals or business entities which open an “account” with such financial institution. Consequently, each Lender may from time to time request, and each Credit Party shall provide to the Lenders, such Credit Party’s name, address, tax identification number and/or such other identifying information as shall be necessary for the Lenders to comply with the USA PATRIOT Act and any other Anti-Terrorism Law.
Certifications From Banks and Participants; USA PATRIOT Act. (a) Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such
Certifications From Banks and Participants; USA PATRIOT Act. (a) Each Cash Collateral Provider or assignee or participant of a Cash Collateral Provider that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Agent the certification, or, if applicable, recertification, certifying that such Cash Collateral Provider is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. BANNER AEROSPACE HOLDING COMPANY I, INC. By: ________________________ Name: ________________________ Title: ________________________ D A C INTERNATIONAL, INC. By: ________________________ Name: ________________________ Title: ________________________ MAPTECH AERODATA, LLC By: ________________________ Name: ________________________ Title: ________________________ MATRIX AVIATION, INC. By: ________________________ Name: ________________________ Title: ________________________ NASAM INCORPORATED By: ________________________ Name: ________________________ Title: ________________________ PROFESSIONAL AIRCRAFT ACCESSORIES, INC. By: ________________________ Name: ________________________ Title: ________________________ PROFESSIONAL AVIATION ASSOCIATES, INC. By: ________________________ Name: ________________________ Title: ________________________ GCCUS, INC. By: ________________________ Name: ________________________ Title: ________________________ PNC BANK, NATIONAL ASSOCIATION, As Lender and as Agent By: ________________________ Name: ________________________ Title: ________________________ 100 Xxxx Xxxx, Xxxxx 000 Xxxxxx, Xxxxxxxx 00000 Commitment Percentage: 100%
Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the 127 certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. The USA PATRIOT Act requires all financial institutions to obtain, verify and record certain information that identifies individuals or business entities which open an "account" with such financial institution. Consequently, each Lender may from time to time request, and each Loan Party shall provide to such Lender, such Loan Party's name, address, tax identification number and/or such other identifying information as shall be necessary for Lender to comply with the USA PATRIOT Act and any other Anti-Terrorism Law. Anti-Terrorism Laws. Each Loan Party represents and warrants that (i) no Covered Entity is a Sanctioned Person and (ii) no Covered Entity, either in its own right or through any third party, (A) has any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) does business in or with, or derives any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; or (C) engages in any dealings or transactions prohibited by any Anti-Terrorism Law. Each Loan Party covenants and agrees that (i) no Covered Entity will become a Sanctioned Person, (ii) no Covered Entity, either in its own right or through any third party, will (B) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (C) do business in or with, or derive any of its income from investments in or transactions with...
