Common use of ENTIRETIES Clause in Contracts

ENTIRETIES. THE CREDIT AGREEMENT AS AMENDED BY THIS AMENDMENT 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. EXECUTED, as of the date first stated above. By: Highwoods Properties, Inc., its general partner By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Executive Vice President, General Counsel and Secretary By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Executive Vice President, General Counsel and Secretary BANK OF AMERICA, N.A., as the Administrative Agent By: /s/ Authorized Signatory Name: Title: BANK OF AMERICA, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: PNC BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: TRUIST BANK, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: U.S. BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: JPMORGAN CHASE BANK, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title:

Appears in 3 contracts

Sources: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)

ENTIRETIES. THE CREDIT AGREEMENT AS AMENDED BY THIS AMENDMENT 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 PRIORThe Credit Agreement as amended by this Amendment 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, CONTEMPORANEOUScontemporaneous, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIESor subsequent oral agreements of the parties. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIESThere are no unwritten oral agreements between the parties. EXECUTED, EXECUTED as of the date first stated above. By: Highwoods Properties▇▇▇▇▇▇▇ INDUSTRIAL REALTY, Inc.INC., a Maryland corporation its general partner General Partner By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Co-Chief Executive Officer By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Co-Chief Executive Vice PresidentOfficer ▇▇▇▇▇▇▇ INDUSTRIAL REALTY, General Counsel and Secretary INC., a Maryland corporation By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Co-Chief Executive Officer By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Co-Chief Executive Vice President, General Counsel and Secretary Officer BANK OF AMERICA, N.A., as the Administrative Agent By: /s/ Authorized Signatory ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: SVP BANK OF AMERICA, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: SVP JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Officer PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATIONASSOCIATION N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: PNC BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory ▇▇▇▇▇ ▇. Stacker Name: ▇▇▇▇▇ ▇. Stacker Title: TRUIST BANKSenior Vice President CITIBANK, in its capacity N.A., as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President U.S. BANK, BANK NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory ▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇ Title: JPMORGAN CHASE BANK, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title:Vice President

Appears in 1 contract

Sources: Credit Agreement (Rexford Industrial Realty, Inc.)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS AMENDMENT REPRESENTS AGREEMENT, REPRESENT 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. EXECUTED, First Amendment to Credit Agreement 7 EXECUTED as of the date day and year first stated abovementioned. By: Highwoods PropertiesINNKEEPERS USA TRUST, Inc.a Maryland real estate investment trust, its general partner as a Borrower By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 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/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Vice President and Secretary ▇▇▇▇▇ FARGO BANK, N.A., as Administrative Agent and a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, III Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, III Title: Vice President CALYON NEW YORK BRANCH, as a Lender and Syndication Agent By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President, General Counsel and Secretary Managing Director By: /s/ ▇▇▇▇▇▇▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇. ▇▇▇▇▇▇ Title: Executive Vice PresidentManaging Director WACHOVIA BANK, General Counsel and Secretary BANK OF AMERICA, N.A.NATIONAL ASSOCIATION, as the Administrative a Lender and Syndication Agent By: /s/ Authorized Signatory ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: BANK OF AMERICAVice President PNC BANK, N.A.NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer Documentation Agent By: /s/ Authorized Signatory ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: ▇▇▇▇▇▇▇▇▇ Title: PNC BANKSenior Vice President To induce Administrative Agent and Lenders to enter into this Amendment, NATIONAL ASSOCIATIONthe undersigned jointly and severally (a) consent and agree to the Amendment’s execution and delivery, (b) ratify and confirm that all guaranties, assurances, and liens granted, conveyed, or assigned to Administrative Agent and Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligation, (c) 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 Administrative Agent may reasonably deem necessary or appropriate in its capacity as a Revolving Credit Lenderorder to create, Term A-1 Lender perfect, preserve, and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: TRUIST BANKprotect those guaranties, in its capacity as a Revolving Credit Lenderassurances, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: U.S. BANKliens, NATIONAL ASSOCIATIONand (d) waive notice of acceptance of this consent and agreement, in its capacity as a Revolving Credit Lender, Term A-1 Lender which consent and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: JPMORGAN CHASE BANK, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender agreement binds the undersigned and Term A-2 Lender By: /s/ Authorized Signatory Name: Title:their successors and permitted assigns and inures to the Administrative Agent and Lenders and their respective successors and permitted assigns.

Appears in 1 contract

Sources: Credit Agreement (Innkeepers Usa Trust/Fl)

ENTIRETIES. THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS AMENDMENT REPRESENTS AND THE OTHER AMENDMENT DOCUMENTS, REPRESENT 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. EXECUTEDSIGNATURE PAGE TO SEVENTH 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 stated aboveabove written. PROTECTION ONE ALARM MONITORING, INC., a Delaware corporation, as Borrower By: Highwoods Properties/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ ------------------- Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer SIGNATURE PAGE TO SEVENTH AMENDMENT OF CREDIT AGREEMENT AMONG PROTECTION ONE ALARM MONITORING, Inc.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/ ▇▇▇▇ ▇. ▇▇▇▇▇ -------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇ 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 general partner 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/ ▇▇▇▇▇▇ ▇▇▇▇▇ -------------------- Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Executive Vice President and Chief Financial Officer NETWORK MULTI-FAMILY SECURITY CORPORATION, a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇----------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Executive Vice PresidentAssistant Treasurer SCHEDULE 2.1 PARTIES, General Counsel and Secretary By: /s/ ADDRESSES, COMMITMENTS, AND WIRING INFORMATION ================================================================ ============= BORROWER ================================================================ ============= Protection One Alarm Monitoring, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy No. (▇▇▇) ▇▇▇-▇▇▇▇ ================================================================ ============= ADMINISTRATIVE AGENT ================================================================ ============= Westar Industries, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy No. (▇▇▇) ▇▇▇-▇▇▇▇ NameWiring Instructions: Bank of America, Dallas, Texas ABA # ▇▇▇▇▇▇▇▇▇ Account Number: 3750912584 Reference: Protection One Alarm Monitoring, Inc. Attention: ▇▇▇▇ ▇▇▇▇ ================================================================ ============= =========================== ====================== ========================= LENDERS COMMITTED SUM PRO RATA PART OF THE COMMITMENTS =========================== ====================== ========================= Westar Industries, Inc. $180,000,000(1) 100% ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy No. (▇▇▇) ▇▇▇-▇▇▇▇ TitleWiring Instructions: Executive Vice PresidentBank of America, General Counsel and Secretary BANK OF AMERICADallas, N.A., as the Administrative Agent By: /s/ Authorized Signatory Name: Title: BANK OF AMERICA, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: Texas ABA # ▇▇▇▇▇▇▇▇▇ FARGO BANKAccount No.: 3750912584 Reference: Protection One Alarm Monitoring, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender Inc. Attention: ▇▇▇▇ ▇▇▇▇ -------------------------------------------------- --------------------------- (1) Including increase previously requested by Borrower and L/C Issuer By: /s/ Authorized Signatory Name: Title: PNC BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: TRUIST BANK, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: U.S. BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: JPMORGAN CHASE BANK, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title:apporved by Administrative Agent pursuant to Section 2.5.

Appears in 1 contract

Sources: Credit Agreement (Protection One Alarm Monitoring Inc)

ENTIRETIES. THE CREDIT AGREEMENT AS AMENDED BY THIS AMENDMENT 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. EXECUTED, as of the date first stated above. By: Highwoods Properties, Inc., its general partner By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Executive Vice President, General Counsel and Secretary By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Executive Vice President, General Counsel and Secretary BANK OF AMERICA, N.A., as the Administrative Agent By: /s/ Authorized Signatory Name: Title: BANK OF AMERICA, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender, Term A-2 Lender and L/C Issuer By: /s/ Authorized Signatory Name: Title: PNC BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: TRUIST BANK, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: U.S. BANK, NATIONAL ASSOCIATION, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: REGIONS BANK, in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: JPMORGAN CHASE BANK, N.A., in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title:

Appears in 1 contract

Sources: Credit Agreement (Highwoods Realty LTD Partnership)