Common use of Form of LIBOR Notice Clause in Contracts

Form of LIBOR Notice. Wxxxx Fargo Bank, National Association, as Agent under the below referenced Credit Agreement 1000 Xxxxxxxxx Xxxx, Suite 1600 Atlanta, Georgia 30328 Attn: Portfolio Manager - Unifi Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Credit Agreement, dated as of March 26, 2015 (the “Credit Agreement”), by and among the lenders identified on the signature pages thereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (“Agent”), and UNIFI, INC., a New York corporation (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “Borrowers”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrowers’ request to elect the LIBOR Option with respect to outstanding [Revolving Loans/Term Loans] in the amount of $________ (the “LIBOR Rate Advance”)[, and is a written confirmation of the telephonic notice of such election given to Agent]. The LIBOR Rate Advance will have an Interest Period [1 month] [2 months] [3 months] [6 months] commencing on , and represents a [conversion of a Base Rate Loan/continuation of a LIBOR Rate Loan] with an Interest Period ending on _____________. This LIBOR Notice further confirms Borrowers’ acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Borrowers represent and warrant that (i) as of the date hereof, each representation or warranty contained in or pursuant to any Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is true and correct in all material respects (except to the extent any representation or warranty expressly related to an earlier date), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. Dated: _________, 20__ UNIFI, INC., on behalf of itself and the other Borrowers By: Name: Title: Acknowledged by: WXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Agent By: Name: Title:

Form of LIBOR Notice. Wxxxx Xxxxx Fargo BankFoothill, National AssociationLLC 0000 Xxxxxxxx Xxxxxx Xxxxx 0000 Xxxx Xxxxx Xxxxxx, as Agent under the below referenced Credit Agreement 1000 Xxxxxxxxx Xxxx, Suite 1600 Atlanta, Georgia 30328 Attn: Portfolio Manager - Unifi Xxxxxxxxxx 00000 Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Credit Loan Agreement, dated as of March 26December 15, 2015 2006 (the “Credit Loan Agreement”), by and among the lenders identified on the signature pages thereof (such lendersbetween American Business Lending, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WXXXX FARGO BANK, NATIONAL ASSOCIATIONInc., a national banking association, as administrative agent for the Lenders Texas corporation (“AgentBorrower”), and UNIFIXxxxx Fargo Foothill, INC.LLC, a New York corporation Delaware limited liability company (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “BorrowersLender”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Loan Agreement. This LIBOR Notice represents Borrowers’ Borrower’s request to elect the LIBOR Option with respect to outstanding [Revolving Loans/Term Loans] Loans in the amount of $________ $ (the “LIBOR Rate AdvanceLoan”)[, and is a written confirmation of the telephonic notice of such election given to AgentLender — USE IF APPLICABLE], commencing on 1, 20 (“LIBOR Rate Effective Date”), which is not less than 3 Business Days after the date of this Notice. The LIBOR Rate Advance Loan will have an Interest Period [1 of one calendar month] [2 months] [3 months] [6 months] , commencing on , and represents a [conversion the first day of a Base Rate Loan/continuation the calendar month that is at least three Business Days after the date of a LIBOR Rate Loan] with an Interest Period ending on _____________this Notice. This LIBOR Notice further confirms Borrowers’ Borrower’s acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Loan Agreement, of the LIBOR Rate as determined pursuant to the Credit Loan Agreement. Borrowers represent Borrower represents and warrant warrants that (i) as of the date hereof, each representation or warranty contained in or pursuant to any Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is true and correct in all material respects (except to the extent any representation or warranty expressly related to an earlier date), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. Dated: AMERICAN BUSINESS LENDING, INC., a Texas corporation By Name: Title: Acknowledged by: XXXXX FARGO FOOTHILL, LLC, a Delaware limited liability company By: _________, 20______________________ UNIFI, INC., on behalf of itself and the other Borrowers By: Name: _____________________________ Title: Acknowledged by: WXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Agent By: Name: Title:______________________________

Form of LIBOR Notice. Wxxxx Xxxxx Fargo Bank, National Association, as Administrative Agent under the below referenced Credit Agreement 1000 Xxxxxxxxx Xxxx00 Xxxxx Xxxxxx Xxxxx, Suite 1600 Atlanta1326th Floor MAC N8405-131261 Xxxxxxx, Georgia 30328 Xxxxxxxx 00000 Attn: Loan Portfolio Manager - Unifi (Anixter) Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Credit Agreement, Agreement dated as of March 26October 5, 2015 (as amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”), by and among the lenders identified on the signature pages thereof Anixter Inc., a Delaware corporation (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “LendersAnixter”), WXXXX FARGO BANKthe Subsidiaries of Anixter party thereto as “Borrowers” (collectively, NATIONAL ASSOCIATIONwith Anixter, “Borrowers”), the lenders party thereto as “Lenders,” and Xxxxx Fargo Bank, National Association, a national banking associationassociation (“Xxxxx Fargo”), as administrative agent for each member of the Lenders Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”), and UNIFI, INC., a New York corporation (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “Borrowers”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrowers’ request to elect the LIBOR Option with respect to outstanding [Revolving Loans/Term Loans] Loans in the amount of $[________ ] (the “LIBOR Rate Advance”)[, and is a written confirmation of the telephonic notice of such election given to Administrative Agent]. The LIBOR Rate Advance will have an Interest Period of [1 month1, 2, 3, or 6] [2 months] [3 months] [6 months] month(s) commencing on , and represents a [conversion of a Base Rate Loan/continuation of a LIBOR Rate Loan] with an Interest Period ending on _____________]. This LIBOR Notice further confirms Borrowers’ acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Borrowers represent Borrower Representative, on behalf of Borrowers, represents and warrant warrants that (i) as of the date hereof, each representation the representations and warranties of Borrowers or warranty their Subsidiaries contained in or pursuant to any this Agreement and in the other Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is Documents are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date hereof, as though made on and as of such date (except to the extent any representation or warranty expressly related that such representations and warranties relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) as of such earlier date)), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. Dated: _________, 20__ UNIFI, ANIXTER INC., on behalf of itself and the other Borrowers a Delaware corporation as Borrower Representative By: Name: Title: Acknowledged by: WXXXX XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent By: Name: Title:: EXHIBIT P-1 Form of Perfection Certificate See attached. SCHEDULE A-1

Form of LIBOR Notice. Wxxxx Xxxxx Fargo BankFoothill, National AssociationLLC, as Agent under the below referenced Credit Agreement 1000 Xxxxxxxxx Xxxx0000 Xxxxxxxx Xxxxxx Xxxxx 0000 Xxxx Xxxxx Xxxxxx, Suite 1600 Atlanta, Georgia 30328 Attn: Portfolio Manager - Unifi Xxxxxxxxxx 00000 Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Senior Term Loan Credit Agreement, dated as of March 26November 18, 2015 2008 (the “Credit Agreement”), by and among BUMBLE BEE FOODS, LLC, a Delaware limited liability company (“Borrower”), 3231021 NOVA SCOTIA COMPANY, a Nova Scotia unlimited company, the lenders identified on the signature pages thereof signatory thereto (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WXXXX and XXXXX FARGO BANKFOOTHILL, NATIONAL ASSOCIATIONLLC, a national banking associationDelaware limited liability company, as the arranger and administrative agent for the Lenders (“Agent”), and UNIFI, INC., a New York corporation (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “Borrowers”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrowers’ Borrower’s request to elect the LIBOR Option with respect to the outstanding [Revolving Loans/portion of the Term Loans] Loan in the amount of $________ (the “LIBOR Rate Advance”)$ [, and is a written confirmation of the telephonic notice of such election given to Agent]. The LIBOR Rate Advance Loan will have an Interest Period of [1 month1] [2 months2] [3 months3] [6 months] 6]1 month(s) commencing on , and represents a [conversion of a Base Rate Loan/continuation of a LIBOR Rate Loan] with an Interest Period ending on _____________. This LIBOR Notice further confirms Borrowers’ Borrower’s acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Borrowers represent Borrower represents and warrant warrants that (i) as of the date hereof, each representation or warranty contained in or pursuant to any Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is true and correct in all material respects (except to the extent any representation or warranty expressly related to an earlier date), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. 1 If available to and offered by all Lenders. Xxxxx Fargo Foothill, LLC, as Agent Dated: _________BUMBLE BEE FOODS, 20__ UNIFILLC, INC.a Delaware limited liability company, on behalf of itself and the other Borrowers as Borrower By: Name: Title: Acknowledged by: WXXXX XXXXX FARGO BANKFOOTHILL, NATIONAL ASSOCIATIONLLC, a national banking associationDelaware limited liability company, as Agent By: Name: Title:: EXHIBIT S-1

Form of LIBOR Notice. Wxxxx FORM OF LIBOR NOTICE Xxxxx Fargo BankCapital Finance, National AssociationLLC, as Agent under the below referenced Credit Agreement 1000 Xxxxxxxxx Xxxx000 Xxxxx Xxxxxx Xxxxx, Suite 1600 Atlanta2200 MAC N2814-220 Xxxxxxx, Georgia 30328 Attn: Portfolio Manager - Unifi Xxxxxxxx 00000 Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Credit Agreement, dated as of March 26June 28, 2015 2011 (the “"Credit Agreement”"), by among Wabash National Corporation, Wabash National, L.P., Wabash Wood Products, Inc., Transcraft Corporation, and among Wabash National Trailer Centers, Inc. ("Borrowers"), the lenders identified on signatory thereto (the signature pages thereof (such lenders"Lenders"), together with their respective successors and permitted assignsXxxxx Fargo Capital Finance, are referred to hereinafter each individually as LLC, a “Lender” and collectively Delaware limited liability company, as the “Lenders”), WXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as arranger and administrative agent for the Lenders (“"Agent”), and UNIFI, INC., a New York corporation (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “Borrowers”"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrowers’ ' request to elect the LIBOR Option with respect to outstanding [Revolving Loans/Term Loans] Advances in the amount of $________ (the “"LIBOR Rate Advance”")[, and is a written confirmation of the telephonic notice of such election given to Agent]. The LIBOR Rate Advance will have an Interest Period [1 month] [2 months] [of 1, 2, 3 months] [or 6 months] month(s) commencing on , and represents a [conversion of a Base Rate Loan/continuation of a LIBOR Rate Loan] with an Interest Period ending on ______________. This LIBOR Notice further confirms Borrowers’ ' acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Borrowers represent Administrative Borrower represents and warrant warrants that (i) as of the date hereof, each representation or warranty contained in or pursuant to any Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is true and correct in all material respects (except to the extent any representation or warranty expressly related to an earlier date), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. Dated: _________WABASH NATIONAL CORPORATION, 20__ UNIFIDelaware corporation, INC., on behalf of itself and the other Borrowers as Administrative Borrower By: Name: Title: Acknowledged by: WXXXX XXXXX FARGO BANKCAPITAL FINANCE, NATIONAL ASSOCIATIONLLC, a national banking associationDelaware limited liability company, as Agent By: By Name: Title:: Schedule A-1 Xxxxx Fargo Bank, N.A. 000 Xxxxxxxxxx Xxxxxx San Francisco, CA ABA # 000-000-000 Swift Code: XXXXXX0X To Credit Of: XXXXX FARGO CAPITAL FINANCE, LLC A/C # [*] Re: Wabash National, Inc. [*] The bracketed asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission. Schedule A-2 Xxxxxxx X. Xxxxxxxx Xxxx X. Xxxxx Xxxx X. Xxxx Schedule C-1 Lender Revolver Commitment Total Commitment Xxxxx Fargo Capital Finance, LLC $ 46,000,000 $ 46,000,000 RBS Citizens Business Capital, a division of RBS Citizens, N.A. $ 44,000,000 $ 44,000,000 General Electric Capital Corporation $ 15,000,000 $ 15,000,000 GE Capital Finance Inc. $ 15,000,000 $ 15,000,000 Xxxxxx X.X. $ 20,000,000 $ 20,000,000 Capital One Leverage Finance Corporation $ 10,000,000 $ 10,000,000 All Lenders $ 150,000,000 $ 150,000,000 Schedule D-1 Account No. [*] maintained with Xxxxx Fargo Bank, N.A. (the “Designated Account Bank”) [*] The bracketed asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission. Schedule E-1 Owned Property (Wabash National Trailer Centers, Inc.) 000 XxxxxxxXxxxxx Xxxxxxx, XX (Wabash National Trailer Centers, Inc.) 0000 Xxxxxxxx Xxxx San Antonio, TX (Wabash National Trailer Centers, Inc.) 00000 X. Xxxxxxxxx Xxx Xxxxxxxx, XX (Wabash National Trailer Centers, Inc.) 000 Xxxxx Xxxxxx Xxxx Xxxxxxxx, XX (Wabash National Trailer Centers, Inc.) 0000 Xxxxx 00xx Xxxxxx Xxxxxxx, XX (Wabash National Trailer Centers, Inc.) 00000 XX 0xx Xxxxxx Xxxxx, XX (Wabash National Trailer Centers, Inc.) 00000 Xxxxxx Xxxxxx Fontana, CA (Wabash National Trailer Centers, Inc.) 0000 Xxxxxxx Xxxxxxxxx Denver, CO (Wabash National Trailer Centers, Inc.) 0000 Xxxxxx Xxxxxxxxx Xxxxxx, XX (Wabash National Trailer Centers, Inc.) 0000 Xxxxxxxxxxxx Xxxx Xxxxxxxx, XX (Wabash Wood Products, Inc.) 000 Xxxx Xxxxxxxxxx Xxxx Xxxx Xxxxxxxx, XX (Wabash National, L.P.) 3550 & 0000 Xxxx Xxxxxx Xxxx 000 Xxxxx & 0000 Xxxxxxx Xxxx Xxxxxxxxx, XX (Wabash National, L.P.) 0000 Xxxxx Xxxx 0000-0000 XxXxxxx Xxxx Lafayette, IN (Wabash National, L.P.) 0000 Xxxx Xxxxxx 0000 Xxxxxxx Xxxxxx 0000 Xxxxxxxx Xxxxxxx South 0000 XxXxxxx Xxxx Lafayette, IN Processor Locations Roll Coater, Inc. (Wabash National, L.P.) 0000 X. Xxxx Xx. Xxxxxxxxxx, XX 00000 (Wabash National, L.P.) 000 X. Xxxx Rd. XxXxxxx, IN 46350 (Wabash National, L.P.) 0000 Xxxxxxx Xxx Xxxxxxx, XX 00000 (Wabash National, L.P.) 0000 Xxxxx Xxxx Xxxxxxxxxx, XX 00000 (Wabash National, L.P.) 0000 XX Xxxx 000 Xxxxxxxxxxx, XX 00000 Greenbush Industries (Wabash National, L.P.) 0000 Xxxxxxxxx Xx. Xxxxxxxxx, XX 00000 AZZ Galvanizing (Wabash National, L.P.) 0000 Xxx Xxx Drive Plymouth, IN 46563 (Xxxxxx Xxxxxxxx, X.X.) 000 Xxxxx Xx. Joliet, IL 60433 (Wabash National, L.P.) 0000 X. Xxxxxxxxx Xx. Xxxxxxxx, IN 46742 (Wabash National, L.P.) 0000 X. Xxxxxx Xx. Xxxxxx, XX 00000 Leased Locations Xxx Xxx General Supply, Inc. (Wabash National Trailer Centers, Inc.) 0000 Xxxx Xxxxxxx Xxxxxx Xxxx Xxxxxxxxxx, XX 00000 BNR Enterprises (Wabash National Trailer Centers, Inc.) 000 Xxxxx Xxx. Calhoun, GA 30103 Swift Transportation, Inc. (Wabash National Trailer Centers, Inc.) Xxxxx Road and Xxxxxx Xxxxxx Xxxx Xxxx. Xxxxxxxx, XX 00000 Xxxx Xxxxxxx (Wabash National Trailer Centers, Inc.) 0000 Xxxxx Xxxxxxxxxx 00 Xxxx Xxxxxxxxxx, XX 00000 D&L Realty (Wabash National Trailer Centers, Inc.) 000 Xxxxxxxx Xxxxxxx Xxxxxxx, XX Xxxxx and Xxxxxx XxXxxx d/b/a Classic Tire Wheel and Auto Sales LLC (Wabash National Trailer Centers, Inc.) 0000 Xxxxxxxxxxxx Xx. Xxxxx, XX 00000 Xxxxxx International (Transcraft Corporation) 000 Xxxxxxxxxxxxx Xxxxx Xxxxx, XX 00000 Xxxx & Xxxx Ingredients Americas LLC (Wabash National, L.P.) 65 acres of Wabash Vacant Land south of US 52 and located on part of the Northwest and (Northeast Quarters of Section 11, Township 22 North, Range 4 West of the Second Principal Meridian, Wea Township, Tippecanoe County, Indiana.

Form of LIBOR Notice. Wxxxx Xxxxx Fargo BankCapital Finance, National AssociationLLC, as Agent under the below referenced Credit Agreement 1000 0000 Xxxxxxxxx Xxxx, Xxxx Suite 1600 Atlanta, Georgia 30328 Attn: Portfolio Manager - Unifi Ladies and Gentlemen: Reference hereby is made to that certain Amended and Restated Credit Agreement, dated as of March 26, 2015 2010 (the “Credit Agreement”), by and among Delek Refining, Ltd. a Texas limited partnership (“Borrower”), Delek Refining, Inc., a Delaware corporation, the lenders identified on the signature pages thereof signatory thereto (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WXXXX FARGO BANKand Xxxxx Fargo Capital Finance, NATIONAL ASSOCIATIONLLC, a national banking associationDelaware limited liability company, as the administrative agent for the Lenders (“Agent”), and UNIFI, INC., a New York corporation (“Parent”), and UNIFI MANUFACTURING, INC., a North Carolina corporation, as borrowers (collectively, “Borrowers”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement. This LIBOR Notice represents Borrowers’ Borrower’s request to elect the LIBOR Option with respect to outstanding [Revolving Loans/Term Loans] Advances in the amount of $________ (the “LIBOR Rate Advance”)[, and is a written confirmation of the telephonic notice of such election given to Agent]. The LIBOR Rate Advance will have an Interest Period of [1 month1, 2, or 3] [2 months] [3 months] [6 months] month(s) commencing on , and represents a [conversion of a Base Rate Loan/continuation of a LIBOR Rate Loan] with an Interest Period ending on _____________. This LIBOR Notice further confirms Borrowers’ Borrower’s acceptance, for purposes of determining the rate of interest based on the LIBOR Rate under the Credit Agreement, of the LIBOR Rate as determined pursuant to the Credit Agreement. Borrowers represent Borrower represents and warrant warrants that (i) as of the date hereof, each representation or warranty contained in or pursuant to any Loan Document or any agreement, instrument, certificate, document or other writing furnished at any time under or in connection with any Loan Document, and as of the effective date of any advance, continuation or conversion requested above, is true and correct in all material respects (except to the extent any representation or warranty expressly related to an earlier date), (ii) each of the covenants and agreements contained in any Loan Document have been performed (to the extent required to be performed on or before the date hereof or each such effective date), and (iii) no Default or Event of Default has occurred and is continuing on the date hereof, nor will any thereof occur after giving effect to the request above. Well Fargo Capital Finance, LLC, as Agent Page 2 Dated: _________DELEK REFINING, 20__ UNIFI, INCLTD., on behalf of itself and the other Borrowers a Texas limited partnership, as Borrower By: Name: Title: Acknowledged by: WXXXX XXXXX FARGO BANKCAPITAL FINANCE, NATIONAL ASSOCIATIONLLC, a national banking associationDelaware limited liability company, as Agent By: Name: Title: Schedule 1.1 As used in the Agreement, the following terms shall have the following definitions: