Form of Designated. Borrower Notice 3.01(e) Form of Non-Bank Certificate 5.01(a)(ix) Form of Perfection Certificate 5.01(a)(x) Form of Security Agreement 5.01(a)(xi) Form of Pledge Agreement 7.02(c) Form of Compliance Certificate 7.02(g) Form of Perfection Certificate Supplement 7.12 Form of Borrowing Base Report 11.06(b) Form of Assignment and Assumption SECOND AMENDED AND RESTATED CREDIT AGREEMENT This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of September 29, 2017 among X.X. XXXXXXXXX & SONS COMPANY, a Delaware corporation (the “Company”), the Guarantors (defined herein) party hereto from time to time, the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Company has requested that the Lenders provide $800,000,000 in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Designated. Borrower Joinder Agreement The parties hereto hereby request that the Applicant Borrower be entitled to receive Committed Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Applicant Borrower nor the Company on its behalf shall have any right to request any Committed Loans for the Applicant Borrower’s account as a Designated Borrower unless and until the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Company and the Participating Lenders pursuant to Section 2.14 of the Credit Agreement. This Designated Borrower Joinder Agreement shall constitute a Loan Document under the Credit Agreement. THIS DESIGNATED BORROWER JOINDER AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. Form of Designated Borrower Joinder Agreement
Form of Designated. Borrower Notice 3.01(e)-1-4 Forms of U.S. Tax Compliance Certificates 7.02(b) Form of Compliance Certificate 7.12 Form of Guarantor Joinder Agreement 9.03 Form of Secured Party Designation Notice 10.01 Form of 2009 Senior Notes Intercreditor Agreement 11.06(b) Form of Assignment and Assumption SYNDICATED FACILITY AGREEMENT This SYNDICATED FACILITY AGREEMENT is entered into as of October 22, 2013 among Interface, Inc., a Georgia corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Domestic Swing Line Lender and L/C Issuer. The Borrowers have requested that the Lenders provide credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Designated. Borrower Notice 3.01(e) Form of Non-Bank Certificate 5.01(a)(iii) Form of Security Agreement 5.01(a)(iii)(D) Form of Perfection Certificate 5.01(a)(vi) Form of Closing Opinion 5.01(a)(vii) Form of Nevada Opinion 5.01(a)(viii) Form of Wisconsin Opinion 7.02(c) Form of Compliance Certificate 7.02(g) Form of Perfection Certificate Supplement 7.11A Form of Mortgage 11.06(b) Form of Assignment and Assumption CREDIT AGREEMENT This CREDIT AGREEMENT is entered into as of October 15, 2012 among X. X. XXXXXXXXX & SONS COMPANY, a Delaware corporation (the “Company”), the Guarantors (defined herein) party hereto from time to time, the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer. The Company has requested that the Lenders provide $1,150,000,000 in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Designated. The parties hereto hereby request that the Designated Borrower be entitled to receive Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Designated Borrower nor the Company on its behalf shall have any right to request any Loans for its account unless and until the date five Business Days after the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Company and the Lenders pursuant to Section 2.13 of the Credit Agreement. This Designated Borrower Request and Assumption Agreement shall constitute a Loan Document under the Credit Agreement. THIS DESIGNATED BORROWER REQUEST AND ASSUMPTION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, INCLUDING FOR SUCH PURPOSES SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK.
Form of Designated. Borrower Request and Assumption Agreement The parties hereto hereby request that the Designated Borrower be entitled to receive Revolving Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Designated Borrower nor the Parent Borrower on its behalf shall have any right to request any Loans for its account unless and until the date five Business Days after the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Parent Borrower and the Lenders pursuant to Section 2.17 of the Credit Agreement. This Designated Borrower Request and Assumption Agreement shall constitute a Loan Document under the Credit Agreement. THIS DESIGNATED BORROWER REQUEST AND ASSUMPTION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
Form of Designated. Borrower Notice 3.01(e)-1-4 Forms of U.S. Tax Compliance Certificates 7.02(b) Form of Compliance Certificate 7.12 Form of Guarantor Joinder Agreement 9.03 Form of Secured Party Designation Notice 11.06(b) Form of Assignment and Assumption SECOND AMENDED AND RESTATED SYNDICATED FACILITY AGREEMENT This SECOND AMENDED AND RESTATED SYNDICATED FACILITY AGREEMENT is entered into as of August 7, 2018 among Interface, Inc., a Georgia corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Domestic Swing Line Lender and L/C Issuer.
Form of Designated. Employee Offer Letter EXHIBIT 6.1(b)....................................................................Form of Access Agreement EXHIBIT 7.6........................................................
Form of Designated. Borrower Request and Assumption Agreement The parties hereto hereby request that the Designated Borrower be entitled to receive Revolving Credit Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Designated Borrower nor the Company on its behalf shall have any right to request any Revolving Credit Loans for its account unless and until the date five Business Days after the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Company and the Revolving Credit Lenders pursuant to Section 2.18
Form of Designated. Borrower Notice
