Commitment Transfer Supplement. Schedules Schedule 1.2 Commercial Tort Claims Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Executive Offices Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property Schedule 5.10 Licenses and Permits Schedule 5.21 Material Contracts Schedule 7.2 Existing Liens Schedule 7.4 Investments Schedule 7.8 Existing Indebtedness FINANCING AGREEMENT Financing Agreement dated September 28, 2006 among THE XXXXXX BRUSH COMPANY, INC., a corporation organized under the laws of the State of New York ("Xxxxxx"), XXXX EQUIPMENT, INC., a corporation organized under the laws of the State of New York ("XXXX Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic", and together with Xxxxxx and XXXX Equipment, each a "Borrower", and the collectively, the "Borrowers"), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "Lenders"), and HSBC, as administrative agent for the Lenders (in such capacity, the "Agent"). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:
Commitment Transfer Supplement. COMMITMENT TRANSFER SUPPLEMENT, dated as of , 200___, among (the “Transferor Lender”), each Purchasing Lender executing this Commitment Transfer Supplement (each, a “Purchasing Lender”), and PNC Bank, National Association (“PNC”) as agent for the Lenders under the Loan Agreement (as those terms are defined below).
Commitment Transfer Supplement. Schedules
Commitment Transfer Supplement. Schedules Schedule 1.1 Existing Letters of Credit Schedule 1.2 Permitted Encumbrances Schedule 4.4 Collateral Locations; Place of Business, Chief Executive Office, Real Property Schedule 4.8(k) Deposit Accounts Schedule 5.1 Consents Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Matters Schedule 5.8(b)(i) Litigation Schedule 5.8(b)(ii) Indebtedness Schedule 5.8(d) Plans Schedule 5.10 Licenses and Permits Schedule 5.14 Labor Disputes Schedule 5.24 Equity Interests Schedule 5.28 Designated Customers Schedule 7.3 Guarantees Schedule 7.10 Transactions with Affiliates 222233776 FIRST AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN, DELAYED DRAW TERM LOAN AND SECURITY AGREEMENT First Amended and Restated Revolving Credit, Term Loan, Delayed Draw Term Loan and Security Agreement, dated as of September 30, 2019, to be effective as of the Closing Date, among OREGON METALLURGICAL, LLC, an Oregon limited liability company, ALLEGHENY XXXXXX, LLC, a Pennsylvania limited liability company, TDY INDUSTRIES, LLC, a California limited liability company, INTERNATIONAL HEARTH MELTING, LLC, an Oregon limited liability company, ATI PRECISION FINISHING, LLC, a Pennsylvania limited liability company, TITANIUM WIRE CORPORATION, a Pennsylvania corporation, ENVIRONMENTAL, INC., a California corporation, ATI TITANIUM LLC, a Delaware limited liability company, ATI FLOWFORM PRODUCTS, LLC, a Delaware limited liability company, ATI XXXXXX LLC, a Wisconsin limited liability company, ATI XXXXXX MACHINING, INC., a Nevada corporation, CHEN-TECH INDUSTRIES, INC., a Nevada corporation, ATI POWDER METALS LLC, a Pennsylvania limited liability company, and ATI FLAT ROLLED PRODUCTS HOLDINGS, LLC, a Pennsylvania limited liability company and each Person joined hereto as a borrower from time to time, collectively, the "Borrowers", and each a "Borrower"), the Guarantors (as defined herein) now or which hereafter become a party hereto, the financial institutions which are now or which hereafter become a party hereto (collectively, the "Lenders" and each individually a "Lender") and PNC BANK, NATIONAL ASSOCIATION ("PNC"), as agent for Lenders (PNC, in such capacity, the "Agent"). The Borrowers, the Agent, and the Lenders hereunder are parties to a Revolving Credit and Security Agreement, dated effective as of September 23, 2015 (as amended to the date hereof, the "...
Commitment Transfer Supplement. COMMITMENT TRANSFER SUPPLEMENT, dated as of ______________ __, 201_, among ________________ (the "Transferor Lender"), each Purchasing Lender executing this Commitment Transfer Supplement (each, a "Purchasing Lender"), and PNC Bank, Canada Branch ("PNC") as agent for the Lenders (as defined below) under the Credit Agreement (as defined below).
Commitment Transfer Supplement. Schedules --------- Schedule 1.2 Permitted Encumbrances Schedule 4.5 Equipment and Inventory Locations Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property, Source Code Escrow Agreements Schedule 5.10 Licenses and Permits Schedule 5.14 Labor Disputes Schedule 7.3 Guarantees REVOLVING CREDIT AND SECURITY AGREEMENT Revolving Credit and Security Agreement dated as of November 30, 2001 among BADGER PAPER MXXXX, INC., a corporation organized under the laws of the State of Wisconsin ("Borrower"), the financial institutions which are now or which hereafter become a party hereto (collectively, the "Lenders " and individually a "Lender") and PNC BANK, NATIONAL ASSOCIATION ("PNC"), as agent for Lenders (PNC, in such capacity, the "Agent"). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:
Commitment Transfer Supplement. Schedules --------- Schedule 1.2 Permitted Encumbrances Schedule 4.5 Equipment and Inventory Locations; Real Property Schedule 4.15(h) Deposit and Investment Accounts Schedule 5.1 Consents Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.8(b) Litigation; Indebtedness Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property, Source Code Escrow Agreements Schedule 5.27 Licensed Inventory Arrangements Schedule 7.3 Guarantees Exhibit 2.1(a) Revolving Credit Note $15,000,000 Date: December __, 2004 This Revolving Credit Note is executed and delivered under and pursuant to the terms of that certain Revolving Credit and Security Agreement dated as of December __, 2004 (as amended, restated, supplemented or modified from time to time, the "Loan Agreement") by and among SMALL WORLD TOYS, a California corporation ("Borrower"), with a place of business at 5711 Buckingham Parkway, Culver City, California 90230 and PNC BANK, XXXXXXXX XXXXXXXXXXX ("XXX"), xxx xxxxxxx xxxxxxxxx institutions named therein or which hereafter become a party thereto, (together with PNC collectively, "Lenders") and PNC as agent for Lenders (in such capacity, "Agent"). Capitalized terms not otherwise defined herein shall have the meanings provided in the Loan Agreement. FOR VALUE RECEIVED, Borrower hereby promises to pay to the order of PNC, at the office of Agent located at PNC Bank Center, Two Tower Center, 8th Floor, East Brunswick, New Jersey 08816 or ax xxxx xxxxx xxxxx xx Xxxxx xxx xxxx xxxx xx xxxx xxxxxxxxx xx Borrower in writing:
Commitment Transfer Supplement. The Administrative Agent shall have received a copy of a Commitment Transfer Supplement pursuant to which ING Capital LLC assigns all of its Revolving Committed Amount to Wachovia Bank, National Association, duly executed by each of the parties thereto.
Commitment Transfer Supplement. Schedules Schedule 1.1 Lenders’ Commitments Schedule 1.2 Permitted Encumbrances Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(h)-1 Xxxxx Cash Accounts Schedule 4.15(h)-2 Deposit and Investment Accounts Schedule 4.19 Real Property Schedule 5.1 Consents Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries Schedule 5.2(c) Accrued and Unpaid Dividends Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.8(b) Litigation Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property, Source Code Escrow Agreements Schedule 5.10 Licenses and Permits Schedule 5.13 Material Contracts Schedule 5.14 Labor Disputes Schedule 5.22 Business of Borrowers Schedule 6.13 Post-Closing Obligations Schedule 7.3 Guarantees REVOLVING CREDIT AND SECURITY AGREEMENT Revolving Credit and Security Agreement dated as of September 23, 2011 among FLOTEK INDUSTRIES, INC., a corporation organized under the laws of the State of Delaware (“Holdings”), CESI CHEMICAL, INC., a corporation organized under the laws of Oklahoma (“CESI Chemical”), CESI MANUFACTURING, LLC, a limited liability company formed under the laws of the State of Oklahoma (“CESI Manufacturing”), MATERIAL TRANSLOGISTICS, INC., a corporation organized under the laws of the State of Texas (“MTI”), SOONER ENERGY SERVICES, LLC, a limited liability company formed under the laws of the State of Oklahoma (“Sooner Energy”), TELEDRIFT COMPANY, a corporation organized under the laws of the State of Delaware (“Teledrift”), TURBECO, INC., a corporation organized under the laws of the State of Texas (“Turbeco”), USA PETROVALVE, INC., corporation organized under the laws of the State of Texas (“USA Petrovalve”; and together with Holdings, CESI Chemical, CESI Manufacturing, MTI, Sooner Energy, Teledrift, and Turbeco, individually, each a “Borrower” and jointly and severally, the “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for itself and as agent for the other Lenders (PNC, together with its successors and assigns in such capacity, the “Agent”). IN CONSIDERATION of the mutual covenants and undertakings herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrowers, Lenders and Agent hereby agree as follows:
Commitment Transfer Supplement. SCHEDULE 1.1 ELIGIBLE DC-9 AIRCRAFT and ELIGIBLE OTHER AIRCRAFT Manufacturer Type/Model Reg # Serial # ------------ ---------- ----- -------- XxXxxxxxx Xxxxxxx DC-9-14 N80ME 00000 XxXxxxxxx Xxxxxxx DC-9-15 N300ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N400ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N500ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N600ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N700ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N800ME 00000 XxXxxxxxx Xxxxxxx DC-9-14 N900ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N301ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N302ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N401ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N501ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N502ME 00000 XxXxxxxxx Xxxxxxx DC-9-32 N602ME 48133 XxXxxxxxx Xxxxxxx MD-81 N804ME 00000 XxXxxxxxx Xxxxxxx MD-81 N806ME 00000 XxXxxxxxx Xxxxxxx MD-81 N807ME 00000 XxXxxxxxx Xxxxxxx MD-82 N809ME 00000 XxXxxxxxx Xxxxxxx MD-82 N810ME 00000 XxXxxxxxx Xxxxxxx MD-81 N812ME 00000 XxXxxxxxx Xxxxxxx MD-81 N813ME 48007 XxXxxxxxx Xxxxxxx MD-81 N814ME 48010 SCHEDULE 1.2 EXISTING LETTERS OF CREDIT AUGUST, 2001 L/C # U.S. Dollar Amt. Beneficiary Expiry Date S121511 $ 93,000.00 City of Los Angeles, CA 2/28/02 S121582 $ 15,000.00 Xxx County Port Authority 12/12/01 S121584 $ 10,000.00 Dynair Fueling, Inc. 12/12/01 S121498 $ 13,736.65 Greater Toronto Airports 1/3/02 S121508 $ 100,000.00 Airlines Reporting Corporation 2/17/02 S121524 $ 30,922.00 San Francisco International Airport 3/15/02 S121538 $ 39,787.21 Greater Toronto Airports 4/21/02 S121542 $ 10,000.00 Air Cargo, Inc. 5/4/02 S121532 $ 5,000.00 Xxxxx County Department of Aviation 4/30/02 S121546 $ 6,165.00 Columbus Municipal Airport 5/19/02 S121551 $ 30,000.00 City of St. Louis 5/31/02 S121556 $ 8,200.00 Metropolitan Nashville Airport Authority 6/4/02 S121569 $ 3,500.00 Kenton County Airport 7/15/02 S121574 $ 93,044.70 Kansas City International Airport 9/1/02 S121578 $ 4,196.00 Regional Airport Authority of Louisville & Jefferson County 8/16/02 S121580 $ 11,774.27 Greater Toronto Airports 9/19/02 S121530 $ 1,032,000.00 Sentry Insurance 3/17/02 S121576 $ 8,023,575.00 Firstar Trust Company 8/15/02 S121981 $ 7,500.00 Delta Air Lines, Inc. 4/30/02 S124139 $ 55,000.00 Port Authority of New York and New Jersey 2/8/02 S124140 $ 75,000.00 Port Authority of New York and New Jersey 2/8/02 S124375 $ 7,103,562.00 Firstar Trust Company 4/15/02 SCHEDULE 1.3 EXISTING LIENS
