Initial Lender on behalf of itself and the other Lenders, has agreed to make loans and extend credit to Borrower in order to (a) repay and refinance all of the BOK Obligors indebtedness and obligations to BOK under the BOK Credit, (b) extend further revolving credit loans to Borrower, which loans are convertible into a Term Loan, and (c) issue letters of credit for Borrower's account to assist Borrower with its working capital needs and to permit it to make additional acquisitions of equipment, which loans and credit facility will be secured by all of Borrower' s Collateral (hereinafter defined).
Initial Lender. FORTRESS CREDIT CORP., a Delaware corporation By: /s/ Xxxxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxxx Title: President Signature Page to the Credit Agreement ACKNOWLEDGED AND AGREED TO BY: FEE OWNERS: FELCOR LODGING LIMITED PARTNERSHIP By: FelCor Lodging Trust Incorporated, its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President FELCOR/CSS HOLDINGS, L.P. By: FelCor/CSS Hotels, L.L.C., its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President FELCOR/MM S-7 HOLDINGS, L.P. By: FelCor/MM S-7 Hotels, L.L.C., its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President FCH/PSH, L.P. By: FelCor/CSS Hotels, L.L.C., its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President
Initial Lender. Canadian Imperial Bank of Commerce as the initial Lender hereunder represents and warrants to the Company that it is a “qualified purchaser” under the Investment Company Act of 1940, as amended, and the rules promulgated thereunder.
Initial Lender. SWC SERVICES LLC, a Delaware limited liability company, as Initial Lender By: Name: Xxxxxxx Xxxx Its: Manager SIGNATURE PAGE – SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT SCHEDULE A TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Schedule A to the Second Amended and Restated Loan and Security Agreement is executed in conjunction with that certain Amended and Restated Loan and Security Agreement dated as of December 24, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among (a) CARBIZ AUTO CREDIT AQ, INC., a Florida corporation, CARBIZ USA INC., a Delaware corporation, CARBIZ AUTO CREDIT, INC., a Florida corporation, CARBIZ AUTO CREDIT JV1, LLC, a Florida limited liability company, and TEXAS AUTO CREDIT, INC., a Florida corporation, as Borrowers, (b) CARBIZ INC., an Ontario corporation, as a Guarantor, (c) SWC SERVICES LLC, a Delaware limited liability company, as Initial Lender, (d) the other Lenders from time to time party hereto, (e) SWC SERVICES LLC, a Delaware limited liability company, as Administrative Agent for the Lenders, and (f) AGM, LLC, a Delaware limited liability company, as Additional Collateral Agent for the Lenders. Capitalized terms used but not defined herein shall have the meanings given such terms in the Loan Agreement.
Initial Lender. The Parties acknowledge that pursuant to the First Transfer Certificate and the provisions of the Second Amended Facility Agreement the Initial Lender’s rights and obligations under the Second Amended Facility Agreement were assumed by Xxxxxx Xxxxxxx Principal Funding, Inc.; Xxxxxx Xxxxxxx Principal Funding, Inc. replaced the Initial Lender as a Lender; and the Initial Lender ceased to be a party to the Second Amended Facility Agreement thereby.
Initial Lender. 72 SECTION 15. GUARANTIES................................................72 ----------
Initial Lender. The Initial Lender represents and warrants --------------- to the Borrower that it is a financial institution having combined capital and surplus of at least $300,000,000.
Initial Lender. CIBC Inc. as the initial Lender hereunder represents and warrants to the Borrower that it is a “qualified purchaser” under the Investment Company Act of 1940, as amended, and the rules promulgated thereunder.
Initial Lender. The Lead Arranger.
Initial Lender. PHR LENDER LLC, a Delaware limited liability company By: Midtown Acquisitions GP LLC, its Manager By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Manager AGENT: PHR LENDER LLC, a Delaware limited liability company By: Midtown Acquisitions GP LLC, its Manager By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Manager JAMAICA BORROWER: HILMOBAY RESORT III, LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Authorized Signatory JAMAICA SECURITY GUARANTOR: HILMOBAY RESORT LIMITED By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Authorized Signatory DR BORROWER: PLAYA DOMINICAN RESORT III, LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Authorized Signatory DR SECURITY GUARANTOR: PLAYA DOMINICAN RESORT B.V. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Authorized Signatory SCHEDULE IV ALLOCATED LOAN AMOUNTS Individual Property Allocated Loan Amount DR Property $76,000,000 Jamaica Property $34,000,000
