Common use of COBANK Clause in Contracts

COBANK. ACB, as Administrative Agent and as a Lender By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President [Signatures Continued from Previous Page] BNP PARIBAS, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director FIFTH THIRD BANK, AN OHIO BANKING CORPORATION, as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director COMPASS BANK, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President [Signatures Continued from Previous Page] KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Kestrina Budina Name: Kestrina Budina Title: Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director [Signatures Continued from Previous Page] AGSTAR FINANCIAL SERVICES, FLCA, as a Voting Participant By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Mgr. Agency Desk and Team Leader [Signatures Continued from Previous Page] BADGERLAND FINANCIAL, FLCA, as a Voting Participant By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: AVP – Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXAS, as a Voting Participant By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Senior Credit Officer UNITED FCS, FLCA d/b/a FCS COMMERCIAL FINANCE GROUP, as a Voting Participant By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President

Appears in 1 contract

Samples: Credit Agreement (Frontier Communications Corp)

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COBANK. ACB, as Administrative Agent and as a Lender ACB By: /s/ Xxxx Kxxxx Xxxxxx Xxxx Name: Kxxxx Xxxxxx Vice President [Signatures Continued from Previous Page] BNP PARIBAS, as a Lender Title: Managing Director (SEAL) GXXXXXX SXXXX BANK USA By: /s/ Xxxxx Xxxxx Axxxx Xxxx Name: Xxxxx Xxxxx Axxxx Xxxx Title: Authorized Signatory (SEAL) MXXXXX SXXXXXX BANK, N.A. By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Authorized Signatory (SEAL) MXXXXX SXXXXXX SENIOR FUNDING, INC. By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Vice President (SEAL) STIFEL BANK & TRUST By: /s/ Sxxxxxx Xxxx Name: Sxxxxxx Xxxx Title: Senior Vice President (SEAL) SYNOVUS BANK By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Director (SEAL) BANK OF BLUE VALLEY By: /s/ Xxxxxxx Bxxxx XxXxxx Name: Bxxxx XxXxxx Title: Vice President (SEAL) CROSSFIRST BANK By: /s/ Gxxxxxx Xxxx Name: Xxxxxxx Gxxxxxx Xxxx Title: Managing Director FIFTH THIRD BANK, AN OHIO BANKING CORPORATION, as a Lender (SEAL) JXXXXXXXX GROUP LLC By: /s/ Xxxxxxx Xxxxxxxx Mxxx Xxxxxx Name: Xxxxxxx Xxxxxxxx Mxxx Xxxxxx Title: Managing Director COMPASS (SEAL) UMB BANK, as a Lender N.A. By: /s/ Xxx Xxxxxxx Jxxx X. Xxxxx Name: Xxx Xxxxxxx Jxxx X. Xxxxx Title: Vice President [Signatures Continued from Previous Page] KEYBANK NATIONAL ASSOCIATIONEXHIBIT A-1(A) FORM OF AMENDED AND RESTATED REVOLVING CREDIT NOTE (U.S. DOLLAR) $______________ _____________, 20__ FOR VALUE RECEIVED, the undersigned (“Maker”), hereby promises to pay to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Sixth Amended and Restated Credit Agreement, dated as of November 30, 2018, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANKtime to time in effect, N.A.among the Borrower, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the principal sum of _________________ ($__________), or such amount as may be advanced by the Payee under the Credit Agreement as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued U.S. Dollar Revolving Credit Loan with daily interest from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANKthe date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a Lender By: /s/ Kestrina Budina Name: Kestrina Budina Title: Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director [Signatures Continued rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and, to the extent permitted by applicable law, on overdue installments of interest and late charges at the rates provided in the Credit Agreement. Interest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder are payable in U.S. Dollars and shall be made to the Agent for the Payee at 100 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from Previous Page] AGSTAR FINANCIAL SERVICEStime to time. This Note is one of one or more Revolving Credit Notes evidencing borrowings of U.S. Dollar Revolving Credit Loans under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Revolving Credit Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, FLCAand may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur and be continuing, the entire principal amount of this Note may become or be declared due and payable in the manner and with the effect provided in said Credit Agreement. This Note shall be governed by the laws of the State of Georgia. The undersigned Maker and all guarantors and endorsers hereby waive presentment, demand, notice, protest, notice of intention to accelerate the indebtedness evidenced hereby, notice of acceleration of the indebtedness evidenced hereby and all other demands and notices in connection with the delivery, acceptance, performance and enforcement of this Note, except as specifically otherwise provided in the Credit Agreement, and assent to extensions of time of payment or forbearance or other indulgence without notice. This Note, together with other Amended and Restated Revolving Credit Notes as of even date herewith, is delivered in amendment and restatement of the “Revolving Credit Notes” as such term is defined in the Fifth Amended and Restated Credit Agreement. This Note is not intended to, nor shall it be construed to, constitute a Voting Participant By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Mgr. Agency Desk novation of the indebtedness due under the Fifth Amended and Team Leader [Signatures Continued from Previous Page] BADGERLAND FINANCIAL, FLCA, as a Voting Participant By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: AVP – Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXAS, as a Voting Participant By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Senior Restated Credit Officer UNITED FCS, FLCA d/b/a FCS COMMERCIAL FINANCE GROUP, as a Voting Participant By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice PresidentAgreement or the obligations evidenced thereby.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

COBANK. ACB, as Administrative Agent and as a Lender By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Axxx Xxxxx Name: Axxx Xxxxx Title: Vice President [Signatures Continued from Previous Page] BNP PARIBAS1st FARM CREDIT SERVICES, FLCA, as a Lender Voting Participant By: /s/ Xxxxx Xxxxx Dxxx X. Xxxxxxxxxx Name: Xxxxx Xxxxx Dxxx X. Xxxxxxxxxx Title: Director Vice President, Capital Markets Group AGCHOICE FARM CREDIT, ACA, on behalf of itself and its wholly-owned subsidiaries, AgChoice Farm Credit, FLCA, and AgChoice Farm Credit, PCA, as a Voting Participant By: /s/ Xxxxxxx Xxxx Jxxxxx X. Xxxxxx Name: Xxxxxxx Xxxx Jxxxxx X. Xxxxxx Title: Managing Director FIFTH THIRD BANK, AN OHIO BANKING CORPORATION, as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director COMPASS Vice President AGFIRST FARM CREDIT BANK, as a Lender Voting Participant By: /s/ Xxx Mxxxxxx X. Xxxxxxx Name: Xxx Mxxxxxx X. Xxxxxxx Title: Assistant Vice President [Signatures Continued from Previous Page] KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Kestrina Budina Name: Kestrina Budina Title: Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director [Signatures Continued from Previous Page] AGSTAR FINANCIAL SERVICES, FLCA, as a Voting Participant By: /s/ Xxx Xxxxxx Txxxxxx X. XxXxxxxx Name: Xxx Xxxxxx Txxxxxx X. XxXxxxxx Title: Mgr. Agency Desk and Team Leader [Signatures Continued from Previous Page] AVP Capital Markets AMERICAN AGCREDIT, FLCA, as a Voting Participant By: /s/ Bxxxxxx X. Xxxxxxxx Name: Bxxxxxx X. Xxxxxxxx Title: Vice President BADGERLAND FINANCIAL, FLCA, as a Voting Participant By: /s/ Xxxxxxx Axxxxxx X. Xxxxxx Name: Xxxxxxx Axxxxxx X. Xxxxxx Title: AVP - Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXAS, as a Voting Participant By: /s/ Xxxxxxxx Nxxxxxxx Xxxx Name: Xxxxxxxx Nxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant By: /s/ Rxxxx X. Xxxxxx Name: Rxxxx X. Xxxxxx Title: Vice President FARM CREDIT WEST, FLCA, as a Voting Participant By: /s/ Ben Mxxxxxx Name: Ben Mxxxxxx Title: Vice President FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant By: /s/ Xxxx Xxxxxx Bxx Xxxxx Name: Xxxx Xxxxxx Bxx Xxxxx Title: Vice President [Signatures Continued from Previous Page] GREENSTONE FARM CREDIT MID-AMERICACREDIT, FLCA, as a Voting Participant By: /s/ Xxx X. Xxxxxx Sxxxx Xxxxxxxx Name: Xxx X. Xxxxxx Sxxxx Xxxxxxxx Title: Senior Credit Lending Officer MIDATLANTIC FARM CREDIT, FLCA, as a Voting Participant By: /s/ Jxxxx X. May Name: Jxxxx X. May Title: Vice President UNITED FCS, FLCA d/b/a FCS COMMERCIAL FINANCE GROUP, as a Voting Participant By: /s/ Xxxx Xxxxxxx Chanphisit Ly Name: Xxxx Xxxxxxx Chanphisit Ly Title: Vice PresidentSr. Credit Analyst SCHEDULE 1.01 SPECIAL ENTITIES; NON-SUBSIDIARY VARIABLE INTEREST ENTITIES Entities that are not and never have been Variable Interest Entities: Allentown SMSA Limited Partnership Farmers Cellular Telephone Company, Inc. Farmers Mutual Cellular Telephone Company, Inc. Fresno MSA Limited Partnership Jefferson Cellular Telephone Company, Inc. Los Angeles SMSA Limited Partnership Madison SMSA Tower Holdings LLC Oklahoma City SMSA Limited Partnership Oklahoma City SMSA Tower Holdings LLC Pennsylvania RSA 1 Limited Partnership Pennsylvania RSA No. 6(I) Limited Partnership Pennsylvania RSA No. 6(II) Limited Partnership Rxxxxxx MSA Limited Partnership Relay Ventures Parallel Fund III LP Texas RSA 6 Limited Partnership Texas RSA 6 Tower Holdings, LP Venus Cellular Telephone Company, Inc. Entities that previously were and continue to be Variable Interest Entities where Borrower ONLY has contractual rights but NO equity interest (1): King Street Wireless, Inc., the general partner of King Street Wireless, L.P. Frequency Advantage, L.P., the general partner of Advantage Spectrum, L.P. Entities that previously were and continue to be Variable Interest Entities where Borrower has contractual rights AND an equity interest (2): King Street Wireless, L.P. Advantage Spectrum, L.P. Entities that previously were NOT Variable Interest Entities BUT are now Variable Interest Entities due to changes in GAAP (3): Iowa RSA Nx. 0 Xxxxxxx Xxxxxxxxxxx Xxxx XXX Xx. 00 Limited Partnership ___________________

Appears in 1 contract

Samples: Credit Agreement (United States Cellular Corp)

COBANK. ACB, as Administrative Agent and as a Lender By: /s/ Xxxx Xxx Xxxxxx Xxxx Name: Xxx Xxxxxx Title: Vice President [Signatures Continued from Previous Page] BNP PARIBASFirst Amendment To Fourth Amended And Restated Credit Agreement XXXXX FARGO BANK, NATIONAL, ASSOCIATION, as a Lender and an Issuing Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director FIFTH THIRD BANK, AN OHIO BANKING CORPORATIONVice President First Amendment To Fourth Amended And Restated Credit Agreement BANK OF MONTREAL, as a Lender By: /s/ Xxxxxxx Andre Bonakder Name: Andre Bonakder Title: Director First Amendment To Fourth Amended And Restated Credit Agreement XXXX XXXXXX XXXX XX XXXXX, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxxxxx Xxxx Xxxxxxxx Title: Managing Director COMPASS BANKVice President First Amendment To Fourth Amended And Restated Credit Agreement 0XX XXXX CREDIT SERVICES, FLCA/PCA, as a Lender By: /s/ Xxx Xxxxxxx Xxxxx Name: Xxx Xxxxxxx Xxxxx Title: Vice President [Signatures Continued from Previous Page] KEYBANK NATIONAL ASSOCIATIONPresident, Capital Markets Group First Amendment To Fourth Amended And Restated Credit Agreement ING CAPITAL LLC, as a Lender By: /s/ Xxxx Xxxxxxx W. Xxxxx Xxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Kestrina Budina Name: Kestrina Budina W. Xxxxx Xxxxxx Title: Director By: /s/ Xxxxx Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement AMERICAN AGCREDIT, PCA, as Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx Title: Managing Vice President First Amendment To Fourth Amended And Restated Credit Agreement FARM CREDIT MID-AMERICA, PCA, as Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Capital Markets Credit Officer First Amendment To Fourth Amended And Restated Credit Agreement FIFTH THIRD BANK, as Lender By: /s/ X. X. Xxxxxxxx Name: X. X. Xxxxxxxx Title: Assistant Vice President First Amendment To Fourth Amended And Restated Credit Agreement METROPOLITAN LIFE INSURANCE COMPANY, as Lender By: /s/ Xxxxx X. Xxxxxxxxxxx Name: Xxxxx X. Xxxxxxxxxxx Title: Director [Signatures Continued from Previous Page] First Amendment To Fourth Amended And Restated Credit Agreement REGIONS BANK, as Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President First Amendment To Fourth Amended And Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as Lender By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement BRANCH BANKING AND TRUST COMPANY, as Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice President First Amendment To Fourth Amended And Restated Credit Agreement UNITED FCS, PCA DBA FCS COMMERCIAL FINANCE GROUP, as Lender By: /s/ Xxxxxx X. Best Name: Xxxxxx X. Best Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement AGSTAR FINANCIAL SERVICES, FLCAPCA, as a Voting Participant Lender By: /s/ Xxx Xxxxxx Xxxxxx Name: Xxx Xxxxxx Xxxxxx Title: Mgr. Agency Desk and Team Leader [Signatures Continued from Previous Page] First Amendment To Fourth Amended And Restated Credit Agreement BADGERLAND FINANCIAL, ACA, as Lender By: /s/ Xxxxxxx X. Xxx Name: Xxxxxxx X. Xxx Title: VP - Capital Markets BADGERLAND FINANCIAL, FLCA, as a Lender By: /s/ Xxxxxxx X. Xxx Name: Xxxxxxx X. Xxx Title: VP - Capital Markets First Amendment To Fourth Amended And Restated Credit Agreement XXXXXXXXXX XXXX CREDIT SERVICES, ACA/FLCA, as Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement NORTHWEST FARM CREDIT SERVICES, PCA, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement FARM CREDIT SERVICES OF AMERICA, FLCA, as Voting Participant By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President First Amendment To Fourth Amended And Restated Credit Agreement MIDATLANTIC FARM CREDIT, ACA, as Voting Participant By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: AVP – Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXAS, as a Voting Participant By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Senior First Amendment To Fourth Amended And Restated Credit Officer UNITED FCS, FLCA d/b/a FCS COMMERCIAL FINANCE GROUP, as a Voting Participant By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice PresidentAgreement ANNEX I

Appears in 1 contract

Samples: Credit Agreement (Wayne Farms, Inc.)

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COBANK. ACB, as Administrative Agent a Revolving Lender and as a Lender By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President [Signatures Continued from Previous Page] BNP PARIBAS, as a 2022 Incremental RCF Lender By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director Assistant Corporate Secretary FIFTH THIRD BANK, AN OHIO BANKING CORPORATIONNATIONAL ASSOCIATION, as a Revolving Lender and a 2022 Incremental RCF Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President MIZUHO BANK, LTD., as a Revolving Lender and a 2022 Incremental RCF Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Executive Director THE BANK OF NOVA SCOTIA, HOUSTON BRANCH, as a Revolving Lender and a 2022 Incremental RCF Lender By: /s/ Xxx Xxxxxxxx Name: Xxxxxxx Xxx Xxxxxxxx Title: Managing Director COMPASS TRUIST BANK, as a Revolving Lender and a 2022 Incremental RCF Lender By: /s/ Xxx Xxxxxxx Xxxxxx Xxxxx Name: Xxx Xxxxxxx XXXXXX XXXXX Title: Vice President [Signatures Continued from Previous Page] KEYBANK Director U.S. BANK NATIONAL ASSOCIATION, as a Revolving Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Kestrina Budina Name: Kestrina Budina Title: Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director [Signatures Continued from Previous Page] AGSTAR FINANCIAL SERVICES, FLCA, as a Voting Participant By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Mgr. Agency Desk and Team Leader [Signatures Continued from Previous Page] BADGERLAND FINANCIAL, FLCA, as a Voting Participant By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: AVP – Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXASSenior Vice President MUFG BANK, LTD., as a Voting Participant By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant an Exiting Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President Authorized Signatory ANNEX A AMENDED CREDIT AGREEMENT [Signatures Continued from Previous PageTO BE ATTACHED] FARM Execution VersionAnnex A CREDIT MID-AMERICAAGREEMENT Dated as of June 10, FLCA2021 among DT MIDSTREAM, INC., as a Voting Participant By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Senior Credit Officer UNITED FCSBorrower, FLCA dTHE LENDERS PARTY HERETO, THE L/b/a FCS COMMERCIAL FINANCE GROUPC ISSUERS PARTY HERETO, and BARCLAYS BANK PLC, as a Voting Participant By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice PresidentAdministrative Agent and Collateral Agent BARCLAYS BANK PLC, BOFA SECURITIES, INC., CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., PNC BANK, NATIONAL ASSOCIATION, THE TORONTO-DOMINION BANK, NEW YORK BRANCH and XXXXX FARGO SECURITIES, LLC, as Revolving Facility Joint Lead Arrangers and Joint Bookrunners BARCLAYS BANK PLC, BOFA SECURITIES, INC., CITIBANK, N.A., JPMORGAN CHASE BANK, N.A. and XXXXX FARGO SECURITIES, LLC, as Term Loan Facility Joint Lead Arrangers and Joint Bookrunners THE BANK OF NOVA SCOTIA and TD SECURITIES (USA) LLC, as Co-Syndication Agents TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Section 1.01 Defined Terms 1 Section 1.02 Terms Generally 4552 Section 1.03 Effectuation of Transactions 4653 Section 1.04 Divisions 4653 Section 1.05 Negative Covenant Compliance 4653 Section 1.06 Interest Rates; LIBOR Notification 4653 Section 1.07 Letter of Credit Amounts 4654 ARTICLE II THE CREDITS Section 2.01 Commitments 4754 Section 2.02 Loans and Borrowings 4755 Section 2.03 Requests for Borrowings 4855 Section 2.04 Funding of Borrowings 4856 Section 2.05 Interest Elections 4957 Section 2.06 Termination of Commitments 5058 Section 2.07 Evidence of Debt 5159 Section 2.08 Repayment of Loans 5159 Section 2.09 Prepayment of Loans 5260 Section 2.10 Fees 5462 Section 2.11 Interest 5563 Section 2.12 Alternate Rate of Interest 5664 Section 2.13 Increased Costs 5768 Section 2.14 Break Funding Payments 5969

Appears in 1 contract

Samples: Credit Agreement (DT Midstream, Inc.)

COBANK. ACB, as Administrative Agent Agent, Joint Lead Arranger, Joint Bookrunner, an Issuing Lender, Swing Line Lender, an Existing Lender, a Revolving Lender, a Revolving Increase Lender and as a Term Loan A-3 Lender By: /s/ Xxxx Xxxxxx Xxxx Xxxxxxx Xxxxxx Vice President [Signatures Continued from Previous Page] BNP PARIBAS, as a Lender Xxxxxxx Managing Director EXISTING BORROWER: SHENANDOAH TELECOMMUNICATIONS COMPANY By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director FIFTH THIRD BANK, AN OHIO BANKING CORPORATION, as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director COMPASS BANK, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President [Signatures Continued from Previous Page] KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP Commercial Banking [Signatures Continued from Previous Page] TD BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President [Signatures Continued from Previous Page] CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Kestrina Budina Name: Kestrina Budina Title: Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director [Signatures Continued from Previous Page] AGSTAR FINANCIAL SERVICES, FLCA, as a Voting Participant By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Mgr. Agency Desk and Team Leader [Signatures Continued from Previous Page] BADGERLAND FINANCIAL, FLCA, as a Voting Participant By: /s/ Xxxxxxx Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxxxxxxxx X. Xxxxxx Title: AVP – Capital Markets [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXASPresident and Chief Executive Officer SUCCESSOR BORROWER: SHENTEL BROADBAND OPERATIONS, as a Voting Participant LLC By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant By: /s/ Xxx Xxxxxxxxxxx X. Xxxxxx Name: Xxx Xxxxxxxxxxx X. Xxxxxx Title: Senior Credit President and Chief Executive Officer UNITED FCSHOLDCO: SHENTEL BROADBAND HOLDING, FLCA d/b/a FCS COMMERCIAL FINANCE GROUPINC., as Holdco and as a Voting Participant New Guarantor By: /s/ Xxxx Xxxxxxx Xxxxxxxxxxx X. Xxxxxx Name: Xxxx Xxxxxxx Xxxxxxxxxxx X. Xxxxxx Title: Vice PresidentPresident and Chief Executive Officer EXISTING GUARANTORS: SHENANDOAH PERSONAL COMMUNICATIONS, LLC SHENANDOAH CABLE TELEVISION, LLC SHENANDOAH MOBILE, LLC SHENTEL MANAGEMENT COMPANY By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: President and Chief Executive Officer NEW GUARANTORS: HORIZON ACQUISITION PARENT LLC HORIZON SERVICES, INC. HORIZON TECHNOLOGY, INC. HORIZON TELCOM, INC. INFINITY FIBER, LLC THE CHILLICOTHE TELEPHONE COMPANY URBANSYSTEMS, LLC By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: President and Chief Executive Officer

Appears in 1 contract

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/)

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