Appears in 2 contracts

Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Westar Capital Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Highwoods Realty LTD Partnership)

ENTIRETIES. ~~THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS~~The Credit Agreement and the other Loan Documents, ~~AS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~as amended by this Amendment, ~~REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR~~represent the final agreement between the parties about the subject matter of the Credit Agreement and may not be contradicted by evidence of prior, ~~CONTEMPORANEOUS~~contemporaneous, ~~OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES~~or subsequent oral agreements of the parties. ~~THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES~~There are no unwritten oral agreements between the parties. ~~SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN~~ Third Amendment to Centex Credit Agreement EXECUTED ~~on and effective~~ as of the first date ~~first above written~~written above. ~~PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation~~CENTEX CORPORATION, as Borrower By: /s/ ~~XXXXXX XXXXX~~ Gxxx X. Xxxx Name: ~~Xxxxxx Xxxxx~~ Gxxx X. Xxxx Title: ~~Executive~~ Vice President & Treasurer Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and ~~Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT~~ the Lenders Defined Therein BANK OF ~~CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING~~AMERICA, ~~INC.~~N.A., ~~AS BORROWER~~as Administrative Agent, ~~WESTAR INDUSTRIES~~an L/C Issuer, ~~INC.~~and as a Lender By: /s/ Exxx Xxxxxxx Name: Exxx Xxxxxxx Title: Senior Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, ~~AS ADMINISTRATIVE AGENT~~Bank of America, ~~AND~~ N.A., as Administrative Agent, and the Lenders Defined Therein JPMORGAN CHASE BANK, N.A. as Co-Syndication Agent, as an L/C Issuer, and as a Lender By: /s/ Bxxxx XxXxxxxx Name: Bxxxx XxXxxxxx Title: Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE ~~LENDERS NAMED HEREIN EXECUTED on~~ ROYAL BANK OF SCOTLAND PLC, as Co-Syndication Agent and ~~effective~~ as a Lender By: /s/ Wxxxxxx XxXxxxx Name: Wxxxxxx XxXxxxx Title: Senior Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the ~~date first above written. WESTAR INDUSTRIES~~Lenders Defined Therein CITICORP NORTH AMERICA, INC., as Co-Documentation Agent and as a Lender By: /s/ Mxxxx XxXxxxx Name: Mxxxx XxXxxxx Title: Vice President BNP PARIBAS, as a Senior Managing Agent, as an L/C Issuer, and as a Lender By: /s/ Dxxxx Xxxxxxxxx Name: Dxxxx Xxxxxxxxx Title: Managing Director By: /s/ Axxxxx Xxxxxxx-Xxxxxx Name: Axxxxx Xxxxxxx-Xxxxxx Title: Director Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein CALYON NEW YORK BRANCH, as a Senior Managing Agent and as a Lender By: /s/ Rxxxxx Xxxxx Name: Rxxxxx Xxxxx Title: Managing Director By: /s/ Bxxxx Xxxxx Name: Bxxxx Xxxxx Title: Managing Director THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as a Senior Managing Agent and as a Lender By: /s/ D. Xxxxxxx Name: D. Xxxxxxx Title: V.P. & Manager Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein LLOYDS TSB BANK PLC, as a Managing Agent and as a Lender By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Associate Director Corporate Banking USA L007 By: /s/ Jxxxxxxx Xxxxx Name: Jxxxxxxx Xxxxx Title: Assistant Vice President Risk Management & Business Support S025 Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein COMERICA BANK, as an L/C Issuer and as a Lender By: /s/ Cxxxx X. Xxxxxxxxx Name: Cxxxx X. Xxxxxxxxx Title: Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein WASHINGTON MUTUAL BANK, FA, as a Lender By: /s/ Jxxx X. Xxxxxx Name: Jxxx X. Xxxxxx Title: Vice President BARCLAYS BANK PLC, as Senior Managing Agent and a Lender By: /s/ ~~XXXX~~ Nxxxxxxx X. ~~XXXXX~~ Xxxx Name: Nxxxxxxx X. Xxxx Title: Director Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Dxxxxxx X. Xxxx Name: Dxxxxxx X. Xxxx Title: Senior Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein UBS LOAN FINANCE LLC, as a Lender By: /s/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director By: /s/ Dxxxx X. Jxxxx Name: Dxxxx X. Jxxxx Title: Associate Director CITY NATIONAL BANK, a national banking association, as a Lender By: /s/ Nxxxxx Xxxxx Name: NXXXXX XXXXX Title: VICE PRESIDENT THE NORTHERN TRUST COMPANY, as a Lender By: /s/ Mxxxxx X. Xxxxx Name: Mxxxxx X. Xxxxx Title: Vice President ~~To induce the~~ Signature Page to Third Amendment to Credit ~~Parties to enter into this Amendment~~Agreement Between Centex Corporation, ~~each~~ Bank of ~~the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery~~America, ~~(b) ratifies and confirms that all guaranties~~N.A., ~~assurances~~as Administrative Agent, and ~~Liens~~the Lenders Defined Therein UNICREDIT BANCA DI ROMA, ~~if any~~formerly known as Banca Di Roma – New York Branch, granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EXECUTED on and effective as of the date first above written. PROTECTION ONE, INC., a ~~Delaware corporation~~ Lender By: /s/ ~~XXXXXX XXXXX~~ Axxxxxxxxx Xxxxx Name: ~~Xxxxxx~~ Axxxxxxxxx Xxxxx Title: First Vice President By: /s/ Lxxxx Xxx Name: Lxxxx Xxx Title: Assistant Treasurer COMPASS BANK, as a Lender By: /s/ Key Cxxxx Name: Key Cxxxx Title: Executive Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and ~~Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION~~the Lenders Defined Therein MXXXXXX LXXXX BANK USA, as a ~~Delaware corporation~~ Lender By: /s/ ~~XXXXXXX X. XXXXX~~ Lxxxx Xxxxx Name: ~~Xxxxxxx X.~~ Lxxxx Xxxxx Title: ~~Assistant Treasurer QuickLinks~~First Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein NATIXIS (fka NATEXIS BANQUES POPULAIRES), as a Lender By: /s/ Mxxxx-Xxxxx Dugeny Name: Mxxxx-Xxxxx Dugeny Title: Managing Director By: /s/ Txxxxxxx Xxxxxxx Name: Txxxxxxx Xxxxxxx Title: Associate FIRST HAWAIIAN BANK, as a Lender By: /s/ Gxxxxx Xxxxx Name: Gxxxxx Xxxxx Title: Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein FIFTH THIRD BANK, as a Lender By: /s/ Wxxxxxx X. Xxxxxxx Name: Wxxxxxx X. Xxxxxxx Title: Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein SOCIETE GENERALE, as a Lender By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx Title: Director Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Jxxx Xxxxxxxxx Name: Jxxx Xxxxxxxxx Title: Senior Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Exxx Xxxxxxx Name: Exxx Xxxxxxx Title: Senior Vice President Signature Page to Third Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein EXHIBIT H BORROWING BASE CERTIFICATE The undersigned, being a duly elected Responsible Officer of Centex Corporation, a Nevada corporation, hereby certifies that the following is a true and correct calculation of the Borrowing Base as of _______, 20___:

Appears in 1 contract

Samples: Credit Agreement (Centex Corp)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. ~~THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS~~The Credit Agreement and the other Loan Documents, ~~AS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~as amended by this Amendment and the other Amendment documents, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN EXECUTED on and effective as represent the final agreement between the parties about the subject matter of the ~~date first above written. PROTECTION ONE ALARM MONITORING~~Credit Agreement and may not be contradicted by evidence of prior, ~~INC.~~contemporaneous, a Delaware corporation, as Borrower By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT, AND THE LENDERS NAMED HEREIN EXECUTED on and effective as or subsequent oral agreements of the ~~date first above written~~parties. ~~WESTAR INDUSTRIES, INC., as Administrative Agent and a Lender By: /s/ XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: President~~ There are no unwritten oral agreements between the parties. To induce the Credit Parties to enter into this Amendment, each of the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery, (b) ratifies and confirms that all guaranties, assurances, and ~~Liens, if any,~~ Liens granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future ~~Obligations~~ Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) confirms that the term "Guaranteed Debt" in each Guaranty includes, without limitation, the indebtedness evidenced by the Replacement Revolving Credit Notes, (d) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (de) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. ~~EXECUTED on and effective as~~ SCHEDULE 1 PARTIES, ADDRESSES, COMMITMENTS, AND WIRING INFORMATION ==================================================================================================================== Borrower ==================================================================================================================== Xxxxxxxx Properties Acquisition Partners, L.P. 0000 X. Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xx. Xxxx X. Bower With a Copy to: Xxxxxxxx Properties Acquisition Partners, L.P. 0000 X. Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: General Counsel With a Copy to: Akin, Gump, Strauss, Xxxxx & Xxxx, L.L.P. 0000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000-0000 Attention: Xxxxxxx X. Xxxxxx, Esq. ==================================================================================================================== Administrative Agent ==================================================================================================================== Bank One, NA Corporate Real Estate 1 Bank One Plaza Mail Code IL1-0315 Xxxxxxx, Xxxxxxxx 00000-0000 Attention: Xxxxxxx Xxxxxx Fax: 000-000-0000 Wiring Instructions: Bank One, NA ABA # Account Name: Xxxxxxxx Properties Trust Account Number: Reference: Xxxxxxxx Properties Acquisition Partners LS2 Incoming Clearing Account Attn: Loan Operations Admin: Xxxxx Xxxxxx 000-000-0000 ==================================================================================================================== Syndication Agent ==================================================================================================================== Bank of America, N.A. Second Amendment ==================================================================================================================== 000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxx, Xxxxx 00000 Attn: Xx. Xxxxx Xxxxxxx Vice President Fax: 000-000-0000 With a Copy to: Banc of America Securities LLC NC1-007-15-06 000 Xxxxx Xxxxx Xxxxxx 15th Floor Charlotte, NC 28255-0001 Attn: Xx. Xxxxxxx Xxxxxxxx Vice President Fax: 000-000-0000 Wiring Instructions: Bank of America, N.A. ABA # Account Name: Credit Services Account Number: Reference: Xxxxxxxx Properties Acquisition Partners, L.P. Attn: Xxxxx Xxxxx 000-000-0000 ==================================================================================================================== Pro Rata Share of the ~~date first above written. PROTECTION ONE~~Lenders Commitment $ Total Commitments ==================================================================================================================== Bank One, ~~INC.~~NA $30,000,000 10.000000% Corporate Real Estate 1 Bank One Plaza Mail Code IL1-0315 Xxxxxxx, ~~a Delaware corporation By~~Xxxxxxxx 00000-0000 Attention: ~~/s/ XXXXXX XXXXX~~ Xxxxxxx Xxxxxx Fax: 000-000-0000 Wiring Instructions: Bank One, NA ABA # Account Name: Xxxxxxxx Properties Trust Account Number: Reference: Xxxxxxxx Properties Acquisition Partners LS2 Incoming Clearing Account Attn: Loan Operations Admin: Xxxxx Xxxxxx 000-000-0000 -------------------------------------------------------------------------------------------------------------------- Second Amendment -------------------------------------------------------------------------------------------------------------------- Bank of America, N.A. $30,000,000 10.000000% 000 Xxxx Xxxxxx, 00xx Xxxxx ~~Title~~Xxxxxx, Xxxxx 00000 Attn: ~~Executive~~ Xx. Xxxxx Xxxxxxx Vice President Fax: 000-000-0000 With a Copy to: Banc of America Securities LLC NC1-007-15-06 000 Xxxxx Xxxxx Xxxxxx 15th Floor Charlotte, NC 28255-0001 Attn: Xx. Xxxxxxx Xxxxxxxx Vice President Fax: 000-000-0000 Wiring Instructions: Bank of America, N.A. ABA # Account Name: Credit Services Account Number: Reference: Xxxxxxxx Properties Acquisition Partners, L.P. Attn: Xxxxx Xxxxx 000-000-0000 -------------------------------------------------------------------------------------------------------------------- Dresdner Bank AG, New York and ~~Chief Financial Officer NETWORK MULTI~~Grand Cayman Branches $30,000,000 10.000000% 00 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 10005-~~FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ XXXXXXX X. XXXXX Name~~2886 Attn: Xxxxxxx X. Xxxxx ~~Title~~Fax: ~~Assistant Treasurer QuickLinks~~000-000-0000 Wiring Instructions: Dresdner Bank AG New York ABA # Account Name: Xxxxxxxx Properties Trust Account Number: Reference: $300 Million Revolver [include type of payment, i.e., principal, interest, fees] Attn: Xxxxxxxxx Tadurem 000-000-0000 -------------------------------------------------------------------------------------------------------------------- Commerzbank AG, New York Branch $30,000,000 10.000000% Real Estate Department Two World Financial Center Second Amendment -------------------------------------------------------------------------------------------------------------------- Xxx Xxxx, Xxx Xxxx 00000-0000 Attn: Mr. Xxxxx Xxxxxxx Xx. Xxxx Xxxxxxxxxxxxx Fax: 000-000-0000 Wiring Instructions: Commerzbank A.G., New York Branch ABA # Account Number: Reference: Xxxxxxxx Properties -------------------------------------------------------------------------------------------------------------------- Societe Generale, Southwest Agency $30,000,000 10.000000% 0000 Xxxx Xxxxxx Suite 2200 Dallas, Texas 75201-6776 Attn: Mr. Xxxx Xxxxxxx Fax: 000-000-0000 Wiring Instructions: Societe Generale, New York ABA # Account Name: Xxxxxxxx Properties Acquisition Partners, LP Account Number: Attention: Xxxxx Xxxxxxxx 000-000-0000 -------------------------------------------------------------------------------------------------------------------- PNC Bank, National Association $25,000,000 8.333333% 000 Xxxxx Xxxxxx One PNC Plaza Mail Stop P1-XXXX-19-2 Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Attn: Xx. Xxxxx Xxxxxxxxx Mr. Xxxxxxx XxXxxxxx Fax: 000-000-0000 Wiring Instructions: PNC Bank, National Association ABA # Account Name: Commercial Loan Operations Account Number: Reference: Xxxxxxxx Properties Attention: Xxxxxx Xxxxx 000-000-0000 -------------------------------------------------------------------------------------------------------------------- SunTrust Bank $25,000,000 8.333333% Second Amendment ------------------------------------------------------------------------------------------------------------------ 0000 Xxxxx Xxxxxxxxx, Suite 820 Vienna, Virginia 22182-3871 Attn: Ms. Xxxxx Xxxxxxxx Fax: 000-000-0000 Wiring Instructions: SunTrust Bank ABA # Account Name: REFG-Vienna Account Number: Reference: Xxxxxxxx Properties Attn: Xxxxxx Xxxxx 000-000-0000 ------------------------------------------------------------------------------------------------------------------ Comerica Bank $20,000,000 6.666667% Comerica Tower 000 Xxxxxxxx Xxxxxx, 7th Floor Detroit, Michigan 48226 Attn: Xx. Xxx Xxxxxx Fax: 000-000-0000 Wiring Instructions: Comerica Bank ABA # Account Name: CLO Account Number: Reference: Xxxxxxxx Properties Notify: Xxxxx Xxxxxxx 000-000-0000 ------------------------------------------------------------------------------------------------------------------ Mellon Bank, N.A. $20,000,000 6.666667% Xxx Xxxxxx Xxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

ENTIRETIES. ~~THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY~~ THIS AMENDMENT ~~AND~~ CONTAINS THE ~~OTHER AMENDMENT DOCUMENTS, REPRESENT THE FINAL~~ ENTIRE AGREEMENT BETWEEN THE PARTIES ~~ABOUT~~ WITH RESPECT TO THE SUBJECT MATTER OF ~~THE CREDIT AGREEMENT~~ THIS AMENDMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, ~~CONTEMPORANEOUS,~~ CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. ~~THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN~~ [THE ~~PARTIES.~~ REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] SIGNATURE PAGE TO ~~SIXTH~~ FIFTEENTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, ~~WESTAR INDUSTRIES~~POI ACQUISITION, ~~INC.~~L.L.C., AS ADMINISTRATIVE AGENT AND THE LENDERS ~~NAMED HEREIN~~ PARTY THERETO EXECUTED on and effective as of the date first above written. PROTECTION ONE ALARM MONITORING, INC., a Delaware ~~corporation~~Corporation, as Borrower By: /s/ ~~XXXXXX XXXXX~~ Xxxxxxx X. Xxxxx Name: ~~Xxxxxx~~ Xxxxxxx X. Xxxxx Title: ~~Executive Vice President and Chief Financial Officer~~ Senior V.P. SIGNATURE PAGE TO ~~SIXTH~~ FIFTEENTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, ~~WESTAR INDUSTRIES~~POI ACQUISITION, ~~INC.~~L.L.C., AS ADMINISTRATIVE ~~AGENT,~~ AGENT AND THE LENDERS ~~NAMED HEREIN~~ PARTY THERETO EXECUTED on and effective as of the date first above written. ~~WESTAR INDUSTRIES~~POI ACQUISITION, ~~INC.~~L.L.C., as Administrative Agent and a Lender By: /s/ ~~XXXX~~ Xxxxx X. ~~XXXXX~~ Xxxxxx Name: ~~Xxxx~~ Xxxxx X. ~~Xxxxx~~ Xxxxxx Title: ~~President~~ SIGNATURE PAGE TO FIFTEENTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, POI ACQUISITION, L.L.C., AS ADMINISTRATIVE AGENT AND THE LENDERS PARTY THERETO EXECUTED on and effective as of the date first above written. QUADRANGLE MASTER FUNDING LTD, as a Lender By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: SIGNATURE PAGE TO FIFTEENTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, POI ACQUISITION, L.L.C., AS ADMINISTRATIVE AGENT AND THE LENDERS PARTY THERETO To induce the Credit Parties to enter into this Amendment, each of the ~~undersigned~~ undersigned: (a) consents and agrees to the execution and delivery of the Amendment Documents~~' execution and delivery~~, (b) ratifies and confirms that all guaranties, ~~assurances,~~ assurances and Liens, if any, granted, ~~conveyed,~~ conveyed or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, ~~reduced,~~ reduced or otherwise adversely affected by the Amendment Documents and continue to guarantee, ~~assure,~~ assure and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, ~~assurances,~~ assurances or Liens), ; (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, ~~file,~~ file and record such additional guaranties, assignments, security agreements, deeds of trust, ~~mortgages,~~ mortgages and other agreements, documents, ~~instruments,~~ instruments and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, ~~preserve,~~ preserve and protect those guaranties, ~~assurances,~~ assurances and Liens, ; and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds each of the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EXECUTED on and effective as of the date first above written. PROTECTION ONE, INC., a Delaware corporation By: /s/ ~~XXXXXX XXXXX~~ Xxxxxxx X. Xxxxx Name: ~~Xxxxxx~~ Xxxxxxx X. Xxxxx Title: ~~Executive Vice President and Chief Financial Officer~~ Senior V.P. NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ ~~XXXXXXX X. XXXXX~~ Xxxxx Xxxxxxxx Name: ~~Xxxxxxx X.~~ Xxxxx Xxxxxxxx Title: ~~Assistant Treasurer QuickLinks~~President

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. THE TERM B CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS ~~AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER ~~OF THE CREDIT AGREEMENT~~ HEREOF AND THEREOF, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS ~~BETWEEN~~ AMONG THE PARTIES. ~~SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC~~[Signature pages follow.~~, AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN~~ ] 0909001GD Third Amendment of Term B A-Third Amendment of Term B Credit Agreement.doc EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first ~~above written~~mentioned. ~~PROTECTION ONE ALARM MONITORING~~BANK OF AMERICA, ~~INC~~N.A., as Administrative Agent By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx Senior Vice President Signature Page to Third Amendment of Term B Credit Agreement STANDARD PACIFIC CORP., a Delaware ~~corporation, as Borrower~~ corporation By: /s/ ~~XXXXXX XXXXX Name~~Xxxx Xxxxxxxx Xxxx Xxxxxxxx Senior Vice President & Chief Financial Officer By: ~~Xxxxxx~~ /s/ Xxxxx ~~Title: Executive~~ X. XxXxxxxx Xxxxx X. XxXxxxxx Senior Vice President and Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT, AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of Treasurer To induce the ~~date first above written. WESTAR INDUSTRIES, INC., as~~ Administrative Agent and ~~a Lender By: /s/ XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: President To induce the Credit Parties~~ Lenders to enter into this Amendment, ~~each of~~ the undersigned jointly and severally (a) ~~consents~~ consent and ~~agrees~~ agree to the ~~Amendment Documents'~~ Amendment’s execution and delivery, (b) ~~ratifies~~ ratify and ~~confirms~~ confirm that all guaranties, assurances, and ~~Liens, if any,~~ liens granted, conveyed, or assigned to ~~the Credit Parties~~ Administrative Agent and Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment ~~Documents~~ and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or ~~Liens~~liens), (c) ~~agrees~~ agree to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as ~~the Credit Parties~~ Administrative Agent may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and ~~Liens~~liens, and (d) ~~waives~~ waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and ~~its~~ their successors and permitted assigns and inures to the ~~Credit Parties~~ Administrative Agent and Lenders and their respective successors and permitted assigns. ~~EXECUTED on and effective as~~ GUARANTORS: Barrington Estates, LLC, a Delaware limited liability company Camarillo Village Park, LLC, a Delaware limited liability company Foundry Lofts, LLC, a Delaware limited liability company Hilltop Residential, Ltd., a Florida limited partnership Lagoon Valley Residential, LLC, a California limited liability company LB/L-Duc III Antioch 333, LLC, a Delaware limited liability company Menifee Development, LLC, a California limited liability company Parcel NLV 3.4, LLC, a Nevada limited liability company Parcel NLV 4.1, LLC, a Nevada limited liability company Parcel NLV 5.1, LLC, a Nevada limited liability company Redwood Lofts, LLC, a California limited liability company Standard Pacific Investment Corp., a Delaware corporation Standard Pacific of Arizona, Inc., a Delaware corporation Standard Pacific of Central Florida, a Florida general partnership Standard Pacific of Colorado, Inc., a Delaware corporation Standard Pacific of Jacksonville, a Florida general partnership Standard Pacific of Las Vegas, Inc., a Delaware corporation Standard Pacific of Orange County, Inc., a Delaware corporation Standard Pacific of South Florida, a Florida general partnership Standard Pacific of Southwest Florida, a Florida general partnership Standard Pacific of Tampa, a Florida general partnership Standard Pacific of Texas, Inc., a Delaware corporation Standard Pacific of Tonner Hills, LLC, a Delaware limited liability company Standard Pacific of the ~~date first~~ Carolinas, LLC, a Delaware limited liability company Walnut Acquisition Partners, LLC, a California limited liability company By: /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxxx, in his capacity as Principal Financial and Accounting Officer and Treasurer of each of the above ~~written. PROTECTION ONE~~Guarantors which is a corporation, and in his capacity as Principal Financial and Accounting Officer of each general partner or managing member, as applicable, of each of the above Guarantors which is a partnership or limited liability company By: /s/ Xxxxx X. XxXxxxxx Xxxxx X. XxXxxxxx, in his capacity as Assistant Treasurer of each of the above Guarantors which is a corporation, and in his capacity as Assistant Treasurer of each general partner or managing member, as applicable, of each of the above Guarantors which is a partnership or limited liability company STANDARD PACIFIC OF COLORADO, INC., a Delaware corporation By: /s/ ~~XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive~~ Xxxxxxxx X. Xxxx Xxxxxxxx X. Xxxx Vice ~~President and Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Assistant Treasurer QuickLinks~~President

Appears in 1 contract

Samples: Term B Credit Agreement (Standard Pacific Corp /De/)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES TO FOLLOW.] SIGNATURE PAGE TO ~~SIXTH~~ FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, ~~WESTAR INDUSTRIES~~NATIONSBANK, ~~INC.~~N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first above written. PROTECTION ONE ALARM ~~MONITORING,~~ MONITORING INC., a Delaware corporation, as Borrower ~~By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer~~ SIGNATURE PAGE TO ~~SIXTH~~ FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, ~~WESTAR INDUSTRIES~~NATIONSBANK, ~~INC.~~N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN ~~EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES~~NATIONSBANK, ~~INC.~~N.A., as Administrative Agent and a Lender By: /s/ ~~XXXX~~ Xxxxxx X. ~~XXXXX~~ Xxxxxxxx ------------------------------------------- Name: Xxxxxx X. Xxxxxxxx ------------------------------------- Title: Senior Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN FIRST UNION NATIONAL BANK, as Syndication Agent and a Lender By: /s/ Xxxxxxx X. Xxxxxxxxxx --------------------------------------- Name: Xxxxxxx X. Xxxxxxxxxx ------------------------------------ Title: Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN TORONTO DOMINION (TEXAS) INC., as Documentation Agent and a Lender By: /s/ Xxxxx X. Xxxxxx --------------------------------------- Name: Xxxxx X. Xxxxxx ------------------------------------ Title: Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN XXXXXX XXXXXXX SENIOR FUNDING, INC., as a Lender By: /s/ Xxxxxxx Xxxx ----------------------------------------- Name: Xxxxxxx Xxxx ------------------------------------ Title: Principal ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN CHASE MANHATTAN BANK, as a Lender By: /s/ Xxxx X. Xxxxxxx ----------------------------------------- Name: Xxxx X. ~~Xxxxx~~ Xxxxxxx ------------------------------------ Title: Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN WESTDEUTSCHE LANDESBANK GIROZENTRALE, NEW YORK BRANCH, as a Lender By: /s/ Xxxxxx X. Puffy III ----------------------------------------- Name: Xxxxxx X. Puffy III ------------------------------------ Title: Associate ------------------------------------ By: /s/ Xxxx Xxxxxx ----------------------------------------- Name: Xxxx Xxxxxx ------------------------------------ Title: Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN THE FIRST NATIONAL BANK OF CHICAGO, as a Lender By: /s/ Xxxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxxx X. Xxxxxx ------------------------------------ Title: Assistant Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN UBS AG, STAMFORD BRANCH, as a Lender By: /s/ Xxxx X. Xxxxxxxx ----------------------------------------- Name: Xxxx X. Xxxxxxxx ------------------------------------ Title: Director ------------------------------------ By: /s/ Xxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxx X. Xxxxxx ------------------------------------ Title: Associate Director ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN XXXXXX BANK PLC, as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx ----------------------------------------- Name: Xxxxxxx X. Xxxxxxxx ------------------------------------ Title: Vice President ------------------------------------ By: /s/ Xxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxx X. Xxxxxx ------------------------------------ Title: Assistant Vice President ------------------------------------ SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, NATIONSBANK, N.A., AS ADMINISTRATIVE AGENT, THE SYNDICATION AGENT DEFINED THEREIN, THE DOCUMENTATION AGENT DEFINED THEREIN, AND THE LENDERS NAMED HEREIN GUARANTY FEDERAL BANK, F.S.B., as a Lender By: /s/ Xxxxxx X. Xxxx ----------------------------------------- Name: Xxxxxx X. Xxxx ------------------------------------ Title: Vice President ------------------------------------ To induce the Credit Parties to enter into this Amendment, each of the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery, (b) ratifies and confirms that all guaranties, assurances, and Liens, if any, granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future ~~Obligations~~ Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. ~~EXECUTED on and effective as of the date first above written.~~ PROTECTION ONE, INC., a Delaware corporation By: /s/ ~~XXXXXX XXXXX~~ Xxxx X. Xxxx III ----------------------------------------- Name: ~~Xxxxxx Xxxxx~~ Xxxx X. Xxxx III ------------------------------------ Title: Executive Vice President ~~and Chief Financial Officer~~ ------------------------------------ COMSEC/NARRAGANSETT SECURITY, INC., a Delaware corporation By: /s/ Xxxx X. Xxxx III ----------------------------------------- Name: Xxxx X. Xxxx III ------------------------------------ Title: Vice President ------------------------------------ NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ ~~XXXXXXX~~ Xxxx X. ~~XXXXX~~ Xxxx III ----------------------------------------- Name: ~~Xxxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxx III ------------------------------------ Title: ~~Assistant Treasurer QuickLinks~~Vice President ------------------------------------ PROTECTION ONE INTERNATIONAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxx III ----------------------------------------- Name: Xxxx X. Xxxx III ------------------------------------ Title: President ------------------------------------ PROTECTION ONE INVESTMENTS, INC., a Delaware corporation By: /s/ Xxxx X. Xxxx III ----------------------------------------- Name: Xxxx X. Xxxx III ------------------------------------ Title: President ------------------------------------ DSC ENTERPRISES, INC., a Maryland corporation

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. THE CREDIT AGREEMENT ~~AND THE OTHER LOAN DOCUMENTS,~~ AS AMENDED BY THIS AMENDMENT ~~AND THE OTHER AMENDMENT DOCUMENTS, REPRESENT~~ REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AS AMENDED BY THIS AMENDMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ~~SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN~~ EXECUTED ~~on and effective~~ as of the date first ~~above written~~stated above. ~~PROTECTION ONE ALARM MONITORING~~BORROWER: CIM URBAN PARTNERS, ~~INC.~~L.P., a Delaware ~~corporation~~limited partnership By: CIM URBAN PARTNERS GP, ~~as Borrower~~ LLC, a California limited liability company, its General Partner By: /s/ ~~XXXXXX XXXXX~~ Xxxxx Xxxxxxxx Name: ~~Xxxxxx~~ Xxxxx Xxxxxxxx Title: ~~Executive~~ Vice President and Chief Financial Officer ~~SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING~~Signature Page to CIM Urban Partners, ~~INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS~~ L.P. Second Amendment to Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, ~~AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES, INC.~~N.A., as Administrative Agent and a Lender By: /s/ ~~XXXX~~ Xxxxx X. ~~XXXXX~~ Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement LENDERS: JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx ~~X. Xxxxx~~ X Xxxxxx Title: Authorized Officer Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement KEYBANK, N.A., as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Assistant Vice President Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement To induce the Credit Parties to enter into this Amendment, ~~each of~~ the undersigned hereby consent and agree (a) ~~consents and agrees~~ to ~~the Amendment Documents'~~ its execution and ~~delivery~~delivery and terms and conditions thereof, (b) ~~ratifies and confirms~~ that ~~all guaranties~~this document in no way releases, ~~assurances~~diminishes, ~~and Liens~~impairs, ~~if any, granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced~~reduces, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such affects any guaranties, assurances, or ~~Liens)~~other obligations or undertakings of any of the undersigned under any Loan Documents, and (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives waive notice of acceptance of this ~~consent and agreement~~Amendment, which ~~consent and agreement~~ Amendment binds each of the undersigned and ~~its~~ their respective successors and permitted assigns and inures to the benefit of the Credit Parties and their respective successors and permitted assigns. ~~EXECUTED on and effective as of the date first above written. PROTECTION ONE~~CIM/J STREET HOTEL SACRAMENTO, ~~INC.~~L.P., a ~~Delaware corporation~~ California limited partnership By: CIM/J Street Hotel Sacramento GP, LLC, a California limited liability company, its General Partner By: /s/ ~~XXXXXX XXXXX~~ Xxxxx Xxxxxxxx Name: ~~Xxxxxx~~ Xxxxx Xxxxxxxx Title: ~~Executive~~ Vice President and Chief Financial Officer ~~NETWORK MULTI-FAMILY SECURITY CORPORATION~~CIM/OAKLAND 1 XXXXXX PLAZA, LP, a Delaware ~~corporation~~ limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ ~~XXXXXXX X. XXXXX~~ Xxxxx Xxxxxxxx Name: ~~Xxxxxxx X.~~ Xxxxx Xxxxxxxx Title: ~~Assistant Treasurer QuickLinks~~Vice President and Chief Financial Officer CIM/OAKLAND 2353 XXXXXXX, XX, a Delaware limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement CIM/OAKLAND CENTER 21, LP, a Delaware limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM/OAKLAND DOWNTOWN, L.P., a Delaware limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM URBAN REIT PROPERTIES I, L.P., a California limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM URBAN REIT PROPERTIES II, L.P., a California limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement CIM URBAN REIT PROPERTIES III, L.P., a Delaware limited partnership By: CIM Urban REIT XX XX, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM URBAN REIT PROPERTIES VIII, L.P., a Delaware limited partnership By: CIM Urban REIT Properties VIII GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM/OAKLAND 1333 BROADWAY, LP, a Delaware limited partnership By: CIM/OAKLAND 0000 Xxxxxxxx GP, LLC, a Delaware limited liability company, its general partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Signature Page to CIM Urban Partners, L.P. Second Amendment to Credit Agreement SCHEDULE 2.01 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, N.A. $ 85,000,000 42.5000000 % JPMorgan Chase Bank, N.A. $ 80,000,000 40.0000000 % KeyBank, N.A. $ 35,000,000 17.5000000 % Total $ 200,000,000 100.0000000 %

Appears in 1 contract

Samples: Credit Agreement (PMC Commercial Trust /Tx)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS ~~AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~SECOND AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ~~ORAL~~ AGREEMENTS BETWEEN THE PARTIES. SIGNATURE PAGE TO ~~SIXTH~~ SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT ~~AMONG PROTECTION ONE ALARM MONITORING~~BETWEEN INNKEEPERS USA TRUST, ~~INC.~~INNKEEPERS USA LIMITED PARTNERSHIP, ~~AS BORROWER~~BANK OF AMERICA, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation, as Borrower By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC.N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS ~~NAMED HEREIN~~ DEFINED THEREIN EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first ~~above written~~mentioned. ~~WESTAR INDUSTRIES~~INNKEEPERS USA TRUST, ~~INC.~~a Maryland real estate investment trust, as a Borrower By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx General Counsel and Secretary INNKEEPERS USA LIMITED PARTNERSHIP, a Virginia limited partnership, as a Borrower By: INNKEEPERS FINANCIAL CORPORATION, a Virginia corporation, General Partner By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Sectary SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent, Issuing Bank, and a Lender By: /s/ Rxxxx Xxxxx Rxxxx Xxxxx Structuring Specialist SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CREDIT LYONNAIS NEW YORK BRANCH, as Syndication Agent and a Lender By: ~~/s/ XXXX X. XXXXX~~ Name: ~~Xxxx X. Xxxxx~~ Title: ~~President~~ SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN FIRST UNION NATIONAL BANK, as a Lender By: Name: Title: SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN WXXXX FARGO BANK, N.A., as a Lender By: Name: Title: SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN PNC BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN To induce the Credit Parties to enter into this Second Amendment, ~~each of~~ the undersigned (a) ~~consents~~ consent and ~~agrees~~ agree to ~~the Amendment Documents'~~ this Second Amendment’s execution and delivery, (b) ~~ratifies~~ ratify and ~~confirms~~ confirm that all guaranties, assurances, and ~~Liens,~~ Liens (if any, ) granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by ~~the~~ this Second Amendment ~~Documents~~ and continue to guarantee, assure, and secure the full payment and performance of ~~all~~ the parties’ present and future ~~Obligations~~ Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) ~~agrees~~ agree to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and ~~Liens~~Liens (if any), and (d) ~~waives~~ waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and ~~its~~ their successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. ~~EXECUTED on~~ INNKEEPERS SUNRISE TINTON FALLS, L.P., a Virginia limited partnership By: INNKEEPERS FINANCIAL CORPORATION IV, a Virginia corporation By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and ~~effective as of the date first above written. PROTECTION ONE~~Secretary INNKEEPERS HAMPTON NORCROSS, L.P., a Virginia limited partnership By: INNKEEPERS HAMPTON NORCROSS, INC., a ~~Delaware~~ Virginia corporation By: /s/ ~~XXXXXX XXXXX Name:~~ Mxxx Xxxxxx ~~Xxxxx Title: Executive~~ Mxxx Xxxxxx Vice President and ~~Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION~~Secretary SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN INNKEEPERS RESIDENCE PORTLAND, L.P., a ~~Delaware~~ Virginia limited partnership By: INNKEEPERS RESIDENCE PORTLAND, INC., a Virginia corporation By: /s/ ~~XXXXXXX X. XXXXX Name~~Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Secretary INNKEEPERS RESIDENCE EDEN PRAIRIE, L.P., a Virginia limited partnership By: ~~Xxxxxxx X. Xxxxx Title~~INNKEEPERS RESIDENCE EDEN PRAIRIE, INC., a Virginia corporation By: ~~Assistant Treasurer QuickLinks~~/s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Secretary INNKEEPERS RI GENERAL, L.P., a Virginia limited partnership By: INNKEEPERS RI GENERAL, INC., a Virginia corporation By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Secretary SIGNATURE PAGE TO SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN INNKEEPERS RESIDENCE EAST LANSING,L.P., a Virginia limited partnership By: INNKEEPERS RESIDENCE EAST LANSING, INC., a Virginia corporation By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Secretary INNKEEPERS RESIDENCE GRAND RAPIDS, L.P., a Virginia limited partnership By: INNKEEPERS RESIDENCE GRAND RAPIDS, INC., a Virginia corporation By: /s/ Mxxx Xxxxxx Mxxx Xxxxxx Vice President and Secretary SCHEDULE 8.15 UNSECURED AND RECOURSE DEBT

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

Appears in 1 contract

Samples: Revolving Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

ENTIRETIES. ~~THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS~~The Credit Agreement and the other Loan Documents, ~~AS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~as amended by this Amendment, ~~REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR~~represent the final agreement between the parties about the subject matter of the Credit Agreement and may not be contradicted by evidence of prior, ~~CONTEMPORANEOUS~~contemporaneous, ~~OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES~~or subsequent oral agreements of the parties. ~~THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES~~There are no unwritten oral agreements between the parties. ~~SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN~~ Fourth Amendment to Centex Credit Agreement EXECUTED ~~on and effective~~ as of the first date ~~first above written~~written above. ~~PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation~~CENTEX CORPORATION, as Borrower By: /s/ ~~XXXXXX XXXXX~~ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: VP & Treasurer Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein BANK OF AMERICA, N.A., as Administrative Agent, an L/C/ Issuer, and as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein JPMORGAN CHASE BANK, N.A., as Co-Syndication Agent, as an L/C issuer, and as a Lender By: /s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE ROYAL BANK OF SCOTLAND PLC, as Co-Syndication Agent and as a Lender By: /s/ Xxxxxxx XxXxxxx Name: Xxxxxxx XxXxxxx Title: Senior Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein CITICORP NORTH AMERICA, INC., as Co-Documentation Agent and as a Lender By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Director Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein BNP PARIBAS, as Senior Managing Agent, as an L/C/ Issuer, and as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein CALYON NEW YORK BRANCH, as Senior Managing Agent and as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: ~~Executive Vice President~~ Managing Director By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director Centex Corporation, Bank of America, N.A., as Administrative Agent, and ~~Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT~~ the Lenders Defined Therein SUNTRUST BANK, as Managing Agent, as an L/C/ Issuer, and as a Lender By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Director Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE BANK OF ~~CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING~~TOYKO-MITSUBISHI UFJ, ~~INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT, AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES, INC~~LTD., as Senior Managing Agent and as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP & Manager Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein LLOYDS TSB BANK PLC, as Managing Agent and as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Assistant Vice President By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Vice President & Manager Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein BARCLAYS BANK PLC, as Senior Managing Agent and a Lender By: /s/ ~~XXXX~~ Xxxxxxxx X. ~~XXXXX~~ Xxxx Name: Xxxxxxxx X. Xxxx Title: Director Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Senior Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein UBS LOAN FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: ~~President To induce the Credit Parties to enter into this Amendment~~Associate Director Centex Corporation, ~~each~~ Bank of ~~the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery~~America, ~~(b) ratifies and confirms that all guaranties~~N.A., ~~assurances~~as Administrative Agent, and ~~Liens, if any, granted, conveyed, or assigned to~~ the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EXECUTED on and effective as of the date first above written. PROTECTION ONE, INC.Lenders Defined Therein CITY NATIONAL BANK, a ~~Delaware corporation~~ national banking association, as a Lender By: /s/ ~~XXXXXX XXXXX~~ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE NORTHERN TRUST COMPANY, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: ~~Executive~~ Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and ~~Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION~~the Lenders Defined Therein US BANK NATIONAL ASSOCIATION, as a ~~Delaware corporation~~ Lender By: /s/ ~~XXXXXXX~~ Xxxxxxx X. ~~XXXXX~~ Xxxx Name: Xxxxxxx X. Xxxx Title: Banking Officer Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein UNICREDIT, formerly known as Banca Di Roma – New York Branch, as a Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: First Vice President By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein COMPASS BANK, as a Lender By: /s/ Xxxxxxxxx Xxx Name: Xxxxxxxxx Xxx Title: Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein XXXXXXX XXXXX BANK USA, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: ~~Assistant Treasurer QuickLinks~~First Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein NATIXIS, NEW YORK BRANCH (fka NATEXIS BANQUES POPULAIRES, as a Lender By: /s/ Xxxxx-Xxxxx Dugény Name: Xxxxx-Xxxxx Dugény Title: Managing Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Associate Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein FIRST HAWAIIAN BANK, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein FIFTH THIRD BANK, as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein SOCIETE GENERALE, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Director Signature Page to Fourth Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein REVISED SCHEDULE 2.1 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, N.A. $55,155,875.24 11.031175062% JPMorgan Chase Bank, N.A. $58,752,997.60 11.750599520% Royal Bank of Scotland plc $44,364,508.40 8.872901679% Citicorp North America, Inc. $44,364,508.40 8.872901679% BNP Paribas $25,779,376.50 5.155875300% Calyon New York Branch $29,376,498.80 5.875299760% The Bank of Tokyo-Mitsubishi, Ltd. $29,376,498.80 5.875299760% Barclays Bank plc $29,376,498.80 5.875299760% Suntrust Bank $21,582,733.81 4.316546762% Lloyds TSB Bank, plc $21,582,733.81 4.316546762% Wachovia Bank, National Association $21,582,733.81 4.316546762% Comerica Bank $17,985,611.51 3.597122302% PNC Bank, National Association $11,990,407.68 2.398081535% UBS Loan Finance LLC $11,990,407.68 2.398081535% Xxxxxxx Xxxxx Bank USA $11,990,407.68 2.398081535% City National Bank $7,194,244.61 1.438848921% The Northern Trust Company $7,194,244.61 1.438848921% US Bank National Association $7,194,244.61 1.438848921% UniCredit Banca di Roma $5,995,203.84 1.199040767% Compass Bank $7,194,244.61 1.438848921% Fifth Third Bank $5,995,203.84 1.199040767% Natexis Banques Populaires $8,393,285.37 1.678657074% Societe Generale $5,995,203.84 1.199040767% First Hawaiian Bank $3,597,122.31 0.719424461% Keybank National Association $5,995,203.84 1.199040767% Total $500,000,000 100.000000000% Revised Schedule 2.1 to Centex Fourth Amendment

Appears in 1 contract

Samples: Credit Agreement (Centex Corp)

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS ~~AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [Remainder of Page Intentionally Left Blank; Signature Pages to Follow] FIRST AMENDMENT OF CREDIT AGREEMENT 5 SIGNATURE PAGE TO ~~SIXTH~~ THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG ~~PROTECTION ONE ALARM MONITORING, INC.~~CENTEX CORPORATION, AS BORROWER, ~~WESTAR INDUSTRIES~~EACH LENDER THAT IS A PARTY THERETO, ~~INC.~~AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND ~~THE LENDERS NAMED HEREIN~~ AS A LENDER EXECUTED ~~on and effective~~ as of the first date ~~first above written~~written above. ~~PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation~~CENTEX CORPORATION, as Borrower By: /s/ ~~XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer~~ Vicki A. Roberts --------------------------- Vicki A. Roberts Xxxx Xxxxxxxxx SIGNATURE PAGE TO ~~SIXTH~~ CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG ~~PROTECTION ONE ALARM MONITORING, INC.~~CENTEX CORPORATION, AS BORROWER, ~~WESTAR INDUSTRIES~~EACH LENDER THAT IS A PARTY THERETO, ~~INC.~~AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE ~~AGENT~~AGENT AND AS A LENDER BANK OF AMERICA, ~~AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES, INC.~~N.A., as Administrative Agent and as a Lender By: /s/ ~~XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: President To induce the Credit Parties to enter into this Amendment~~Mark Lariviere ------------------------------------ Mark Lariviere Managing Xxxxxxxx SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, ~~each of the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery~~AS BORROWER, ~~(b) ratifies and confirms that all guaranties~~EACH LENDER THAT IS A PARTY THERETO, ~~assurances~~AND BANK OF AMERICA, ~~and Liens~~N.A., ~~if any~~AS ADMINISTRATIVE AGENT AND AS A LENDER THE BANK OF TOKYO-MITSUBISHI, granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assignsLTD. ~~EXECUTED on and effective as of the date first above written. PROTECTION ONE, INC., a Delaware corporation~~ By: /s/ ~~XXXXXX XXXXX~~ Joe M. Mearns -------------------------------- Name: ~~Xxxxxx Xxxxx~~ Joe M. Mearns -------------------------- Title: ~~Executive Vice President and Chief Financial Officer NETWORK MULTI-FAMILY SECURITY~~ V.P. & Manager -------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, ~~a Delaware corporation~~ AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER BANK ONE, NA By: /s/ ~~XXXXXXX X. XXXXX~~ Mark Kramer -------------------------- Name: ~~Xxxxxxx X. Xxxxx~~ Mark Kramer ------------------- Title: Director ------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER JPMORGAN CHASE BANK (formerly known as The Chase Manhattan Bank) By: /s/ Allen K. King -------------------------------------- Name: Allen K. King -------------------------------- Title: Vice President JPMorgan Chase Bank -------------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER CITIBANK, N.A. By: /s/ Michael Chlopak ------------------------------ Name: Michael Chlopak ------------------------ Title: V. P. ------------------------ SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER COMERICA BANK By: /s/ Casey L. Ostrander -------------------------------- Name: Casey L. Ostrander --------------------------- Title: Assistant ~~Treasurer QuickLinks~~Vice President ------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER CREDIT LYONNAIS NEW YORK BRANCH By: /s/ Attila Koc ----------------------------------- Name: Attila Koc ------------------------------ Title: Senior Vice President ----------------------------- By: ----------------------------------- Name: ------------------------------ Title: ----------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER THE FROST NATIONAL BANK By: /s/ Stephen S. Martin ------------------------------- Name: Stephen S. Martin ------------------------- Title: Assistant Vice President ------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER NATIONAL WESTMINSTER BANK PLC, NEW YORK BRANCH By: /s/ Maria Amaral-LeBlanc ------------------------------- Name: Maria Amaral-LeBlanc ----------------------- Title: Vice President ----------------------- NATIONAL WESTMINSTER BANK PLC, NASSAU BRANCH By: /s/ Maria Amaral-LeBlanc ------------------------------- Name: Maria Amaral-LeBlanc ----------------------- Title: Vice President ----------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER PNC BANK, NATIONAL ASSOCIATION By: /s/ Douglas G. Paul ---------------------------------- Name: Douglas G. Paul ---------------------------- Title: Senior Vice President ---------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER UBS AG, STAMFORD BRANCH By: /s/ Patricia O'Kickl ----------------------------- Name: Patricia O'Kickl ----------------------- Title: Director, Banking Products Services ----------------------- By: /s/ Thomas R. Salzano ----------------------------- Name: Thomas R. Salzano ----------------------- Title: Director, Banking Products Services, US ----------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SIGNATURE PAGE TO THAT CERTAIN FIRST AMENDMENT OF CREDIT AGREEMENT AMONG CENTEX CORPORATION, AS BORROWER, EACH LENDER THAT IS A PARTY THERETO, AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS A LENDER CREDIT SUISSE FIRST BOSTON By: /s/ Bill O'Daly /s/ Kristin Lepri ---------------------------------------- Name: Bill O'Daly Kristin Lepri --------------------------------- Title: Director Associate --------------------------------- SIGNATURE PAGE TO CENTEX FIRST AMENDMENT SCHEDULE 2.1 LENDERS AND COMMITMENTS; ADDRESSES FOR NOTICE NAME AND ADDRESS OF LENDERS COMMITMENT PRO RATA PART --------------------------- ---------- ------------- BANK OF AMERICA, N.A. $115,000,000.00 19.16667% Attn: Mark Lariviere, Managing Director IL1-231-12-18 231 South LaSalle Stxxxx, 00xx Xxxor Chicago, IL 60697 (312) 828-2500 XXX XXXX XX XXXXX - XXXXXXXXXX, $ 20,000,000.00 3.33333% LTD. HOUSTON AGENCY Attn: John M. Mearns, Vice President & Manager 2001 Ross Avenue Suite 3150, XX 000 Xxxxxs, TX 75201 (214) 954-1200 x 000 XXXX XXX, NA $ 50,000,000.00 8.33333% Attn: Mark Kramer, Managing Director One Bank One Plaza Suite 0315 Chicago, XX 00000 (312) 336-2212 JP MXXXXX XXXXX XXXX (xxxxxxxx xxxxx xx Xxx Xxxxx Xaxxxxxxx Xxxx) $ 05,000,000.00 12.50000% Attn: Allen King, Vice President 2200 Ross Avenue, 3rd Floor Dallas, TX 75000 (000) 965-2705 CITIBANX X.X. $ 75,000,000.00 12.50000% Attn: Michael Chlopak Salomon Smith Barney 390 Greenwich Street, 1st Floor Xxx Xxxx, XX 00000 (000) 000-0000 XXXXXXXX 0.0 XXXX XXX XXXXXXX XF XXXXXXX COMMITMENT PRO RATA PART --------------------------- ---------- ------------- COMERICA BANK $ 35,000,000.00 5.83333% Attn: Casey L. Ostrander, Account Representative 500 Woodward Avenue MC 3200 Xxxxxxx, XX 00026 (313) 222-5286 CREDIX XXXXXXXX XXX XXXX BRANCH $ 50,000,000.00 8.33333% Attn: Robert Smith 2200 Ross Avenue Suite 4400 West Dallas, TX 75201 (214) 000-0000

Appears in 1 contract

Samples: Credit Agreement (Centex Development Co Lp)

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS ~~AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ~~ORAL~~ AGREEMENTS BETWEEN THE PARTIES. [Remainder of Page Intentionally Left Blank; Signature Pages to Follow.] Fifth Amendment SIGNATURE PAGE TO ~~SIXTH~~ FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT ~~AMONG PROTECTION ONE ALARM MONITORING,~~ BETWEEN ALAMO GROUP INC., ~~AS BORROWER~~BANK OF AMERICA, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation, as Borrower By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC.N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS ~~NAMED HEREIN~~ DEFINED THEREIN EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first ~~above written~~mentioned. ~~WESTAR INDUSTRIES,~~ ALAMO GROUP INC., a Delaware corporation By: Rxxxxx X. Xxxxxx Vice President SIGNATURE PAGE TO FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent ~~and~~ By: Sxxxxxx Xxxx, Vice President SIGNATURE PAGE TO FIFTH AMENDMENT OF REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as a Lender By: ~~/s/ XXXX X. XXXXX~~ Sxxxx Xxxxxx, Vice President SIGNATURE PAGE TO FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN JX XXXXXX CHASE BANK, as a Lender By: Jxxxxxxx Xxxxxxx, Vice President SIGNATURE PAGE TO FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN GUARANTY BANK, as a Lender By: Mxxx XxXxxxxxx, Senior Vice President SIGNATURE PAGE TO FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland", New York Branch, as a Lender By: Name: ~~Xxxx X. Xxxxx~~ Title: ~~President~~ By: Name: Title: SIGNATURE PAGE TO FIFTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN To induce the ~~Credit Parties~~ Administrative Agent and Lenders to enter into this Amendment, each of the undersigned (a) ~~consents~~ consent and ~~agrees~~ agree to ~~the Amendment Documents'~~ this Amendment's execution and delivery, (b) ~~ratifies~~ ratify and ~~confirms~~ confirm that all guaranties, assurances, and ~~Liens,~~ Liens (if any, ) granted, conveyed, or assigned to ~~the Credit Parties~~ Administrative Agent on behalf of Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by ~~the~~ this Amendment ~~Documents~~ and continue to guarantee, assure, and secure the full payment and performance of all present and future ~~Obligations~~ Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) ~~agrees~~ agree to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as ~~the Credit Parties~~ Administrative Agent may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and ~~Liens~~Liens (if any), and (d) ~~waives~~ waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and ~~its~~ their successors and permitted assigns and inures to ~~the Credit Parties~~ Administrative Agent, Lenders, and their respective successors and permitted assigns. ~~EXECUTED on and effective as of the date first above written. PROTECTION ONE~~ALAMO CAPITAL LLC, successor in interest by conversion to Alamo Capital, Inc., ALAMO GROUP (TX) L.P., a Nevada limited liability company a Delaware limited partnership By: By: Alamo Group Holdings, LLC, Rxxxxx X. Xxxxxx a Delaware limited liability company, Vice President - Administration its General Partner ALAMO GROUP (IA) INC., By: a Nevada corporation Rxxxxx X. Xxxxxx Vice President - Administration By: Rxxxxx X. Gxxxxx XXXXX GROUP (USA) INC., Vice President - Administration a Delaware corporation ALAMO GROUP (KS) INC., By: a Kansas corporation Rxxxxx X. Xxxxxx Vice President - Administration By: Rxxxxx X. Gxxxxx XXXXX GROUP HOLDINGS, L.L.C., Vice President - Administration a Delaware limited liability company ALAMO GROUP (SMC) INC., By: a Nevada corporation Rxxxxx X. Xxxxxx Vice President - Administration By: Rxxxxx X. Xxxxxx Vice President - Administration ALAMO SALES CORP., HXXXXXXX‑AXXXX INC., a Delaware corporation a Nevada corporation By: By: Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice President - Administration Vice President - Administration ALAMO GROUP (IL) INC., SXXXXXX (USA) INC., f/k/a M&W Gear Company, a Delaware corporation a Florida corporation By: By: Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice President ‑ Administration Vice President - Administration SCHWARZE INDUSTRIES, INC., TIGER CORPORATION, an Alabama corporation a Nevada corporation By: By: Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice President - Administration Vice President ‑ Administration ALAMO GROUP SERVICES, INC., GRADALL INDUSTRIES, INC., a Delaware corporation ~~By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION~~formerly known as Alamo Group (OH) Inc., a Delaware corporation By: ~~/s/ XXXXXXX~~ By: Rxxxxx X. ~~XXXXX~~ Xxxxxx Name: ~~Xxxxxxx X. Xxxxx~~ Vice President - Administration Title: ~~Assistant Treasurer QuickLinks~~VACALL INDUSTRIES, INC., f/k/a Alamo Group (AL) Inc., a Delaware corporation NP REAL ESTATE Inc., an Ohio corporation By: By: Name: Name: Title: Title: NIGHT-HAWK SWEEPERS, LLC, a Washington limited liability company HXXXX MANUFACTURING CORPORATION, a Kansas corporation By: By: Name: Name: Title: Title: EXHIBIT A AMENDMENT DOCUMENTS Amendment; BofA Note; JP Note; Guaranty Note; Rabobank Note; Joinder Certificate executed by Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland", New York Branch; Officer's Certificate of Borrower certifying as to (a) the constituent documents of Borrower, (b) the incumbency of the officer's of Borrower authorized to execute the Amendment Documents, and (c) resolutions of the Board of Directors of Borrower authorizing the Amendment Documents; Officer's Certificates for VacAll Industries, Inc., Nite-Hawk Sweepers, LLC, Hxxxx Manufacturing Corporation, and Alamo Capital, LLC, each certifying as to (a) the constituent documents of such Person, (b) the incumbency of the officer's of such Person authorized to execute the Amendment Documents, and (c) resolutions of the Board of Directors (or equivalent governing body) of such Person authorizing the Amendment Documents; Guaranty Agreements executed by each of VacAll Industries, Inc., Nite-Hawk Sweepers, LLC, Hxxxx Manufacturing Corporation, and Alamo Capital, LLC. a Certificate of Existence and Good Standing for Borrower, VacAll Industries, Inc., Nite-Hawk Sweepers, LLC, Hxxxx Manufacturing Corporation, and Alamo Capital, LLC, each issued by the Secretary of State of the State of formation of each such Person, as of a date that is not more than thirty (30) days prior to the date of this Amendment; Such other items and documents as Administrative Agent and Lenders shall reasonably request EXHIBIT A EXHIBIT J COMPLIANCE CERTIFICATE Date: Bank of America, N.A. 300 Xxxxxxx Xxxxxx Post Oxxxxx Xxx 000 Xxx Xxxxxxx, Xxxxx 00000 Attn: Sxxxx Xxxxxx, Vice President This Certificate is delivered to you pursuant to that certain Amended and Restated Revolving Credit Agreement (the "Loan Agreement"), dated August 25, 2004, by and between Bank of America, as Administrative Agent for the Lenders, the Lenders and Alamo Group Inc. (the "Company") and the subsidiaries of the Company named therein as members of the "Obligated Group." All capitalized terms not otherwise defined shall have the meaning assigned to them in the Loan Agreement. As of the date of this Certificate, the Company certifies to Lenders the following:

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

ENTIRETIES. THE REVOLVING CREDIT ~~AGREEMENT~~ AGREEMENT, THE TERM A CREDIT AGREEMENT, AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS ~~AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS~~AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE REVOLVING CREDIT AGREEMENT AND THE TERM A CREDIT AGREEMENT, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS ~~BETWEEN~~ AMONG THE PARTIES. SIGNATURE PAGE TO ~~SIXTH~~ FIFTH AMENDMENT OF TO REVOLVING CREDIT AGREEMENT ~~AMONG PROTECTION ONE ALARM MONITORING, INC~~AND FOURTH AMENDMENT TO TERM LOAN A CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, ~~WESTAR INDUSTRIES~~BANK OF AMERICA, ~~INC.~~N.A., AS REVOLVER ADMINISTRATIVE ~~AGENT~~ AGENT, BANK OF AMERICA, N.A., AS TERM ADMINISTRATIVE AGENT, THE REVOLVER LENDERS PARTY HERETO, AND THE TERM A LENDERS ~~NAMED HEREIN~~ PARTY HERETO EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first ~~above written~~mentioned. PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation, as Borrower By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO SIXTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, INC., AS BORROWER, WESTAR INDUSTRIES, INC., AS ADMINISTRATIVE AGENT, AND THE LENDERS NAMED HEREIN EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES, INC., as Administrative Agent and a Lender By: /s/ XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: President To induce the Credit Parties to enter into this Amendment, each of the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery, (b) ratifies and confirms that all guaranties, assurances, and Liens, if any, granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EXECUTED on and effective as of the date first above written. PROTECTION ONE, INCSTANDARD PACIFIC CORP., a Delaware corporation By: /s/ ~~XXXXXX XXXXX Name:~~ Xxxxxx ~~Xxxxx Title:~~ X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice ~~President~~ President-Finance and Chief Financial Officer ~~NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation~~ By: /s/ ~~XXXXXXX~~ Xxxxx X. ~~XXXXX~~ XxXxxxxx Xxxxx X. XxXxxxxx Senior Vice President and Treasurer SIGNATURE PAGE TO FIFTH AMENDMENT TO REVOLVING CREDIT AGREEMENT AND FOURTH AMENDMENT TO TERM LOAN A CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS REVOLVER ADMINISTRATIVE AGENT, BANK OF AMERICA, N.A., AS TERM ADMINISTRATIVE AGENT, THE REVOLVER LENDERS PARTY HERETO, AND THE TERM A LENDERS PARTY HERETO BANK OF AMERICA, N.A., as Revolver Administrative Agent By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx ~~X. Xxxxx~~ Title: ~~Assistant Treasurer QuickLinks~~Senior Vice President BANK OF AMERICA, N.A., as Term Administrative Agent By: /s/ Xxxx Xxxxxxx

Appears in 1 contract

Samples: Credit Agreement (Standard Pacific Corp /De/)

Appears in 1 contract

Samples: Revolving Credit Agreement (Alamo Group Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Appears in 1 contract

Samples: Credit Agreement (Protection One Inc)

ENTIRETIES. ~~THE CREDIT AGREEMENT~~ The Credit Agreement AND THE OTHER ~~LOAN DOCUMENTS~~Loan Documents, AS AMENDED BY THIS ~~AMENDMENT~~ Amendment AND THE OTHER ~~AMENDMENT~~ Amendment DOCUMENTS, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE ~~CREDIT AGREEMENT~~ Credit Agreement AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. ~~THERE~~ There ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. SIGNATURE PAGE TO ~~SIXTH~~ FIRST AMENDMENT OF CREDIT AGREEMENT ~~AMONG PROTECTION ONE ALARM MONITORING~~BETWEEN PRENTISS PROPERTIES ACQUISITION PARTNERS, ~~INC.~~L.P., ~~AS BORROWER~~BANX XXX, ~~WESTAR INDUSTRIES~~XEXAS, ~~INC.~~N.A., AS ADMINISTRATIVE ~~AGENT~~ AGENT, THE CO-DOCUMENTATION AGENTS DEFINED THEREIN, AND THE LENDERS ~~NAMED HEREIN~~ DEFINED THEREIN EXECUTED ~~on and effective~~ as of the ~~date~~ day and year first ~~above written~~mentioned. ~~PROTECTION ONE ALARM MONITORING~~PRENTISS PROPERTIES ACQUISITION PARTNERS, ~~INC.~~L.P., a Delaware ~~corporation~~limited partnership, as Borrower By: PRENTISS PROPERTIES I, INC., Gexxxxx Xxrtner By: /s/ ~~XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Executive~~ Richard C. Bower --------------------------------------- Richard C. Bower Vice ~~President and Chief Financial Officer~~ Presixxxx SIGNATURE PAGE TO ~~SIXTH~~ FIRST AMENDMENT OF CREDIT AGREEMENT ~~AMONG PROTECTION ONE ALARM MONITORING~~BETWEEN PRENTISS PROPERTIES ACQUISITION PARTNERS, ~~INC.~~L.P., ~~AS BORROWER~~BANX XXX, ~~WESTAR INDUSTRIES~~XEXAS, ~~INC.~~N.A., AS ADMINISTRATIVE AGENT, THE CO-DOCUMENTATION AGENTS DEFINED THEREIN, AND THE LENDERS ~~NAMED HEREIN EXECUTED on and effective as of the date first above written. WESTAR INDUSTRIES~~DEFINED THEREIN BANK ONE, ~~INC.~~TEXAS, N.A., as Administrative Agent and a Lender By: /s/ ~~XXXX X. XXXXX~~ Roderick Washington ------------------------------------------------ Name: ~~Xxxx X. Xxxxx~~ Roderick Washington Title: ~~President~~ Firsx Xxxx Xxxxxxxxx SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT BETWEEN PRENTISS PROPERTIES ACQUISITION PARTNERS, L.P., BANX XXX, XEXAS, N.A., AS ADMINISTRATIVE AGENT, THE CO-DOCUMENTATION AGENTS DEFINED THEREIN, AND THE LENDERS DEFINED THEREIN MELLON BANK, N.A., as a Co-Documentation Agent and a Lender By: /s/ David W. Tetrick ------------------------------------------------ Name: David W. Tetrick Title: Vice Pxxxxxxxx SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT BETWEEN PRENTISS PROPERTIES ACQUISITION PARTNERS, L.P., BANX XXX, XEXAS, N.A., AS ADMINISTRATIVE AGENT, THE CO-DOCUMENTATION AGENTS DEFINED THEREIN, AND THE LENDERS DEFINED THEREIN UNION BANK OF CALIFORNIA, N.A., as a Co-Documentation Agent and a Lender By: /s/ Kevin Jordan ------------------------------------------------ Name: Kevin Jordan Title: Vice Presxxxxx To induce the Credit Parties to enter into this Amendment, ~~each of~~ the undersigned (a) consents and agrees to the Amendment Documents' execution and delivery, (b) ratifies and confirms that all guaranties, assurances, and ~~Liens, if any,~~ Liens granted, conveyed, or assigned to the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment Documents and continue to guarantee, assure, and secure the full payment and performance of all present and future ~~Obligations~~ Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agrees to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waives notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and its successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. ~~EXECUTED on and effective as of the date first above written. PROTECTION ONE, INC.~~PRENTISS PROPERTIES TRUST, a ~~Delaware corporation~~ Maryland real estate investment trust By: /s/ ~~XXXXXX XXXXX~~ Michael A. Ernst ------------------------------------------------ Name: ~~Xxxxxx Xxxxx~~ Michael A. Ernst Title: ~~Executive Vice President and~~ Seniox Xxxx Xxxxxxxxx Chief Financial ~~Officer NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Assistant Treasurer QuickLinks~~Officer

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Common use of ENTIRETIES Clause in Contracts