Common use of Form of Clause in Contracts

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions CREDIT AGREEMENT This CREDIT AGREEMENT, dated as of August 1, 2007 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORS, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.

Appears in 2 contracts

Samples: Credit Agreement (Health Care Property Investors Inc), Credit Agreement (Hcp, Inc.)

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Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates THIRD AMENDED AND RESTATED CREDIT AGREEMENT This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "Agreement") is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("OLLC"), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company ("Global"), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("Montello"), XXXX HES CORP., a Delaware corporation ("Xxxx Hes"), CHELSEA SANDWICH LLC, a Delaware limited liability company ("Chelsea LLC"), GLP FINANCE CORP., a Delaware corporation ("Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("Alliance"), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company ("Cascade") and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation ("Xxxxxx" and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "Initial Borrowers" and each individually, an "Initial Borrower"), GLOBAL PARTNERS LP, a Delaware limited partnership (the “Borrower”"MLP"), the lending institutions party hereto each lender from time to time party hereto (each, a “Lender” and collectively, the "Lenders" and individually, a "Lender"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, N.A. and XXXXX FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BNP PARIBAS AND MUFG BANK, LTD. as Senior Managing Agent, andCo-Documentation Agents.

Appears in 1 contract

Samples: Credit Agreement (Global Partners Lp)

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate SECOND AMENDED AND RESTATED CREDIT AGREEMENT This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1September 20, 2007 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHEALTHPEAK PROPERTIES, INC.. (formerly known as HCP, Inc.), a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, GXXXXXX SACHS BANK USA, MIZUHO BANK, LTD., MXXXXX SXXXXXX SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Senior Managing AgentCo-Documentation Agents, KEY and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Appears in 1 contract

Samples: Credit Agreement (Healthpeak Properties, Inc.)

Form of. A Committed Loan Borrowing Notice B Swing Line Loan X X/C Certificate C Continuation/Conversion Notice C Negotiated Rate Loan Notice D D-1 Revolving Credit Note D-2 Term Note E Compliance Certificate F Assignment and Assumption G Opinions Assumption and Joinder H Sale Note THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AND GUARANTY AGREEMENT (as further amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) dated as of December 1, 2006, is among HEALTH CARE PROPERTY INVESTORSRELIANT ENERGY, INC., a Maryland Delaware corporation (the “Borrower”), the lending institutions party hereto other LOAN PARTIES referred to herein, as Guarantors, each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line LenderRevolving Credit Facility Agent, Term Facility Agent, Collateral Agent and Revolving Credit Syndication Agent, DEUTSCHE BANK AG, NEW YORK BRANCH, as Pre-Funded L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Facility Agent, BARCLAYS CAPITAL, as Joint Bookrunner Term Facility Syndication Agent and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Pre-Funded L/C Facility Syndication Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P.L.P. and XXXXXXX XXXXX CAPITAL CORPORATION, as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentAgents and Joint Book Runners for the Revolving Credit Facility, THE BANK OF NOVA SCOTIASCOTIA AND UBS LOAN FINANCE LLC, as Senior Managing AgentDocumentation Agents and Joint Book Runners for the Term Facility, CALYON NEW YORK BRANCHand ABN AMRO N.V., as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, Documentation Agent and SUNTRUST BANK, as Senior Managing Agent, andJoint Book Runner for the Pre-Funded L/C Facility.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Energy Inc)

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D D-1 Revolving Note D-2 Term Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate AMENDED AND RESTATED CREDIT AGREEMENT This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1May 23, 2007 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHCP, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON NEW YORK CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, XXXXXXX SACHS BANK USA, MIZUHO BANK, LTD., XXXXXX XXXXXXX SENIOR FUNDING, INC., and ROYAL BANK OF CANADA, as Senior Managing AgentCo-Documentation Agents, KEY and BRANCH BANKING & TRUST COMPANY, PNC BANK, NATIONAL ASSOCIATION, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Appears in 1 contract

Samples: Credit Agreement (Hcp, Inc.)

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X-0 Note X-0 Xxxx X-0 Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption G Opinions G-2 Administrative Questionnaire H Secured Party Designation Notice CREDIT AGREEMENT This CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) is entered into as of December 17, 2014, among HEALTH CARE PROPERTY INVESTORSEQUINIX, INC., a Maryland Delaware corporation (“Equinix” or the “Borrower”), EQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Delaware corporation and indirect wholly-owned Subsidiary of Equinix (“Equinix US”), and any other Person that executes a Joinder Agreement following the lending institutions party hereto [Second]Third Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, S&D and Equinix US, collectively, the “Guarantors” and individually, a “Guarantor”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, Lender and L/C Issuer Issuer, JPMORGAN CHASE BANK, N.A. and Alternative Currency Fronting LenderTD SECURITIES (USA) LLC, BANC as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF AMERICA CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arranger Arrangers and Joint BookrunnerBook Runners with respect to the Term B-1 Facility,[ and] CITIGROUP GLOBAL MARKETS, UBS INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation AgentArrangers with respect to the Term B[ Facility,]-1 Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX CREDIT PARTNERS L.P., as Documentation AgentINCORPORATED, JPMORGAN CHASE BANK, N.A., as Documentation AgentRBC CAPITAL MARKETS, WACHOVIA BANKTD SECURITIES (USA) LLC, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing AgentMUFG, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL and BARCLAYS BANK OF SCOTLAND PLC, as Senior Managing AgentJoint Lead Arrangers and Joint Book Runners with respect to the Term B-2 Facility, and SUNTRUST BANKING BANK N.V., HSBC SECURITIES (USA) INC. and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing AgentCo-Managers with respect to the Term B-2 Facility, and.with reference to the following facts: RECITALS

Appears in 1 contract

Samples: Credit Agreement (Equinix Inc)

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption G Opinions G-2 Administrative Questionnaire H Secured Party Designation Notice CREDIT AGREEMENT This CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) is entered into as of December 17, 2014, among HEALTH CARE PROPERTY INVESTORSEQUINIX, INC., a Maryland Delaware corporation (“Equinix” or the “Borrower”), EQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Delaware corporation and indirect wholly-owned Subsidiary of Equinix (“Equinix US”), and any other Person that executes a Joinder Agreement following the lending institutions party hereto date hereofSecond Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, S&D and S&DEquinix US, collectively, the “Guarantors” and individually, a “Guarantor”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, Lender and L/C Issuer Issuer, JPMORGAN CHASE BANK, N.A. and Alternative Currency Fronting LenderTD SECURITIES (USA) LLC, BANC as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF AMERICA CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, and XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arranger Arrangers and Joint BookrunnerBook Runners with respect to the Term B Facility, UBS and CITIGROUP GLOBAL MARKETS, INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead ArrangerArrangers with respect to the Term B Facility, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.with reference to the following facts:

Appears in 1 contract

Samples: Credit Agreement (Equinix Inc)

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Form of Assignment and Assumption G Opinions CREDIT AGREEMENT This CREDIT AGREEMENT, dated as of August 1March 11, 2007 2011 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHCP, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Syndication Agent, WACHOVIA BANKXXXXXXX LYNCH, NATIONAL ASSOCIATIONPIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Documentation AgentJoint Lead Arrangers and Joint Bookrunners, CITIBANK, N.A., XXXXX FARGO BANK, N.A.N.A. and UBS LOAN FINANCE, LLC, as Co-Documentation AgentAgents, THE BANK OF NOVA SCOTIAand CREDIT SUISSE AG, as Senior Managing Agent, CALYON NEW YORK CAYMAN ISLANDS BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing AgentCREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, XXXXXXX XXXXX SACHS BANK USA, as Senior Managing AgentXXXXXX XXXXXXX BANK, N.A. and THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Appears in 1 contract

Samples: Credit Agreement (Hcp, Inc.)

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Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates THIRD AMENDED AND RESTATED CREDIT AGREEMENT This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), XXXX HES CORP., a Delaware corporation (“Xxxx Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation (“Xxxxxx” and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC JPMORGAN CHASE BANK, N.A. as an L/C Issuer, BANK OF AMERICA SECURITIES LLCMONTREAL, as Joint Lead Arranger and Joint BookrunnerCAPITAL ONE, UBS SECURITIES LLCN.A., as Joint Lead ArrangerCITIZENS BANK, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation AgentN.A., JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA MUFG BANK, NATIONAL ASSOCIATIONLTD., as Documentation AgentCOOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SOCIETE GENERALE, TD BANK, N.A., and XXXXX FARGO BANK, N.A., N.A. as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, Co-Syndication Agents and SUNTRUST FIFTH THIRD BANK, SANTANDER BANK, N.A. and KEYBANK NATIONAL ASSOCIATION as Senior Managing Agent, andCo-Documentation Agents.

Appears in 1 contract

Samples: Credit Agreement (Global Partners Lp)

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate C-1 Revolving Credit Note C-2 Term Loan Notice Note D Revolving Note E Compliance Certificate F E Assignment and Assumption F Designated Borrower Request and Assumption Agreement G Opinions Designated Borrower Notice H Letter of Credit Report I Pricing Certificate J RPS Closing Date Officer’s Certificate K Confidentiality and Front Running Letter SECOND AMENDED AND RESTATED CREDIT AGREEMENT This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) is entered into as of July 30, 2018, among HEALTH CARE PROPERTY INVESTORSTETRA TECH, INC., a Maryland Delaware corporation (the “Company”), TETRA TECH CANADA HOLDING CORPORATION, TETRA TECH UK HOLDINGS LIMITED (formerly known as Cxxxxx UK Limited), TETRA TECH CXXXXX PTY LTD (formerly known as Cxxxxx Services Australia Pty Ltd) and CERTAIN OTHER SUBSIDIARIES OF THE COMPANY PARTY HERETO PURSUANT TO SECTION 2.14 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a “Borrower”), the lending institutions party hereto each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, Lender and an L/C Issuer and Alternative Currency Fronting LenderIssuer, BANC BANK OF AMERICA SECURITIES LLCMONTREAL, as Joint Lead Arranger and Joint Bookrunneran L/C Issuer, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA U.S. BANK, NATIONAL ASSOCIATION, as Documentation Agentan L/C Issuer, XXXXX and WXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.an L/C Issuer. RECITALS:

Appears in 1 contract

Samples: Credit Agreement (Tetra Tech Inc)

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X-0 Note X-0 Xxxx X-0 Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption G Opinions G-2 Administrative Questionnaire H Secured Party Designation Notice CREDIT AGREEMENT This CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) is entered into as of December 17, 2014, among HEALTH CARE PROPERTY INVESTORSEQUINIX, INC., a Maryland Delaware corporation (“Equinix” or the “Borrower”), EQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Delaware corporation and indirect wholly-owned Subsidiary of Equinix (“Equinix US”), and any other Person that executes a Joinder Agreement following the lending institutions party hereto Third Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, S&D and Equinix US, collectively, the “Guarantors” and individually, a “Guarantor”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, Lender and L/C Issuer Issuer, JPMORGAN CHASE BANK, N.A. and Alternative Currency Fronting LenderTD SECURITIES (USA) LLC, BANC as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF AMERICA CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arranger Arrangers and Joint BookrunnerBook Runners with respect to the Term B-1 Facility, UBS CITIGROUP GLOBAL MARKETS, INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation AgentArrangers with respect to the Term B-1 Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX CREDIT PARTNERS L.P., as Documentation AgentINCORPORATED, JPMORGAN CHASE BANK, N.A., as Documentation AgentRBC CAPITAL MARKETS, WACHOVIA BANKTD SECURITIES (USA) LLC, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing AgentMUFG, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL and BARCLAYS BANK OF SCOTLAND PLC, as Senior Managing AgentJoint Lead Arrangers and Joint Book Runners with respect to the Term B-2 Facility, and SUNTRUST BANKING BANK N.V., HSBC SECURITIES (USA) INC. and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing AgentCo-Managers with respect to the Term B-2 Facility, and.with reference to the following facts:

Appears in 1 contract

Samples: Credit Agreement (Equinix Inc)

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates THIRD AMENDED AND RESTATED CREDIT AGREEMENT This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), XXXX HES CORP., a Delaware corporation (“Xxxx Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation (“Xxxxxx” and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, N.A. and XXXXX FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIABNP PARIBAS, as Senior Managing AgentMUFG BANK, CALYON LTD., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Senior Managing Agent, andCo-Documentation Agents.

Appears in 1 contract

Samples: Credit Agreement (Global Partners Lp)

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