Lender Register. 98 ANNEX I -- Commitments ANNEX II -- Addresses ANNEX III -- Subsidiaries ANNEX IV -- ERISA ANNEX V -- Existing Liens ANNEX VI -- Existing Indebtedness ANNEX VII -- Existing Investments ANNEX VIII -- Governmental Approvals ANNEX IX -- Affiliate Transactions EXHIBIT A -- Form of Notice of Borrowing EXHIBIT B-1 -- Form of B Term Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Note EXHIBIT C -- Form of Section 3.04 Certificate EXHIBIT D-1 -- Form of Opinion of Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP EXHIBIT D-2 -- Form of Opinion of White & Case LLP EXHIBIT E -- Form of Officers' Certificate EXHIBIT F -- Form of Subsidiary Guaranty EXHIBIT G -- Form of Pledge Agreement EXHIBIT H -- Form of Solvency Certificate EXHIBIT I -- Form of Capital Contribution Agreement EXHIBIT J -- Form of Consent Letter EXHIBIT K -- Form of Assignment Agreement
Appears in 2 contracts
Sources: Credit Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Lender Register. 98 89 ANNEX I -- Commitments ANNEX II -- Lender and Agent Addresses ANNEX III -- Subsidiaries Government Approvals ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Properties ANNEX VI -- Existing Indebtedness ANNEX VII -- Insurance Policies ANNEX VIII -- Existing Liens ANNEX IX -- Existing Investments ANNEX VIII X -- Governmental Approvals Litigation ANNEX IX XI -- Affiliate Transactions Consolidated EBITDA Adjustments ANNEX XII -- Employee Benefit Plans ANNEX XIII -- Environmental Matters EXHIBIT A -- Form of Notice of Borrowing EXHIBIT B-1 -- Form of B Term Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Revolving Note EXHIBIT C -- Form of Letter of Credit Request EXHIBIT D -- Form of Section 3.04 4.04 Certificate EXHIBIT D-1 E-1 -- Form of Opinion of PaulWeil, Hastings, Gotshal & ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ , LLP EXHIBIT D-2 E-2 -- Form of Opinion of White & Case LLP EXHIBIT E F -- Form of Officers' Certificate EXHIBIT F G -- Form of Subsidiary Guaranty EXHIBIT G H -- Form of Pledge Agreement EXHIBIT H -- Form of Solvency Certificate EXHIBIT I -- Form of Capital Contribution Security Agreement EXHIBIT J -- Form of Consent Letter EXHIBIT K -- Form of Assignment AgreementAgreement (iv) CREDIT AGREEMENT, dated as of June 25, 1997, among NORTH ATLANTIC TRADING COMPANY, INC. (formerly known as North Atlantic Trading Acquisition Company, Inc.), a Delaware corporation, the lenders from time to time party hereto (each, a "Lender" and, collectively, the "Lenders"), GLEACHER NATWEST, INC., as Arranging Agent (the "Arranging Agent"), and NATIONAL WESTMINSTER BANK PLC, as Administrative Agent (the "Administrative Agent" and together with the Arranging Agent, collectively, the "Agents"). Unless otherwise defined herein, all capitalized terms used herein and defined in Section 10 are used herein as so defined.
Appears in 2 contracts
Sources: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Lender Register. 98 86 12.17 Amendment and Restatement of Existing Credit Agreement....... 86 ANNEX I -- Commitments ANNEX II -- Addresses ANNEX III -- Subsidiaries ERISA ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Indebtedness ANNEX VI -- Existing Indebtedness Insurance ANNEX VII -- Existing Investments Liens ANNEX VIII -- Governmental Approvals Existing Investments ANNEX IX -- Affiliate Transactions ANNEX X -- Existing Letters of Credit ANNEX XI -- Approvals EXHIBIT A -- Form of Notice of Borrowing Borrowing/Conversion EXHIBIT B-1 B -- Form of B Term Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Revolving Note EXHIBIT C -- Form of Letter of Credit Request EXHIBIT D -- Form of Section 3.04 5.04 Certificate EXHIBIT D-1 E -- Form of Opinion of Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP EXHIBIT D-2 -- Form of Opinion of White & Case LLP EXHIBIT E -- Form of Officers' Certificate EXHIBIT F -- Form of Subsidiary Guaranty Officer's Certificate EXHIBIT G -- Form of Amended and Restated Subsidiary Guaranty EXHIBIT H -- Form of Amended and Restated Pledge Agreement EXHIBIT H I -- Form of Amended and Restated Security Agreement EXHIBIT J -- Form of Solvency Certificate EXHIBIT I K -- Form of Amended and Restated Preferred Stock Issuance and Capital Contribution Agreement EXHIBIT J L -- Form of Consent Letter Amended and Restated Tax Sharing Agreement EXHIBIT K M -- Form of Assignment AgreementAgreement EXHIBIT N -- Form of MJD Preferred Stock Certificate of Designation EXHIBIT O -- Form of Compliance Certificate
Appears in 1 contract
Lender Register. 98 77 ANNEX I -- Commitments ANNEX II -- Bank Addresses ANNEX III -- Subsidiaries Government Approvals ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Properties ANNEX VI -- Existing Indebtedness ANNEX VII -- Existing Investments Insurance Policies ANNEX VIII -- Governmental Approvals Existing Liens ANNEX IX -- Affiliate Transactions Management Fees EXHIBIT A -- Form of Notice of Borrowing EXHIBIT B-1 B -- Form of B Term Note EXHIBIT B-2 C-1 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Note EXHIBIT C -- Form of Section 3.04 Certificate EXHIBIT D-1 -- Form of Opinion of Paul, Hastings, Winston & Stra▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP nion EXHIBIT D-2 C-2 -- Form of Opinion of White & Case LLP Opinion EXHIBIT D -- Form of Officers Certificate EXHIBIT E -- Form of Officers' Certificate Holdings TL Guaranty EXHIBIT F -- Form of Subsidiary Guaranty Amendment To Borrower Pledge Agreement EXHIBIT G -- Form of Pledge Amendment to Security Agreement EXHIBIT H -- Form of Solvency Certificate Amendment to Holdings Pledge Agreement EXHIBIT I -- Form of Capital Contribution Agreement Solvency Letter EXHIBIT J -- Form of Consent Letter Adjusted EBITDA EXHIBIT K -- Form of Assignment Agreement
Appears in 1 contract
Sources: Term Loan Agreement (Universal Outdoor Holdings Inc)
Lender Register. 98 92 12.17 Amendment and Restatement of Existing Credit Agreement....................................92 ANNEX I -- Commitments ANNEX II -- Addresses ANNEX III -- Subsidiaries ERISA ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Indebtedness ANNEX VI -- Existing Indebtedness Insurance ANNEX VII -- Existing Investments Liens ANNEX VIII -- Governmental Approvals Existing Investments ANNEX IX -- Affiliate Transactions ANNEX X -- Existing Letters of Credit ANNEX XI -- Approvals EXHIBIT A -- Form of Notice of Borrowing Borrowing/Conversion EXHIBIT B-1 -- Form of B Term Revolving Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Note EXHIBIT C -- Form of Letter of Credit Request EXHIBIT D -- Form of Section 3.04 5.04 Certificate EXHIBIT D-1 E -- Form of Opinion of Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP EXHIBIT D-2 -- Form of Opinion of White & Case LLP EXHIBIT E -- Form of Officers' Certificate EXHIBIT F -- Form of Subsidiary Guaranty Officer's Certificate EXHIBIT G -- Form of Amended and Restated Subsidiary Guaranty EXHIBIT H -- Form of Amended and Restated Pledge Agreement EXHIBIT H I -- Form of Amended and Restated Security Agreement EXHIBIT J -- Form of Solvency Certificate EXHIBIT I K -- Form of Amended and Restated Preferred Stock Issuance and Capital Contribution Agreement EXHIBIT J L -- Form of Consent Letter Amended and Restated Tax Sharing Agreement EXHIBIT K M -- Form of Assignment AgreementAgreement EXHIBIT N -- Form of Parent Preferred Stock Certificate of Designation EXHIBIT O -- Form of Compliance Certificate EXHIBIT P -- Form of Additional Revolving Commitment Agreement AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 20, 1999, as amended and restated as of March 27, 2000, and as further amended and restated as of November 9, 2000, among FAIRPOINT COMMUNICATIONS SOLUTIONS CORP. (formerly known as FairPoint Communications Corp.), a Delaware corporation (the "Borrower"), the lenders from time to time party hereto (each, a "Lender" and, collectively, the "Lenders"), BANC OF AMERICA SECURITIES LLC and FIRST UNION SECURITIES, INC., as Co-Arrangers and Co-Book Managers (each, a "Co-Arranger" and together, the "Co-Arrangers"), BANK OF AMERICA, N.A., as Syndication Agent (the "Syndication Agent"), BANKERS TRUST COMPANY, as Documentation Agent (the "Documentation Agent"), and FIRST UNION NATIONAL BANK, as Administrative Agent (the "Administrative Agent"). Unless otherwise defined herein, all capitalized terms used herein and defined in Section 1 are used herein as so defined.
Appears in 1 contract
Lender Register. 98 92 ANNEX I -- Commitments ANNEX II -- Bank Addresses ANNEX III -- Subsidiaries Government Approvals ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Properties ANNEX VI -- Existing Indebtedness ANNEX VII -- Existing Investments Insurance Policies ANNEX VIII -- Governmental Approvals Existing Liens ANNEX IX -- Affiliate Transactions Management Fees EXHIBIT A A-1 -- Form of Notice of Borrowing EXHIBIT A-2 -- Form of Letter of Credit Request EXHIBIT B-1 -- Form of B Term AR Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate Revolving Note EXHIBIT B-3 -- Form of C Term Note-Fixed Rate Swingline Note EXHIBIT B-4 C-1 -- Form of RF Note Borrower Pledge Agreement EXHIBIT B-5 C-2 -- Form of AF Note EXHIBIT C -- Form of Section 3.04 Certificate Amendment to Borrower Pledge Agreement EXHIBIT D-1 -- Form of Opinion of Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP Holdings Pledge Agreement EXHIBIT D-2 -- Form of Opinion of White & Case LLP Amendment to Holdings Pledge Agreement EXHIBIT E E-1 -- Form of Officers' Certificate Security Agreement (iv) EXHIBIT E-2 -- Form of Amendment to Security Agreement EXHIBIT F -- Form of Subsidiary Holdings Guaranty EXHIBIT G -- Form of Pledge Agreement Adjusted EBITDA EXHIBIT H -- Form of Solvency Certificate EXHIBIT I -- Form of Capital Contribution Agreement EXHIBIT J -- Form of Consent Letter EXHIBIT K -- Form of Assignment Agreement
Appears in 1 contract
Lender Register. 98 86 11.17 Gaming Authorities, etc............................................ 87 ANNEX I -- Commitments ANNEX II -- Lenders and Agents Addresses ANNEX III -- Subsidiaries Government Approvals ANNEX IV -- ERISA Subsidiaries ANNEX V -- Existing Liens Properties ANNEX VI -- Existing Indebtedness ANNEX VII -- Insurance Policies ANNEX VIII -- Existing Liens ANNEX IX -- Existing Investments ANNEX VIII X -- Governmental Approvals ANNEX IX -- Affiliate Transactions Litigation EXHIBIT A A-1 -- Form of Notice of Borrowing Construction Loans EXHIBIT A-2 -- Form of Notice of Term Conversion EXHIBIT A-3 -- Form of Notice of Revolving Loans EXHIBIT B-1 -- Form of B Term First Mortgage Note EXHIBIT B-2 -- Form of C Term Note-Floating Rate EXHIBIT B-3 -- Form of C Term Note-Fixed Rate EXHIBIT B-4 -- Form of RF Note EXHIBIT B-5 -- Form of AF Revolving Note EXHIBIT C -- Form of Section 3.04 Certificate EXHIBIT D-1 -- Form of Opinion of Paul, Hastings, Lion▇▇▇ ▇▇▇▇▇▇ & ▇oll▇▇▇ ▇▇▇▇▇ LLP EXHIBIT IBIT D-2 -- Form of Opinion of White & Case LLP EXHIBIT D-3 -- Form of Opinion of Schr▇▇▇ ▇▇▇ Morr▇▇ ▇▇▇IBIT E -- Form of Officers' Officer's Certificate EXHIBIT F F-1 -- Form of Disbursement Agreement EXHIBIT F-2 -- Form of Mortgage Notes Proceeds Agreement EXHIBIT F-3 -- Form of Interest Escrow Agreement (iv) 6 EXHIBIT F-4 -- Form of CC Continuation Agreement EXHIBIT G -- Form of Subsidiary Guaranty EXHIBIT G H -- Form of Pledge Agreement EXHIBIT H -- Form of Solvency Certificate EXHIBIT I -- Form of Capital Contribution Security Agreement EXHIBIT J -- Form of Consent Letter EXHIBIT K -- Form of Assignment Agreement
Appears in 1 contract