Common use of Form of Clause in Contracts

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan Note C-2 Swing Line Note D Compliance Certificate E Assignment and Assumption F Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I Joinder Agreement J DDA Notification K Credit Card Notification L Blocked Account Agreement M General Notice N-1-4 Tax Compliance Certificates This CREDIT AGREEMENT (this “Agreement”) is entered into as of August 3, 2015, among ▇▇▇▇▇▇ & ▇▇▇▇▇, INC., a Delaware corporation (the “Lead Borrower”), the Persons signatory hereto as borrowers and named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agents, and CITIZENS BANK, N.A. and REGIONS BANK, as Co-Documentation Agents. The Borrowers have requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the LC Issuers have indicated their willingness to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Barnes & Noble Inc)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I J Joinder Agreement J DDA Notification K Credit Card Notification Closing Checklist L Blocked Account Intercreditor Agreement M General Notice N-1Payment Conditions Certificate N 13-4 Tax Compliance Certificates Week Cash Flow Forecast DB1/ 123795142.13 This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of August 3September 7, 20152021, among ▇▇▇▇▇▇ & ▇▇▇▇▇, INC.LLC, a Delaware corporation limited liability company (the “Lead Borrower” or the “Company”), the Persons signatory hereto as borrowers and Guarantors named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”)hereto, each lender Lender from time to time party hereto (collectivelyhereto, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agentseach L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A. and REGIONS BANKN.A., as Co-Documentation AgentsAgent, collateral agent and an L/C issuer. The Borrowers have Borrower has requested that the Lenders provide a revolving credit facilityamend and restated that certain Credit Agreement, dated as of August 21, 2018 (the “Original Credit Agreement”), by and among the Borrower and the Guarantors party thereto, the Agent, the lenders party thereto, and the other parties thereto. The Agent, the Lenders have indicated their willingness to continue to lend and the LC L/C Issuers have indicated their willingness to continue to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I J Joinder Agreement J DDA Notification K Credit Card Notification Closing Checklist L Blocked Account Intercreditor Agreement M General Notice N-1-4 Tax Compliance Certificates Payment Conditions Certificate This CREDIT AGREEMENT (this “Agreement”) is entered into as of August 321, 20152018, among ▇▇▇▇▇▇ & ▇V▇▇▇▇, INC.LLC, a Delaware corporation limited liability company (the “Lead Borrower”), the Persons signatory hereto as borrowers and Guarantors named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”)hereto, each lender Lender from time to time party hereto (collectivelyhereto, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agentseach L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A. and REGIONS BANKN.A., as Co-Documentation Agentsadministrative agent, collateral agent and an L/C issuer. The Borrowers have Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the LC L/C Issuers have indicated their willingness to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I J Joinder Agreement J DDA Notification K Credit Card Notification Closing Checklist L Blocked Account Intercreditor Agreement M General Notice N-1-4 Tax Compliance Certificates Payment Conditions Certificate DB1/ 120677560.3 This CREDIT AGREEMENT (this “Agreement”) is entered into as of August 321, 20152018, among ▇▇▇▇▇▇ & ▇V▇▇▇▇, INC.LLC, a Delaware corporation limited liability company (the “Lead Borrower”), the Persons signatory hereto as borrowers and Guarantors named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”)hereto, each lender Lender from time to time party hereto (collectivelyhereto, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agentseach L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A. and REGIONS BANKN.A., as Co-Documentation Agentsadministrative agent, collateral agent and an L/C issuer. The Borrowers have Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the LC L/C Issuers have indicated their willingness to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I J Joinder Agreement J DDA Notification K Credit Card Notification Closing Checklist L Blocked Account Agreement [Reserved] M General Notice N-1[Reserved] N 13-4 Tax Compliance Certificates Week Cash Flow Forecast This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of August 3September 7, 20152021, as amended on September 30, 2022, and as further amended on April 21, 2023, among ▇▇▇▇▇▇ & ▇▇▇▇▇, INC.LLC, a Delaware corporation limited liability company (the “Lead Borrower” or the “Company”), the Persons signatory hereto as borrowers and Guarantors named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”)hereto, each lender Lender from time to time party hereto (collectivelyhereto, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agentseach L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A. and REGIONS BANKN.A., as Co-Documentation AgentsAgent, collateral agent and an L/C issuer. The Borrowers have Borrower has requested that the Lenders provide a revolving credit facilityamend and restated that certain Credit Agreement, dated as of August 21, 2018 (the “Original Credit Agreement”), by and among the Borrower and the Guarantors party thereto, the Agent, the lenders party thereto, and the other parties thereto. The Agent, the Lenders have indicated their willingness to continue to lend and the LC L/C Issuers have indicated their willingness to continue to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Vince Holding Corp.)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Incremental Term Note B-3 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E [Deleted] F Borrowing Base Certificate G Security Form of Incremental Term Loan Agreement H Collateral Access Agreement I Joinder Agreement J DDA Notification K Credit Card Notification L Blocked Account Agreement M General Notice N-1-4 G-1 U.S. Tax Compliance Certificates Certificate (Form 1) G-2 U.S. Tax Compliance Certificate (Form 2) G-3 U.S. Tax Compliance Certificate (Form 3) G-4 U.S. Tax Compliance Certificate (Form 4) This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of August 3July 31, 20152017, among ▇▇▇▇▇▇ & ▇▇▇▇▇EQT Midstream Partners, INC.LP, a Delaware corporation limited partnership (the “Lead Borrower”), the Persons signatory hereto as borrowers and named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A.hereto, ▇▇▇▇▇ FARGO BANKFargo Bank, NATIONAL ASSOCIATIONNational Association, as Administrative Agent, Swing Line Lender, and SUNTRUST BANK, as Co-Syndication Agents, and CITIZENS BANK, N.A. and REGIONS BANK, as Co-Documentation Agents. The Borrowers have requested that the Lenders provide a revolving credit facilityan L/C Issuer, and the other L/C Issuers named herein. The Borrower, each of the Lenders have indicated their willingness other than the New Lenders, and ▇▇▇▇▇ Fargo Bank, National Association, as administrative agent, are party to lend that certain Amended and Restated Credit Agreement, dated as of February 18, 2014, as amended by that certain First Amendment to Amended and Restated Credit Agreement and Release of Guarantors dated as of January 22, 2015 (the “Existing Credit Agreement”). The Borrower and the LC Issuers have indicated their willingness Lenders wish to issue Letters of Credit, in each case amend and restate the Existing Credit Agreement 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:

Appears in 1 contract

Sources: Credit Agreement (EQT Midstream Partners, LP)

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C-1 Committed Loan B-1 Revolving Note C-2 B-2 Swing Line Note D C Compliance Certificate E D Assignment and Assumption E-1 Foreign Lender Exemption Certificate E-2 Foreign Lender U.S. Tax Compliance Certificate E-3 Alternative Form Foreign Lender U.S. Tax Compliance Certificate E-4 Foreign Partnership U.S. Tax Compliance Certificate F Closing and Solvency Certificate G Representations and Warranties Certificate H Credit Card Notification I Borrowing Base Certificate G Security Agreement H Collateral Access Agreement I J Joinder Agreement J DDA Notification K Credit Card Notification Closing Checklist L Blocked Account Intercreditor Agreement M General Notice N-1-4 Tax Compliance Certificates Payment Conditions Certificate This CREDIT AGREEMENT (this “Agreement”) is entered into as of August 321, 20152018, among ▇▇▇▇▇▇ & ▇▇▇▇▇, INC.LLC, a Delaware corporation limited liability company (the “Lead Borrower”), the Persons signatory hereto as borrowers and Guarantors named on Schedule 1.01 hereto (collectively, together with the Lead Borrower and such other Persons as may be joined as a borrower from time to time in accordance herewith, the “Borrowers”)hereto, each lender Lender from time to time party hereto (collectivelyhereto, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and SUNTRUST BANK, as Co-Syndication Agentseach L/C Issuer from time to time party hereto, and CITIZENS BANK, N.A. and REGIONS BANKN.A., as Co-Documentation Agentsadministrative agent, collateral agent and an L/C issuer. The Borrowers have Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the LC L/C Issuers have indicated their willingness to issue Letters of Credit, in each case 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:

Appears in 1 contract

Sources: Credit Agreement (Vince Holding Corp.)