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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.
Appears in 1 contract
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the first date first stated written above. BORROWER: XXXXXXX INDUSTRIAL REALTYCNL HOSPITALITY PARTNERS, L.P.LP, a Maryland Delaware limited partnership By: XXXXXXX INDUSTRIAL REALTY, INCCNL HOSPITALITY GP CORP., a Maryland corporation Delaware corporation, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Xxxx X. Xxxxx, Xx. Name: Xxxxxx Xxxxxxxxx TitleXxxx X. Xxxxx, Xx. Title : Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Vice President PARENT: XXXXXXX INDUSTRIAL REALTYCNL HOTELS & RESORTS, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx C. Xxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxx C. Xxxxx Xxxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: Vice President BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Xxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Xxxx X. Xxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: Senior Vice President BANK OF AMERICA, N.A., as a Lender and L/C Issuer By: /s/ Xxxxx Xxxxxxxx Xxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx TitleXxxx X. Xxxxxx Title : SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A.Senior Vice President DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title : Vice President By: /s/ Xxxxx Xxxxxx Xxxxxxx Name: Xxxxx Xxxxxx Xxxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC Director WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Xxxx X. Xxxxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx :Xxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATIONCALYON NEW YORK BRANCH, as a Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Director By: /s/ Xxxxx X. Xxxxxxx Name: Xxx Xxxxx X. Xxxxxxx Title: Director CITICORP NORTH AMERICA, INC., as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President Signature Page BARCLAYS CAPITAL REAL ESTATE INC., as a Lender By: /s/ XxxxXxx Xxxx Name: XxxxXxx Xxxx Title: Vice President SCHEDULE 2.1 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America N.A. $46,666,666.67 19.44444446% Deutsche Bank Trust Company Americas $45,000,000.00 18.750000000% Wachovia Bank, National Association $45,000,000.00 18.750000000% Calyon New York Branch $33,333,333.33 13.888888888% Citicorp North America, Inc. $35,000,000.00 14.583333333% Barclays Capital Real Estate Inc. $35,000,000.00 14.583333333% Total $240,000,000.00 100.000000000% EXHIBIT C FORM OF COMPLIANCE CERTIFICATE Financial Statement Date: , To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to Xxxxxxx Industrial Realtythat certain Credit Agreement, L.P.dated as of September 30, 2005 (as amended, restated, extended, supplemented, or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among CNL Hospitality Partners, LP, a Delaware limited partnership (“Borrower”), CNL Hotels & Resorts, Inc., a Maryland corporation, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and L/C Issuer. The undersigned Responsible Officer hereby certifies as of the date hereof that he/she is the ______________________ of Borrower, and that, as such, he/she is authorized to execute and deliver this Certificate to Administrative Agent on the behalf of Borrower, and that: [Use following paragraph 1 for fiscal year-end financial statements]
Appears in 1 contract
ENTIRETIES. The Credit Agreement and the other Loan Documents, as amended by this Amendment represents Amendment, 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. Xxxxxxx Industrial Realty, L.P. Second Amendment to Centex Credit Agreement EXECUTED as of the first date first stated written above. BORROWER: XXXXXXX INDUSTRIAL REALTYCENTEX CORPORATION, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner as Borrower By: /s/ Xxxxxx Xxxxxxxxx Gxxx X. Xxxx Name: Xxxxxx Xxxxxxxxx Gxxx X. Xxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Vice President & Treasurer Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein BANK OF AMERICA, N.A., as Administrative Agent Agent, an L/C Issuer, and as a Lender By: /s/ Xxxxx Xxxxxxxx Mxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxxx Mxxx X. Xxxxxxxxx Title: SVP Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated Credit Agreement LENDERSBetween 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/ Dxxxx Xxxxxx Name: Dxxxx Xxxxxx Title: Senior Vice President Signature Page to Second 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/ Wxxxxxx XxXxxxx Name: Wxxxxxx XxXxxxx Title: Senior Vice President Signature Page to Second 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/ Mxxx Xxxxx Name: Mxxx Xxxxx Title: Vice President Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein BNP PARIBAS, as a Senior Managing Agent, as an L/C Issuer, and as a Lender By: /s/ Bxxxxxxxx Xxxxx Name: Bxxxxxxxx Xxxxx Title: Vice President By: /s/ Mxxxxxx Xxxxxx Name: Mxxxxxx Xxxxxx Title: Vice President Signature Page to Second 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/ Rxxxxx Xxxxxx Name: Rxxxxx Xxxxxx Title: Managing Director Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein SUNTRUST BANK, as a Managing Agent, as an L/C Issuer, and as a Lender By: /s/ W. Jxxx Xxxxxxx Name: W. Jxxx Xxxxxxx Title: Senior Vice President Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as a Senior Managing Agent and as a Lender By: /s/ Dxxxxxx X. Xxxxxxx Name: Dxxxxxx X. Xxxxxxx Title: Manager, Southwest Corporate LLOYDS TSB BANK PLC, as a Managing Agent and as a Lender By: /s/ Mario Del Duca Name: Mario Del Duca Title: Associate Director Corporate Banking USA By: /s/ Dxxxxxx Xxxxxxx Name: Dxxxxxx Xxxxxxx Title: Director Corporate Banking USA Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein WACHOVIA BANK, NATIONAL ASSOCIATION, as Managing Agent and a Lender By: /s/ Kxxxx X. Xxxx, I Name: Kxxxx X. Xxxx, I Title: Assistant Vice President Signature Page to Second 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 Second 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/ Xxxxx Xxxxxxxx Bxxx Xxxxxxx Name: Xxxxx Xxxxxxxx Bxxx Xxxxxxx Title: SVP Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANKBetween 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/ Xxxxx Xxxxxx Exxxxx Xxxx Name: Xxxxx Xxxxxx Exxxxx Xxxx Title: Authorized Officer Manager Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated 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 Xxxxxxx Dxxxxxx X. Xxxx Name: Xxxxxxx Xxxxxxx Dxxxxxx X. Xxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated Credit Agreement CITIZENS 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/ Mxxx X. Xxxxx Name: Mxxx X. Xxxxx Title: Associate Director CITY NATIONAL BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)a national banking association, as a Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Second Amendment to Amended and Restated Credit Agreement U.S. Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein THE NORTHERN TRUST COMPANY, as a Lender By: /s/ Cxxxxxxxxxx Xxxx Name: Cxxxxxxxxxx Xxxx Title: Commercial Banking Officer Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein US BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Kxxxx X. XxXxxxxx Name: Xxx Xxxxxxx Kxxxx X. XxXxxxxx Title: Vice President Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein COMPASS BANK, as a Lender By: /s/ Key Cxxxx Name: Key Cxxxx Title: Executive Vice President Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein MXXXXXX LXXXX BANK USA, as a Lender By: /s/s Dxxxx Xxxxx Name: Dxxxx Xxxxx Title: Vice President Signature Page to Second 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/ Mxxxx-Xxxxx Dugeny Name: Mxxxx-Xxxxx Dugeny Title: Managing Director, Real Estate Finance By: /s/ Txxxxxxx Xxxxxxx Industrial RealtyName: Txxxxxxx Xxxxxxx Title: Associate, L.P.Real Estate Finance Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein FIRST HAWAIIAN BANK, as a Lender By: /s/ Gxxxxx Xxxxx Name: Gxxxxx Xxxxx Title: Vice President Signature Page to Second 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/ Cxxxxxxxxxx X. Xxxxxx Name: Cxxxxxxxxxx X. Xxxxxx Title: Vice President Signature Page to Second 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 Second 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/ Natalie Saritiki Name: Natalie Saritiki Title: Vice President Signature Page to Second Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein
Appears in 1 contract
Samples: Credit Agreement (Centex Corp)
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS THIRD AMENDMENT, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial RealtySIGNATURE PAGE TO THIRD AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.INNKEEPERS USA TRUST, a Maryland limited partnership real estate investment trust, as a Borrower By: XXXXXXX INDUSTRIAL REALTY, INC./s/ Xxxx Xxxxxx Xxxx Xxxxxx General Counsel and Secretary INNKEEPERS USA LIMITED PARTNERSHIP, a Maryland corporation its Virginia limited partnership, as a Borrower By: INNKEEPERS FINANCIAL CORPORATION, a Virginia corporation, General Partner By: /s/ Xxxx Xxxxxx Xxxxxxxxx Name: Xxxx Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYVice President and Secretary AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INC.INNKEEPERS USA LIMITED PARTNERSHIP, a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyBANK OF AMERICA, L.P. First Amendment to Amended and Restated Credit Agreement N.A., AS ADMINISTRATIVE AGENT: , AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent Agent, Issuing Bank, and a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyXxxxx Xxxxx Principal SIGNATURE PAGE TO THIRD AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: 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/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President SIGNATURE PAGE TO THIRD 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 WACHOVIA BANK, NATIONAL ASSOCIATION, formerly known as First Union National Bank, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyVice President SIGNATURE PAGE TO THIRD AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx X. Xxxxx III Name: Xxxxx Xxxxxx X. Xxxxx III Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyVice President SIGNATURE PAGE TO THIRD AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement 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: /s/ Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxx Title: Senior Vice President Signature Page SIGNATURE PAGE TO THIRD 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 Xxxxxxx Industrial Realtyenter into this Third Amendment, L.P. First the undersigned (a) consent and agree to this Third Amendment’s execution and delivery, (b) ratify and confirm 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 this Third Amendment and continue to Amended guarantee, assure, and Restated Credit Agreement CITIZENS BANKsecure the full payment and performance of the parties’ present and future Obligation (except to the extent specifically limited by the terms of such guaranties, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENSassurances, NATIONAL ASSOCATIONor Liens), (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 the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens (if any), and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. INNKEEPERS SUNRISE TINTON FALLS, L.P., a Lender Virginia limited partnership By: INNKEEPERS FINANCIAL CORPORATION IV, a Virginia corporation By: /s/ Xxxx Xxxxxx X. Xxxxx Name: Xxxx Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary INNKEEPERS HAMPTON NORCROSS, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANKL.P., NATIONAL ASSOCIATION N.A.a Virginia limited partnership By: INNKEEPERS HAMPTON NORCROSS, as INC., a Lender Virginia corporation By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Xxxx Xxxxxx Xxxx Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKINNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., as AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN INNKEEPERS RESIDENCE PORTLAND, L.P., a Lender Virginia limited partnership By: INNKEEPERS RESIDENCE PORTLAND, INC., a Virginia corporation By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Xxxx Xxxxxx Xxxx Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary INNKEEPERS RESIDENCE EDEN PRAIRIE, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATIONL.P., as a Lender Virginia limited partnership By: INNKEEPERS RESIDENCE EDEN PRAIRIE, INC., a Virginia corporation By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Xxxx Xxxxxx Xxxx Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary INNKEEPERS RI GENERAL, L.P., a Virginia limited partnership By: INNKEEPERS RI GENERAL, INC., a Virginia corporation By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President and Secretary 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/ Xxxx Xxxxxx Xxxx 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/ Xxxx Xxxxxx Xxxx Xxxxxx
Appears in 1 contract
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 REVOLVING CREDIT AGREEMENT, contemporaneousTHE TERM A CREDIT AGREEMENT, or subsequent oral agreements of the partiesAND THE OTHER FACILITY DOCUMENTS, AS AMENDED BY THIS 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 the partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. Xxxxxxx Industrial RealtySIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF TERM LOAN A CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., L.P. 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 EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INCSTANDARD PACIFIC CORP., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland Delaware corporation By: /s/ Xxxxxx Xxxxxxxxx NameX. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President-Finance and Chief Financial Officer By: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Xxxxx X. XxXxxxxx Xxxxx X. XxXxxxxx Vice President and Treasurer Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement and Second Amendment of 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/ Xxxxx Xxxxxxxx Xxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxxx Xxxx X. Xxxxxxxxx Title: SVP Senior Vice President BANK OF AMERICA, N.A., as Term Administrative Agent By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement LENDERS: and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 a Revolving Lender and a Term A Lender By: /s/ Xxxxx Xxxxxxxx Xxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxxx Xxxx X. Xxxxxxxxx Title: SVP Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 JPMORGAN CHASE BANK, N.A., as a Revolving Lender and a Term A Lender By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Authorized Officer Executive Director Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement PNC and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 GUARANTY BANK, as a Revolving Lender By: /s/ Xxx X. Xxxxxxx Name: Xxx X. Xxxxxxx Title: Senior Vice President Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 THE ROYAL BANK OF SCOTLAND PLC, as a Revolving Lender and a Term A Lender By: /s/ Xxxxxxx XxXxxxx Name: Xxxxxxx XxXxxxx Title: Senior Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 WACHOVIA BANK, NATIONAL ASSOCIATION, as a Revolving Lender and a Term A Lender By: /s/ Xxxxxxx Xxxxx X. Xxxx, I Name: Xxxxx X. Xxxx, I Title: Assistant Vice President Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 SUNTRUST BANK, as a Revolving Lender By: /s/ W. Xxxx Xxxxxxx Name: Xxxxxxx W. Xxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement CITIZENS and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 WASHINGTON MUTUAL BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)FA, as a Revolving Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as a Revolving Lender By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Associate Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 U.S. BANK NATIONAL ASSOCIATION, as a Revolving Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 PNC BANK, NATIONAL ASSOCIATION, as a Revolving Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 LASALLE BANK NATIONAL ASSOCIATION, as a Revolving Lender and a Term A Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Loan A Credit Agreement XXXXX FARGO BANKSIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 KEYBANK NATIONAL ASSOCIATION N.A.ASSOCIATION, as a Revolving Lender By: /s/ Xxxxx X. Stacker X.X. Xxxxxxxxx Name: Xxxxx X. Stacker X.X. Xxxxxxxxx Title: Senior Sr. Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement CITIBANKand Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 COMERICA BANK, as a Revolving Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Amended and Restated of Revolving Credit Agreement U.S. and Second Amendment of 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 REGIONS BANK, formerly known as AmSouth Bank as a Revolving Lender and a Term A Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Sr. Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of 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 THE WEST, as a Revolving Lender and a Term A Lender By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: VP and Documentation Supervisor By: /s/ Xxxxx Xxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxx, CFA Title: Senior Vice President 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 CALYON NEW YORK BRANCH, as a Revolving Lender and a Term A Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director 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 CITY NATIONAL BANK, as a Revolving Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President 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 UNION BANK OF CALIFORNIA, N.A., as a Revolving Lender and a Term A Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Credit Officer Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Revolving Lender and a Term A Lender By: /s/ Xxx Xxxxxxx Xxxxx Name: Xxx Xxxxxxx Xxxxx Title: Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 CALIFORNIA BANK & TRUST, as a Revolving Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 COMPASS BANK, as a Revolving Lender By: /s/ Xxxxxxx Industrial RealtyXxxx Xxxxx Name: Xxxxxxx Xxxx Xxxxx Title: Senior Vice President Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF TERM LOAN A CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., L.P.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 CITIBANK, N.A., successor by merger to Citibank Texas, N.A., as a Revolving Lender and a Term A Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 MIDFIRST BANK, a federally chartered savings association, as a Revolving Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 NATIXIS (fka Natexis Banques Populaires), as a Revolving Lender and a Term A Lender By: /s/ Xxxxx-Xxxxx Dugeny Name: Xxxxx-Xxxxx Dugeny Title: Managing Director By: /s/ Natalie Trojan Name: Natalie Trojan Title: Director Signature Page to Third Amendment of Revolving Credit Agreement and Second Amendment of Term Loan A Credit Agreement SIGNATURE PAGE TO THIRD AMENDMENT OF REVOLVING CREDIT AGREEMENT AND SECOND AMENDMENT OF 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 OKLAHOMA, as a Term A Lender By: /s/ Xxxxxxxx X. Xxxxxxxx Name: Xxxxxxxx X. Xxxxxxxx Title: Senior Vice President
Appears in 1 contract
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. Xxxxxxx Industrial RealtyEXECUTED, L.P. EXECUTED as of the date first stated above. BORROWERBORROWERS: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership HIGHWOODS REALTY LIMITED PARTNERSHIP By: XXXXXXX INDUSTRIAL REALTYHighwoods Properties, INC.Inc., a Maryland corporation its General Partner general partner By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx X. Xxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYVice President, General Counsel and Secretary HIGHWOODS PROPERTIES, INC., a Maryland corporation . By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx X. Xxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyVice President, L.P. First General Counsel and Secretary Third Amendment to Sixth Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as the Administrative Agent By: /s/ Xxxxx Xxxxxxxx Authorized Signatory Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: 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: XXXXX 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/ Xxxxx Xxxxxxxx Authorized Signatory Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyTRUIST BANK, L.P. First in its capacity as a Revolving Credit Lender, Term A-1 Lender and Term A-2 Lender By: /s/ Authorized Signatory Name: Title: Third Amendment to Sixth Amended and Restated Credit Agreement 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/ Xxxxx Xxxxxx Authorized Signatory Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Third Amendment to Sixth Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.Agreement
Appears in 1 contract
Samples: 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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., L.P. AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INCSTANDARD PACIFIC CORP., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland Delaware corporation By: /s/ XXXXXX X. XXXXXX Xxxxxx Xxxxxxxxx NameX. Xxxxxx Executive Vice President-Finance and Chief Financial Officer By: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyXXXX X. XXXXXXXX Xxxx X. Xxxxxxxx Vice President and Corporate Controller SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT: , AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx XXXX XXXXXXX Name: Xxxxx Xxxxxxxx Xxxx Xxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyVice President EXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx XXXX XXXXXXX Name: Xxxxx Xxxxxxxx Xxxx Xxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyVice President EXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN JPMORGAN CHASE BANK, N.A., as a Lender N.A. By: /s/ XXXX XXXXXX Name: Xxxx Xxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN GUARANTY BANK By: /s/ XXXX X. XXXXXXX Name: Xxxx X. Xxxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN THE ROYAL BANK OF SCOTLAND PLC By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Xxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN WACHOVIA BANK, NATIONAL ASSOCIATION By: /s/ XXXXX X. XXXXXXXX Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyVice President EXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement PNC BANKAS BORROWER, NATIONAL ASSOCIATIONBANK OF AMERICA, as a Lender N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN SUNTRUST BANK By: /s/ Xxxxxxx Xxxxxxx W. XXXX XXXXXXX Name: Xxxxxxx W. Xxxx Xxxxxxx Title: Senior Vice President Signature Page to EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN WASHINGTON MUTUAL BANK, FA By: /s/ XXXX X. XXXXXXX Name: Xxxx X. Xxxxxxx Industrial RealtyTitle: Vice President EXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CREDIT SUISSE, CAYMAN ISLANDS BRANCH By: /s/ XXXXXXXXX XXXXXXX Name: Xxxxxxxxx Xxxxxxx Title: Vice President By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Associate EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN U.S. BANK NATIONAL ASSOCIATION By: /s/ XXXXXX XXXXXXX Name: Xxxxxx Xxxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN PNC BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx XXXXXXX X. Xxxxx XXXX Name: Xxxxxx Xxxxxxx X. Xxxxx Xxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtyEXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANKAS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN LASALLE BANK NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker XXXXXXX XXXX Name: Xxxxx X. Stacker Xxxxxxx Xxxx Title: Senior First Vice President Signature Page to Xxxxxxx Industrial RealtyEXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKAS BORROWER, BANK OF AMERICA, N.A., as a Lender AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN KEYBANK NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx XXXXXX X. XXXXXXXX Name: Xxxxxxx Xxxxxxx Xxxxxx X. Xxxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial RealtyEXECUTED BY STANDARD PACIFIC CORP., L.P. First Amendment to Amended and Restated Credit Agreement U.S. AS BORROWER, BANK NATIONAL ASSOCIATIONOF AMERICA, as a Lender N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN COMERICA BANK By: /s/ Xxx XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN AMSOUTH BANK By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx XxXxxxxxx Title: AVP EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF THE WEST By: /s/ XXXXXX XXXXXXXXXX Name: Xxxxxx Xxxxxxxxxx Title: Vice President By: /s/ XXX XXXXXXX Name: Xxx Xxxxxxx Title: Vice President Signature Page EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CALYON NEW YORK BRANCH By: /s/ XXXXX X. XXXXX Name: Xxxxx X. Xxxxx Title: Managing Director By: /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: Managing Director EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CITY NATIONAL BANK By: /s/ XXXXXX XXXXXXX Name: Xxxxxx Xxxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN UNION BANK OF CALIFORNIA, N.A. By: /s/ XXXXXXX X. XXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ XXX XXXXX Name: Xxx Xxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CALIFORNIA BANK & TRUST By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN COMPASS BANK By: /s/ XXXXXXX XXXX XXXXX Name: Xxxxxxx Xxxx Xxxxx Title: Senior Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN CITIBANK TEXAS, N.A. By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN MIDFIRST BANK, a federally chartered savings association By: /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: Vice President EXECUTED BY STANDARD PACIFIC CORP., AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN NATEXIS BANQUES POPULAIRES By: /s/ XXXXX-XXXXX DUGENY Name: Xxxxx-Xxxxx Dugeny Title: VP–Real Estate Group Manager By: /s/ GUILLAUME DE PARSCAU Name: Guillaume de Parscau Title: First VP–Business Development To induce the Administrative Agent and Lenders to Xxxxxxx Industrial Realtyenter into this Amendment, L.P.the 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 Obligations (except to the extent specifically limited by the terms of such guaranties, assurances, or liens), (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 order to create, perfect, preserve, and protect those guaranties, assurances, and liens, and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Administrative Agent and Lenders and their respective successors and permitted assigns.
Appears in 1 contract
Samples: Revolving Credit Agreement (Standard Pacific Corp /De/)
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.XXXXXXXX XXXX COMPANY, a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTYDelaware corporation, INC., a Maryland corporation its General Partner as Borrower By: /s/ Xxxxxx Xxxxxxxxx XXXXX X. XXXXXXX Name: Xxxxxx Xxxxxxxxx Xxxxx X. XxXxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Xxxxxxxx Xxxx Company First Amendment to Amended and Restated Credit Agreement SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT: AGENT AND ISSUING BANK, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent Agent, Issuing Bank, and a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP XXX XXXXXXX Xxx Xxxxxxx Principal Signature Page to Xxxxxxx Industrial Realty, L.P. Xxxxxxxx Xxxx Company First Amendment to Amended and Restated Credit Agreement LENDERS: SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND ISSUING BANK, AND THE LENDERS DEFINED THEREIN THE BANK OF NOVA SCOTIA, Acting Through its San Francisco Agency as a Lender By: /s/ Xxxxx Xxxxxxxx XXXX XXXXXX Name: Xxxxx Xxxxxxxx Xxxx Xxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE Managing Director FIRST TENNESSEE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx XXX XXXXXXX Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Xxxxxxxx Xxxx Company First Amendment to Amended and Restated Credit Agreement CITIZENS SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND ISSUING BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)AND THE LENDERS DEFINED THEREIN LASALLE BANK, as a Lender By: /s/ Xxxxxx X. Xxxxx XXXXX XXXX THICK Name: Xxxxxx X. Xxxxx Xxxx Thick Title: Senior First Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Xxxxxxxx Xxxx Company First Amendment to Amended and Restated Credit Agreement XXXXX FARGO SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND ISSUING BANK, NATIONAL ASSOCIATION AND THE LENDERS DEFINED THEREIN UNION BANK OF CALIFORNIA N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx XXXXXXX XXXXXXXXXX Name: Xxxxxxx Xxxxxxx Xxxxxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Xxxxxxxx Xxxx Company First Amendment to Amended and Restated Credit Agreement SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND ISSUING BANK, AND THE LENDERS DEFINED THEREIN U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.:
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., . a Maryland corporation corporation, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxxx Xxxx Title: Co-Chief Executive Financial Officer By and Secretary PARENT: XXXXXXX INDUSTRIAL REALTY, INC. a Maryland corporation, By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Chief Financial Officer and Secretary ADMINISTRATIVE AGENT: PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Title Senior Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Title Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK CAPITAL ONE NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxxxx X. Xxxxxxx Name: Xxx Xxxxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.President
Appears in 1 contract
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.XXXXXXXX XXXX COMPANY, a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTYDelaware corporation, INC., a Maryland corporation its General Partner as Borrower By: /s/ Xxxxxx Xxxxxxxxx XXXXX X. XXXXXXX Name: Xxxxxx Xxxxxxxxx Xxxxx X. XxXxxxx Title: Co-Chief Executive Financial Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYSIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, INC.AS BORROWER, a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyBANK OF AMERICA, L.P. First Amendment to Amended and Restated Credit Agreement N.A., AS ADMINISTRATIVE AGENT: , AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx XXXXXX XXXXXXX Name: Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtySenior Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx XXXXXX XXXXXXX Name: Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx Title: SVP Signature Page to Senior Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN FIRST TENNESSEE BANK, N.A. as a Lender By: /s/ XXX XXXXXXX Name: Xxx Xxxxxxx Industrial RealtyTitle: Senior Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN U.S. BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx XXXXXXXXXXX XXXXXX Name: Xxxxx Xxxxxxxxxxx Xxxxxx Title: Authorized Officer Signature Page to Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN THE BANK OF NOVA SCOTIA, as a Lender By: /s/ XXXX XXXXXX Name: Xxxx Xxxxxx Title: Managing Director SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN UNION BANK OF CALIFORNIA, N.A. as a Lender By: /s/ XXXXXXX XXXXXXXXXX Name: Xxxxxxx Industrial RealtyXxxxxxxxxx Title: Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Assistant Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXXXX X. XXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President SIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx XXXXX X. XXXXXXX Name: Xxxxxxx Xxxxx X. Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANKAS BORROWER, NATIONAL ASSOCIATION (FORMERLY KNOWN BANK OF AMERICA, N.A., AS RBS CITIZENSADMINISTRATIVE AGENT, NATIONAL ASSOCATION)AND THE LENDERS DEFINED THEREIN CALIFORNIA BANK & TRUST, a California banking corporation, as a Lender By: /s/ Xxxxxx XXXX X. Xxxxx XXXXXX Name: Xxxx X. Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO AS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN COMERICA BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx XXXXX X. Stacker XXXXXXX Name: Xxxxx X. Stacker Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF CREDIT AGREEMENT EXECUTED BY XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKAS BORROWER, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN BANK MIDWEST, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx XXXXXXX X. XXXXXX Name: Xxxxxxx Xxxxxxx X. Xxxxxx Title: Senior Vice President Signature Page To induce the Credit Parties to Xxxxxxx Industrial Realtyenter into this Amendment, L.P. First the 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 the Credit Parties under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by the Amendment and continue to Amended guarantee, assure, and Restated 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) 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 order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Credit Agreement U.S. BANK NATIONAL ASSOCIATIONParties and their respective successors and permitted assigns. GUARANTORS/PLEDGORS: XX XXXXXXX, as a Lender INC. By: /s/ Xxx Xxxxxxx XXXXX X. XXXXXXX Name: Xxx Xxxxxxx Xxxxx X. XxXxxxx Title: Executive Vice President Signature Page to Xxxxxxx Industrial RealtyTCC RISK SERVICES, L.P.INC. By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. XxXxxxx Title: Executive Vice President TCCT REAL ESTATE, INC. By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. XxXxxxx Title: Executive Vice President TCDFW, INC. By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. XxXxxxx Title: Executive Vice President XXXXXXXX XXXX SERVICES, INC. By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. XxXxxxx Title: Executive Vice President
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT, or subsequent oral agreements of the partiesREPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATER 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 partiesTHERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.INNKEEPERS USA TRUST, a Maryland limited partnership real estate investment trust, as a Borrower By: XXXXXXX INDUSTRIAL REALTY, INC./s/ Xxxx Xxxxxx -------------------------------------- Xxxx Xxxxxx General Counsel and Secretary INNKEEPERS USA LIMITED PARTNERSHIP, a Maryland corporation its Virginia limited partnership, as a Borrower By: INNKEEPERS FINANCIAL CORPORATION, a Virginia corporation, General Partner By: /s/ Xxxx Xxxxxx Xxxxxxxxx Name: ------------------------------- Xxxx Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYVice President and Secretary SIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, INC.INNKEEPERS USA LIMITED PARTNERSHIP, a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyBANK OF AMERICA, L.P. First Amendment to Amended and Restated Credit Agreement N.A., AS ADMINISTRATIVE AGENT: , AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent Agent, Issuing Bank, and a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty--------------------------------------- Xxxxx Xxxxx Structuring Specialist SIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: 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/ Xxxxx Xxxxxx ----------------------------------------- Name: Xxxxx Xxxxxx Title: Vice President SIGNATURE PAGE TO FIRST 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: /s/ Xxxxx Xxxxxxxx Xxx X. Xxxx -------------------------------------- Name: Xxxxx Xxxxxxxx Xxx X. Xxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyDirector SIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE INNKEEPERS USA LIMITED PARTNERSHIP, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx X. Xxxxx, III -------------------------------------- Name: Xxxxx Xxxxxx X. Xxxxx, III Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyVice President SIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement 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: /s/ Xxxxxxx Xxxxxxx XxXxxxxx --------------------------------------- Name: Xxxxxxx Xxxxxxx XxXxxxxx Title: Senior Assistant Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO FIRST AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN INNKEEPERS USA TRUST, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANKINNKEEPERS USA LIMITED PARTNERSHIP, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKBANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN To induce the Credit Parties to enter into this Amendment, the undersigned (a) consent and agree to this Amendment's execution and delivery, (b) ratify and confirm 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 this Amendment and continue to guarantee, assure, and secure the full payment and performance of the parties' present and future Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (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 the Credit Parties may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens (if any), and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. INNKEEPERS SUNRISE TINTON FALLS, L.P., a Lender Virginia limited partnership By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: INNKEEPERS FINANCIAL CORPORATION IV, a Virginia corporation By:/s/ Xxxx Xxxxxx -------------------------------- Xxxx Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary INNKEEPERS HAMPTON NORCROSS, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATIONL.P., as a Lender Virginia limited partnership By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: INNKEEPERS HAMPTON NORCROSS, INC, a Virginia corporation By:/s/ Xxxx Xxxxxx -------------------------------- Xxxx Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realtyand Secretary SIGNATURE PAGE TO FIRST 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 Virginia limited partnership By: INNKEEPERS RESIDENCE PORTLAND, INC., a Virginia corporation By:/s/ Xxxx Xxxxxx ---------------------------------- Xxxx Xxxxxx Vice President and Secretary INNKEEPERS RESIDENCE EDEN PRAIRIE, L.P., a Virginia limited partnership By: INNKEEPERS RESIDENCE EDEN PRAIRIE, INC, a Virginia corporation By:/s/ Xxxx Xxxxxx ---------------------------------- Xxxx Xxxxxx Vice President and Secretary INNKEEPERS RI GENERAL, L.P., a Virginia limited partnership By: INNKEEPERS RI GENERAL, INC, a Virginia corporation By:/s/ Xxxx Xxxxxx ---------------------------------- Xxxx Xxxxxx Vice President and Secretary SIGNATURE PAGE TO FIRST 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/ Xxxx Xxxxxx --------------------------------- Xxxx 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/ Xxxx Xxxxxx --------------------------------- Xxxx Xxxxxx Vice President and Secretary SCHEDULE 8.15 UNSECURED AND RECOURSE DEBT None.
Appears in 1 contract
ENTIRETIES. The THE CREDIT AGREEMENT AND THE OTHER LOAN 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, 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 Fourth Amendment to 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 priorAgreement, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. Xxxxxxx Industrial Realty, L.P. EXECUTED Dated as of July 31, 2003 amending Credit Agreement, dated June 6, 2001, by and among Xxxxxxxx Corporation, as Borrower, X.X. Xxxxxx Chase Bank, as Administrative Agent, and the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner Lenders named on Schedule 2.01 thereto XXXXXXXX CORPORATION By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-XXXX X. XXXXXXXX, XX. Xxxx X. Xxxxxxxx, Xx. Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYJPMORGAN CHASE BANK, INC., individually as a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended Lender and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., Issuing Bank and as Administrative Agent By: /s/ XXXX XXXXX Xxxx Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Fourth Amendment to Amended Credit Agreement, Dated as of July 31, 2003 amending Credit Agreement, dated June 6, 2001, by and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)among Xxxxxxxx Corporation, as a Lender Borrower, X.X. Xxxxxx Chase Bank, as Administrative Agent, and the Lenders named on Schedule 2.01 thereto COMPASS BANK. By: /s/ Xxxxxx X. Xxxxx R. XXXXX XXXX Name: Xxxxxx X. R. Xxxxx Xxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender COMERICA BANK By: /s/ Xxxxx X. Stacker XXXXX XXXXXXX Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.QuickLinks Exhibit 10.1
Appears in 1 contract
Samples: Credit Agreement (Carreker Corp)
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial Realty[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES TO FOLLOW] SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, L.P. NATIONSBANK OF TEXAS, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.XXXXXXXX XXXX COMPANY, a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTYDelaware corporation, INC., a Maryland corporation its General Partner as Borrower By: /s/ Xxxxxxx Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx ------------------------------------- Name: Xxxxxxx Xxxxxxx Xxxxxx -------------------------------- Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYVice President ------------------------------- SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, INC.NATIONSBANK OF TEXAS, a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyN.A., L.P. First Amendment to Amended and Restated Credit Agreement AS ADMINISTRATIVE AGENT: BANK , BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN NATIONSBANK OF AMERICATEXAS, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx X. Xxxxxxxx, Xx. ------------------------------------- Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtyX. Xxxxxxxx, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Xx. -------------------------------- Title: Vice President Signature Page to Xxxxxxx Industrial Realty------------------------------- SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement U.S. NATIONSBANK OF TEXAS, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx --------------------------------- Name: Xxx Xxxxxxx ---------------------------- Title: Senior V.P. --------------------------- SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, NATIONSBANK OF TEXAS, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN MERCANTILE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxxxx, VP ------------------------------------- Name: Xxxxxxx X. Xxxxxx -------------------------------- Title: Vice President Signature Page ------------------------------- SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, NATIONSBANK OF TEXAS, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN BANKBOSTON, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxx, Xx. ------------------------------------- Name: Xxxxx X. Xxxxxx, Xx. -------------------------------- Title: Vice President ------------------------------- SIGNATURE PAGE TO SECOND AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, NATIONSBANK OF TEXAS, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN SOCIETE GENERALE, SOUTHWEST AGENCY, as a Lender By: /s/ Xxxxx Xxxxxxx VP ------------------------------------- Name: Xxxxx Xxxxxxx -------------------------------- Title: Vice President ------------------------------- To induce the Credit Parties to enter into this Amendment, the undersigned jointly and severally (a) consent and agree to the Amendment Documents' execution and delivery, (b) ratify and confirm that all guaranties, assurances, and 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 Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (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 order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EACH OF THE CORPORATE GUARANTORS/PLEDGORS LISTED ON SCHEDULE 1 ATTACHED HERETO (OTHER THAN THE CORPORATE GUARANTORS BELOW) By: /s/ Xxxxxxx Industrial RealtyX. Xxx ------------------------------------------------- Xxxxxxx X. Xxx Authorized Officer XXXXXXXX XXXX CENTRAL, L.P.LTD. By: TCCT REAL ESTATE, INC., General Partner By: /s/ Xxxxxxx X. Xxx ---------------------------------------------- Xxxxxxx X. Xxx Authorized Officer XXXXXXXX XXXX DALLAS/FORT WORTH, LTD. By: TCDFW, INC., General Partner By: /s/ Xxxxxxx X. Xxx ---------------------------------------------- Xxxxxxx X. Xxx Authorized Officer XXXXXXXX XXXX HOUSTON, LTD. By: XX XXXXXXX, INC., General Partner SECOND AMENDMENT By: /s/ Xxxxxxx X. Xxx ---------------------------------------------- Xxxxxxx X. Xxx Authorized Officer XXXXXXXX XXXX DALLAS INDUSTRIAL, LTD. By: TC DALLAS INDUSTRIAL, INC., General Partner By: /s/ Xxxxxxx X. Xxx ---------------------------------------------- Xxxxxxx X. Xxx Authorized Officer SECOND AMENDMENT TCCT #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer TCDFW #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer TCDI #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer TCH #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer SECOND AMENDMENT SCHEDULE 1 TC Atlanta, Inc. TCCT Real Estate, Inc. TCCT #2, Inc. Xxxxxxxx Xxxx Retail Services, Inc. TC Carolinas, Inc. TC Chicago, Inc. TC Denver, Inc. TCDFW, Inc. TCDFW #2, Inc. TC Dallas Industrial, Inc. TCDI #2, Inc. XX Xxxxxxx, Inc. TCH #2, Inc. TC Tennessee, Inc. TC MidAtlantic, Inc. TC Northeast Metro, Inc. TC New England, Inc. Xxxxxxxx Xxxx Realty Services, Inc. TCC Risk Services, Inc. TC Seattle, Inc. Xxxxxxxx Xxxx So. Cal., Inc. Xxxxxxxx Xxxx SE, Inc. TC St. Louis, Inc. Xxxxxxxx Xxxx Corporate Services, Inc. Xxxxxxxx Xxxx Company, a Texas Corporation Xxxxxxxx Xxxx MW, Inc. Xxxxxxxx Xxxx NE, Inc. Xxxxxxxx Xxxx NW, Inc. Xxxxxxxx Xxxx Central Texas, Ltd. Xxxxxxxx Xxxx Dallas/Fort Worth, Ltd. Xxxxxxxx Xxxx Houston, Ltd. Xxxxxxxx Xxxx Dallas Industrial, Ltd. SECOND AMENDMENT
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
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, contemporaneousTOGETHER WITH THE OTHER LOAN DOCUMENTS, or subsequent oral agreements of the partiesREPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES ABOUT THE SUBJECT MATTER OF THE CREDIT AGREEMENT AS AMENDED BY THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial Realty, L.P. Fifth Amendment EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation corporation, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxxx Xxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Financial Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation corporation, By: /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxxx Xxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Financial Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Fifth Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICAPNC BANK, N.A.NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxx Xxxxxxxx X. Xxxxxxxxxx Name: Xxxxx Xxxxxxxx X. Xxxxxxxxxx Title: SVP Sr Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Fifth Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Title: Senior Sr. Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Fifth Amendment to Amended and Restated Credit Agreement CITIZENS BANKCAPITAL ONE, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Senior Vice President Authorized Signatory Signature Page to Xxxxxxx Industrial Realty, L.P. First Fifth Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Xxxxxx Xxxxx Name: Xxx Xxxxxxx Xxxxxx Xxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Fifth Amendment to Credit Agreement To induce the Credit Parties that are parties hereto to enter into this Amendment, each of the undersigned hereby (a) consents and agrees to the execution and delivery of this Amendment and the terms and conditions hereof, (b) agrees that this Amendment in no way releases, diminishes, impairs, reduces, or otherwise adversely affects any guaranties, assurances, or other obligations or undertakings of any of the undersigned under any Loan Documents, and (c) waives notice of acceptance of this Amendment, which Amendment binds each of the undersigned and their respective successors and permitted assigns and inures to the benefit of the Credit Parties and their respective successors and permitted assigns. GUARANTORS: XXXXXXX INDUSTRIAL – 000 XXXXXXXX XXXXXX, LLC XXXXXXX INDUSTRIAL – 228TH STREET, LLC XXXXXXX INDUSTRIAL – 301 N XXXXXXXX, LLC XXXXXXX INDUSTRIAL – 635 8TH, LLC XXXXXXX INDUSTRIAL – 687 EUCALYPTUS, LLC XXXXXXX INDUSTRIAL – 1065 WALNUT, LLC XXXXXXX INDUSTRIAL – 1145 XXXXXX, LLC XXXXXXX INDUSTRIAL – 1150 AVIATION, LLC XXXXXXX INDUSTRIAL - 1175 AVIATION, LLC XXXXXXX INDUSTRIAL – 12154 MONTAGUE, LLC XXXXXXX INDUSTRIAL – 1245 AVIATION, LLC XXXXXXX INDUSTRIAL – 14421 XXXXXXX, LLC XXXXXXX INDUSTRIAL – 16121 CARMENITA, LLC XXXXXXX INDUSTRIAL – 1601 MISSION, LLC XXXXXXX INDUSTRIAL – 18115 MAIN, LLC XXXXXXX INDUSTRIAL – 19402 XXXXXX, LLC XXXXXXX INDUSTRIAL – 2328 TELLER, LLC XXXXXXX INDUSTRIAL – 2980 SAN XXXXXXXX, LLC XXXXXXX INDUSTRIAL – 3100 FUJITA, LLC XXXXXXX INDUSTRIAL – 3150 XXX, LLC XXXXXXX INDUSTRIAL - 3233 MISSION OAKS, LLC XXXXXXX INDUSTRIAL – 3340 SAN XXXXXXXX, LLC XXXXXXX INDUSTRIAL – 4416 AZUSA CANYON, LLC XXXXXXX INDUSTRIAL – 5300 XXXXXX, LLC XXXXXXX INDUSTRIAL – 5421 ARGOSY, LLC XXXXXXX INDUSTRIAL – 5593 FRESCA, LLC XXXXXXX INDUSTRIAL – 8315 HANAN, LLC By: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership, its Sole and Managing Member By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation, its General Partner By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Chief Financial Officer Signature Page to Xxxxxxx Industrial Realty, L.P. Fifth Amendment to Credit Agreement XXXXXXX INDUSTRIAL – 8542 XXXXXXX, LLC XXXXXXX INDUSTRIAL – 8985 CRESTMAR, LLC XXXXXXX INDUSTRIAL – 9200 XXXXX, LLC XXXXXXX INDUSTRIAL – 9250 XXXXX, LLC XXXXXXX INDUSTRIAL - 9615 NORWALK, LLC XXXXXXX INDUSTRIAL – 9750 SAN XXXXXXXX, LLC XXXXXXX INDUSTRIAL - XXXXX, LLC XXXXXXX INDUSTRIAL – AZUSA CANYON, LLC XXXXXXX INDUSTRIAL – XXXXX, LLC XXXXXXX INDUSTRIAL – CONEJO SPECTRUM, LLC XXXXXXX INDUSTRIAL – EASTVALE, LLC XXXXXXX INDUSTRIAL - FAIRVIEW, LLC XXXXXXX INDUSTRIAL - XXXX, LLC XXXXXXX INDUSTRIAL - HINDRY, LLC XXXXXXX INDUSTRIAL - HOLLAND, LLC XXXXXXX INDUSTRIAL - ICON, LLC XXXXXXX INDUSTRIAL – IMPERIAL HIGHWAY, LLC XXXXXXX INDUSTRIAL - INDUSTRY WAY, LLC XXXXXXX INDUSTRIAL - JURUPA, LLC XXXXXXX INDUSTRIAL - XXXXXX, LLC XXXXXXX INDUSTRIAL – SAFARI, LLC XXXXXXX INDUSTRIAL - SDLAOC, LLC XXXXXXX INDUSTRIAL – STORM, LLC XXXXXXX INDUSTRIAL - XXXXX, LLC XXXXXXX INDUSTRIAL – VANOWEN, LLC XXXXXXX INDUSTRIAL - WESTERN, LLC RIF I - MONROVIA, LLC RIF I-VALLEY BLVD., LLC RIF II - XXXXXXX AVENUE, LLC RIF II - XXXXXXX, LLC RIF II - EASY STREET, LLC RIF II - LA JOLLA SORRENTO BUSINESS PARK, LLC RIF II - PIONEER AVENUE, LLC By: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership, its Sole and Managing Member By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation, its General Partner By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Chief Financial Officer Signature Page to Xxxxxxx Industrial Realty, L.P. Fifth Amendment to Credit Agreement RIF III – AVENUE STANFORD, LLC RIF III - BROADWAY, LLC RIF III – EMPIRE LAKES, LLC RIF III – IMPALA, LLC RIF III - SANTA FE SPRINGS, LLC RIF III - YARROW DRIVE, LLC RIF III - YARROW DRIVE II, LLC RIF IV - BURBANK, LLC RIF IV - CENTRAL AVENUE, LLC RIF IV – CORNERSTONE, LLC RIF IV - EAST 46TH STREET, LLC RIF IV - HARBOR WARNER, LLC RIF IV - XXXXXX, LLC RIF IV-POINSETTIA, LLC RIF IV - SAN XXXXXXX, LLC RIF IV – WEST 33RD STREET, LLC RIF V - 240TH STREET, LLC RIF V - 3360 SAN XXXXXXXX, LLC RIF V - ARROW BUSINESS CENTER, LLC RIF V - XXXXXX, LLC RIF V - XXXXXXX, LLC RIF V - CAMPUS AVENUE, LLC RIF V - DEL NORTE, LLC RIF V - GGC XXXXXX, LLC RIF V - GLENDALE COMMERCE CENTER, LLC RIF V - GRAND COMMERCE CENTER, LLC RIF V - JERSEY, LLC RIF V - MACARTHUR, LLC RIF V - NORMANDIE BUSINESS CENTER, LLC RIF V - ODESSA, LLC RIF V - PARAMOUNT BUSINESS CENTER, LLC RIF V - XXXXXXXXX INDUSTRIAL PARK, LLC RIF V - VINEDO, LLC By: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership, its Sole and Managing Member By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation, its General Partner By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Chief Financial Office Signature Page to Xxxxxxx Industrial Realty, L.P. Fifth Amendment to Credit Agreement ANNEX I For the Quarter/Year ended (“Statement Date”) SCHEDULE 1 to the Compliance Certificate ($ in 000’s)
Appears in 1 contract
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the first date first stated written above. BORROWER: XXXXXXX INDUSTRIAL REALTYCENTEX CORPORATION, L.P., a Maryland limited partnership as Borrower By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx /S/ Gxxx X. Xxxx Name: Xxxxxx Xxxxxxxxx Gxxx X. Xxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: VP & Treasurer BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx /S/ Mxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxxx Mxxx X. Xxxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: Senior Vice President BANK OF AMERICA, N.A., as an L/C Issuer and as a Lender By: /s/ Xxxxx Xxxxxxxx /S/ Mxxx X. Xxxxxxxxx Name: Xxxxx Xxxxxxxx Mxxx X. Xxxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Senior Vice President JPMORGAN CHASE BANK, N.A. as Co-Syndication Agent, as an L/C Issuer, and as a Lender By: /S/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Vice President THE ROYAL BANK OF SCOTLAND PLC, as Co-Syndication Agent and as a Lender By: /S/ Dxxxx Xxxx Name: Dxxxx Xxxx Title: Managing Director CITICORP NORTH AMERICA, INC., as Co-Documentation Agent and as a Lender By: /S/ Nxxxx X. Xxxx Name: Nxxxx X. Xxxx Title: Vice President BNP PARIBAS, as a Senior Managing Agent, as an L/C Issuer, and as a Lender By: /S/ Shayn March Name: Shayn March Title: Director By: /S/ Axxxxx X. Xxxxxx Name: Axxxxx X. Xxxxxx Title: Director Signature Page to First 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/ Sxxxxx X. Xxxx Name: Sxxxxx X. Xxxx Title: Managing Director By: /S/ Dxxxx Xxxxx Name: Dxxxx Xxxxx Title: Managing Director SUNTRUST BANK, as a Managing Agent, as an L/C Issuer, and as a Lender By: /S/ W. Jxxx Xxxxxxx Name: W. Jxxx Xxxxxxx Title: Senior Vice President 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 First 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/ Cxxxx Xxxxxxx Name: Cxxxx Xxxxxxx Title: AVP-Financial Institutions By: /S/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: VP – Financial Institutions WACHOVIA BANK, NATIONAL ASSOCIATION, as Managing Agent and a Lender By: /S/ Txxxxxx X. Xxxxx Name: Txxxxxx X. Xxxxx Title: Vice President COMERICA BANK, as an L/C Issuer and as a Lender By: /S/ Cxxxx X. Xxxxxxxxx Name: Cxxxx X. Xxxxxxxxx Title: Vice President WASHINGTON MUTUAL BANK, FA, as a Lender By: /s/ Xxxxx /S/ Bxxx Xxxxxxx Name: Bxxx Xxxxxxx Title: Vice President BARCLAYS BANK PLC, as Senior Managing Agent and a Lender By: /S/ Dxxxx Xxxxxx Name: Xxxxx Dxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Associate Director PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx /S/ Dxxxxxx X. Xxxx Name: Xxxxxxx Xxxxxxx Dxxxxxx X. Xxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)UBS LOAN FINANCE LLC, as a Lender By: /s/ /S/ Rxxxxxx X. Xxxxxx X. Xxxxx Name: Rxxxxxx X. Xxxxxx X. Xxxxx Title: Senior Vice President Director Banking Products Services, US By: /S/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director Banking Products Services, US Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein CITY NATIONAL BANK, NATIONAL ASSOCIATION N.A.a national banking association, as a Lender By: /s/ Xxxxx X. Stacker /S/ Xxxxxx Xxxxxxx Name: Xxxxx X. Stacker Xxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A.VP THE NORTHERN TRUST COMPANY, as a Lender By: /s/ Xxxxxxx Xxxxxxx /S/ Pxxx X. Xxxxxx Name: Xxxxxxx Xxxxxxx Pxxx X. Xxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. US BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx /S/ Cxxxxxxxxxx X. Xxxx Name: Cxxxxxxxxxx X. Xxxx Title: Vice President BANCA DI ROMA – NEW YORK BRANCH, as a Lender By: /S/ Gxxxx Xxxxxxx Name: Xxx Gxxxx Xxxxxxx Title: Assistant Treasurer By: /S/ Lxxx Xxxxxxxx Name: Lxxx Xxxxxxxx Title: Executive Vice President COMPASS BANK, as a Lender By: /S/ Key Cxxxx Name: Key Cxxxx Title: Executive Vice President MXXXXXX LXXXX BANK USA, as a Lender By: /S/ Lxxxx Xxxxx Name: Lxxxx Xxxxx Title: Director NATEXIS BANQUES POPULAIRES, as a Lender By: /S/ Mxxxx-Xxxxx Dugeny Name: Mxxxx-Xxxxx Dugeny Title: VP Real Estate Assis. Manager By: /S/ Guillaume de Parscau Name: Guillaume de Parscau Title: First VP Business Development Signature Page to First Amendment to Credit Agreement Between Centex Corporation, Bank of America, N.A., as Administrative Agent, and the Lenders Defined Therein FIRST HAWAIIN BANK, as a Lender By: /S/ Sxxxxxx X. Xxxxxxxx Name: Sxxxxxx X. Xxxxxxxx Title: Vice President FIFTH THIRD BANK, as a Lender By: /S/ Cxxxxxxxxxx X. Xxxxxx Name: Cxxxxxxxxxx X. Xxxxxx Title: Vice President SOCIETE GENERALE, as a Lender By: /S/ Kxxxxxxx Xxxxxxx Name: Kxxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.SCHEDULE 2.1 COMMITMENTS AND APPLICABLE PERCENTAGES Applicable Lender Commitment Percentage
Appears in 1 contract
Samples: Credit Agreement (Centex Corp)
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., . a Maryland corporation corporation, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, Co-Chief Executive Officer By By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Xxxxx Xxxxx Xxxxx Xxxxx, Chief Executive Financial Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., . a Maryland corporation corporation, By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, Co-Chief Executive Officer By By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Xxxxx Xxxxx Xxxxx Xxxxx, Chief Executive Financial Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender and an L/C Issuer By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President CITIZENS BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx X. Xxxxxxxx Name: Xxx X. Xxxxxxxx Vice President XXXXXXX XXXXX BANK USA, as a Lender By: /s/ Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Authorized Signatory JPMORGAN CHASE BANK, N.A., as a Lender and an L/C Issuer By: /s/ Xxxx Xxxxxxx Xxxx X. Xxxxxxx / Vice President MIZUHO BANK, LTD., as a Lender By: /s/ Xxxxx Xxxxxx Name: XxXxxxxxxxx Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XxXxxxxxxxx; Executive Director PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS REGIONS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxxxxxxx Xxxxxx X. Xxxxx Title: Xxxxxxxxxxx Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A.THE BANK OF NOVA SCOTIA, as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxxx Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtyXxxxxx Director, L.P. First Amendment to Amended Corporate Banking U.S. Real Estate, Gaming, and Restated Credit Agreement CITIBANK, N.A.Leisure TRUIST BANK, as a Lender By: /s/ X. Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial RealtyXxxxxx, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.Jr.
Appears in 1 contract
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT AND THE OTHER AMENDMENT DOCUMENTS, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial Realty[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES TO FOLLOW] SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as Administrative Agent of the day and year first mentioned. XXXXXXXX XXXX COMPANY, a Delaware corporation, as Borrower By: /s/ Xxxxx Xxxxxxxx Xxxxxxx X. Xxxxxx ------------------------------------ Name: Xxxxx Xxxxxxxx Xxxxxxx X. Xxxxxx ------------------------------- Title: SVP Signature Page to Xxxxxxx Industrial RealtyExecutive Vice President ------------------------------ SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., f/k/a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page NationsBank, N.A., successor in interest by merger to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANKNationsBank of Texas, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended Administrative Agent and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx X. Xxxxxxxx, Xx. ------------------------------------------ Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtyX. Xxxxxxxx, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Xx. ------------------------------------- Title: Vice President Signature Page to Xxxxxxx Industrial Realty------------------------------------ SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx ---------------------------------------- Name: Xxx Xxxxxxx ----------------------------------- Title: Senior Vice President ----------------------------------- SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN MERCANTILE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxxxx ---------------------------------------- Name: Xxxxxxx X. Xxxxxx ----------------------------------- Title: Vice President Signature Page ---------------------------------- SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN BANKBOSTON as a Lender By: /s/ Xxxx X. Xxxxxx ---------------------------------------- Name: Xxxx X. Xxxxxx ----------------------------------- Title: Director ---------------------------------- SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN SOCIETE GENERALE, SOUTHWEST AGENCY, as a Lender By: /s/ Xxxxx Xxxxxxx ---------------------------------------- Name: Xxxxx Xxxxxxx ----------------------------------- Title: Vice President ---------------------------------- SIGNATURE PAGE TO THIRD AMENDMENT OF CREDIT AGREEMENT BETWEEN XXXXXXXX XXXX COMPANY, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, BANKERS TRUST COMPANY, AS DOCUMENTATION AGENT, AND THE LENDERS DEFINED THEREIN THE BANK OF NOVA SCOTIA as a Lender By: /s/ Xxxx Xxxxxx --------------------------------------- Name: Xxxx Xxxxxx ---------------------------------- Title: Director --------------------------------- To induce the Credit Parties to enter into this Amendment, the undersigned jointly and severally (a) consent and agree to the Amendment Documents' execution and delivery, (b) ratify and confirm that all guaranties, assurances, and 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 Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (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 order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to the Credit Parties and their respective successors and permitted assigns. EACH OF THE CORPORATE GUARANTORS/PLEDGORS LISTED ON SCHEDULE 1 ATTACHED HERETO (OTHER THAN THE CORPORATE GUARANTORS BELOW) By: /s/ Xxxxxxx Industrial RealtyX. Xxxxxx --------------------------------------- Name: Xxxxxxx X. Xxxxxx ---------------------------------- Title: Executive Vice President --------------------------------- TCCT #2, L.P.INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer TCDFW #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer TCH #2, INC. By: /s/ Xxxxxxxxxxx X. Xxxxxx --------------------------------------- Xxxxxxxxxxx X. Xxxxxx Authorized Officer SCHEDULE 1 TC Atlanta, Inc. TCCT Real Estate, Inc. TCCT #2, Inc. Xxxxxxxx Xxxx Retail Services, Inc. TC Carolinas, Inc. TC Chicago, Inc. TC Denver, Inc. TCDFW, Inc. TCDFW #2, Inc. XX Xxxxxxx, Inc. TCH #2, Inc. TC Tennessee, Inc. TC MidAtlantic, Inc. TC Northeast Metro, Inc. TC New England, Inc. TC New England Brokerage, Inc. Xxxxxxxx Xxxx Realty Services, Inc. TCC Risk Services, Inc. TC Seattle, Inc. Xxxxxxxx Xxxx So. Cal., Inc. Xxxxxxxx Xxxx SE, Inc. TC St. Louis, Inc. Xxxxxxxx Xxxx Corporate Services, Inc. Xxxxxxxx Xxxx NW, Inc. Xxxxxxxx Xxxx Operations, Inc. Xxxxxxxx Xxxx Subsidiary Holding Company EXHIBIT D COMPLIANCE CERTIFICATE Reference is hereby made to that certain Credit Agreement dated as of December 1, 1997, among Xxxxxxxx Xxxx Company, a Delaware corporation ("BORROWER"), Bank of America, N.A., f/k/a NationsBank, N.A., successor in interest by merger to NationsBank of Texas, N.A., a national banking association, as Administrative Agent (herein so called), the Documentation Agent defined therein, the Issuing Bank defined therein, and the Lenders defined therein (as modified, amended, renewed, extended, and restated from time to time, the "CREDIT AGREEMENT"). The undersigned, as _________________ of Borrower, pursuant to SECTION 5.1(C) of the Credit Agreement, hereby, certifies to Administrative Agent as follows:
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
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 AND THE OTHER LOAN DOCUMENTS, contemporaneousAS AMENDED BY THIS AMENDMENT, or subsequent oral agreements of the partiesREPRESENT 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 partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Xxxxxxx Industrial Realty[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES TO FOLLOW]. SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT, L.P. EXECUTED Dated as of October 31, 2001 amending Credit Agreement, dated June 6, 2001, by and among Xxxxxxxx Corporation, as Borrower, X.X. Xxxxxx Chase Bank, as Administrative Agent, and the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner Lenders named on Schedule 2.01 thereto XXXXXXXX CORPORATION By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Xxxx X. Xxxxxxxx, Xx. ------------------------------------- Xxxx X. Xxxxxxxx, Xx. Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYX.X. XXXXXX CHASE BANK, INC., individually as a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended Lender and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., Issuing Bank and as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyXxx Xxxxxx ------------------------------------- Xxx Xxxxxx Vice President COMPASS BANK, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., Individually as a Lender and as Syndication Agent By: /s/ R. Xxxxx Xxxx ------------------------------------- R. Xxxxx Xxxx Vice President SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT, Dated as of October 31, 2001 amending Credit Agreement, dated June 6, 2001, by and among Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyCorporation, L.P. First Amendment to Amended as Borrower, X.X. Xxxxxx Chase Bank, as Administrative Agent, and Restated Credit Agreement JPMORGAN CHASE the Lenders named on Schedule 2.01 thereto FIRSTAR BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender N.A. By: /s/ Xxxxxxx Xxxxxxx X. Xxxxxx ------------------------------------- Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ X. Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx ------------------------------- Title: Vice President Signature Page ------------------------------ XXXXX FARGO BANK TEXAS, NATIONAL ASSOCIATION By: ------------------------------------- Name: ------------------------------- Title: ------------------------------ SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT CONSENT OF GUARANTOR To induce Lenders to Xxxxxxx Industrial Realtyenter into this Amendment, L.P. First the undersigned (a) consents and agrees to execution and delivery of the Amendment, (b) ratifies and confirms that all guaranties, assurances, and Liens granted, conveyed, or assigned to Lender under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by this Amendment and continue to Amended guarantee, assure, and Restated secure the full payment and performance of all present and future Obligation, (c) that any liens and security interests in any collateral created under the Loan Documents secure, among other indebtedness, Borrower's obligations under the Credit Agreement U.S. BANK NATIONAL ASSOCIATIONAgreement, as a Lender amended by the Amendment, (d) all liabilities and obligations guaranteed by the undersigned pursuant to any guaranty executed by the undersigned include, without limitation, the indebtedness evidenced by the Credit Agreement, as amended by the Amendment, (e) 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 Administrative Agent may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens, (f) represents and warrants to Administrative Agent and the Lenders that (i) the value of the consideration received and to be received by the undersigned in respect of those guaranties, assurances, and Liens are reasonably worth at least as much as the liability and obligation of the undersigned thereunder, (ii) the liability and obligation may reasonably be expected to directly or indirectly benefit the undersigned, and (iii) the undersigned is and after giving effect to those guaranties, assurances, Liens, and the Loan Documents, in light of all existing facts and circumstances (including, without limitation, collateral for and other obligors in respect of the Obligation and various components of it and various rights of subrogation and contribution), will be solvent, and (g) 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 Lenders and their successors and permitted assigns. Executed effective as of October 31, 2001. XXXXXXXX CHECK SOLUTIONS, LLC, A Delaware limited liability company By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice Xxxx X. Xxxxxxxx, Xx. -------------------------------------- Xxxx X. Xxxxxxxx, Xx. President Signature Page to Xxxxxxx Industrial Realty, L.P.and Chief Executive Officer CONSENT OF GUARANTOR EXHIBIT I BORROWING BASE CERTIFICATE (Xxxxxxxx Corporation) AS OF _________
Appears in 1 contract
Samples: Credit Agreement (Carreker Corp)
ENTIRETIES. The Credit Agreement and the other Loan Documents, as amended by this Amendment represents Amendment, 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. Xxxxxxx Industrial Realty[Remainder of Page Intentionally Left Blank; Signature Pages to Follow.] Sixth Amendment SIGNATURE PAGE TO SIXTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., L.P. BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, ALAMO GROUP INC., a Maryland Delaware corporation its General Partner By: /s/ Rxxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, Vice President SIGNATURE PAGE TO SIXTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial RealtyBANK OF AMERICA, L.P. First Amendment to Amended and Restated Credit Agreement N.A., AS ADMINISTRATIVE AGENT: , AND THE LENDERS DEFINED THEREIN BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtySxxxxxx Xxxx, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: Vice President SIGNATURE PAGE TO SIXTH 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 a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtySxxxx Xxxxxx, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANKVice President SIGNATURE PAGE TO SIXTH 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 CXXXX BANK, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyJxxxxxxx Xxxxxxx, L.P. First Amendment to Amended and Restated Credit Agreement PNC Vice President SIGNATURE PAGE TO SIXTH 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, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Mxxx XxXxxxxxx, Senior Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO SIXTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANKBANK OF AMERICA, NATIONAL ASSOCIATION (FORMERLY KNOWN N.A., AS RBS CITIZENSADMINISTRATIVE AGENT, NATIONAL ASSOCATION)AND THE LENDERS DEFINED THEREIN Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland", New York Branch, as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtySIGNATURE PAGE TO SIXTH AMENDMENT OF AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT BETWEEN ALAMO GROUP INC., L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKBANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS DEFINED THEREIN To induce the Administrative Agent and Lenders to enter into this Amendment, each of the undersigned (a) consent and agree to this Amendment's execution and delivery, (b) ratify and confirm that all guaranties, assurances, and Liens (if any) granted, conveyed, or assigned to Administrative Agent on behalf of Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by this Amendment and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (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 order to create, perfect, preserve, and protect those guaranties, assurances, and Liens (if any), and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to Administrative Agent, Lenders, and their respective successors and permitted assigns. ALAMO CAPITAL LLC, successor in interest by conversion to Alamo Capital, Inc., a Lender Nevada limited liability company By: /s/ Xxxxxxx Xxxxxxx Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP (IA) INC., a Nevada corporation By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP (SMC) INC., a Nevada corporation By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP (TX) L.P., a Delaware limited partnership By: Alamo Group Holdings, LLC, a Delaware limited liability company, its General Partner By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP (USA) INC., a Delaware corporation By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP HOLDINGS, L.L.C., a Delaware limited liability company By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO SALES CORP., a Delaware corporation By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP (IL) INC., f/k/a M&W Gear Company, a Delaware corporation By: Rxxxxx X. Xxxxxx Vice President ‑ Administration SCHWARZE INDUSTRIES, INC., an Alabama corporation By: Rxxxxx X. Xxxxxx Vice President – Administration ALAMO GROUP SERVICES, INC., a Delaware corporation By: Rxxxxx X. Xxxxxx Vice President – Administration VACALL INDUSTRIES, INC., f/k/a Alamo Group (AL) Inc., a Delaware corporation By: Name: Xxxxxxx Xxxxxxx Title: NIGHT-HAWK SWEEPERS, LLC, a Washington limited liability company By: Name: Title: HXXXXXXX‑AXXXX INC., a Nevada corporation By: Rxxxxx X. Xxxxxx Vice President Signature Page to Xxxxxxx Industrial Realty– Administration SXXXXXX (USA) INC., L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender Florida corporation By: /s/ Xxx Xxxxxxx Rxxxxx X. Xxxxxx Vice President – Administration TIGER CORPORATION, a Nevada corporation By: Rxxxxx X. Xxxxxx Vice President ‑ Administration GRADALL INDUSTRIES, INC., formerly known as Alamo Group (OH) Inc., a Delaware corporation By: Name: Xxx Xxxxxxx Title: Vice President Signature Page NP REAL ESTATE Inc., an Ohio corporation By: Name: Title: HXXXX MANUFACTURING CORPORATION, a Kansas corporation, successor in interest by merger to Xxxxxxx Industrial RealtyAlamo Group (KS), L.P.Inc. By: Name: Title: EXHIBIT A AMENDMENT DOCUMENTS
Appears in 1 contract
ENTIRETIES. The Credit Agreement and the other Loan Documents, as amended by this Amendment represents Amendment, 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. Xxxxxxx Industrial Realty, L.P. [Remainder of Page Intentionally Left Blank; Signature Pages to Follow.] Ninth Amendment EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, ALAMO GROUP INC., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland Delaware corporation By: /s/ Xxxxxx Xxxxxxxxx Name: X. Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: Xxxxxx X. Xxxxxx Vice President BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: Assistant Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Xxxxx Name: Xxxxx X. Stacker Xxxxx Title: Senior Vice President Signature Page COMPASS BANK, successor in interest to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A.Guaranty Bank, as a Lender By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxx Xxxxxxx Title: Sr. Vice President Signature Page to COÖPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH, as a Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Executive Director By: /s/ Xxxxxx X. Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. Name: Xxxxxx X. Xxxxxxx Title: Managing Director AMEGY BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Xxxxx Name: Xxx Xxxxxxx Xxxxx Title: Senior Vice President Signature Page To induce the Administrative Agent and Lenders to Xxxxxxx Industrial Realtyenter into this Amendment, L.P.each of the undersigned (a) consent and agree to this Amendment's execution and delivery, (b) ratify and confirm that all guaranties, assurances, and Liens (if any) granted, conveyed, or assigned to Administrative Agent on behalf of Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by this Amendment and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (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 order to create, perfect, preserve, and protect those guaranties, assurances, and Liens (if any), and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to Administrative Agent, Lenders, and their respective successors and permitted assigns. ALAMO GROUP (TX) INC., f/k/a Alamo Industrial, Inc., a Texas corporation ALAMO GROUP (USA) INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President ALAMO GROUP (1A) INC., a Nevada corporation ALAMO SALES CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President ALAMO GROUP (SMC) INC., a Nevada corporation ALAMO GROUP (IL) INC., f/k/a M&W Gear Company, a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice Xxxxxxxxx XXXX HOG, INC., a Delaware corporation SCHWARZE INDUSTRIES, INC., an Alabama corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President ALAMO GROUP SERVICES, INC., a Delaware corporation XXXXXXX (USA) INC., a Florida corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President NITE-HAWK SWEEPERS, LLC, a Washington limited liability company TIGER CORPORATION, a Nevada corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President TERRAIN KING CORPORATION, a Nevada corporation GRADALL INDUSTRIES, INC., formerly known as Alamo Group (OH) Inc., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Vice President NP REAL ESTATE INC., an Ohio corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President XXXXX MANUFACTURING CORPORATION, a Kansas corporation, successor in interest by merger to Alamo Group (KS), Inc. By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President
Appears in 1 contract
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INCFRANKLIN STREET PROPERTIES CORP., a Maryland corporation By: /s/ Gxxxxx X. Xxxxxx Xxxxxxxxx Name: Gxxxxx X. Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Cxxxxxxxx Xxxxx Xxxxxxxx Name: Cxxxxxxxx Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. Vice President First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender and an L/C Issuer By: /s/ Cxxxxxxxx Xxxxx Xxxxxxxx Name: Cxxxxxxxx Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. Vice President First Amendment to Amended Credit Agreement BANK OF MONTREAL, as a Lender and Restated an L/C Issuer By: /s/ Lxxxx Xxxxx Name: Lxxxx Xxxxx Title: Managing Director First Amendment to Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender and an L/C Issuer By: /s/ Xxxxx Axxxxx Xxxxxx Name: Xxxxx Axxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. Executive Director First Amendment to Amended and Restated Credit Agreement PNC CITIZENS BANK, N.A., as a Lender and an L/C Issuer By: /s/ Kxxxx Xxxxxxx Name: Kxxxx Xxxxxxx Title: Senior Vice President First Amendment to Credit Agreement REGIONS BANK, as a Lender By: /s/ Wxxxxx X. Xxxxxxxxxxx Name: Wxxxxx X. Xxxxxxxxxxx Title: Senior Vice President First Amendment to Credit Agreement FIRST FINANCIAL BANK, N.A., as a Lender By: /s/ Jxxx Xxxxxx Name: Jxxx Xxxxxx Title: Senior Vice President First Amendment to Credit Agreement CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Jxxxxxx X. Xxxxxxxx Name: Xxxxxxx Xxxxxxx Jxxxxxx X. Xxxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. Authorized Signatory First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKBANKUNITED, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Cxxxx Xxxxxx Name: Xxxxxxx Xxxxxxx Cxxxx Xxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATIONAnnex I Conformed Credit Agreement (to be attached) Execution VersionConformed through First Amendment to Credit Agreement Published CUSIP Numbers: 30000XXX0 (Deal) 30000XXX0 (Revolving Credit Facility) CREDIT AGREEMENT Dated as of January 10, 2022 among FRANKLIN STREET PROPERTIES CORP., as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Borrower, BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer, The Other L/C Issuers Party Hereto, The Other Lenders Party Hereto, BANK OF MONTREAL, as Syndication Agent, CITIZENS BANK, N.A., as Documentation Agent, REGIONS BANK, as Documentation Agent, BOFA SECURITIES, INC., as Joint Bookrunner and Joint Lead Arranger, BMO CAPITAL MARKETS CORP., as Joint Bookrunner and, Joint Lead Arranger and Syndication Agent, and JPMORGAN CHASE BANK, N.A., as Joint Bookrunner, Joint Lead Arranger and Syndication Agent, TABLE OF CONTENTS Section Page to Xxxxxxx Industrial Realty, L.P.I. DEFINITIONS AND ACCOUNTING TERMS 1 1.01 Defined Terms 1 1.02 Other Interpretive Provisions 3031 1.03 Accounting Terms 3032 1.04 Rounding 3132
Appears in 1 contract
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTYARMADA XXXXXXX, L.P.X.X., a Maryland Virginia limited partnership By: ARMADA XXXXXXX INDUSTRIAL REALTYPROPERTIES, INC., a Maryland corporation corporation, its General Partner general partner By: /s/ Xxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer President and CEO PARENT: ARMADA XXXXXXX INDUSTRIAL REALTYPROPERTIES, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended President and Restated Credit Agreement CEO ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer By: /s/ Xxxxx Xxxxxxxx X. xx Xxxxx Name: Xxxxx Xxxxxxxx X. xx Xxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement Senior Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx X. xx Xxxxx Name: Xxxxx Xxxxxxxx X. xx Xxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. Senior Vice President First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE REGIONS BANK, N.A., as a Lender By: /s/ Ghi X. Xxxxx Xxxxxx Name: Ghi X. Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. Senior Vice President First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Xxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxx Xxxxxxxx Title: Senior Assistant Vice President Signature Page To induce the Credit Parties to Xxxxxxx Industrial Realtyenter into this Amendment, L.P. First the undersigned hereby (a) consent and agree to its execution and delivery and the terms and conditions thereof, (b) agree that this document in no way releases, diminishes, impairs, reduces, or otherwise adversely affects any guaranties, assurances, or other obligations or undertakings of any of the undersigned under any Loan Documents, (c) waive notice of acceptance of this Amendment, which Amendment binds each of the undersigned and their respective successors and permitted assigns and inures to Amended the benefit of Administrative Agent and Restated Credit Agreement CITIZENS BANKLenders and their respective successors and permitted assigns, NATIONAL ASSOCIATION and (FORMERLY KNOWN AS RBS CITIZENSd) expressly acknowledge and agree to the terms and conditions of Section 10 of this Amendment. ARMADA XXXXXXX MANAGER, NATIONAL ASSOCATION)LLC, as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender Virginia limited liability company By: /s/ Xxxxx X. Stacker Name: Xxxxxx Xxxxx X. Stacker TitleXxxxxx Manager NEW ARMADA XXXXXXX PROPERTIES I, LLC, a Virginia limited liability company By: Senior Vice ARMADA XXXXXXX, X.X., a Virginia limited partnership, its sole member By: ARMADA XXXXXXX PROPERTIES, INC., a Maryland corporation, its general partner By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx President Signature Page to Xxxxxxx Industrial Realtyand CEO NEW ARMADA XXXXXXX PROPERTIES II, L.P. LLC, a Virginia limited liability company By: ARMADA XXXXXXX, X.X., a Virginia limited partnership, its sole member By: ARMADA XXXXXXX PROPERTIES, INC., a Maryland corporation, its general partner By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx President and CEO TOWER MANAGER, LLC, a Virginia limited liability company By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager AHP HOLDING, INC., a Virginia corporation By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx President and CEO ARMADA XXXXXXX TOWER 4, L.L.C., a Virginia limited liability company By: TOWER MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager XX XXXXXXXX TOWER I, LLC, a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager XX XXXXXXXX XX, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager COLUMBUS TOWER, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager First Amendment to Amended and Restated Credit Agreement CITIBANKGATEWAY CENTRE, N.A.L.L.C., as a Lender Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxxxx Xxxxxxx NameXxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager NORTH POINTE DEVELOPMENT ASSOCIATES, L.P., a Virginia limited partnership By: Xxxxxxx Xxxxxxx TitleNORTH POINTE DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company, its general partner By: Vice ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager NORTH POINTE DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager BERMUDA SHOPPING CENTER, L.L.C., a Virginia limited liability company By: BERMUDA MARKETPLACE, INC., a Virginia corporation, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx President Signature Page to Xxxxxxx Industrial RealtyBERMUDA MARKETPLACE, L.P. INC., a Virginia corporation By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx President BROAD CREEK PH. I, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager BROAD CREEK PH. II, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager BROAD CREEK PH. III, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager XXXXXXX AND ASSOCIATES EAT, LLC, a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager TOWN CENTER ASSOCIATES 7, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager XXXXXXX PARKWAY ASSOCIATES, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager ARMADA/XXXXXXX CHARLESTON ASSOCIATES, L.P., a Virginia limited partnership By: GATEWAY CENTRE, L.L.C., a Virginia limited liability company, its general partner By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager HT TYRE NECK, LLC, a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager TOWN CENTER ASSOCIATES 12, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager NORTH POINTE OUTPARCELS, L.L.C., a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATIONDIMMOCK SQUARE MARKETPLACE, as LLC, a Lender Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxx Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager TCA BLOCK 6, LLC, a Virginia limited liability company By: ARMADA XXXXXXX MANAGER, LLC, a Virginia limited liability company, its manager By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Manager FBJ INVESTORS, INC., a Virginia corporation By: /s/ A. Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.Xxxx
Appears in 1 contract
ENTIRETIES. The Credit Agreement as amended by this First Amendment represents the final agreement between the parties about the subject matter of the Credit Agreement as amended by this First Amendment 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. Xxxxxxx Industrial RealtyIn Witness Whereof, L.P. EXECUTED each of the undersigned has duly executed this First Amendment to Second Amended and Restated Credit Agreement as of the date first stated set forth above. BORROWERLenders/Agent: XXXXXXX INDUSTRIAL REALTYBank of Montreal, L.P., in its capacity as Administrative Agent and individually as a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation its General Partner Lender By: /s/ Lxxxx Xxxxx Name: Lxxxx Xxxxx Title: Managing Director PNC Bank, National Association By: /s/ Sxxxx Xxxxx-Xxxxxxx Name: Sxxxx Xxxxx-Xxxxxxx Title: Senior Vice President Capital One Bank, National Association By: /s/ Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Authorized Signatory Regions Bank By: /s/ Wxxxxx X. Xxxxxxxxxxx Name: Wxxxxx X. Xxxxxxxxxxx Title: Senior Vice President U.S. Bank National Association By: /s/ Pxxxxxx X. Xxxxxx Name: Pxxxxxx X. Xxxxxx Title: Assistant Vice President Truist Bank as successor by merger to Branch Banking and Trust Company By: /s/ Jxxx De Jxxxx-Xxxxxxxxx Name: Xxxxxx Jxxx De Jxxxx-Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx NameSenior Vice President Borrower: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC.Franklin Street Properties Corp., a Maryland corporation By: /s/ Gxxxxx X. Xxxxxx Xxxxxxxxx Name: Gxxxxx X. Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page Annex I to Xxxxxxx Industrial Realty, L.P. First Amendment to Second Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page (See Attached) [Annex I to Xxxxxxx Industrial Realty, L.P. First Amendment to Second Amended and Restated Credit Agreement] Second Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Second Amended and Restated Credit Agreement JPMORGAN CHASE BANKDated as of September 27, N.A.2018 among Franklin Street Properties Corp., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realtythe Borrower, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATIONBank of Montreal, as Administrative Agent, and The Other Lenders Party Hereto BMO Capital Markets Corp., PNC Capital Markets LLC, Capital One Bank National Association, and Regions Capital Markets, a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realtydivision of Regions Bank as Joint Bookrunners and Joint Lead Arrangers, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANKPNC Bank, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)National Association, as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Syndication Agent and Capital One Bank National Association and Regions Bank as Co-Documentation Agents Table of Contents Section Heading Page Article I Definitions and Accounting Terms 1 Section 1.01. Defined Terms 1 Section 1.02. Other Interpretive Provisions 3137 Section 1.03. Accounting Terms 3238 Section 1.04. Rounding 3339 Section 1.05. Times of Day 3339 Section 1.06. Reserved 3339 Section 1.07. Interest Rates 39 Section 1.08. Divisions 40 Article II The Commitments and Credit Extensions 3340 Section 2.01. Loans 3340 Section 2.02. Borrowings, Conversions and Continuations of Loans 3441 Section 2.03. Intentionally Omitted 3542 Section 2.04. Prepayments 3542 Section 2.05. Reserved 3642 Section 2.06. Reserved 3642 Section 2.07. Reserved 3642 Section 2.08. Repayment of Loans 3642 Section 2.09. Interest 3643 Section 2.10. Reserved 3743 Section 2.11. Computation of Interest and Fees 3743 Section 2.12. Evidence of Debt 3744 Section 2.13. Payments Generally; Administrative Agent’s Clawback 3744 Section 2.14. Sharing of Payments by Lenders 3946 Section 2.15. Reserved 4046 Section 2.16. Increase in CommitmentsReserved 4047 Section 2.17. Reserved 4248 Section 2.18. Defaulting Lenders 4248 Article III Taxes, Yield Protection and Illegality 4349 Section 3.01. Taxes 4349 Section 3.02. Illegality 4754 Section 3.03. Inability to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.Determine Rates 4854
Appears in 1 contract
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INC., . a Maryland corporation corporation, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxxx Xxxx Title: Co-Chief Executive Financial Officer By PARENT: XXXXXXX INDUSTRIAL REALTY, INC. a Maryland corporation, By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Chief Financial Officer Signature Page to Xxxxxxx Industrial Realty, L.P. Fourth Amendment to Credit Agreement ADMINISTRATIVE AGENT: PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Fourth Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Fourth Amendment to Amended and Restated Credit Agreement CITIZENS BANK, CAPITAL ONE NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION)ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxx Name: Xxxxxx X. Xxxxx Xxxxxx Title: Senior Vice President Director Signature Page to Xxxxxxx Industrial Realty, L.P. First Fourth Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Xxxxxx Xxxxxx Name: Xxx Xxxxxxx Xxxxxx Xxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.
Appears in 1 contract
ENTIRETIES. The THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS AMENDED BY THIS AGREEMENT, 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. First Amendment to 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. Xxxxxxx Industrial Realty, L.P. 7 EXECUTED as of the date day and year first stated abovementioned. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P.INNKEEPERS USA TRUST, a Maryland limited partnership real estate investment trust, as a Borrower By: XXXXXXX INDUSTRIAL REALTY, INC./s/ Xxxx Xxxxxx Xxxx Xxxxxx General Counsel and Secretary INNKEEPERS USA LIMITED PARTNERSHIP, a Maryland corporation its Virginia limited partnership, as a Borrower By: INNKEEPERS FINANCIAL CORPORATION, a Virginia corporation, General Partner By: /s/ Xxxx Xxxxxx Xxxxxxxxx Name: Xxxx Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended Vice President and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICASecretary XXXXX FARGO BANK, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx X. Xxxxx, III Name: Xxxxx Xxxxxxxx X. Xxxxx, III Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A.Vice President CALYON NEW YORK BRANCH, as a Lender and Syndication Agent By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyManaging Director WACHOVIA BANK, L.P. First Amendment to Amended NATIONAL ASSOCIATION, as a Lender and Restated Credit Agreement Syndication Agent By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender and Documentation Agent By: /s/ Xxxxxxx Xxxxxxx Xxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxx Xxxxxxxxx Title: Senior Vice President Signature Page To induce Administrative Agent and Lenders to Xxxxxxx Industrial Realtyenter into this Amendment, L.P. First the 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 Amended guarantee, assure, and Restated Credit Agreement CITIZENS BANKsecure the full payment and performance of all present and future Obligation, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENSc) agree to perform such acts and duly authorize, NATIONAL ASSOCATION)execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page Administrative Agent may reasonably deem necessary or appropriate in order to Xxxxxxx Industrial Realtycreate, L.P. First Amendment perfect, preserve, and protect those guaranties, assurances, and liens, and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to Amended the Administrative Agent and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended Lenders and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended their respective successors and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.permitted assigns.
Appears in 1 contract
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. Xxxxxxx Industrial Realty, L.P. EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTYCIM URBAN PARTNERS, L.P., a Maryland Delaware limited partnership By: XXXXXXX INDUSTRIAL REALTYCIM URBAN PARTNERS GP, INC.LLC, a Maryland corporation California limited liability company, its General Partner By: /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxxx Title: Co-Vice President and Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTY, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Financial Officer Signature Page to Xxxxxxx Industrial RealtyCIM Urban Partners, L.P. First Third Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyAgent, L.P. First Amendment to Amended Swing Line Lender, L/C Issuer and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx X. Xxxxxxx Name: Xxxxx Xxxxxxxx X. Xxxxxxx Title: SVP Senior Vice President Signature Page to Xxxxxxx Industrial RealtyCIM Urban Partners, L.P. First Third Amendment to Amended and Restated Credit Agreement LENDERS: JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxx X. Xxxxxx Name: Xxxxx Xxxx X. Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial RealtyCIM Urban Partners, L.P. First Third Amendment to Amended and Restated Credit Agreement PNC COMERICA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxx Xxxxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial RealtyCIM Urban Partners, L.P. First Third Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender By: /s/ Xxxxx X. Stacker Name: Xxxxx X. Stacker Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANKKEYBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxxx Xxxxxxx Title: Assistant Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial RealtyCIM Urban Partners, L.P.
Appears in 1 contract
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 REVOLVING CREDIT AGREEMENT, contemporaneousTHE TERM A CREDIT AGREEMENT, or subsequent oral agreements of the partiesAND THE OTHER FACILITY DOCUMENTS, AS AMENDED BY THIS 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 the partiesTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. Xxxxxxx Industrial Realty, L.P. SIGNATURE PAGE TO SECOND AMENDMENT OF REVOLVING CREDIT AGREEMENT AND FIRST AMENDMENT OF TERM LOAN A CREDIT AGREEMENT EXECUTED as of the date first stated above. BORROWER: XXXXXXX INDUSTRIAL REALTY, L.P., a Maryland limited partnership By: XXXXXXX INDUSTRIAL REALTY, INCBY STANDARD PACIFIC CORP., a Maryland corporation its General Partner By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer PARENT: XXXXXXX INDUSTRIAL REALTYAS BORROWER, INC., a Maryland corporation By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Co-Chief Executive Officer By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial RealtyAS REVOLVER ADMINISTRATIVE AGENT, L.P. First Amendment to Amended and Restated Credit Agreement LENDERS: BANK OF AMERICA, N.A., AS TERM ADMINISTRATIVE AGENT, THE REVOLVER LENDERS PARTY HERETO, AND THE TERM A LENDERS PARTY HERETO EXECUTED as of the day and year first mentioned. STANDARD PACIFIC CORP., a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: SVP Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIZENS BANK, NATIONAL ASSOCIATION (FORMERLY KNOWN AS RBS CITIZENS, NATIONAL ASSOCATION), as a Lender Delaware corporation By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx Xxxxxx X. Xxxxx Title: Senior Xxxxxx Executive Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended President-Finance and Restated Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION N.A., as a Lender Chief Financial Officer By: /s/ Xxxxx X. Stacker Name: XxXxxxxx Xxxxx X. Stacker Title: Senior XxXxxxxx Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement CITIBANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P. First Amendment to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President Signature Page to Xxxxxxx Industrial Realty, L.P.Treasurer
Appears in 1 contract
