COMPANIES. NEWPORT STEEL CORPORATION, KXXXXX STEEL CORPORATION, a Kentucky corporation a Pennsylvania corporation By: /s/ Txxxxx X. Xxxxxxxxxx By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Title: Vice President & Treasurer AGENT and LENDERS: THE CIT GROUP/BUSINESS CREDIT, INC., as Agent and a Lender By: /s/ Jxxx X. Xxxxx Name: Jxxx X. Xxxxx Title: Vice President LASALLE BUSINESS CREDIT, LLC, as Lender By: /s/ Sxxxx X. Xxxxx Name: Sxxxx X. Xxxxx Title: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments to the Financing Agreement, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendments, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUP, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000
Appears in 1 contract
Samples: Financing Agreement (Ns Group Inc)
COMPANIES. NEWPORT STEEL CORPORATIONLD HOLDINGS, KXXXXX STEEL CORPORATIONINC., a Kentucky Delaware corporation By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President LAZY DAYS’ R.V. CENTER, INC., a Florida corporation By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President SELLERS: ALLIANCE HOLDINGS, INC., a Pennsylvania corporation By: /s/ Txxxxx Xxxx X. Xxxxxxxxxx By: /s/ Txxxxx X. Xxxxxxxxxx Xxxxxxxx Name: Txxxxx Xxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Xxxxxxxx Title: Vice President & Treasurer /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx PPM AMERICA SPECIAL INVESTMENTS FUND, L.P. By: PPM America, Inc., as Attorney-in-Fact By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President & Treasurer AGENT and LENDERS: THE CIT GROUP/BUSINESS CREDITManaging Director LION CONNECTICUT HOLDINGS, INC., as Agent and a Lender successor by merger to RELIASTAR FINANCIAL CORP. By: /s/ Jxxx Xxxxx X. Xxxxxxxxxxx Name: Xxxxx X. Xxxxxxxxxxx Title: Vice President and Treasurer PPM AMERICA SPECIAL INVESTMENTS CBO II, L.P. By: PPM America, Inc., as Attorney-in-Fact By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director PB CAPITAL CORPORATION By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Jxxx Xxxxxxxxxxx X. Xxxxx Title: Vice President LASALLE BUSINESS CREDIT, LLC, as Lender PB CAPITAL CORPORATION By: /s/ Sxxxx Xxxxxxx X. Xxxxx Name: Sxxxx Xxxxxxx X. Xxxxx Title: Managing Director THE PROVIDENT BANK By: /s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments to the Financing AgreementSELLERS’ REPRESENTATIVE: OAKRIDGE CONSULTING By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: President XXXXX X. XXXXXXXXXX, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendmentsNOT IN HIS INDIVIDUAL CAPACITY, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUPBUT SOLELY AS TRUSTEE OF THE EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST FOR THE EMPLOYEES OF LAZY DAYS AS DIRECTED BY CONSULTING FIDUCIARIES, INC., a Kentucky corporation THE ESOP FIDUCIARY By: /s/ Txxxxx Xxxxx X. Xxxxxxxxxx Farsnworth Name: Txxxxx Xxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 Xxxxxxxxxx, solely as Trustee EXHIBIT A SELLERS PPM America Special Investments Fund, L.P. PPM America special Investments CBO II, L.P. Lion Connecticut Holdings, Inc., as successor by merger to Reliastar Financial Corporation The Provident Bank PB Capital Corporation Alliance Holdings, Inc. Xxxxxx X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000Xxxxxxx EXHIBIT B FLOW OF FUNDS SPREADSHEET SEE ATTACHED
Appears in 1 contract
Samples: Agreement Among Sellers (Lazy Days R.V. Center, Inc.)
COMPANIES. NEWPORT STEEL CORPORATION, KXXXXX STEEL CORPORATION, a Kentucky corporation a Pennsylvania corporation By: /s/ Txxxxx X. Xxxxxxxxxx By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Title: Vice President & Treasurer AGENT and LENDERS: THE CIT GROUP/BUSINESS CREDIT, INC., as Agent and a Lender By: /s/ Jxxx X. Xxxxx Name: Jxxx X. Xxxxx Title: Vice President LASALLE BUSINESS CREDIT, LLC, as Lender By: /s/ Sxxxx X. Xxxxx Name: Sxxxx X. Xxxxx Title: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments to the Financing Agreement, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendments, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUPAMYRIS, INC., a Kentucky Delaware corporation By: /s/ Txxxxx X. Xxxxxxxxxx Xxx Xxxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Xxx Xxxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENTInterim Chief Executive Officer and Chief Financial Officer AMYRIS CLEAN BEAUTY, INC., a Kentucky Delaware corporation By: /s/ Txxxxx X. Xxxxxxxxxx Xxx Xxxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Xxx Xxxxxxxxxxx Title: Vice Chief Financial Officer APRINNOVA, LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer AB TECHNOLOGIES LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer AMYRIS FUELS, LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer 76 AMYRIS-OLIKA, LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer ONDA BEAUTY INC., a Delaware corporation By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer UPLAND1 LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer AMYRIS ECO-FAB LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: Chief Financial Officer CLEAN BEAUTY 4U HOLDINGS, LLC, a Delaware limited liability company By: /s/ Xxx Xxxxxxxxxxx Name: Xxx Xxxxxxxxxxx Title: CEO & President & Treasurer AddressAMYRIS CLEAN BEAUTY LATAM LTDA., a Brazilian limited liability company By: 500 /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Legal Director By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxx Name: Xxxx Xxxxx Xxxxxxxx Xxxxx Title: Operations Director 77 INTERFACES INDUSTRIA E COMERCIO DE COSMETICOS LTDA., a Brazilian limited liability company By: /s/ Xxxxxxx Xxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Xxxxxx Title: Chief Financial Officer By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Legal Director AMYRIS BIOTECNOLOGIA DO BRASIL LTDA., a Brazilian limited liability company By: /s/ Xxxxxxx Xxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Xxxxxx Title: Chief Financial Officer By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Legal Director AMYRIS EUROPE TRADING B.V. (NETHERLANDS), a Netherlands limited liability company By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Director AMYRIS BIO PRODUCTS PORTUGAL, UNIPESSOAL, LDA., a Portugal liability company By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Director BEAUTY LABS INTERNATIONAL LIMITED, a United Kingdom limited company By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Director AMYRIS UK TRADING LIMITED, a United Kingdom limited company By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Director ADMINISTRATIVE AGENT: EUAGORE, LLC, a Delaware limited liability company By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000Name: Xxxxxxx X. Xxxxx Title: Manager
Appears in 1 contract
COMPANIES. NEWPORT STEEL CORPORATIONXXXXXXXXX ASSETS & OPERATIONS, KXXXXX STEEL CORPORATIONLLC LEGENDARY ASSETS & OPERATIONS, a Kentucky corporation a Pennsylvania corporation LLC SOUTH FLORIDA ASSETS & OPERATIONS, LLC By: /s/ Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Manager BOSUN’S ASSETS & OPERATIONS, LLC ONE WATER ASSETS & OPERATIONS, LLC SOUTH SHORE LAKE ERIE ASSETS & OPERATIONS, LLC By: /s/ Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: CEO MIDWEST ASSETS & OPERATIONS, LLC By: One Water Assets & Operations, LLC, its Manager By: /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Vice President & Treasurer CEO ONEWATER MARINE INC. By: /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Vice President & Treasurer AGENT CEO HOLDINGS: ONE WATER MARINE HOLDINGS, LLC By: /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: CEO Limited Consent and LENDERSNineteenth Amendment to Credit and Guaranty Agreement One Water Marine Holdings, LLC AGENT: THE CIT XXXXXXX SACHS SPECIALTY LENDING GROUP/BUSINESS CREDIT, INC.L.P., as Agent By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President Limited Consent and a Nineteenth Amendment to Credit and Guaranty Agreement One Water Marine Holdings, LLC LENDER: XXXXXXX XXXXX SPECIALTY LENDING GROUP, L.P., as Lender By: /s/ Jxxx X. Xxxx Xxxxx Name: Jxxx X. Xxxx Xxxxx Title: Senior Vice President LASALLE BUSINESS CREDITLimited Consent and Nineteenth Amendment to Credit and Guaranty Agreement One Water Marine Holdings, LLC LENDER: OWM BIP INVESTOR, LLC, as Lender By: /s/ Sxxxx X. Xxxxx Xxxx Xxxxxxx Name: Sxxxx X. Xxxxx Xxxx Xxxxxxx Title: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments Manager Limited Consent and Nineteenth Amendment to the Financing AgreementCredit and Guaranty Agreement One Water Marine Holdings, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendments, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUP, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000LLC
Appears in 1 contract
COMPANIES. NEWPORT STEEL CORPORATIONAgreed and Approved this 10th day of April, KXXXXX STEEL CORPORATION2006 TIMCO AVIATION SERVICES, a Kentucky corporation a Pennsylvania corporation INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AIRCRAFT INTERIOR DESIGN, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance BXXXX MANUFACTURING COMPANY, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance TIMCO ENGINE CENTER, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance TIMCO ENGINEERED SYSTEMS, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance TRIAD INTERNATIONAL MAINTENANCE CORPORATION By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVIATION SALES DISTRIBUTION SERVICES COMPANY By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVIATION SALES LEASING COMPANY By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVIATION SALES PROPERTY MANAGEMENT CORP. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVS/CAI, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVS/M-1, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVS/M-2, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVS/M-3, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President, Finance AVSRE, L.P. By: Aviation Sales Property Management Corp, its general partner By /s/ Txxxxx X. Xxxxxxxxxx By: /s/ Txxxxx X. Xxxxxxxxxx Kxxxx Xxxxxx Name: Txxxxx X. Xxxxxxxxxx Kxxxx Xxxxxx Title: Senior Vice President, Finance HYDROSCIENCE, INC. By /s/ Kxxxx Xxxxxx Name: Txxxxx X. Xxxxxxxxxx Kxxxx Xxxxxx Title: Senior Vice President & Treasurer President, Finance TMAS/ASI, INC. By /s/ Kxxxx Xxxxxx Name: Kxxxx Xxxxxx Title: Senior Vice President & Treasurer AGENT and LENDERS: THE CIT GROUP/BUSINESS CREDITPresident, INC., as Agent and a Lender By: Finance WHITEHALL CORPORATION By /s/ Jxxx X. Xxxxx Kxxxx Xxxxxx Name: Jxxx X. Xxxxx Kxxxx Xxxxxx Title: Senior Vice President LASALLE BUSINESS CREDITPresident, LLC, as Lender ByFinance Schedule I to ASSIGNMENT AND ACCEPTANCE ACCRUED INTEREST LOAN TYPE LOAN BALANCE (Current & PIK) TOTAL DUE Term Loan A-1 $ 8,158,314.57 $ 31,979.75 $ 8,190,294.32 Term Loan A-2 $ 7,138,507.47 $ 27,982.20 $ 7,166,489.67 Term Loan B $ 2,627,508.00 $ 9,496.71 $ 2,637,004.71 TOTALS: /s/ Sxxxx X. Xxxxx Name$ 17,924,330.04 $ 69,458.66 $ 17,993,788.70 PREPAYMENT PENALTY: Sxxxx X. Xxxxx Title$ 0 ACCRUED FACILITY FEES: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments to the Financing Agreement, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendments, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUP, INC., a Kentucky corporation By$ 0 ACCRUED COLLATERAL MANAGEMENT FEES: /s/ Txxxxx X. Xxxxxxxxxx Name$ 0 ACCRUED SUCCESS FEES: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000$ 0 ACCRUED LEGAL FEES/EXPENSES $ 0 ACCRUED DEFAULT INTEREST $ 319,466.38 TOTAL PURCHASE PRICE $ 18,313,255.08 Schedule II to
Appears in 1 contract
COMPANIES. NEWPORT STEEL CORPORATION, a KXXXXX STEEL CORPORATION, a Kentucky corporation a Pennsylvania corporation By: /s/ Txxxxx X. Xxxxxxxxxx By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Title: Vice President & Treasurer AGENT and LENDERS: New Company: THE CIT GROUP/BUSINESS CREDIT, ULTRA PREMIUM OILFIELD INC., as Agent and a Lender SERVICES, LTD., a Kentucky limited partnership By: /s/ Jxxx Jxxxx X. Xxxxx Xxxxxxxx By: UPOS GP, L.L.C., a Kentucky limited Name: Jxxx Jxxxx X. Xxxxx Xxxxxxxx liability company Title: Senior Vice President Its: General Partner By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President LASALLE BUSINESS CREDIT, LLC, as Lender By: /s/ Sxxxx X. Xxxxx Name: Sxxxx X. Xxxxx Title: Vice President The undersigned Guarantors hereby acknowledge the foregoing amendments to the Financing Agreement, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendments, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUP, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000
Appears in 1 contract
Samples: Financing Agreement (Ns Group Inc)
COMPANIES. NEWPORT STEEL CORPORATIONXXXXXXXXX ASSETS & OPERATIONS, KXXXXX STEEL CORPORATIONLLC LEGENDARY ASSETS & OPERATIONS, a Kentucky corporation a Pennsylvania corporation LLC SOUTH FLORIDA ASSETS & OPERATIONS, LLC BOSUN’S ASSETS & OPERATIONS, LLC SOUTH SHORE LAKE ERIE ASSETS & OPERATIONS, LLC MIDWEST ASSETS & OPERATIONS, LLC By: /s/ Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Manager ONEWATER ASSETS & OPERATIONS, LLC By: /s/ Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: CEO HOLDINGS: ONE WATER MARINE HOLDINGS, LLC By: /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Txxxxx X. Xxxxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Vice President & Treasurer CEO PUBCO: ONEWATER MARINE INC. By: /s/ Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Name: Xxxxxx Xxxxxx Xxxxxxxxx, Jr. Title: Vice President & Treasurer AGENT and LENDERS: THE CIT CEO XXXXXXX SACHS SPECIALTY LENDING GROUP/BUSINESS CREDIT, INC.L.P., as Administrative Agent, Collateral Agent and a Lender By: /s/ Jxxx Xxxxx X. Xxxxx Xxxxxx Name: Jxxx Xxxxx X. Xxxxx Xxxxxx Title: Vice President LASALLE BUSINESS CREDITAuthorized Signatory [Signature Page to Amended and Restated Credit and Guaranty Agreement – OneWater] The Exiting Lender is executing this Agreement as of the date and year first written above for the sole purpose of Section 10.27 hereof. OWM BIP INVESTOR, LLC, as the Exiting Lender By: /s/ Sxxxx X. Xxxxx Xxxx Xxxxxxx Name: Sxxxx X. Xxxxx Xxxx Xxxxxxx Title: Vice President The undersigned Guarantors hereby acknowledge Manager [Signature Page to Amended and Restated Credit and Guaranty Agreement – OneWater] APPENDIX A-1 TO CREDIT AND GUARANTY AGREEMENT Revolving Commitments Lender Revolving Commitment Pro Rata Share Xxxxxxx Xxxxx Specialty Lending Group, L.P. $ 10,000,000.00 100 % Total $ 10,000,000.00 100 % APPENDIX A-2 TO CREDIT AND GUARANTY AGREEMENT Multi-Draw Term Loan Commitments as of the foregoing amendments to the Financing AgreementClosing Date Lender Total Multi-Draw Term Loan Commitments Pro Rata Share Xxxxxxx Sachs Specialty Lending Group, L.P. $ 100,000,000.00 100 % Total $ 100,000,000.00 100 % APPENDIX B TO CREDIT AND GUARANTY AGREEMENT Notice Addresses ONE WATER ASSETS & OPERATIONS, LLC XXXXXXXXX ASSETS & OPERATIONS, LLC LEGENDARY ASSETS & OPERATIONS, LLC SOUTH FLORIDA ASSETS & OPERATIONS, LLC ONE WATER MARINE HOLDINGS, LLC MIDWEST ASSETS & OPERATIONS, LLC SOUTH SHORE LAKE ERIE ASSETS & OPERATIONS, LLC BOSUN’S ASSETS & OPERATIONS, LLC ONE WATER MARINE INC. 0000 Xxxxxx Xxxxxxx Parkway Buford, Georgia 30518 Attention: Xxxxxx Xxxxxx Xxxxxxxxx, Jr., CEO Telecopier: XXXXXXX SACHS SPECIALTY LENDING GROUP, L.P., as Administrative Agent, Collateral Agent, and confirm and agree with the Agent and the Lenders that the guaranty executed by the undersigned in connection with the Financing Agreement remains unmodified and in full force and effect notwithstanding such amendmentsa Lender, and that such guaranty shall continue to apply and extend to all loans made by the Lenders to the Companies under the Financing Agreement. NS GROUPits Principal Office set forth below Xxxxxxx Xxxxx Specialty Lending Group, INC.L.P. 0000 Xxxx Xxxxxx Suite 2800 Dallas, a Kentucky corporation ByTexas 75201 Attention: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx XxxxxxxOne Water Marine Holdings, Xxxxxxxx 00000 ERLANGER TUBULAR CORPORATION, an Oklahoma corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 NORTHERN KENTUCKY MANAGEMENT, INC., a Kentucky corporation By: /s/ Txxxxx X. Xxxxxxxxxx Name: Txxxxx X. Xxxxxxxxxx Title: Vice President & Treasurer Address: 500 X. Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000Account Manager Email:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)
