COLLATERAL AGENT AND ADMINISTRATIVE AGENT Sample Clauses

COLLATERAL AGENT AND ADMINISTRATIVE AGENT. WHITEHAWK CAPITAL PARTNERS LP, as Administrative Agent and Collateral Agent By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Partner LENDER: WHITEHAWK FINANCE LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Partner
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT. ABLECO FINANCE LLC, a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President LENDERS: ABLECO FINANCE LLC, a Delaware limited liability company, on behalf of itself and its affiliate assigns By: /s/ Xxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President [SIGNATURE PAGE TO AMENDMENT NUMBER TWO TO FINANCING AGREEMENT] SCHEDULE C-1 Lenders and Lenders’ Commitments LENDER REVOLVING CREDIT COMMITMENT TERM LOAN A COMMITMENT TERM LOAN B COMMITMENT TOTAL COMMITMENT Ableco Finance LLC and its affiliate assigns $ 6,000,000 $ 5,958,333.32 $ 6,019,576.30 $ 17,977,909.62 All Lenders $ 6,000,000 $ 5,958,333.32 $ 6,019,576.30 $ 17,977,909.62 SCHEDULE 6.01(e) Subsidiaries Name of Entity* Type Jurisdiction Ownership Liens** Mattress Firm, Inc. (“MFI”) corp. Delaware 100% of common stock (1,010.7135 shares) owned by Parent None. Mattress Firm Investment Management, Inc. corp. Arizona 100% of common stock (1,000 shares) owned by MFI None. Festro, Inc. corp. Texas 100% of common stock (3,000 shares) owned by MFI None. TeamExcel Management Company corp. Texas 100% of common stock (806 shares) owned by MFI None. Mattress Firm Operating, Ltd. LP Texas GP interest (1%): owned by Festro, Inc. LP interest (99%): owned by Mattress Firm Investment Management, Inc. None. Mattress Venture Investment Management, LLC LLC Arizona 100% membership interest, owned by Mattress Firm Operating, Ltd. None. Festro II, LLC LLC Texas 100% membership interest, owned by Mattress Firm Operating, Ltd. None. The Mattress Venture, L.P. LP Texas GP interest (1%): owned by Festro II, Inc. LP interest (99%): owned by Mattress Venture Investment Management, LLC None. Georgia Mattress Corp. (“GMC”) corp. Georgia 100% of common stock (100 shares) owned by Parent None. Elite Management Team, Inc. corp. Georgia 100% of common stock (640,145.84 shares) owned by GMC None. * Excludes MFA, as this entity is not a “Subsidiary” (as defined) on the Second Amendment Effective Date. ** Except for Liens securing the Obligations, and other Permitted Liens. SCHEDULE 6.01(ff) Collateral Locations Tangible Collateral (except for Inventory in transit) is located at the following locations:
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. CALLODINE COMMERCIAL FINANCE, LLC (as successor to Xxxxxx Xxxxxxxx Finance Company) By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director LENDERS: CALLODINE COMMERCIAL FINANCE SPV, LLC (f/k/a Xxxxxx Xxxxxxxx Finance Company, LLC) By:/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director XXXXXX XXXXXXXX BRANDS, LLC By:/s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: President 1903 PARTNERS, LLC By: /s/ Xxxxxxxx Xxx Name: Xxxxxxxx Xxx Title: Chief Operating Officer
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. MANCHESTER SECURITIES CORP., a New York corporation By: /s/ Xxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Vice President LENDERS: MANCHESTER SECURITIES CORP., a New York corporation By: /s/ Xxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Vice President XXXXX X. XXXXXX By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx, in his individual capacity XXXXX X. XXXXXX TRUST A-4 By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx MILFAM I, L.P. By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx MILFAM II, L.P. By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. ● WHITEHAWK CAPITAL PARTNERS, LP, as Administrative Agent and Collateral Agent By:​ ​ Name: Title: KL2 3287103.6 ​ LENDERS: WHITEHAWK FINANCE LLC By: ______________________________ Name: Title: ​ ●​ ​ ​ ​ KL2 3287103.6 ​ Exhibit B ​ [Exhibit H - Form of Subordination Agreement]
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. CERBERUS BUSINESS FINANCE, LLC By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: President LOAN AGREEMENT LENDERS: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director CERBERUS ASRS HOLDINGS LLC By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Vice President CERBERUS ICQ LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus ICQ Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director LOAN AGREEMENT CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director LOAN AGREEMENT
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. DBFIP ANI LLC, a Delaware limited liability company By: /s/ Pxxx Xxxxx Name: Pxxx Xxxxx Title: Chief Financial Officer [Lender signature pages on file with the Company.]
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT 

Related to COLLATERAL AGENT AND ADMINISTRATIVE AGENT

  • Successor Administrative Agent and Collateral Agent (a) Administrative Agent and Collateral Agent may resign at any time by giving thirty (30) days’ prior written notice thereof to Lxxxxxx and Bxxxxxxx. Upon any such notice of resignation, Requisite Lenders shall have the right, upon five (5) Business Days’ notice to Bxxxxxxx, to appoint a successor Administrative Agent and Collateral Agent; provided that in no event shall any such successor Agent be a Defaulting Lender. Upon the acceptance of any appointment as Administrative Agent and Collateral Agent hereunder by a successor Administrative Agent and Collateral Agent, that successor Administrative Agent and Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent and Collateral Agent and the retiring Administrative Agent and Collateral Agent shall promptly (i) transfer to such successor Administrative Agent and Collateral Agent all sums, Securities and other items of Collateral held under the Collateral Documents, together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Administrative Agent and Collateral Agent under the Loan Documents, and (ii) execute and deliver to such successor Administrative Agent and Collateral Agent such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Administrative Agent and Collateral Agent of the security interests created under the Collateral Documents, whereupon such retiring Administrative Agent and Collateral Agent shall be discharged from its duties and obligations hereunder. After any retiring Administrative Agent’s and Collateral Agent’s resignation hereunder as Administrative Agent and Collateral Agent, the provisions of this Article X shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent and Collateral Agent hereunder.

  • Collateral Agent (i) Collateral Agent may resign at any time by giving thirty (30) days’ prior written notice thereof to Lenders and Company. Upon any such notice of resignation, the Requisite Lenders shall have the right, upon five (5) Business Days’ notice to Company, to appoint a successor Collateral Agent provided, that the appointment of a successor Collateral Agent shall require (so long as no Default or Event of Default has occurred and is continuing) Company’s approval, which approval shall not be unreasonably withheld, delayed or conditioned. If, however, a successor Collateral Agent is not appointed within sixty (60) days after the giving of notice of resignation, the Collateral Agent may petition a court of competent jurisdiction for the appointment of a successor Collateral Agent. Upon the acceptance of any appointment as Collateral Agent hereunder by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent and the retiring Collateral Agent shall promptly (i) transfer to such successor Collateral Agent all sums, Securities and other items of Collateral held under the Collateral Documents, together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Collateral Agent under the Credit Documents, and (ii) execute and deliver to such successor Collateral Agent such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the appointment of such successor Collateral Agent and the assignment to such successor Collateral Agent of the security interests created under the Collateral Documents, whereupon such retiring Collateral Agent shall be discharged from its duties and obligations hereunder. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the provisions of this Section 8 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Collateral Agent hereunder.

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