Commitment Transfer Supplement Sample Clauses

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 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 ▇▇▇▇▇▇ BRUSH COMPANY, INC., a corporation organized under the laws of the State of New York ("▇▇▇▇▇▇"), ▇▇▇▇ EQUIPMENT, INC., a corporation organized under the laws of the State of New York ("▇▇▇▇ Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic", and together with ▇▇▇▇▇▇ and ▇▇▇▇ Equipment, each a "Borrower", and the collectively, the "Borrowers"), ▇▇▇▇, INC., a corporation organized under the laws of the State of New York ("▇▇▇▇", 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. EXHIBITS A Borrowing Base Oil and Gas Properties B Form of Request for Credit Extension C Form of Note D Form of Compliance Certificate E List of Collateral Documents F Form of Guaranty G Form of Joinder Agreement 1335940v11 This CREDIT AGREEMENT is entered into effective as of July 3, 2008 among ENERJEX RESOURCES, INC., a Nevada corporation (“Parent”), ENERJEX KANSAS, INC. (f/k/a Midwest Energy, Inc.), a Nevada corporation (“EnerJex Kansas”) and DD ENERGY, INC., a Nevada corporation (“DD Energy”) (together with Subsidiaries of any such party that hereafter execute and deliver a Joinder Agreement, collectively, “Borrowers”) and TEXAS CAPITAL BANK, N.A., a national banking association, as a Bank, L/C Issuer and Administrative Agent (in such latter capacity and together with its successors and permitted assigns in such capacity the “Administrative Agent”), and the several banks and financial institutions from time to time parties to this Credit Agreement (the “Banks,” such term to include all undersigned Banks and all other financial institutions which subsequently become parties to this Agreement in accordance with Section 10.07 hereof).

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 ▇▇▇▇▇ 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 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. 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, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ("▇▇▇"), ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 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 a▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ Borrower in writing:

Commitment Transfer Supplement. (a) Existing Letters of Credit Schedule 1.1 (b) Existing Investments Schedule 1.1 (c) Transaction Costs Schedule 2.1 (a) Schedule of Lenders and Commitments Schedule 2.1(d) Applicable Percentage Schedule 6.6 Litigation Schedule 6.10 Environmental Matters Schedule 6.12 Subsidiaries of the Borrower Schedule 8.1(b) Permitted Indebtedness Schedule 8.2 Permitted Liens Schedule 11.2 Schedule of Lenders and Addresses CREDIT AGREEMENT THIS CREDIT AGREEMENT, dated as of September 18, 1996 (the "Credit Agreement"), is by and among OSHKOSH TRUCK CORPORATION, a Wisconsin corporation (the "Borrower"), those Subsidiaries identified as a "Guarantor" on the signature pages hereto and such other Subsidiaries as may from time to time become a party hereto (the "Guarantors"), the several lenders identified on the signature pages hereto and such other lenders as may from time to time become a party hereto (the "Lenders"), FIRSTAR BANK MILWAUKEE, N.A., as agent for the Lenders (in such capacity, the "Agent") and BANK ONE, MILWAUKEE, NA, NATIONSBANK, N.A. and ▇▇▇▇▇▇ TRUST AND SAVINGS BANK, as co-agents.

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 M▇▇▇▇, 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 LOAN AND SECURITY AGREEMENT

Commitment Transfer Supplement. Liens of record on the Closing Date Schedule 1.2(b) Existing Letters of Credit Schedule 4.5