NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
Appears in 2 contracts
Samples: Credit Agreement (Pillowtex Corp), Term Credit Agreement (Pillowtex Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION [Signature pages follow] EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: /s/ Jo Xxxxx Xxxxxxxxx Name: Jo Xxxxx Xxxxxxxxx Title: Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Officer ROYAL BANK OF CANADA, as a Lender By: /s/ Xxx X. XxxxxxxxxxxXxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory BNP PARIBAS, XX as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director and By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY AMERICA, N.A., successor by merger to Fleet National Bank, as a Lender By: Xxxxxx /s/ Xxxx X. Xxx Xxxxxxx Name: Xxxx X. Xxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO Vice President COMERICA BANK, as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: /s/ Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY ByName: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA FORTIS CAPITAL CORP., as a Lender By: B. Xxxx Xxxxx /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH Director and By: Hussein B. El-/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President GUARANTY FEDERAL Director MIZUHO CORPORATE BANK, F.S.B. LTD., as a Lender By: Xxxxxx X. /s/ Xxxx Mo Name: Xxxx Mo Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION XXXXX FARGO BANK, N.A., as a Lender By: Xxxxxx X. Xxxxxxxxx Name: Title: SOCIETE GENERALECAPITAL ONE N.A., SOUTHWEST AGENCY as a Lender By: Xxxxxx Xxxxxxxx Name: Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President:
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER Executed and delivered as of the day and year first above written. BORROWER: DOSKXXXX XXXUFACTURING COMPANY, INC. SIGNATURE PAGE to Limited Forbearance Agreement dated as of February 14, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By /s/ JOHN X. XXXXXXX -------------------- John X. Xxxxxxx XXX Managing Director SIGNATURE PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By: Xxxxx Xxxxxxx Title: Vice President/Treasurer to Limited Forbearance Agreement dated as of February 14, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. LENDERS BANK OF AMERICA, N.A. (formerly known By /s/ JOHN X. XXXXXXX -------------------- John X. Xxxxxxx XXX Managing Director SIGNATURE PAGE to Limited Forbearance Agreement dated as NationsBankof February 14, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent Agent, and as a Lender, Swing Line Bank and Issuing Bank Bythe Lenders party thereto. COMERICA BANK By /s/ ROBIX X. XXXX -------------------- Name: Xxxxxxx ROBIX X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat XXXX ---------------- Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI--------------- SIGNATURE PAGE to Limited Forbearance Agreement dated as of February 14, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE2001, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management among Doskxxxx Xxxufacturing Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management CompanyBank of America, Inc.N.A., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANYAdministrative Agent, INCand the Lenders party thereto. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (HSBC BANK USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
Appears in 1 contract
Samples: Limited Forbearance Agreement (Doskocil Manufacturing Co Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION [Balance of this page intentionally left blank.] EXECUTED as of the day and year first above written. BORROWER: MAGNUM HUNTER RESOURCES, INC. By: ______________________________________________ Xxxxx Xxxxxxx TitleXxxx Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank BANKERS TRUST COMPANY By: Xxxxxxx ______________________________________________ Xxxxxx X. Xxxxxxxxxxx, XX TitleXxxxxxxxxx Principal SYNDICATION AGENT: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY CIBC INC. By: Xxxxxx ______________________________________________ Xxxxx X. Xxx Xxxxxxx TitleAuthorized Signatory DOCUMENTATION AGENT AND COLLATERAL AGENT: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO PARIBAS By: ______________________________________________ Xxxxx X. Xxxxxx Director -and- By: ______________________________________________ Xxxxxxx X. Xxxxxx Title: First Vice President ISSUING BANK: BANKERS TRUST COMPANY By: ______________________________________________ Xxxxxx X. Xxxxxxxxxx, Principal BANKS: BANKERS TRUST COMPANY By: ______________________________________________ Xxxxxx X. Xxxxxxxxxx, Principal CIBC INC. By: ______________________________________________ Xxxxx X. Xxxxxxx, Authorized Signatory PARIBAS By: ______________________________________________ Xxxxx X. Xxxxxx, Director -and- By: ______________________________________________ Xxxxxxx X. Xxxxxx, Vice President TORONTO DOMINION (TEXAS) INC. By: ______________________________________________ XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: ______________________________________________ Xxxxxxx X. Xxxxxxx, Vice President COMERICA BANK ByACKNOWLEDGEMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of the First Amendment, (ii) confirms and ratifies the terms of the Second Amended and Restated Subsidiary Guaranty, (iii) acknowledges and agrees that its consent is not required for the effectiveness of the First Amendment and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Credit Documents and (c) it has reviewed a copy of the First Amendment. Executed as of September 11, 1998. GUARANTORS: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHIHUNTER GAS GATHERING, LTDINC. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONEGRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL INC. CONMAG ENERGY CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCERAMPART PETROLEUM, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. _______________________________________ Xxxxx Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Chief Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentOfficer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE-------- MAGNUM HUNTER RESOURCES, INC. By: Xxxxxxx X. Xxxxxxx Title---------------------------------------------------- Name: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx TitleChris Tong Xxxxx: Senior Vice President THE PRUDENTIAL INSURANCE Chief Financial Officer AGENTS, BANKS AND ISSUER DEUTSCHE BANK TRUST COMPANY OF AMERICA AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By ---------------------------------------------- Name: Title: CIBC INC., as Syndication Agent and a Bank By ---------------------------------------------- Name: Title: BNP PARIBAS, as Documentation Agent and a Bank By: B. Xxxx Xxxxx ---------------------------------------------- Name: Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH - and - By: Hussein B. El-Xxxxx ---------------------------------------------- Name: Title: Vice President GUARANTY FEDERAL FORTIS CAPITAL CORP., as a Bank By: ---------------------------------------------- Name: Title: - and - By: ---------------------------------------------- Name: Title: BANK OF SCOTLAND, as a Bank By: ---------------------------------------------- Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ---------------------------------------------- Name: Title: UNION BANK OF CALIFORNIA, N.A., as a Bank By: ---------------------------------------------- Name: Title: COMPASS BANK, F.S.B. as a Bank By: Xxxxxx X. Xxxx ---------------------------------------------- Name: Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION COMERICA BANK - TEXAS, as a Bank By: Xxxxxx X. Xxxxxxxxx ---------------------------------------------- Name: Title: SOCIETE GENERALEWASHINGTON MUTUAL BANK, SOUTHWEST AGENCY FA, as a Bank By: Xxxxxx Xxxxxxxx ---------------------------------------------- Name: Title: Director CONSENTED TO BY: KZH WATERSIDE LLC HIBERNIA NATIONAL BANK, as a Bank By: Xxxxx Xxx ---------------------------------------------- Name: Title: Authorized Agent SENIOR DEBT PORTFOLIO U.S. BANK NATIONAL ASSOCIATION, as a Bank By: Boston Management and Research as Investment Advisor By---------------------------------------------- Name: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENTBMO NESBITT BURNS FINANCING, INC., as Collateral Manager a Bank By: Xxxxxx X. Xxxxxx ---------------------------------------------- Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTD. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Bank By: BHF (USA) CAPITAL CORPORATION---------------------------------------------- Name: Title: SOUTHWEST BANK OF TEXAS N.A., acting as attorney-in-fact a Bank By: Xxx Xxxxxxxxxxx ---------------------------------------------- Name: Title: Assistant Vice President STERLING BANK, as a Bank By: Xxxxx Xx ---------------------------------------------- Name: Title: Associate INDOSUEZ CAPITAL FUNDING IIAACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Sixth Amendment to Fourth Amended and Restated Credit Agreement dated as of May 2, LIMITED By: INDOSUEZ CAPITAL 2003 (the "Sixth Amendment"), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Sixth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Sixth Amendment. Executed to be effective as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentof May 2, 2003.
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT, THE CREDIT AGREEMENT, THE NOTES, AND THE OTHER LOAN ------------------ DOCUMENTS DOCUMENTS, AS MODIFIED AND AMENDED HEREBY, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED this 20th day of December, 2007 to be effective as of the date first written above. BORROWER: CENTERLINE MORTGAGE CAPITAL INC., a Delaware corporation By: __/s/ Xxxxx X. Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICAName:___James X. Xxxxxxx Title:____Chief Executive Officer CENTERLINE MORTGAGE PARTNERS INC., N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Delaware corporation By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: __/s/ Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx Name:___James X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENTTitle:____Chief Executive Officer CITICORP USA, INC., as Collateral Manager Agent By: Xxxxxx X. Xxxxxx Title__/s/ Xxxx Xxxxxxxx Name:___Amir Kirkwood Title:____Vice President CITICORP USA, INC., as a Lender By: __/s/ Xxxx Xxxxxxxx Name:___Amir Kirkwood Title:____Vice President SUNTRUST BANK, a Georgia banking corporation, as a Lender By: ___/s/ Xxxxxxx Xxxxx Name:_Derrick Xxxxx Title:__First Vice President BALANCED HIGH-YIELD FUND I LTD. WACHOVIA BANK, N.A., a national banking association., as a Lender By: BHF (____/s/ Xxxxxxxx X. Xxxxxxxxx Name:__Filomena X. Xxxxxxxxx Title:___Vice President Schedule 1 – Lenders and Commitments Lender Commitment Amount Commitment Percentage Citicorp USA) CAPITAL CORPORATION., acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIAInc. $70,000,000 46.666667% SunTrust Bank $50,000,000 33.333333% Wachovia Bank, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentN.A. $30,000,000 20%
Appears in 1 contract
Samples: Credit and Security Agreement (Centerline Holding Co)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION [Remainder of page left intentionally blank. Signature pages follow.] IN WITNESS WHEREOF, the Borrowers, the Required Lenders, the Documentation Agent and the Administrative Agent have executed this Amendment as of the date first above written. BORROWER: PXXXXX WORLDWIDE, INC. By: Xxxxx Xxxxxxx /s/ Pxxxxx X. Xxxxxxxxxxx Name: Pxxxxx X. Xxxxxxxxxxx Title: Chief Executive Officer SIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT GUARANTY BANK, as Administrative Agent, a Lender, Letter of Credit Issuer and Swing Line Lender By: /s/ Axxxxx Xxxx Name: Axxxxx Xxxx Title: Vice President/Treasurer President SIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent and a Lender By: /s/ Exxx X. Xxxxx Name: Exxx X. Xxxxx Title: Senior Vice President SIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: /s/ Gxxxxxxx Xxxxxxx X. Xxxxxxxxxxx, XX TitleName: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Gxxxxxxx Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA SIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT REGIONS BANK By: B. Xxxx Xxxxx Title/s/ Wxxx Xxxxxx Name: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Wxxx Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION SIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT SOVEREIGN BANK By: Xxxxxx /s/ Cxxxx X. Xxxxxxxxx TitleXxxxx Name: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Cxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Executive Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentSIGNATURE PAGE TO SIXTH AMENDMENT TO CREDIT AGREEMENT
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By[Intentionally Left Blank; Signature Page Follows] First Amendment to Credit Agreement EXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK HOME SOLUTIONS OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx /s/ Jxxxxxx X. Xxxxxxx TitleJxxxxxx X. Xxxxxxx Chief Financial Officer ADMINISTRATIVE AGENT: Senior Associate TEXAS CAPITAL BANK, N.A. By: Xxxxxxx /s/ Rxxxxx X. Xxxx TitleXxxxx Rxxxxx X. Xxxxx Executive Vice President First Amendment to Credit Agreement — Signature Page LENDERS: Senior Associate THE FUJI TEXAS CAPITAL BANK, LTD. NATIONAL ASSOCIATION, as Lender By: Xxxx /s/ Rxxxxx X. Xxxxx Title: Rxxxxx X. Xxxxx Executive Vice President & Manager NATIONAL BANK OF CANADA Address for Notices: 2000 XxXxxxxx Xxxxxx, Suite 900 Dallas, TX 75201 Phone No.: (000) 000-0000 Fax No.: (000) 000-0000 Attention: Rxxxxx X. Xxxxx e-mail: rxx.xxxxx@xxxxxxxxxxxxxxxx.xxx First Amendment to Credit Agreement — Signature Page AMEGY BANK, N.A., as Lender By: Xxxx Xxxxxxx Title: /s/ Sxxxxxxxx Xxxxxx Sxxxxxxxx Xxxxxx Vice President ByAddress for Notices: 1000 Xxxx Xxxxxx, Suite 400 Dallas, Texas 75201 Phone No.: (signature illegible000) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El000-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By0000 Fax No.: (signature illegible000) Title000-0000 Attention: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentSxxxxxxxx Xxxxxx
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT, THE COMBINED CREDIT AGREEMENTS, AS AMENDED HEREBY, AND THE OTHER COMBINED LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX [SIGNATURES BEGIN ON FOLLOWING PAGE] IN WITNESS WHEREOF, the U.S. Borrower, the Canadian Borrowers, the Combined undersigned Lenders, the Global Administrative Agent, and the other "agents" under the Combined Credit Agreements have executed this Amendment as of the date first above written. U.S. BORROWER FOREST OIL CORPORATION By: Xxxxx Xxxxxxx /s/ XXXXXXXX X. XXXXXXX Name: Xxxxxxxx X. XxXxxxx Title: Vice President/Treasurer CANADIAN BORROWER CANADIAN FOREST OIL LTD. By: /s/ XXXXX X. GOOD Name: Xxxxx X. Good Title: President AGENTS AND COMBINED LENDERS JPMORGAN CHASE BANK, successor to The Chase Manhattan Bank, as Global Administrative Agent, as a U.S. Lender and as a Technical Lender By: /s/ XXXXXX X. XXXXXXXXXXX Name: Xxxxxx X. Xxxxxxxxxxx Title: Managing Director BANK OF AMERICA, N.A. (formerly known N.A., as NationsBankU.S. Syndication Agent, as a U.S. Lender and as a Technical Lender By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Principal CITIBANK, N.A., successor by merger to NationsBank of Texas, N.A.)as U.S. Documentation Agent, as Administrative Agent a U.S. Lender and as a Lender, Swing Line Bank and Issuing Bank Technical Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /s/ JORONNE XXXXX Name: Joronne Xxxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY MONTREAL, as a U.S. Lender By: Xxxxxx /s/ XXXXX X. Xxx Xxxxxxx TitleXXXXXX Name: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx Xxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK Director TORONTO DOMINION (TEXAS), NATIONAL ASSOCIATION INC., as a U.S. Lender By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By/s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: Vice President ABN AMRO BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEN.V., INC. as a U.S. Lender By: Xxxxxxx /s/ XXXXX X. Xxxxxxx TitleXXXXX, XX. Name: Senior Associate By: Xxxxxxx Xxxxx X. Xxxx Title: Senior Associate THE FUJI BANKXxxxx, LTDXx. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) /s/ XXXXX X.X. XXX XXXX Name: Xxxxx X.X. Xxx Xxxx Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY SCOTLAND, as a U.S. Lender By: /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: First Vice President BANK ONE, NA (Main Office Chicago), as a U.S. Lender By: /s/ J. XXXXX XXXXXX Name: J. Xxxxx Xxxxxx Title: Director, Capital Markets XXXXXX BANK PLC, as a U.S. Lender By: Name: Title: By: Name: Title: FORTIS CAPITAL CORP., as a U.S. Lender By: Name: Title: By: Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a U.S. Lender By: /s/ XXXXXXX X. PURCHASE Name: Xxxxxxx X. Purchase Title: Vice President BNP PARIBAS, formerly Paribas, as a U.S. Lender By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Vice President By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Vice President CREDIT AGRICOLE INDOSUEZ, as a U.S. Lender By: Name: Title: By: Name: Title: CREDIT SUISSE FIRST BOSTON, Acting Through Its Cayman Islands Branch, as a U.S. Lender By: /s/ S. XXXXXXX XXX Name: S. Xxxxxxx Xxx Title: Director By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Associate COMPASS BANK, as a U.S. Lender By: /s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Title: Executive Vice President MIZUHO CORPORATE BANK, formerly The Fuji Bank, Limited, as a U.S. Lender MIZUHO CORPORATE BANK, formerly The Industrial Bank of Japan, Limited, New York Branch, as a U.S. Lender By: Name: Title: THE BANK OF NEW YORK, as a U.S. Lender By: /s/ XXXX X. XXXX Name: Xxxx X. Xxxx Title: Vice President HIBERNIA NATIONAL BANK, as a U.S. Lender By: /s/ X. XXXXXXX Name: Xxxxx Xxxxxxx Title: Vice President UFJ BANK, formerly known as The Sanwa Bank, Limited, as a U.S. Lender By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA SOCIETE GENERALE, SOUTHWEST AGENCY, as a U.S. Lender By: B. Name: Title: ING CAPITAL LLC, as a U.S. Lender By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director COMERICA BANK, successor by merger with Comerica Bank-Texas, as a U.S. Lender By: /s/ XXXXXX XXXXX Name: Xxxxxx X. Xxxxx Title: Vice President—Texas Division X.X. XXXXXX BANK CANADA, successor to The Chase Manhattan Bank of Canada, as resigning Canadian Administrative Agent By: /s/ X. XXXXXXXX Name: Xxxx Xxxxx XxXxxxxx Title: Vice President JPMORGAN CHASE BANK, TORONTO BRANCH, as replacement Canadian Administrative Agent By: /s/ X. XXXXXXXX Name: Xxxx XxXxxxxx Title: Vice President JPMORGAN CHASE BANK, TORONTO BRANCH, as a Canadian Lender By: /s/ X. XXXXXXXX Name: Xxxx XxXxxxxx Title: Vice President BANK POLSKA KASA OPIEKIOF MONTREAL, S.A., NEW YORK BRANCH as Canadian Syndication Agent and as a Canadian Lender By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx /s/ XXXXX X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC ByXXXXXX Name: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGHDirector THE TORONTO-YIELD FUND I LTD. DOMINION BANK, as Canadian Documentation Agent and as a Canadian Lender By: BHF (USA) CAPITAL CORPORATION/s/ P. KANJI Name: Parin Kanji Title: Assistant Manager—Corporate Credit BANK OF AMERICA, acting N.A., Canada Branch, as attorney-in-fact a Canadian Lender By: Xxx Xxxxxxxxxxx /s/ XXXXXX SALES XX XXXXXXX Name: Xxxxxx Sales xx Xxxxxxx Title: Assistant Vice President WASHINGTON MUTUAL BANK, FA, as a U.S. Lender By: Xxxxx Xx Name: Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentQuickLinks
Appears in 1 contract
Samples: Forest Oil Corp
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT CONSENT AND THE AMENDMENT AND ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx /s/ Xxx X. Xxxxxxxxxxx, XX TitleXxxxxx Name: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS)Associate Director WACHOVIA BANK, NATIONAL ASSOCIATION ASSOCIATION, as a Lender By: Xxxxx Fruenat /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President COMERICA Director ROYAL BANK OF CANADA, as a Lender By: /s/ Xxxxx Xxxx X. Name: Xxxxx Xxxx Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH and By: Xxxx-/s/ Xxxxxxx Van Essche X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President THE BANK OF TOKYO-MITSUBISHIFLEET NATIONAL BANK, LTD. as a Lender By: /s/ Xxxxxxx I. R. Xxxxxxx Name: Xxxxxxx I. R. Xxxxxxx Title: Director COMERICA BANK, as a Lender By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. XxXxxx Xxxx Title: Sr. Vice President UFJ BANK LIMITED, as a Lender By: /s/ X. X. Xxxxxxx Name: X. X. Xxxxxxx Title: Vice President & Manager BANK ONEFORTIS CAPITAL CORP., TEXAS, N.A. as a Lender By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By/s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Xxxxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A.and By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, "RABOBANK NEDERLAND"LTD., NEW YORK BRANCH as a Lender By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Senior Credit Officer Vice President XXXXX FARGO BANK, N.A., as a Lender By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: SOCIETE GENERALECIBC INC., SOUTHWEST AGENCY as Syndication Agent and a Bank By: Xxxxxx Xxxxxxxx ________________________ Name: Title: Director CONSENTED TO BYBNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: KZH WATERSIDE LLC Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: Xxxxx Xxx ________________________ Name: Title: Authorized Agent SENIOR DEBT PORTFOLIO BANK OF NOVA SCOTIA, as a Bank By: Boston Management and Research ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A., as Investment Advisor a Bank By: Xxxxx X. Page ________________________ Name: Title: Vice President AERIES FINANCE-II LTD. COMPASS BANK, as a Bank By: INVESCO Senior Secured Management________________________ Name: Title: COMERICA BANK - TEXAS, Inc. as Sub-Managing Agent a Bank By: (signature illegible) ________________________ Name: Title: Vice President CYPRESSTREE INVESTMENT PARTNERS IWASHINGTON MUTUAL BANK, LTD.FA, as a Bank By: CypressTree Investment Management Company, Inc.__________________________ Name: Title: HIBERNIA NATIONAL BANK, as Portfolio Manager a Bank By: Xxxxxxx X. Xxxxx __________________________ Name: Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND U.S. BANK NATIONAL ASSOCIATION, as a Bank By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By__________________________ Name: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENTBMO XXXXXXX XXXXX FINANCING, INC., as Collateral Manager a Bank By: Xxxxxx X. Xxxxxx __________________________ Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTDAUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Bank By: __________________________ Name: Title: SOUTHWEST BANK OF TEXAS N.A., as a Bank By: __________________________ Name: Title: STERLING BANK, as a Bank By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Sixth Amendment to Fourth Amended and Restated Credit Agreement dated as of May 2, 2003 (the “Sixth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Sixth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Sixth Amendment. Executed to be effective as of May 2, 2003. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: BHF (USA) CAPITAL CORPORATION/s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President and Chief Financial Officer PRIZE ENERGY RESOURCES, acting as attorney-in-fact L.P. By: Xxx Xxxxxxxxxxx TitlePrize Operating Company, as its general partner By:_________________________ Name: Assistant Senior Vice President Byand Chief Financial Officer ATTACHMENT 1 Schedule III-B PERCENTAGES Bank Percentage Deutsche Bank Trust Company Americas 7 .50000000% CIBC Inc. 7 .50000000% BNP Paribas 7 .50000000% Fortis Capital Corp. 7 .00000000% Bank of Nova Scotia 7 .00000000% Bank of Scotland 7 .00000000% BMO Xxxxxxx Xxxxx Financing, Inc. 7 .00000000% Union Bank of California, N.A 6 .66666667% Washington Mutual Baxx, XX 0 .00000000% Australia and New Zealand Banking Group Limited 6 .00000000% Comerica Bank - Texas 5 .00000000% Compass Bank 5 .00000000% U.S. Bank National Association 5 .33333333% Hibernia National Bank 4 .00000000% Southwest Bank of Texas, N.A 4 .00000000% Sterling Bank 2 .00000000% Totals 100 .00000000% ATTACHMENT 2 Address for Notices: Institution Name: Attention: Telephone: Facsimile: BMO Xxxxxxx Xxxxx Xx TitleFinancing, Inc. BMO Xxxxxxx Xxxxx Financing, Inc. Xxxxx Xxxxxx 700 Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 Domestic Office: Associate INDOSUEZ CAPITAL FUNDING IIATelephone: Facsimile: 700 Xxxxxxxxx, LIMITED ByXxxxx 0000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 LIBOR Office: INDOSUEZ CAPITAL as Portfolio Manager ByTelephone: Facsimile: 700 Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 Attachment 2 - Page 1 Address for Notices: Institution Name: Attention: Telephone: Facsimile: Australia and New Zealand Banking Group Limited Australia and New Zealand Banking Group Limited Xxxxxx Sloecklein 1177 Avenue of the Amxxxxxx 0xx Xxxxx Xxx Xxxx, XX 00000 000-000-0000 000-000-0000 Domestic Office: Telephone: Facsimile: 1100 Xxxxxx xx xxx Xxxxxxxx 0xx Xxxxx Xxx Xxxx, XX 00000 000-000-0000 000-000-0000 LIBOR Office: Telephone: Facsimile: 1100 Xxxxxx xx xxx Xxxxxxxx 0xx Xxxxx Xxx Xxxx, XX 00000 000-000-0000 000-000-0000 Address for Notices: Institution Name: Attention: Telephone: Facsimile: Southwest Bank of Texas N.A. Southwest Bank of Texas N.A. W. Xxxxx Xxxxxxx 4400 Xxxx Xxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 Domestic Office: Telephone: Facsimile: 4400 Xxxx Xxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 LIBOR Office: Telephone: Facsimile: 4400 Xxxx Xxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 Attachment 2 - Page 3 Address for Notices: Institution Name: Attention: Telephone: Facsimile: Sterling Bank Sterling Bank Xxxxxxx Xxxxxx Title2500 Xxxxx Xxxx Xxxx Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 Domestic Office: Vice PresidentTelephone: Facsimile: 2500 Xxxxx Xxxx Xxxx Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000 LIBOR Office: Telephone: Facsimile: 2500 Xxxxx Xxxx Xxxx Xxxxx 000 Xxxxxxx, Xxxxx 00000 000-000-0000 000-000-0000
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByThis Agreement amends and restates in its entirety the Existing Forbearance Agreement. Executed and delivered as of the day and year first above written. BORROWER: Xxxxx DOSXXXXX XXNUFACTURING COMPANY, INC. By /s/ SUSXX XXXXXXX --------------------------------------- Name: Susxx Xxxxxxx --------------------------------- Title: Vice President/Treasurer V.P. and Chief Financial Officer -------------------------------- SIGNATURE PAGE to Amended and Restated Limited Forbearance Agreement dated as of June 29, 2001, among Dosxxxxx Xxnufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ADMINISTRATIVE AGENT AND LENDER: BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Lender By /s/ JOHX X. XXXXXXX XXI --------------------------------------- Johx X. Xxxxxxx X. Xxxxxxxxxxx, XX Title: XXI Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS)SIGNATURE PAGE to Amended and Restated Limited Forbearance Agreement dated as of June 29, NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI2001, LTDamong Dosxxxxx Xxnufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By., as a Lender By /s/ PETXX X. XXXXXX --------------------------------------- Name: Xxxxxxx Petxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Xxxxxx --------------------------------- Title: Vice President & Manager NATIONAL BANK OF CANADA By-------------------------------- By /s/ STAXXXX X. Xxxxxxxxx --------------------------------------- Name: Xxxx Xxxxxxx Staxxxx X. Xxxxxxxxx --------------------------------- Title: Vice President By-------------------------------- SIGNATURE PAGE to Amended and Restated Limited Forbearance Agreement dated as of June 29, 2001, among Dosxxxxx Xxnufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. COMERICA BANK, as a Lender By /s/ ROBXX XXXX --------------------------------------- Name: (signature illegible) Robxx Xxxx --------------------------------- Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI-------------------------------- SIGNATURE PAGE to Amended and Restated Limited Forbearance Agreement dated as of June 29, S.A.2001, NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management among Dosxxxxx Xxnufacturing Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management CompanyBank of America, Inc.N.A., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANYAdministrative Agent, INCand the Lenders party thereto. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC.HSBC BANK USA, as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidenta Lender
Appears in 1 contract
Samples: Limited Forbearance Agreement (Doskocil Manufacturing Co Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a LenderLender By: /s/ Xxxxxxx Xxxxxxxxx-Xxxxx Name: Xxxxxxx Xxxxxxxxx-Xxxxx Title: Vice President WACHOVIA BANK, Swing Line Bank and Issuing Bank NATIONAL ASSOCIATION, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President ROYAL BANK OF CANADA, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxxxxxx, XX Xxxxxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY and By: /s/ Xxxxx Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION ByName: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEOF AMERICA, INC. N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Associate Managing Director COMERICA BANK, as a Lender By: /s/ Xxxx Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA ByName: Xxxx Xxxxxxx Title: Vice President UFJ BANK LIMITED, as a Lender By: (signature illegible) Title/s/ Xxxxx X. Xxxxxxx Name: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx Xxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA FORTIS CAPITAL CORP., as a Lender By: B. Xxxx /s/ Xxxxx TitleXxxxxxxxxx Name: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Xxxxxxxxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION and By: Xxxxxx X. Xxxxxxxxx /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Managing Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS IMIZUHO CORPORATE BANK, LTD., as a Lender By: CypressTree Investment Management Company/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Deputy General Manager XXXXX FARGO BANK, Inc.N.A., as Portfolio Manager a Lender By: Xxxxxxx /s/ Xxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager ByXxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Second Amendment to Amended and Restated Credit Agreement dated as of December 15, 2005 (the “Second Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Second Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Second Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ Xxxxx X. Xxxx Name: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx X. Xxxx Title: Vice PresidentPresident and Chief Financial Officer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED this 30th day of April, 2001. COMPANY: MORTGAGE PORTFOLIO SERVICES, INC., a Delaware corporation By: Xxxxx Xxxxxxx s/s Jamex X. Xxxxxx ------------------------------------ Jamex X. Xxxxxx, Xxesident NOTICE ADDRESS: GUARANTOR: NAB ASSET CORPORATION, a Texas corporation By: s/s Alan Xxxxxx ------------------------------------ Name: Alan Xxxxxx Title: Vice President/Treasurer BANK OF AMERICASVP NOTICE ADDRESS: NAB Asset Corporation 4144 X. Xxxxxxx Xxxxxxxxxx, N.A. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attn: Alan Xxxxxx Facsimile: (formerly known as NationsBank214) 000-0000 Telephone: (214) 000-0000 WASHINGTON MUTUAL BANK, N.A.F.A., successor by merger to NationsBank of Texas, N.A.)BANK UNITED, as Administrative Agent and a Lender By: s/s Patrxxx X. Xxxxxxx --------------------------------------------- Patrxxx X. Xxxxxxx, XXP Mortgage Banker Finance NOTICE ADDRESS: RESIDENTIAL FUNDING CORPORATION, a Delaware corporation, as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX Titles/s Jim Xxxxx ------------------------------------ Name: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Jim Xxxxx Title: Senior Credit Officer ByDirector NOTICE ADDRESS: Xxxxxxx Xxxxxxxx TitleResidential Funding Corporation Attn: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx Thomxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK4800 Xxxxxxxxxx Xxxx, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By000 Bethesda, Maryland 20814 Facsimile: (signature illegible301) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El000-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By0000 Telephone: (signature illegible301) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney000-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT0000 CENTEX FINANCIAL SERVICES, INC., as Collateral Manager a Nevada corporation By: Xxxxxx X. Xxxxxx Titles/s Larrx Xxxxx ------------------------------------ Name: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Larrx Xxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentTreasurer NOTICE ADDRESS:
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Nab Asset Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION ByChief Financial Officer ADMINISTRATIVE AGENT, COLLATERAL AGENT AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company) By /s/Xxxxxx Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Xxxxxxxxxx Title: Director CONSENTED TO BYSYNDICATION AGENT: KZH WATERSIDE LLC CIBC INC. By:_____________________ Name: Title: Page 6 DOCUMENTATION AGENT: BNP PARIBAS By:_________________________ Name: Title: - and - By:_________________________ Name: Title: BANKS: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company) By: Xxxxx Xxx /s/Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Authorized Agent SENIOR DEBT PORTFOLIO Director CIBC INC. By:_____________________ Name: Title: BNP PARIBAS By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP. By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND By: Boston Management ________________________ Name: Title: BANK OF NOVA SCOTIA By: ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A. By: ________________________ Name: Title: COMPASS BANK By: ________________________ Name: Title: XXXXX FARGO BANK TEXAS, NA By: ________________________ Name: Title: COMERICA BANK - TEXAS By: __________________________ Name: Title: WASHINGTON MUTUAL BANK, FA By: __________________________ Name: Title: HIBERNIA NATIONAL BANK By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and Research conditions of that certain First Amendment to Fourth Amended and Restated Credit Agreement dated as Investment Advisor of April 19, 2002 (the “First Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the First Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the First Amendment. Executed as of April 19, 2002. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: /s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President and Chief Financial Officer PRIZE ENERGY RESOURCES, L.P. By: Prize Operating Company, as its general partner By:_________________________ Name: Senior Vice President and Chief Financial Officer Schedule III-B PERCENTAGES Bank Percentage Deutsche Bank Trust Company Americas 10 .00000% CIBC Inc. 10 .00000% BNP Paribas 10 .00000% Fortis Capital Corp. 10 .00000% Bank of Nova Scotia 10 .00000% Bank of Scotland 10 .00000% Union Bank of California, N.A 8 .33333% Washington Mutual Bank, XX 0 .00000% Xxxxx Xxxxx Bank Texas, NA 6 .66667% Comerica Bank - Texas 5 .00000% Compass Bank 5 .00000% U.S. Bank National Association 5 .00000% Hibernia National Bank 3 .33333% Totals 100 .00% Address for Notices: Institution Name: Attention: Telephone: Facsimile: COMPASS BANK Compass Bank Xxxxxxx Xxxxxxxx 00 Xxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Domestic Office: Telephone: Facsimile: 00 Xxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 LIBOR Office: Telephone: Facsimile: 00 Xxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Address for Notices: XXXXX FARGO BANK TEXAS, NA Institution Name: Xxxxx Fargo Bank Texas, NA Attention: Xxxxx X. Page TitleXxxxxx 0000 Xxxx Xxxxxx Suite 2360, MAC T5303-233 Dallas, Texas 75202 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Domestic Office: 0000 Xxxx Xxxxxx Suite 2360, MAC T5303-233 Dallas, Texas 75202 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 LIBOR Office: 0000 Xxxx Xxxxxx Suite 2360, MAC T5303-233 Dallas, Texas 75202 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Address for Notices: Institution Name: Attention: Telephone: Facsimile: COMERICA BANK - TEXAS Comerica Bank - Texas Xxxxxx X. Xxxxx 0000 Xxx Xxxxxx Xxxxxx Xxxxx Xxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Domestic Office: Telephone: Facsimile: 0000 Xxx Xxxxxx Xxxxxx Xxxxx Xxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 LIBOR Office: Telephone: Facsimile: 0000 Xxx Xxxxxx Xxxxxx Xxxxx Xxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Address for Notices: Institution Name: Attention: Telephone: Facsimile: WASHINGTON MUTUAL BANK, XX Xxxxxxxxxx Mutual Bank, FA Xxxx X. Xxxxxxx, Manager 0000 Xxxxxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Domestic Office: Telephone: Facsimile: 0000 Xxxxxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 LIBOR Office: Telephone: Facsimile: 0000 Xxxxxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 (000) 000-0000 (000) 000-0000 Address for Notices: Institution Name: Attention: Telephone: Facsimile: HIBERNIA NATIONAL BANK Hibernia National Bank Xxxxx X. Xxxxxxx Vice President AERIES FINANCE000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxx 00000 000-II LTD. By000-0000 000-000-0000 Domestic Office: INVESCO Senior Secured ManagementTelephone: Facsimile: 000 Xxxxxxxxxx Xxxxxx, Inc. as Sub00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxx 00000 000-Managing Agent By000-0000 000-000-0000 LIBOR Office: (signature illegible) TitleTelephone: Vice President CYPRESSTREE INVESTMENT PARTNERS IFacsimile: 000 Xxxxxxxxxx Xxxxxx, LTD.00xx Xxxxx Xxx Xxxxxxx, ByXxxxxxxxx 00000 000-000-0000 000-000-0000 Address for Notices: CypressTree Investment Management Company, Inc., as Portfolio Manager ByInstitution Name: Attention: Telephone: Facsimile: U.S. BANK NATIONAL ASSOCIATION U.S. Bank National Association Xxxxxxx X. Xxxxx TitlePurchase 000 00xx Xxxxxx XXXX0000 Xxxxxx, Xxxxxxxx 00000 (000) 000-0000 (000) 000-0000 Domestic Office: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND ByTelephone: Cypress Tree Investment Management CompanyFacsimile: 000 00xx Xxxxxx XXXX0000 Xxxxxx, Inc.Xxxxxxxx 00000 (000) 000-0000 (000) 000-0000 LIBOR Office: Telephone: Facsimile: 000 00xx Xxxxxx XXXX0000 Xxxxxx, as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: AttorneyXxxxxxxx 00000 (000) 000-in0000 (000) 000-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President0000
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AMENDMENT, THE LOAN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT EMBODY THE FINAL FINAL, ENTIRE AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIESHERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIESPARTIES HERETO. ================================================================================ [REMAINDER OF PAGE INTENTIONALLY LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION BLANK.] EXECUTED as of the date first above written. GRANTORS: 3Q DIGITAL, INC. By: Xxxxx Xxxxxxx Title: Vice President/s/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx Xxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY ByX. Xxxxxx Name: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Senior Vice President & Secretary XXXXX-XXXXX FARGO BANK (TEXAS)DIRECT, NATIONAL ASSOCIATION INC. By: Xxxxx Fruenat Title/s/Xxxxxx X. X. Xxxxxx Name: Vice President COMERICA BANK By: Xxxx Xxxxxx X. X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH & Secretary XXXXX-XXXXX DATA SERVICES LLC By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx /s/Xxxxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK ByName: Xxxxxx X. X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE& Secretary XXXXX-XXXXX DIRECT MARKETING/BALTIMORE, INC. By: Xxxxxxx /s/Xxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. ByXxxxxx Name: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH& Secretary XXXXX-YIELD FUND I LTDXXXXX DIRECT MARKETING/DALLAS, INC. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By/s/Xxxxxx X. X. Xxxxxx Name: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX DIRECT MARKETING/JACKSONVILLE, LLC By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX DIRECT MARKETING/KANSAS CITY, LLC By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX LOGISTICS, LLC By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX RESPONSE MANAGEMENT/AUSTIN, INC. By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX RESPONSE MANAGEMENT/BOSTON, INC. By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX-XXXXX STRATEGIC MARKETING, INC. By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary NSO, INC. By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary SALES SUPPORT SERVICES, INC. By: /s/Xxxxxx X. X. Xxxxxx Name: Xxxxxx X. X. Xxxxxx Title: Vice President & Secretary XXXXX XXXXX, INC. By: /s/Xxx X. Xxxx Name: Xxx X. Xxxx Title: Executive Vice President & CFO SECURED PARTY: TEXAS CAPITAL BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx Senior Vice President
Appears in 1 contract
Samples: Security Agreement (Harte Hanks Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: CIBC INC., as Syndication Agent and a Bank By: ________________________ Name: Title: BNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: ________________________ Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A., as a Bank By: ________________________ Name: Title: COMPASS BANK, as a Bank By: ________________________ Name: Title: COMERICA BANK, successor by merger to Comerica Bank - Texas, as a Bank By: ________________________ Name: Title: WASHINGTON MUTUAL BANK, FA, as a Bank By: __________________________ Name: Title: HIBERNIA NATIONAL BANK, as a Bank By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Bank By: __________________________ Name: Title: BMO XXXXXXX XXXXX FINANCING, INC., as a Bank By: __________________________ Name: Title: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Bank By: __________________________ Name: Title: SOUTHWEST BANK OF TEXAS N.A., as a Bank By: __________________________ Name: Title: STERLING BANK, as a Bank By: __________________________ Name: Title: BANK OF AMERICA, N.A., as a Bank By: __________________________ Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY as a Bank By: Xxxxxx Xxxxxxxx __________________________ Name: Title: Director CONSENTED TO BYACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Eighth Amendment to Fourth Amended and Restated Credit Agreement dated as of October 31, 2003 (the “Eighth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Eighth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Eighth Amendment. Executed to be effective as of October 31, 2003. GUARANTORS: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTDHUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: INVESCO /s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Secured ManagementVice President and Chief Financial Officer PRIZE ENERGY RESOURCES, L.P. By: Prize Operating Company, as its general partner By:_________________________ Name: Senior Vice President and Chief Financial Officer Schedule III-B> PERCENTAGES Bank Percentage Deutsche Bank Trust Company Americas 6 .742857143% CIBC Inc. 6 .742857143% BNP Paribas 6 .742857143% Fortis Capital Corp. 6 .000000000% Bank of Nova Scotia 6 .000000000% Bank of Scotland 6 .000000000% BMO Xxxxxxx Xxxxx Financing, Inc. as Sub6 .742857143% Union Bank of California, N.A 5 .714285713% Washington Mutual Xxxx, XX 0 .000000000% Xxxxxxxxx xxx Xxx Xxxxxxx Banking Group Limited 6 .000000000% Comerica Bank 4 .800000000% Compass Bank 4 .800000000% U.S. Bank National Association 4 .800000000% Hibernia National Bank 3 .885714286% Southwest Bank of Texas, N.A 3 .742857143% Sterling Bank 2 .257142857% Bank of America, N.A 6 .428571429% Societe Generale 3 .857142857% Total 100 .000000000% ATTACHMENT 2 Address for Notices: Institution Name: Attention: Telephone: Facsimile: BANK OF AMERICA, N.A. Bank of America, N.A. Xxxxxx X. Xxxxxxxxx 000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxx, Xxxxx 00000 (000) 000-Managing Agent By0000 (000) 000-0000 Domestic Office: Telephone: Facsimile: Xxxxxxxxx Xxxxxx 000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxx, Xxxxx 00000 (signature illegible000) Title000-0000 (000) 000-0000 LIBOR Office: Vice President CYPRESSTREE INVESTMENT PARTNERS ITelephone: Facsimile: Xxxxxxxxx Xxxxxx 000 Xxxx Xxxxxx, LTD.00xx Xxxxx Xxxxxx, ByXxxxx 00000 (000) 000-0000 (000) 000-0000 Address for Notices: CypressTree Investment Management CompanyInstitution Name: Attention: Telephone: Facsimile: SOCIETE GENERALE Societe Generale Xxxx XxXxxxxxx 000 Xxxxxxxxx Xxxxxx, Inc.0xx Xxxxx Xxx Xxxx, as Portfolio Manager ByXxx Xxxx 00000 (000) 000-0000 (000) 000-0000 With a Copy to: Xxxxxxx X. Xxxxx TitleAttention: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND ByTelephone: Cypress Tree Investment Management Company, Inc., as Portfolio Manager ByFacsimile: Xxxxxxx Xxxxx Title0000 Xxxxx, Suite 2020 Houston, Texas 77002 (000) 000-0000 (000) 000-0000 Domestic Office: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY0000 Xxxx Xxxxxx, INC. AsSuite 4800 Dallas, Texas 75201 LIBOR Office: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I0000 Xxxx Xxxxxx, LIMITED By: XXX XXXXXX MANAGEMENTSuite 4800 Dallas, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentTexas 75201
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ -------------------- INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PIZZA INN, INC. By: Xxxxx Xxxxxxx Title: Vice President/s/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx Xxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY ByXxxxxx --------------------- Name: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Executive Vice President & Chief Operating Officer LENDER: XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By/s/Xxxx X. Xxxxxxxx --------------------- Name: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK GUARANTORS: XXXXX REALTY, INC. By: /s/Xxxxxx X. Xxxxxx --------------------- Name: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCER-CHECK, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: /s/Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By--------------------- Name: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTDPIZZA INN OF DELAWARE, INC. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By/s/Xxxxxx X. Xxxxxx --------------------- Name: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx X. Xxxxxx Title: Vice President
Appears in 1 contract
Samples: Loan Agreement (Pizza Inn Inc /Mo/)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentPresident XXX XXXXXX SENIOR INCOME TRUST By: Xxx Xxxxxx Investment Advisory Corp. By: Xxxxxx X. Xxxxxx Title: Vice President INDOSUEZ CAPITAL FUNDING IV, L.P. By: Indosuez Capital as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President CYPRESSTREE INSTITUTIONAL FUND, LLC By: CypressTree Investment Management Company, Inc., its Managing Member By: Xxxxxxx X. Xxxxx Title: Principal CYPRESSTREE INVESTMENT FUND, LLC By: CypressTree Investment Management Company, Inc., its Managing Member By: Xxxxxxx X. Xxxxx Title: Principal KZH-CYPRESSTREE-1 LLC By: Xxxxx Xxx Title: Authorized Agent OXFORD STRATEGIC INCOME FUND By: Xxxxx Xxxxx Management, as Investment Advisor By: Xxxxx X. Page Title: Vice President XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND By: Xxxxx Xxxxx Management, as Investment Advisor By: Xxxxx X. Page Title: Vice President XXX XXXXXX CLO II, LIMITED By: Xxx Xxxxxx Management, Inc., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President FINOVA CAPITAL CORPORATION By: (signature illegible) Title: Authorized Signer THE DAI-ICHI KANGYO BANK LIMITED, NEW YORK BRANCH By: Xxxxxx Xxxxxxxx Title: Vice President & Group Leader MOUNTAIN CAPITAL CLO I LTD. By: Xxxxxx X. Xxxxx Title: Director MARINER LDC By: Xxxxxxx X. Xxxx, XX Title: Director XXXXXX COMMERCIAL PAPER, INC. By: Xxxxxx Xxxxxxxxx Title: ACKNOWLEDGED AND AGREED: PILLOWTEX, INC. PTEX HOLDING COMPANY PILLOWTEX MANAGEMENT SERVICES COMPANY BEACON MANUFACTURING COMPANY XXXXXXX HOME FASHIONS, INC. TENNESSEE WOOLEN XXXXX FIELDCREST XXXXXX, INC. XXXXXXXXXX XXXXXX COMPANY ENCEE, INC. FCC CANADA, INC. FIELDCREST XXXXXX FINANCING, INC. FIELDCREST XXXXXX LICENSING, INC. FIELDCREST XXXXXX INTERNATIONAL, INC. FIELDCREST XXXXXX XX, INC. (formerly known as Fieldcrest Xxxxxx Sure Fit, Inc.) FIELDCREST XXXXXX TRANSPORTATION, INC. ST. MARYS, INC. AMOSKEAG COMPANY AMOSKEAG MANAGEMENT CORPORATION DOWNEAST SECURITIES CORPORATION BANGOR INVESTMENT COMPANY XXXXX'X FALLS CORPORATION THE XXXXXXX CORPORATION XXXXXXX OF CALIFORNIA, INC. OPELIKA INDUSTRIES, INC. By: Xxxxx Xxxxxxx Title: Vice President SIXTH AMENDMENT AND WAIVER TO TERM CREDIT AGREEMENT
Appears in 1 contract
Samples: Credit Agreement (Pillowtex Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By[Signature pages follow] EXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. By: Xxxxxxx X. Xxxxxxx Title------------------------------------------------ Name: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx TitleChris Tong Xxxxx: Senior Vice President THE PRUDENTIAL INSURANCE Chief Financial Officer ADMINISTRATIVE AGENT, COLLATERAL AGENT AND ISSUER: ------------------------------------------------- DEUTSCHE BANK TRUST COMPANY OF AMERICA AMERICAS (formerly named Bankers Trust Company) By ----------------------------------------------- Name: Title: SYNDICATION AGENT: ----------------- CIBC INC. By ----------------------------------------------- Name: Title: DOCUMENTATION AGENT: ------------------- BNP PARIBAS By: B. Xxxx Xxxxx ------------------------------------------------- Name: Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH - and - By: Hussein B. El-Xxxxx ------------------------------------------------- Name: Title: Vice President GUARANTY FEDERAL BANK, F.S.B. BANKS: ----- DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company) By: Xxxxxx X. Xxxx --------------------------------------------------- Name: Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTDCIBC INC. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent --------------------------------------------------- Name: Title: BNP PARIBAS By: (signature illegible) ---------------------------------------------------- Name: Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., - and - By: CypressTree Investment Management Company, Inc., as Portfolio Manager By---------------------------------------------------- Name: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTDFORTIS CAPITAL CORP. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact ------------------------------------------------------ Name: Title: - and - By: Xxx Xxxxxxxxxxx ---------------------------------------------------- Name: Title: Assistant Vice President BANK OF SCOTLAND By: Xxxxx Xx ---------------------------------------------------- Name: Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED BANK OF NOVA SCOTIA By: INDOSUEZ CAPITAL as Portfolio Manager ---------------------------------------------------- Name: Title: UNION BANK OF CALIFORNIA, N.A. By: Xxxxxxx Xxxxxx ---------------------------------------------------- Name: Title: Vice PresidentCOMPASS BANK By: -------------------------------------------------------- Name: Title: WELLS FARGO BANK TEXAS, NA By: ------------------------------------------------------ Name: Title: COMERICA BANK - TEXAS By: ------------------------------------------------------- Name: Title: WASHINGTON MUTUAL BANK, FA By: ------------------------------------------------------ Name: Title: HIBERNIA NATIONAL BANK By: ------------------------------------------------------- Name: Title:
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND AMENDMENT TOGETHER WITH THE OTHER LOAN ------------------ DOCUMENTS REPRESENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER [SIGNATURES BEGIN ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers thereunto duly authorized as of the day and year first above written and shall be effective as of such date. PACIFIC GAS TRANSMISSION COMPANY By: /s/ XXXXXXX X. XXXXXXXXXX ----------------------------- Name: Xxxxxxx X. Xxxxxxxxxx Title: Vice President of Finance, Controller and Chief Financial Officer CANADIAN IMPERIAL BANK OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION COMMERCE, as Agent for the Banks By:/s/ XXXXXXXX XXXX -------------------- Name: Xxxxxxxx Xxxx Title: Authorized Signator THE BANK OF NOVA SCOTIA, as Co-Agent for the Banks By: /s/ X. XXXXX -------------------- Name: X. Xxxxx Title: Officer BARCLAYS BANK PLC, as Co-Agent for the Banks By: /s/ XXXXX X. XXXXXXXX -------------------------- Name: Xxxxx Xxxxxxxx Title: Director THE FIRST NATIONAL BANK OF CHICAGO, as Co-Agent for the Banks By: /s/ XXXXXXX XXXXXXX -------------------------------------- AUTHORIZED AGENT CIBC INC., as a Bank By: /s/ XXXXXXXX XXXX ----------------- Name: Xxxxxxxx Xxxx Title: Authorized Signatory THE BANK OF NOVA SCOTIA, as a Bank By: /s/ X. XXXXX ----------------- Name: X. Xxxxx Title: Officer BARCLAYS BANK PLC, as a Bank By: /s/ XXXXX X. XXXXXXXX -------------------------- Name: Xxxxx Xxxxxxxx Title: Director THE FIRST NATIONAL BANK OF CHICAGO, as a Bank By: /s/ XXXXXX X. XXXXXXX -------------------------- Name: Xxxxxx X. Xxxxxxx Title: First Vice President BANK OF AMERICA NT & SA, as a Bank By: /s/ XXXX X. XXXXXXX ----------------------- Name: Xxxx X. Xxxxxxx Title: Managing Director CITIBANK, N.A., as a Bank By: /s/ XXXXXX XXX ---------------- Name: Xxxxxx Xxx Title: Vice President Attorney-in-Fact THE FUJI BANK, LIMITED, San Francisco Agency, as a Bank By: /s/ KEIICHI OZAWA --------------------- Name: Keiichi Ozawa Title: Joint General Manager SOCIETE GENERALE, a French bank, as a Bank By: /s/ J. XXXXXX XXXXX ------------------------ Name: J. Xxxxxx Xxxxx Title: Regional Manager SWISS BANK CORPORATION, New York Branch, as a Bank By: /s/ XXXXX XXXXXXX ---------------------- Name: Xxxxx Xxxxxxx Title: Associate Director Banking Finance Support, N.A. By: /s/ XXXXXX XX ------------------- Name: Xxxxxx Xx Title: Director Credit Risk Management, N.A. UNITED STATES NATIONAL BANK OF OREGON, as a Bank By: /s/ XXXXX XXXXXXX ---------------------- Name: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICAPresident EXHIBIT I Form of Transfer Certificate To: [Name and address of Transferee] and Canadian Imperial Bank of Commerce, N.A. as Agent From: [Name of Transferor Bank and Facility Office] Date: ___________________, 199____ Re: Transfer Certificate - Credit Agreement, dated as of May 31, 1995 (formerly known together with all amendments, if any, from time to time made thereto, the "Credit Agreement") among Pacific Gas Transmission Company (the "Company"), the various financial institutions as NationsBankare and may become parties thereto (the "Banks"), N.A.The Bank of Nova Scotia, successor by merger to NationsBank Barclays Bank PLC and The First National Bank of TexasChicago, N.A.as (the "Co-Agents"), and Canadian Imperial Bank of Commerce ("CIBC"), as Administrative Agent for the Banks (the "Agent") Ladies and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentGentlemen:
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByThis Agreement amends and restates in its entirety the Existing Forbearance Agreement. Executed and delivered as of the day and year first above written. BORROWER: XXXXXXXX MANUFACTURING COMPANY, INC. By /s/ Xxxxx Xxxxxxx --------------------------------------- Name: Xxxxx Xxxxxxx Title: Vice President/Treasurer President and Chief Financial Officer SIGNATURE PAGE to Restructure Agreement dated as of October 15, 2001, among Xxxxxxxx Manufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ADMINISTRATIVE AGENT AND LENDER: BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Lender By /s/ Xxxx X. Xxxxxxx III --------------------------------------- Xxxx X. Xxxxxxxxxxx, XX Title: Xxxxxxx III Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS)SIGNATURE PAGE to Restructure Agreement dated as of October 15, NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI2001, LTDamong Xxxxxxxx Manufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx ., as a Lender By /s/ Xxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. ByBoekuel --------------------------------------- Name: Xxxxxx X. Xxxx Boekuel Title: Senior Executive Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: By /s/ Xxxxx X. Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By--------------------------------------- Name: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGHSIGNATURE PAGE to Restructure Agreement dated as of October 15, 2001, among Xxxxxxxx Manufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. COMERICA BANK-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATIONTEXAS, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President Bya Lender By /s/ Xxxxx Xxxx --------------------------------------- Name: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Xxxx Title: Vice PresidentPresident SIGNATURE PAGE to Restructure Agreement dated as of October 15, 2001, among Xxxxxxxx Manufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. HSBC BANK USA, as a Lender
Appears in 1 contract
Samples: Restructure Agreement (Doskocil Manufacturing Co Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: CIBC INC., as Syndication Agent and a Bank By: ________________________ Name: Title: BNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: ________________________ Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A., as a Bank By: ________________________ Name: Title: COMPASS BANK, as a Bank By: ________________________ Name: Title: COMERICA BANK, successor by merger to Comerica Bank - Texas, as a Bank By: ________________________ Name: Title: WASHINGTON MUTUAL BANK, FA, as a Bank By: __________________________ Name: Title: HIBERNIA NATIONAL BANK, as a Bank By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Bank By: __________________________ Name: Title: BMO XXXXXXX XXXXX FINANCING, INC., as a Bank By: __________________________ Name: Title: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Bank By: __________________________ Name: Title: SOUTHWEST BANK OF TEXAS N.A., as a Bank By: __________________________ Name: Title: STERLING BANK, as a Bank By: __________________________ Name: Title: BANK OF AMERICA, N.A., as a Bank By: __________________________ Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY as a Bank By: Xxxxxx Xxxxxxxx __________________________ Name: Title: Director CONSENTED TO BYACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Ninth Amendment to Fourth Amended and Restated Credit Agreement dated as of December 10, 2003 (the “Ninth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Ninth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Ninth Amendment. Executed to be effective as of December 10, 2003. GUARANTORS: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTDHUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: INVESCO /s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Secured ManagementVice President and Chief Financial Officer PRIZE ENERGY RESOURCES, Inc. as Sub-Managing Agent L.P. By: (signature illegible) TitlePrize Operating Company, as its general partner By:_________________________ Name: Senior Vice President CYPRESSTREE INVESTMENT PARTNERS Iand Chief Financial Officer ATTACHMENT 1 [Insert Summary of Terms] Attachment 1-1 ATTACHMENT 2 Fee Eligible Banks (Pursuant to Section 6 of Amendment) Banks Fortis Capital Corp. Bank of Scotland Union Bank of California, LTD.N.A. Washington Mutual Bank, By: CypressTree Investment Management CompanyFA Australia and New Zealand Banking Group Limited Comerica Bank Compass Bank U.S. Bank National Association Hibernia National Bank Southwest Bank of Texas, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentN.A. Sterling Bank Societe Generale
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX EXECUTED as of the date set forth above. BORROWER: --------- MORTGAGE PORTFOLIO SERVICES, INC., a Delaware corporation By: ------------------------------------- Jamex X. Xxxxxx, Xxesident GUARANTOR: ---------- NAB ASSET CORPORATION, a Texas corporation By: /s/ Alan Xxxxxx Alan X. Xxxxxx, Xxnior Vice President AGENT: ------ BANK UNITED By: /s/ Patrxxx X. Xxxxxxx Patrxxx X. Xxxxxxx, X.V.P. Mortgage Banker Finance LENDERS: -------- BANK UNITED By: /s/ Patrxxx X. Xxxxxxx Patrxxx X. Xxxxxxx, X.V.P Mortgage Banker Finance RESIDENTIAL FUNDING CORPORATION By: Xxxxx /s/ Thomxx X. Xxxxxxx Name: Thomxx X. Xxxxxxx Title: Vice President/Treasurer Director U.S. BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title/s/ Kathxxxx X. Xxxxxx Name: Vice President COMERICA BANK By: Xxxx Kathxxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
Appears in 1 contract
Samples: Credit Agreement (Nab Asset Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, CIBC INC., as Collateral Manager Syndication Agent and a Bank By: Xxxxxx X. Xxxxxx ________________________ Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTDBNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: ________________________ Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ________________________ Name: Title: XXXXX XXXX XX XXXXXXXXXX, N.A., as a Bank By: ________________________ Name: Title: COMPASS BANK, as a Bank By: ________________________ Name: Title: XXXXX FARGO BANK TEXAS, NA, as a Bank By: ________________________ Name: Title: COMERICA BANK - TEXAS, as a Bank By: __________________________ Name: Title: WASHINGTON MUTUAL BANK, FA, as a Bank By: __________________________ Name: Title: HIBERNIA NATIONAL BANK, as a Bank By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Bank By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Fourth Amendment to Fourth Amended and Restated Credit Agreement dated as of September 6, 2002 (the “Fourth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Fourth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Fourth Amendment. Executed to be effective as of September 6, 2002. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By/s/Xxxxx Xxxx Name: Xxx Xxxxxxxxxxx Xxxxx Xxxx Title: Assistant Senior Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentand Chief Financial Officer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ XXXXX X. XXXXXX Name: Xxxxx Xxxxxxx X. Xxxxxx Title: Executive Vice President/Treasurer BANK OF AMERICA, General Counsel and Corporate Secretary ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX Title/s/ JO XXXXX XXXXXXXXX Name: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Jo Xxxxx Fruenat Xxxxxxxxx Title: Vice President COMERICA BANK WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By/s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: Vice President ROYAL BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEOF CANADA, INC. as a Lender By: /s/ XXX X. XXXXXXXXXXX Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ XXXXXXX X. XXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate Managing Director and By: Xxxxxxx X. Xxxx /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Senior Associate THE FUJI BANKDirector BANK OF AMERICA, LTD. N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ XXXX X. XXX Name: Xxxx X. Xxxxx Xxx Title: Vice President & Manager NATIONAL BANK OF CANADA COMERICA BANK, as a Lender By: /s/ XXXX XXXXXX Name: Xxxx Xxxxxx Title: Assistant Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXX X. XXX Name: Xxxxx X. Xxx Title: Assistant Vice President FORTIS CAPITAL CORP., as a Lender By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Director and By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ XXXXXXX XXXXXXX Name: Xxxxxxx Xxxxxxx Title: Deputy General Manager XXXXX FARGO BANK, N.A., as a Lender By: /s/ XXXXXX X. XXXXXXX, XX. Name: Xxxxxx X. Xxxxxxx, Xx. Title: Assistant Vice President/Portfolio Manager CAPITAL ONE N.A., as a Lender By: /s/ XXXX X. XXXXXX, XX. Name: Xxxx X. Xxxxxx, Xx. Title: Vice President By: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (signature illegiblei) Title: Vice President consents to the terms and conditions of that certain Waiver and Ninth Amendment to Amended and Restated Credit Agreement dated as of October 5, 2007 (the “Ninth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Ninth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Ninth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ XXXXX X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC ByXXXXXX Name: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. ByANNEX 1 COMMITMENT SCHEDULE Lender Commitment JPMorgan Chase Bank, N.A. $ 70,218,750.00 Wachovia Bank, National Association $ 70,218,750.00 Royal Bank of Canada $ 55,781,250.00 BNP Paribas $ 55,781,250.00 Bank of America, N.A. $ 55,781,250.00 Comerica Bank $ 37,237,500.00 PNC Bank, National Association $ 37,237,500.00 Fortis Capital Corp. $ 43,443,750.00 Mizuho Corporate Bank, Ltd. $ 43,443,750.00 Xxxxx Fargo Bank, National Association $ 43,443,750.00 Capital One N.A. $ 12,412,500.00 Total: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President$ 525,000,000.00
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer ADMINISTRATIVE AGENT, COLLATERAL AGENT AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company) By:_____________________ Name: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BYSYNDICATION AGENT: KZH WATERSIDE LLC CIBC INC. By:_____________________ Name: Title: Page 6 DOCUMENTATION AGENT: BNP PARIBAS By:_________________________ Name: Title: - and - By:_________________________ Name: Title: BANKS: DEUTSCHE BANK TRUST COMPANY AMERICAS(formerly named Bankers Trust Company) By:_____________________ Name: Title: CIBC INC. By:_____________________ Name: Title: BNP PARIBAS By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP. By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND By: Xxxxx Xxx ________________________ Name: Title: Authorized Agent SENIOR DEBT PORTFOLIO BANK OF NOVA SCOTIA By: Boston Management and Research as Investment Advisor ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A. By: Xxxxx X. Page ________________________ Name: Title: Vice President AERIES FINANCE-II LTDCOMPASS BANK By: ________________________ Name: Title: XXXXX FARGO BANK TEXAS, NA By: ________________________ Name: Title: COMERICA BANK - TEXAS By: __________________________ Name: Title: WASHINGTON MUTUAL BANK, FA By: __________________________ Name: Title: HIBERNIA NATIONAL BANK By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Second Amendment to Fourth Amended and Restated Credit Agreement dated as of July 3, 2002 (the “Second Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Second Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Second Amendment. Executed to be effective as of July 3, 2002. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: INVESCO /s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Secured ManagementVice President and Chief Financial Officer PRIZE ENERGY RESOURCES, Inc. as Sub-Managing Agent L.P. By: (signature illegible) TitlePrize Operating Company, as its general partner By:_________________________ Name: Senior Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf Chief Financial Officer Annex I Borrowing Base Usage (BBU) Base Rate Loans LIBO Rate Loans Letters of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentCredit BBU < 25% 0 .25% 1 .50% 1 .50% 25% <= BBU < 50% 0 .50% 1 .75% 1 .75% 50 <= BBU < 75% 0 .75% 2 .00% 2 .00% 75% <= BBU < 90% 1 .00% 2 .25% 2 .25% BBU => 90% 1 .25% 2 .50% 2 .50%
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, CIBC INC., as Collateral Manager Syndication Agent and a Bank By: Xxxxxx X. Xxxxxx ________________________ Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTDBNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: ________________________ Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ________________________ Name: Title: XXXXX XXXX XX XXXXXXXXXX, N.A., as a Bank By: ________________________ Name: Title: COMPASS BANK, as a Bank By: ________________________ Name: Title: COMERICA BANK - TEXAS, as a Bank By: ________________________ Name: Title: WASHINGTON MUTUAL BANK, FA, as a Bank By: __________________________ Name: Title: HIBERNIA NATIONAL BANK, as a Bank By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Bank By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Fifth Amendment to Fourth Amended and Restated Credit Agreement dated as of November 20, 2002 (the “Fifth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Fifth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Fifth Amendment. Executed to be effective as of November 20, 2002. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: BHF (USA) CAPITAL CORPORATION/s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President and Chief Financial Officer PRIZE ENERGY RESOURCES, acting as attorney-in-fact L.P. By: Xxx Xxxxxxxxxxx TitlePrize Operating Company, as its general partner By:_________________________ Name: Assistant Senior Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentand Chief Financial Officer
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By[Balance of this Page Intentionally Left Blank] BORROWER: Xxxxx DOSKXXXX XXXUFACTURING COMPANY, INC. By /s/ SUSAX XXXXXXX --------------------------------------- Name: Susax Xxxxxxx ---------------------------------- Title: Vice President/Treasurer President & Chief Financial Officer -------------------------------- ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By /s/ JOHN X. XXXXXXX XXX ---------------------------------------- John X. Xxxxxxx XXX Managing Director LENDERS BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: /s/ JOHN X. XXXXXXX ---------------------- John X. Xxxxxxx X. XxxxxxxxxxxXXX Managing Director ARK CLO 2000-1, XX LIMITED By: Petnarch Partners, L.L.C. its Collateral Manager By: /s/ LYNN XXXXXX ---------------------------- Name: Lynn Xxxxxx ----------------------- Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President Authorized Signature ---------------------- BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx /s/ PETEX X. Xxxxxxx TitleXXXXXX -------------------------------- Name: Senior Associate By: Xxxxxxx Petex X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Xxxxxx --------------------------- Title: Vice President & Manager NATIONAL BANK OF CANADA -------------------------- By: Xxxx Xxxxxxx /s/ DIETXX X. XXXXXX -------------------------------- Name: Dietxx X. Xxxxxx --------------------------- Title: Executive Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President--------------------------
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Samples: Limited Forbearance Agreement (Doskocil Manufacturing Co Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ XXXXX X. XXXX Name: Xxxxx Xxxxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident & Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx /s/ JO XXXXX XXXXXXXXX Name: Jo Xxxxx Xxxxxxxxx Title: Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXXXXX X. Xxxxxxxxxxx, XX XXXXXXXX Name: Xxxxxxxx X. Xxxxxxxx Title: Managing Director THE ROYAL BANK OF NOVA SCOTIA ATLANTA AGENCY CANADA, as a Lender By: Xxxxxx /s/ XXX X. XXXXXXXXXXX Name: Xxx Xxxxxxx X. XxXxxxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO Authorized Signatory BNP PARIBAS, as a Lender By: Xxxxxxx X. /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION Director and By: Xxxxx Fruenat /s/ XXXX X. XXX Name: Xxxx X. Xxx Title: Managing Director BANK OF AMERICA, N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ XXXX X. XXX Name: Xxxx X. Xxx Title: Vice President COMERICA BANK BANK, as a Lender By: Xxxx /s/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A.PNC BANK, "RABOBANK NEDERLAND"NATIONAL ASSOCIATION, NEW YORK BRANCH as a Lender By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx /s/ XXXXXXX X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY ByXXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA FORTIS CAPITAL CORP., as a Lender By: B. Xxxx Xxxxx Name: Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH and By: Hussein B. El-Xxxxx Name: Title: Vice President GUARANTY FEDERAL MIZUHO CORPORATE BANK, F.S.B. LTD., as a Lender By: Xxxxxx X. /s/ XXXX MO Name: Xxxx Mo Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION XXXXX FARGO BANK, N.A., as a Lender By: /s/ XXXXXX X. XXXXXXX, XX. Name: Xxxxxx X. Xxxxxxxxx Xxxxxxx, Xx. Title: SOCIETE GENERALEAVP—Portfolio Manager CAPITAL ONE N.A., SOUTHWEST AGENCY as a Lender By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By/s/ XXXXX XXXX Name: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Xxxx Title: Assistant Vice President ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Thirteenth Amendment to the Amended and Restated Credit Agreement dated as of June 2, 2009 (the “Thirteenth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Thirteenth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Thirteenth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By: /s/ XXXXX X. XXXX Name: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx X. Xxxx Title: Vice PresidentPresident & Chief Financial Officer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /s/ Jo Xxxxx Xxxxxxxxx Name: Jo Xxxxx Xxxxxxxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxxxx X. /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL Vice President ROYAL BANK OF CHICAGO CANADA, as a Lender By: Xxxxxxx /s/ Xxx X. XxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION Director and By: /s/ Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByName: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEOF AMERICA, INC. N.A., successor by merger to Fleet National Bank, as a Lender By: Xxxxxxx /s/ Xxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. ByXxx Name: Xxxx X. Xxx Title: Vice President COMERICA BANK, as a Lender By: /s/ Huma V. Xxxxx Name: Huma V. Xxxxx Title: Vice President & Manager PNC BANK, NATIONAL BANK OF CANADA ASSOCIATION, as a Lender By: Xxxx Xxxxxxx /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Assistant Vice President FORTIS CAPITAL CORP., as a Lender By: (signature illegible) Title/s/ Xxxxx Xxxxxx Name: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Xxxxx Xxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: /s/ Xxxxxxx Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager ByName: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Deputy General Manager XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxxxx, Xx. Name: Xxxxxx X. Xxxxxxx, Xx. Title: Assistant Vice-President / Portfolio Manager ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Seventh Amendment to Amended and Restated Credit Agreement dated as of June 12, 2007 (the “Seventh Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Seventh Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Seventh Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Vice PresidentPresident and Chief Financial Officer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION By[Balance of this Page Intentionally Left Blank] Executed and delivered as of the day and year first above written. BORROWER: Xxxxx DOSKXXXX XXXUFACTURING COMPANY, INC. By /s/ SUSAX XXXXXXX ------------------------------------------ Name: Susax Xxxxxxx --------------------------------- Title: Vice President/Treasurer President and Chief Financial Officer -------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By /s/ JOHN X. XXXXXXX XXX ------------------------------------------ JOHN X. Xxxxxxx XXX Managing Director SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. LENDERS BANK OF AMERICA, N.A. (formerly known By /s/ JOHN X. XXXXXXX XXX ------------------------------------------ John X. Xxxxxxx XXX Managing Director SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as NationsBankof February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent Agent, and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTDthe Lenders party thereto. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. ByBy ------------------------------------------ Name: Xxxxxxx X. Xxxxxxx --------------------------------- Title: Senior Associate By-------------------------------- By ------------------------------------------ Name: Xxxxxxx --------------------------------- Title: -------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. COMERICA BANK By /s/ ROBIX X. XXXX ------------------------------------------ Name: Robix X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx --------------------------------- Title: Vice President & Manager NATIONAL -------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. HSBC BANK OF CANADA ByUSA By /s/ JOHN XXXXX ------------------------------------------ Name: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx John Xxxxx --------------------------------- Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By-------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. IMPERIAL BANK By ------------------------------------------ Name: B. Xxxx Xxxxx --------------------------------- Title: -------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ARCHIMEDES FUNDING, LLC. BY: ING Capital Advisors LLC, as Collateral Manager By /s/ JONAXXXX X. XXXIX ------------------------------------------ Name: Jonaxxxx X. Xxxix --------------------------------- Title: Vice President BANK POLSKA KASA OPIEKI-------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, S.A.2001, NEW YORK BRANCH among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. ML CLO XII PILGRIM AMERICA (CAYMAN) Ltd. By: Hussein B. El-Xxxxx TitleING Pilgrim Investments Inc., as its investment manager By /s/ JEFFXXX X. XXXXXXX ------------------------------------------ Name: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx Jeffxxx X. Xxxx Xxxxxxx --------------------------------- Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By-------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, 2001, among Doskxxxx Xxxufacturing Company, Inc., Bank of America, N.A., as Administrative Agent, and the Lenders party thereto. MORGXX XXXNXXX XXXX XXXXXX PRIME INCOME TRUST By /s/ PETEX XXXXXXX ------------------------------------------ Name: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Petex Xxxxxxx --------------------------------- Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management-------------------------------- SIGNATURE PAGE to First Amendment to Limited Forbearance Agreement dated as of February 28, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I2001, LTD., By: CypressTree Investment Management among Doskxxxx Xxxufacturing Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management CompanyBank of America, Inc.N.A., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANYAdministrative Agent, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INCthe Lenders party thereto., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
Appears in 1 contract
Samples: Limited Forbearance Agreement (Doskocil Manufacturing Co Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED this 31st day of August, 2001. COMPANY: ------- MORTGAGE PORTFOLIO SERVICES, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxx ------------------------------------ XXXXX X. XXXXXX, President NOTICE ADDRESS: -------------- Mortgage Portfolio Services, Inc. 0000 Xxxxx Xxxxxxx Xxxxxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxxxx Facsimile: 214.821.7352 Telephone: 000.000.0000 GUARANTOR: --------- NAB ASSET CORPORATION, a Texas corporation By: /s/ Xxxx Xxxxxx ------------------------------------ Name: Xxxx Xxxxxx Title: Vice President/Treasurer BANK OF AMERICASenior Vice-President NOTICE ADDRESS: --------------- NAB Asset Corporation 0000 Xxxxx Xxxxxxx Xxxxxxxxxx, N.A. (formerly known as NationsBankXxxxx 000 Xxxxxx, N.A.Xxxxx 00000 Attn: Xxxx Xxxxxx Facsimile: 214.821.3689 Telephone: 000.000.0000 WASHINGTON MUTUAL BANK, FA, a federal association, successor by merger to NationsBank of Texas, N.A.)BANK UNITED, as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: /s/ Xxxxxxx X. XxxxxxxxxxxXxxxxxx ------------------------------------ XXXXXXX X. XXXXXXX, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President Mortgage Banker Finance NOTICE ADDRESS: --------------- Washington Mutual Bank, FA 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxxxx, Vice President Facsimile: 713.543.4292 Telephone: 000.000.0000 RESIDENTIAL FUNDING CORPORATION, a Delaware corporation, as Lender By: /s/ Xxx Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By------------------------------------ Name: Xxx Xxxxx Title: Senior Credit Officer ByDirector NOTICE ADDRESS: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By--------------- Residential Funding Corporation 0000 Xxxxxxxxxx Xxxx, Suite 300 Bethesda, Maryland 20814 Attn: Xxxxxx X. Xxxxxx TitleXxxxxxx Facsimile: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By301.215.6288 Telephone: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT000.000.0000 CENTEX FINANCIAL SERVICES, INC., as Collateral Manager a Nevada corporation By: Xxxxxx X. Xxxxxx /s/ Xxxxx Xxxxx ------------------------------------ Name: Xxxxx Xxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTDAsst. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentTreasurer
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Nab Asset Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA HOLDING CORP., as Borrower By: Xxxxx /S/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer PARENT: PENN VIRGINIA CORPORATION, N.A. (formerly known as NationsBankParent By: /S/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /S/ JO XXXXX XXXXXXXXX Name: Jo Xxxxx Xxxxxxxxx Title: Managing Director THE Authorized Officer BANK OF NOVA SCOTIA ATLANTA AGENCY ByAMERICA, N.A., as a Lender By /S/ XXXX X. XXX Name: Xxxxxx Xxxx X. Xxx Title: Director XXXXX FARGO BANK, N.A., as a Lender By /S/ XXXXXXXX XXXXXXX Name: Xxxxxxxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO ByAssistant Vice President BNP PARIBAS, as a Lender By /S/ XXXXX XXXXXX Name: Xxxxxxx X. Xxxxx Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION ByDirector By /S/ XXXX XXXXXX XXXXXXXX Name: Xxxxx Fruenat Xxxx Xxxxxx Xxxxxxxx Title: Vice President COMERICA ROYAL BANK ByOF CANADA, as a Lender By /S/ XXX X. XXXXXXXXXXX Name: Xxxx Xxx X. XxXxxxxxxxx Title: Authorized Signatory BANK OF MONTREAL, as a Lender By /S/ XXXXXX XXXXXXXX Name: Xxxxxx Xxxxxxxx Title: Director CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By /S/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH ByXXX XXXX XX XXXX XXXXXX, as a Lender By /S/ XXXX XXXXXXX Name: Xxxx-Xxxx Xxxxxxx Van Essche Title: Vice President THE Director BANK OF TOKYO-MITSUBISHIOKLAHOMA, LTD. By: Xxxx N.A., as a Lender By /S/ XXXXX X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByXXXX Name: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BARCLAYS BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEPLC, INC. Byas a Lender By /S/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA ByCOMERICA BANK, as a Lender By /S/ XXXX X. XXXXXXX Name: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Assistant Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL PNC BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALENATIONAL ASSOCIATION, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC Byas a Lender By /S/ XXXXX XXX Name: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President
Appears in 1 contract
Samples: And Waiver of Credit Agreement (Penn Virginia Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Vice President/Treasurer BANK OF AMERICAEVP & CFO ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. /s/ Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx TitleName: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx Xxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxx-/s/ Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer ByName: Xxxxxxx Xxxxxxxx Title: Vice President THE Director ROYAL BANK OF NEW YORK CANADA, as a Lender By: Xxxxxx /s/ Xxx X. Xxxxxx XxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. ByX. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate Managing Director and By: Xxxxxxx X. Xxxx /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Associate THE FUJI Director BANK OF AMERICA, N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director COMERICA BANK, LTD. as a Lender By: /s/ Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA ByXxxxxxx Name: Xxxx Xxxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: (signature illegible) /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Corporate Banking Officer FORTIS CAPITAL CORP., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President & Manager NATIONAL CITY BANK OF KENTUCKY and By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ Xxxx Mo Name: Xxxx Mo Title: Senior Vice President XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Fifth Amendment to Amended and Restated Credit Agreement dated as of November 1, 2006 (the “Fifth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Fifth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Fifth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY OF AMERICA ByL.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ Xxxxx X. Xxxx Name: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. X Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION ByVP & CFO ANNEX 1 COMMITMENT SCHEDULE Lender Commitment JPMorgan Chase Bank, N.A. $ 40,000,000.00 Wachovia Bank, National Association $ 40,000,000.00 Royal Bank of Canada $ 32,000,000.00 BNP Paribas $ 32,000,000.00 Bank of America, N.A. $ 32,000,000.00 Comerica Bank $ 24,800,000.00 PNC Bank, National Association $ 24,800,000.00 Fortis Capital Corp. $ 24,800,000.00 Mizuho Corporate Bank, Ltd. $ 24,800,000.00 Xxxxx Fargo Bank, National Association $ 24,800,000.00 Total: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President$ 300,000,000.00
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT, THE CREDIT AGREEMENT, THE CREDIT NOTE, AND THE OTHER LOAN ------------------ DOCUMENTS DOCUMENTS, ALL AS MODIFIED HEREBY, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED and effective as of the dates first written above. HANOVER SPC-A, INC., BORROWERS: a Delaware corporation HANOVER CAPITAL MORTGAGE By:________________________________ HOLDINGS, INC., Name:______________________________ a Maryland corporation Title: ____________________________ By: Xxxxx Xxxxxxx _________________________________ HANOVER CAPITAL SPC, INC., a Delaware corporation Name:________________________________ Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank ______________________________ By: Xxxxxxx X. Xxxxxxxxxxx, XX _______________________________ Name:______________________________ Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) :_____________________________ HANOVER CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS IPARTNERS, LTD., a New York corporation HANOVER REPO CORP., a Delaware corporation By: CypressTree Investment Management Company, Inc., as Portfolio Manager _________________________________ By: Xxxxxxx X. Xxxxx _______________________________ Name:________________________________ Name:______________________________ Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx ______________________________ Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney____________________________ HANOVER QRS-2 98-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENTB, INC., as Collateral Manager a Delaware corporation LENDER: By:__________________________________ Name:________________________________ BANK UNITED, Title:_______________________________ a federal savings bank By: Xxxxxx X. Xxxxxx _______________________________ Name:______________________________ Title:_____________________________ 8 PROMISSORY NOTE $50,000,000 Houston, Texas As of May 31, 2000 (Replaces March 28, 2000 Note) FOR VALUE RECEIVED, the undersigned, HANOVER CAPITAL MORTGAGE HOLDINGS, INC., a Maryland corporation, HANOVER CAPITAL PARTNERS, LTD., a New York corporation, HANOVER QRS-2 98-B, INC., a Delaware corporation, HANOVER SPC-A, INC., a Delaware corporation, HANOVER CAPITAL SPC, INC., a Delaware corporation, and HANOVER REPO CORP., a Delaware corporation (herein called the "Borrower"), hereby promise to pay to the order of BANK UNITED, a federal savings bank (the "Lender" or, together with its successors and assigns, the "Holder") whose principal place of business is 3200 Xxxxxxxxx Xxxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, XXTN: Vice President BALANCED HIGHMortgage Banker Finance, or at such other place as the Holder may designate from time to time, the principal sum of FIFTY MILLION AND NO/100 DOLLARS ($50,000,000.00) or so much thereof as may be outstanding from time to time pursuant to the Warehousing Credit and Security Agreement (the "Agreement") dated April 30, 1999, between Hanover Capital Mortgage Holdings, Inc., and Hanover Capital Partners, Ltd., and the Lender, as the same has been amended and supplemented or may be amended or supplemented from time to time, and to pay interest on said principal sum or such part thereof as shall remain unpaid from time to time, from the date of each Advance until repaid in full, and all other fees and charges due under the Agreement, at the rate and at the times set forth in the Agreement. All payments hereunder shall be made in lawful money of the United States and in immediately available funds. This Note is given in replacement of that certain March 28, 2000, promissory note executed by Borrower and payable to the order of Lender, in the original principal amount of $50,000,000, which promissory note was given in replacement of that certain May 12, 1999, promissory note executed by Borrower and payable to the order of Lender, in the original principal amount of $50,000,000, which promissory note was given in replacement of that certain April 30, 1999, promissory note executed by Hanover Capital Mortgage Holdings, Inc., and Hanover Capital Partners, Ltd., and payable to the order of Lender, in the original principal amount of $50,000,000. This Note is given to evidence an actual warehouse line of credit in the above amount and is the Note referred to in the Agreement, and is entitled to the benefits thereof. Reference is hereby made to the Agreement (which is incorporated herein by reference as fully and with the same effect as if set forth herein at length) for a description of the Collateral, required payments of principal and interest on this Note, a statement of the covenants and agreements, a statement of the rights and remedies and securities afforded thereby and other matters contained therein. Capitalized terms used herein, unless otherwise defined herein, shall have the meanings given them in the Agreement. The entire unpaid principal balance of this Note plus all accrued and unpaid interest shall be due and payable in full on May 30, 2001. This Note may be prepaid in whole or in part at any time without premium or penalty. Should this Note be placed in the hands of attorneys for collection, the Borrower agrees to pay, in addition to principal and interest, fees and charges due under the Agreement, and all costs of collecting this Note, including reasonable attorneys' fees and expenses. This Note shall be construed and enforced in accordance with the laws of the State of Texas, without reference to its principles of conflicts of law, and applicable federal laws of the United States of America. This Note is secured by all security agreements, collateral assignments, deeds of trust and lien instruments executed by the Borrower in favor of Lender, or executed by any other Person as security for this Note, including any executed prior to, simultaneously with, or after the date of this Note and including, without limitation, the Security Documents. This Note is the joint and several obligation of the Borrower. The Borrower and any and each co-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATIONmaker, acting guarantor, accommodation party, endorser or other Person liable for the payment or collection of this Note expressly waive notice, presentment, demand for payment, protest, notice of protest and non-payment or dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, bringing of suit, and diligence in taking any action to collect amounts called for hereunder and in the handling of Collateral at any time existing as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIAsecurity in connection herewith, LIMITED By: INDOSUEZ CAPITAL and shall be directly and primarily liable for the payment of all sums owing and to be owing hereon, regardless of and without any notice, diligence, act or omission as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentor with respect to the collection of any amount called for hereunder or in connection with any Lien at any time had or existing as security for any amount called for hereunder.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: SOCIETE GENERALECIBC INC., SOUTHWEST AGENCY as Syndication Agent and a Bank By: Xxxxxx Xxxxxxxx ________________________ Name: Title: Director CONSENTED TO BYBNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: KZH WATERSIDE LLC Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: Xxxxx Xxx ________________________ Name: Title: Authorized Agent SENIOR DEBT PORTFOLIO BANK OF NOVA SCOTIA, as a Bank By: Boston Management and Research ________________________ Name: Title: UNION BANK OF CALIFORNIA, N.A., as Investment Advisor a Bank By: Xxxxx X. Page ________________________ Name: Title: Vice President AERIES FINANCE-II LTD. COMPASS BANK, as a Bank By: INVESCO Senior Secured Management________________________ Name: Title: COMERICA BANK (successor by merger to Comerica Bank - Texas), Inc. as Sub-Managing Agent a Bank By: (signature illegible) ________________________ Name: Title: Vice President CYPRESSTREE INVESTMENT PARTNERS IWASHINGTON MUTUAL BANK, LTD.FA, as a Bank By: CypressTree Investment Management Company, Inc.__________________________ Name: Title: HIBERNIA NATIONAL BANK, as Portfolio Manager a Bank By: Xxxxxxx X. Xxxxx __________________________ Name: Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND U.S. BANK NATIONAL ASSOCIATION, as a Bank By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By__________________________ Name: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENTBMO XXXXXXX XXXXX FINANCING, INC., as Collateral Manager a Bank By: Xxxxxx X. Xxxxxx __________________________ Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTDAUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Bank By: __________________________ Name: Title: SOUTHWEST BANK OF TEXAS N.A., as a Bank By: __________________________ Name: Title: STERLING BANK, as a Bank By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Seventh Amendment to Fourth Amended and Restated Credit Agreement dated as of August __, 2003 (the “Seventh Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Seventh Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Seventh Amendment. Executed to be effective as of August __, 2003. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: BHF (USA) CAPITAL CORPORATION/s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President and Chief Financial Officer PRIZE ENERGY RESOURCES, acting as attorney-in-fact L.P. By: Xxx Xxxxxxxxxxx TitlePrize Operating Company, as its general partner By:_________________________ Name: Assistant Senior Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentand Chief Financial Officer
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION [Remainder of page left intentionally blank. Signature pages follow.] IN WITNESS WHEREOF, the Borrowers, the Lenders, the Documentation Agent and the Administrative Agent have executed this Amendment as of the date first above written. BORROWER: PXXXXX WORLDWIDE, INC. By: Xxxxx Xxxxxxx /s/ RXXXX X. XXXXXXXX, XX. Name: Rxxxx X. Xxxxxxxx, Xx. Title: Chairman SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT \ GUARANTY BANK, as Administrative Agent, a Lender, Letter of Credit Issuer and Swing Line Lender By: /s/ AXXXXX XXXX Name: Axxxxx Xxxx Title: Vice President/Treasurer President SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent and a Lender By: /s/ GXXXXX XXXXXXXXXX Name: Gxxxxx Xxxxxxxxxx Title: Senior Vice President SIGNATURE PAGE TO SECOND AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title/s/ GXXXXXXX XXXXXXX Name: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Gxxxxxxx Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA REGIONS BANK By: B. Xxxx Xxxxx Title/s/ RXXXX XXXXXX Name: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Rxxxx Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION SOVEREIGN BANK By: Xxxxxx /s/ CXXXX X. Xxxxxxxxx TitleXXXXX Name: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Cxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Executive Vice President
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NO ORAL AGREEMENTS. THE RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO THE LOAN DOCUMENTS SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN SUCH PARTIES ARE SUPERSEDED BY AND MERGED INTO SUCH WRITINGS. THIS WRITTEN AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER WRITTEN LOAN ------------------ DOCUMENTS EXECUTED BY PARENT, BORROWER, ANY OTHER CREDIT PARTY, THE ADMINISTRATIVE AGENT, ANY ISSUING BANK AND/OR LENDERS REPRESENT THE FINAL AGREEMENT REGARDING THE MATTERS HEREIN BETWEEN THE SUCH PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE BY SUCH PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE SUCH PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX [The remainder of this page has been left blank intentionally.] EXECUTED to be effective as of the date first above written. BORROWER: PENN VIRGINIA HOLDING CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Vice President PARENT: PENN VIRGINIA CORPORATION By: /s/ Xxxxx Xxxxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Vice President/Treasurer President GUARANTORS: PENN VIRGINIA OIL & GAS CORPORATION PENN VIRGINIA OIL & GAS GP LLC PENN VIRGINIA OIL & GAS LP LLC PENN VIRGINIA MC CORPORATION PENN VIRGINIA MC ENERGY L.L.C. PENN VIRGINIA MC OPERATING COMPANY L.L.C. Each By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Vice President PENN VIRGINIA OIL & GAS, L.P. By: Penn Virginia Oil & Gas GP LLC, its general partner By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Issuing Bank and a Lender By: /s/ Xxxxx X. XxXxxxx Name: Xxxxx X. XxXxxxx Title: Director ROYAL BANK OF CANADA, as a Lender By: /s/ Xxxx Xxxxxxx, Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.)as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Director SCOTIABANC INC., as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /s/ X.X. Xxxx Name: X.X. Xxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY CREDIT SUISSE AG, Cayman Islands Branch, as a Lender By: Xxxxxx X. Xxx Xxxxxxx Name: Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Name: Title: First Vice President XXXXX FARGO BANK (TEXAS)BRANCH BANKING AND TRUST COMPANY, NATIONAL ASSOCIATION as a Lender By: /s/ Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByXxxxxxxx Name: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A.BARCLAYS BANK, "RABOBANK NEDERLAND"PLC, NEW YORK BRANCH as a Lender By: Xxx Xxxxx Title: Senior Credit Officer By/s/ Xxxxxxx X. Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxx X. Xxxxxxxxxx Title: Vice President THE BANK OF NEW YORK Comerica BANK, as a Lender By: Xxxxxx X. Xxxxxx Name: Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL SOCIÉTÉ GÉNÉRALE, as a Lender By: Xxxxxxx Xxxx Name: Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: Xxxxxx Xxxxxx Name: Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCESUNTRUST BANK, INC. as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate First Vice President SANTANDER BANK, N.A., as a Lender By: Xxxxxxx X. Xxxx Name: Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Name: Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentSchedule A Subject Defaults
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: /s/ Xxxxxxx X. Xxxxxxxxxxx, XX Xxxxxxxxx-Xxxxx Name: Xxxxxxx Xxxxxxxxx-Xxxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxxxx X. /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL Vice President ROYAL BANK OF CHICAGO CANADA, as a Lender By: Xxxxxxx /s/ Xxx X. XxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION and By: Xxxxx Fruenat /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President BANK OF AMERICA, N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President COMERICA BANK BANK, as a Lender By: /s/ Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA ByName: Xxxx Xxxxxxx Title: Vice President UFJ BANK LIMITED, as a Lender By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By/s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxx Xxxxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and Group Head FORTIS CAPITAL CORP., as a Lender By: B. Xxxx Xxxxx /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH Managing Director and By: Hussein B. El-/s/ Xxxxx TitleXxxxxx Name: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxx Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS IMIZUHO CORPORATE BANK, LTD., as a Lender By: CypressTree Investment Management Company/s/ Xxxx Mo Name: Xxxx Mo Title: Senior Vice President XXXXX FARGO BANK, Inc.N.A., as Portfolio Manager a Lender By: Xxxxxxx X. /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management CompanyPortfolio Manager ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Fourth Amendment to Amended and Restated Credit Agreement dated as of August 25, Inc.2006 (the “Fourth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Fourth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Fourth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company CROW CREEK HOLDING CORPORATION, a Delaware corporation CROW CREEK ENERGY L.L.C., a Delaware limited liability company CROW CREEK OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as Portfolio Manager By: Xxxxxxx its general partner By /s/ Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByXxxx Name: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx X. Xxxx Title: Vice President, Chief Financial Officer and Treasurer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION [Remainder of page left intentionally blank. Signature pages follow.] IN WITNESS WHEREOF, the Borrowers, the Required Lenders, the Documentation Agent and the Administrative Agent have executed this Amendment as of the date first above written. BORROWER: XXXXXX WORLDWIDE, INC. By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Chairman SIGNATURE PAGE TO EIGHTH AMENDMENT TO CREDIT AGREEMENT GUARANTY BANK, as Administrative Agent, a Lender, Letter of Credit Issuer and Swing Line Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Senior Vice President SIGNATURE PAGE TO EIGHTH AMENDMENT TO CREDIT AGREEMENT WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent and a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President/Treasurer President SIGNATURE PAGE TO EIGHTH AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: /s/ Xxxxxxxx Xxxxxxx X. Xxxxxxxxxxx, XX TitleName: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA SIGNATURE PAGE TO EIGHTH AMENDMENT TO CREDIT AGREEMENT REGIONS BANK By: B. Xxxx /s/ Xxxxx TitleXxxxxx Name: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION SIGNATURE PAGE TO EIGHTH AMENDMENT TO CREDIT AGREEMENT SOVEREIGN BANK By: Xxxxxx X. Xxxxxxxxx Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED SIGNATURE PAGE TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentEIGHTH AMENDMENT TO CREDIT AGREEMENT
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AGREEMENT, THE NOTES, ------------------ AND THE OTHER LOAN ------------------ DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX [SIGNATURES BEGIN ON FOLLOWING PAGE] The parties hereto have caused this Agreement to be duly executed by their respective officers thereunto duly authorized as of the day and year first above written. PG&E GAS TRANSMISSION, NORTHWEST CORPORATION By_________________________________________ Name: Xxxxxxx X. XxXxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer Address: 0000 Xxxxxxxxx Xxxxx Xxxxxxx Xxxxxxxx, XX 00000 Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Attention: Xxxxxx X. Xxxxxx Assistant Treasurer [SIGNATURE PAGE TO 364-DAY CREDIT AGREEMENT] CANADIAN IMPERIAL BANK OF COMMERCE, as Agent for the Lenders By__________________________________________ Name: Title: Address for Notices: 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Telex No.: 6716450 (Answerback: CIBC SYN) Attention: XxxxXxxx Xxxx with copies to: 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Attention: Xxxxx Xxxxxxx X. X'Xxxxx Address for payments: XXXXXX GUARANTY TRUST COMPANY OF NEW YORK 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 ABA No.: 000000000 For Account of: Canadian Imperial Bank of Commerce, New York Agency Account No.: 00000000 For further credit to Agented Loans Account No.: 0000000 Reference: PG&E Gas Transmission, Northwest Corporation CIBC INC., as a Lender By___________________________________ Name: Title: Vice President/Treasurer Lending Office for Advances: 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telex No.: 6716450 (Answerback: CIBC SYN) Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Attention: XxxxXxxx Xxxx Address for Notices: 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Telex No.: 6716450 (Answerback: CIBC SYN) Attention: XxxxXxxx Xxxx with copies to: 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Attention: Xxxxx X. X'Xxxxx BARCLAYS BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.)PLC, as Administrative a Co-Agent for the Lenders and as a Lender, Swing Line Bank and Issuing Bank Lender By________________________________________ Name: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY ByLending Office for Advances: Barclays Group Inc. 000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Client Services Unit Telephone No.: (000) 000-0000 Telefacsimile No.: (000) 000-0000 Telex No.: 12-6195 Address for Notices: 000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxxx Xxxxxx X. Xxx Xxxxxxx TitleTelephone No.: Relationship Manager (000) 000-0000 Telefacsimile No.: (000) 000-0000 THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc.CHICAGO, as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc.Documentation Agent for the Lenders, as Portfolio Manager a Co-Agent for the Lenders, and as a Lender By_________________________________________ Name: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President:
Appears in 1 contract
Samples: Credit Agreement (Pg&e Gas Transmission Northwest Corp)
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX Title/s/ Jo Xxxxx Xxxxxxxxx Name: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Jo Xxxxx Fruenat Xxxxxxxxx Title: Vice President COMERICA BANK WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxx X. /s/ Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President ByName: Xxxxxx Xxxxxx Title: Vice President ROYAL BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEOF CANADA, INC. as a Lender By: /s/ Xxxxx X. York Name: Xxxxx X. York Title: Authorized Signatory BNP PARIBAS, as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate Managing Director and By: Xxxxxxx X. Xxxx /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Associate THE FUJI BANKDirector BANK OF AMERICA, LTD. N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President COMERICA BANK, as a Lender By: /s/ Huma Xxxxx Name: Huma Xxxxx Title: Vice President & Manager PNC BANK, NATIONAL BANK OF CANADA ASSOCIATION, as a Lender By: Xxxx /s/ Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY ByX. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA FORTIS CAPITAL CORP., as a Lender By: B. Xxxx /s/ Xxxxxxx Xxxxx TitleName: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxxxx Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION and By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager ByName: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Deputy General Manager XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice PresidentPresident ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Eighth Amendment to Amended and Restated Credit Agreement dated as of August 1, 2007 (the “Eighth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Eighth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Eighth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Vice President and Chief Financial Officer ANNEX 1 COMMITMENT SCHEDULE Lender Commitment JPMorgan Chase Bank, N.A. $ 60,187,500.00 Wachovia Bank, National Association $ 60,187,500.00 Royal Bank of Canada $ 47,812,500.00 BNP Paribas $ 47,812,500.00 Bank of America, N.A. $ 47,812,500.00 Comerica Bank $ 37,237,500.00 PNC Bank, National Association $ 37,237,500.00 Fortis Capital Corp. $ 37,237,500.00 Mizuho Corporate Bank, Ltd. $ 37,237,500.00 Xxxxx Fargo Bank, National Association $ 37,237,500.00 Total: $ 450,000,000.00
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx /s/ Jo Xxxxx Xxxxxxxxx Name: Jo Xxxxx Xxxxxxxxx Title: Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxxx X. Xxxxxxxxxxx, XX Xxxxxxxx Name: Xxxxxxxx X. Xxxxxxxx Title: Managing Director THE ROYAL BANK OF NOVA SCOTIA ATLANTA AGENCY CANADA, as a Lender By: Xxxxxx /s/ Xxx X. XxXxxxxxxxx Name: Xxx Xxxxxxx X. XxXxxxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO Authorized Signatory BNP PARIBAS, as a Lender By: Xxxxxxx X. /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION Director and By: /s/ Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByName: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEOF AMERICA, INC. N.A., successor by merger to Fleet National Bank, as a Lender By: Xxxxxxx /s/ Xxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. ByXxx Name: Xxxx X. Xxxxx Xxx Title: Vice President & Manager NATIONAL BANK OF CANADA COMERICA BANK, as a Lender By: /s/ Xxxx Xxxxxxx TitleXxxxxx Name: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xx X. Xxx Name: Xxxxx X. Xxx Title: Associate INDOSUEZ Assistant Vice President FORTIS CAPITAL FUNDING IIACORP., LIMITED as a Lender By: INDOSUEZ CAPITAL as Portfolio Manager /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director and By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Deputy General Manager XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxxxx, Xx. Name: Xxxxxx X. Xxxxxxx, Xx. Title: AVP/Portfolio Manager CAPITAL ONE N.A., as a Lender By: /s/ Xxxx X. Xxxxxx Xx. Name: Xxxx X. Xxxxxx Xx. Title: Vice PresidentPresident ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Waiver and Tenth Amendment to Amended and Restated Credit Agreement dated as of November 26, 2007 (the “Tenth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Tenth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Tenth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /s/ Xxxxx X. Xxxx Name: Xxxxx x. Xxxx Title: Vice President and Chief Financial Officer
Appears in 1 contract
NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /s/ Jo Xxxxx Xxxxxxxxx Name: Jo Xxxxx Xxxxxxxxx Title: Managing Director THE Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: ROYAL BANK OF NOVA SCOTIA ATLANTA AGENCY CANADA, as a Lender By: Xxxxxx /s/ Xxx X. XxXxxxxxxxx Name: Xxx Xxxxxxx X. XxXxxxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO Authorized Signatory BNP PARIBAS, as a Lender By: Xxxxxxx X. /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: First Director and By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Vice President XXXXX FARGO BANK (TEXAS)OF AMERICA, NATIONAL ASSOCIATION N.A., successor by merger to Fleet National Bank, as a Lender By: Xxxxx Fruenat /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Vice President COMERICA BANK BANK, as a Lender By: Xxxx /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President CREDIT LYONNAIS - NEW YORK BRANCH PNC BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxx-Xxxxxxx Van Essche Title/s/ Xxxxx X. Xxx Name: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx Xxxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President FORTIS CAPITAL CORP., as a Lender By: Xxxxx Xx /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Associate FIRST UNION NATIONAL BANK Director and By: Xxx X. Xxxxxxxx /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A.Managing Director MIZUHO CORPORATE BANK, "RABOBANK NEDERLAND"LTD., NEW YORK BRANCH as a Lender By: Xxx Xxxxx /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Credit Officer Deputy General Manager XXXXX FARGO BANK, N.A., as a Lender By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By/s/ Xxxxxx X. Xxxxxxx, Xx. Name: Xxxxxx X. Xxxxxx Xxxxxxx, Xx. Title: AVP / Portfolio Manager CAPITAL ONE N.A., as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Sr. Vice President CREDIT INDUSTRIEL ET COMMERCIAL ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Eleventh Amendment to the Credit Agreement dated as of December 15, 2008 (the “Eleventh Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Eleventh Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Eleventh Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By: Xxxxxxx /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEand Chief Financial Officer Annex 1 PRICING SCHEDULE APPLICABLE MARGIN LEVEL I STATUS LEVEL II STATUS LEVEL III STATUS LEVEL IV STATUS Eurodollar Rate 1.00 % 1.25 % 1.50 % 1.75 % Floating Rate 0.25 % 0.50 % 0.75 % 1.00 % APPLICABLE FEE RATE LEVEL I STATUS LEVEL II STATUS LEVEL III STATUS LEVEL IV STATUS Commitment Fee 0.25 % 0.30 % 0.375 % 0.375 % For the purposes of this Pricing Schedule, INC. By: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANKthe following terms have the following meanings, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf subject to the final paragraph of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentthis Pricing Schedule:
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION ByEXECUTED as of the day and year first above written. BORROWER: Xxxxx Xxxxxxx Title: Vice President/Treasurer BANK OF AMERICA, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank By: Xxxxxxx X. Xxxxxxxxxxx, XX Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY By: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEMAGNUM HUNTER RESOURCES, INC. ByBy:/s/Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA By: Xxxx Xxxxxxx Title: Vice President By: (signature illegible) Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY By: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKI, S.A., NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION Chief Financial Officer AGENTS, BANKS AND ISSUER: DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly named Bankers Trust Company), as Administrative Agent, Collateral Agent, Issuer and a Bank By: Xxxxxx X. Xxxxxxxxx ________________________ Name: Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, CIBC INC., as Collateral Manager Syndication Agent and a Bank By: Xxxxxx X. Xxxxxx ________________________ Name: Title: Vice President BALANCED HIGH-YIELD FUND I LTDBNP PARIBAS, as Documentation Agent and a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: FORTIS CAPITAL CORP., as a Bank By:_____________________ Name: Title: - and - By:_____________________ Name: Title: BANK OF SCOTLAND, as a Bank By: ________________________ Name: Title: BANK OF NOVA SCOTIA, as a Bank By: ________________________ Name: Title: XXXXX XXXX XX XXXXXXXXXX, N.A., as a Bank By: ________________________ Name: Title: COMPASS BANK, as a Bank By: ________________________ Name: Title: XXXXX FARGO BANK TEXAS, NA, as a Bank By: ________________________ Name: Title: COMERICA BANK - TEXAS, as a Bank By: __________________________ Name: Title: WASHINGTON MUTUAL BANK, FA, as a Bank By: __________________________ Name: Title: HIBERNIA NATIONAL BANK, as a Bank By: __________________________ Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Bank By: __________________________ Name: Title: ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Third Amendment to Fourth Amended and Restated Credit Agreement dated as of August 28, 2002 (the “Third Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Third Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Third Amendment. Executed to be effective as of August 28, 2002. GUARANTORS: HUNTER GAS GATHERING, INC. GRUY PETROLEUM MANAGEMENT CO. MAGNUM HUNTER PRODUCTION, INC. CONMAG ENERGY CORPORATION TRAPMAR PROPERTIES, INC. PINTAIL ENERGY, INC. PRIZE OPERATING COMPANY PEC (DELAWARE), INC. OKLAHOMA GAS PROCESSING, INC. By: BHF (USA) CAPITAL CORPORATION/s/Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President and Chief Financial Officer PRIZE ENERGY RESOURCES, acting as attorney-in-fact L.P. By: Xxx Xxxxxxxxxxx TitlePrize Operating Company, as its general partner By:_________________________ Name: Assistant Senior Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice Presidentand Chief Financial Officer Annex I Borrowing Base Usage (BBU) Base Rate Loans LIBO Rate Loans Letters of Credit BBU < 25% 0 .00% 1 .25% 1 .25% 25% <= BBU < 50% 0 .25% 1 .50% 1 .50% 50 <= BBU < 75% 0 .50% 1 .75% 1 .75% 75% <= BBU < 90% 0 .75% 2 .00% 2 .00% BBU => 90% 1 .00% 2 .25% 2 .25%
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA CORPORATION, as Borrower By: /s/ Xxxxx Xxxxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A. (formerly known as NationsBank, N.A., successor by merger to NationsBank of TexasBank One, N.A.N.A. (Main Office Chicago)), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /s/ Jo Xxxxx Xxxxxxxxx Name: Jo Xxxxx Xxxxxxxxx Title: Managing Director THE BANK OF NOVA SCOTIA ATLANTA AGENCY Vice President WACHOVIA BANK, NATIONAL ASSOCIATION, as a Lender By: Xxxxxx X. /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL Vice President ROYAL BANK OF CHICAGO CANADA, as a Lender By: Xxxxxxx /s/ Xxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION ByXxxxxxxx Name: Xxxxx Fruenat Title: Vice President COMERICA BANK By: Xxxx X. Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH By: Xxxx-Xxxxxxx Van Essche Title: Vice President THE BANK OF TOKYO-MITSUBISHI, LTD. By: Xxxx X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A.Authorized Signatory BNP PARIBAS, "RABOBANK NEDERLAND", NEW YORK BRANCH as a Lender By: Xxx Xxxxx Title: Senior Credit Officer By: /s/ Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. ByName: Xxxxxxx X. Xxxxxxx Title: Senior Associate Managing Director and By: Xxxxxxx X. Xxxx /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Associate THE FUJI BANKDirector BANK OF AMERICA, LTD. N.A., successor by merger to Fleet National Bank, as a Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxxxx Xxx Title: Vice President & Manager NATIONAL BANK OF CANADA COMERICA BANK, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: (signature illegible) /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Vice President & Manager NATIONAL CITY BANK OF KENTUCKY Corporate Banking Officer FORTIS CAPITAL CORP., as a Lender By: Xxxxxxx X. Xxxxxxx /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and By: B. Xxxx Xxxxx /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President BANK POLSKA KASA OPIEKIManaging Director MIZUHO CORPORATE BANK, S.A.LTD., NEW YORK BRANCH as a Lender By: Hussein B. El-Xxxxx Title/s/ Xxxx Mo Name: Vice President GUARANTY FEDERAL BANK, F.S.B. By: Xxxxxx X. Xxxx Mo Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxxxx Xx. Name: Xxxxxx X. Xxxxxxxxx Xxxxxxx Xx. Title: SOCIETE GENERALEAVP / Portfolio Manager ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain Sixth Amendment to Amended and Restated Credit Agreement dated as of April 13, SOUTHWEST AGENCY 2007 (the “Sixth Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Sixth Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Unmatured Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Sixth Amendment. PENN VIRGINIA HOLDING CORP., a Delaware corporation PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY L.L.C., a Delaware limited liability company PENN VIRGINIA OIL & GAS, L.P., a Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: /s/ Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor ByX. Xxxx Name: Xxxxx X. Page Xxxx Title: Vice President AERIES FINANCE-II LTD. Byand Chief Financial Officer ANNEX 1 COMMITMENT SCHEDULE Lender Commitment JPMorgan Chase Bank, N.A. $ 53,500,000.00 Wachovia Bank, National Association $ 53,500,000.00 Royal Bank of Canada $ 42,500,000.00 BNP Paribas $ 42,500,000.00 Bank of America, N.A. $ 42,500,000.00 Comerica Bank $ 33,100,000.00 PNC Bank, National Association $ 33,100,000.00 Fortis Capital Corp. $ 33,100,000.00 Mizuho Corporate Bank, Ltd. $ 33,100,000.00 Xxxxx Fargo Bank, National Association $ 33,100,000.00 Total: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice President$ 400,000,000.00
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NO ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AMENDMENT AND THE ALL OTHER LOAN ------------------ INSTRUMENTS, DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN AMONG THE PARTIES WITH RESPECT TO THE MATTERS HEREIN CONTAINED, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AMONG THE PARTIES. ================================================================================ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ================================================================================ PILLOWTEX CORPORATION EXECUTED as of the day and year first above written. BORROWER: PENN VIRGINIA HOLDING CORP., as Borrower By: Xxxxx /S/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President/Treasurer BANK OF AMERICAPresident and Chief Financial Officer PARENT: PENN VIRGINIA CORPORATION, N.A. (formerly known as NationsBankParent By: /S/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President and Chief Financial Officer ADMINISTRATIVE AGENT AND LENDERS JPMORGAN CHASE BANK, N.A., successor by merger to NationsBank of Texas, N.A.), as Administrative Agent and as a Lender, Swing Line Bank and Issuing Bank Lender By: Xxxxxxx X. Xxxxxxxxxxx, XX /S/ JO XXXXX XXXXXXXXX Name: Jo Xxxxx Xxxxxxxxx Title: Managing Director THE Authorized Officer BANK OF NOVA SCOTIA ATLANTA AGENCY ByAMERICA, N.A., as a Lender By /S/ XXXXXXX XXXXXXX Name: Xxxxxxx Xxxxxxx Title: Director XXXXX FARGO BANK, N.A., as a Lender By /S/ XXXXXX X. XXXXXXX, XX. Name: Xxxxxx X. Xxx Xxxxxxx Title: Relationship Manager THE FIRST NATIONAL BANK OF CHICAGO By: Xxxxxxx X. Xxxxxx Title: First Vice President XXXXX FARGO BANK (TEXAS)Xxxxxxx, NATIONAL ASSOCIATION By: Xxxxx Fruenat Xx. Title: Vice President COMERICA BNP PARIBAS, as a Lender By /S/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Director By /S/ XXXXXXXX XXXXX Name: Xxxxxxxx Xxxxx Title: Director ROYAL BANK ByOF CANADA, as a Lender By /S/ XXX X. XXXXXXXXXXX Name: Xxxx Xxx X. XxXxxxxxxxx Title: Authorized Signatory CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By /S/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Vice President CREDIT LYONNAIS - NEW YORK BRANCH BySCOTIABANC INC., as a Lender By /S/ X. X. XXXX Name: Xxxx-Xxxxxxx Van Essche X. X. Xxxx Title: Vice President THE Managing Director BOKF, N.A., dba BANK OF TOKYO-MITSUBISHIOKLAHOMA, LTD. By: Xxxx as a Lender By /S/ XXXXX X. XxXxxx Title: Vice President & Manager BANK ONE, TEXAS, N.A. By: Xxxxxxx X. Xxxxxx Title: First Vice President BHF (USA) CAPITAL CORPORATION By: Xxx Xxxxxxxxxxx Title: Assistant Vice President ByXXXX Name: Xxxxx Xx Title: Associate FIRST UNION NATIONAL BANK By: Xxx X. Xxxxxxxx Title: Senior Vice President COOPERATIEVE CENTRALE RAIFFEISEN- BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH By: Xxx Xxxxx Title: Senior Credit Officer By: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK By: Xxxxxx X. Xxxxxx Title: Vice President CREDIT INDUSTRIEL ET COMMERCIAL By: Xxxxxxx Xxxx Title: Vice President By: Xxxxxx Xxxxxx Title: Vice President BARCLAYS BANK AUSTRIA CREDITANSTALT CORPORATE FINANCEPLC, INC. Byas a Lender By /S/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Associate By: Xxxxxxx X. Xxxx Title: Senior Associate THE FUJI BANK, LTD. By: Xxxx X. Xxxxx Title: Vice President & Manager NATIONAL BANK OF CANADA ByCOMERICA BANK, as a Lender By /S/ XXXX X. XXXXXXX Name: Xxxx X. Xxxxxxx Title: Assistant Vice President By: (signature illegible) Title: Vice President & Manager PNC BANK, NATIONAL CITY BANK OF KENTUCKY ByASSOCIATION, as a Lender By /S/ XXXXXXX X. XXXXXXX Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President THE PRUDENTIAL INSURANCE ACKNOWLEDGMENT BY GUARANTORS Each of the undersigned Guarantors hereby (i) consents to the terms and conditions of that certain First Amendment to Amended and Restated Credit Agreement dated as of January 11, 2012 (the “Amendment”), (ii) acknowledges and agrees that its consent is not required for the effectiveness of the Amendment, (iii) ratifies and acknowledges its respective Obligations under each Loan Document to which it is a party, and (iv) represents and warrants that (a) no Default or Event of Default has occurred and is continuing, (b) it is in full compliance with all covenants and agreements pertaining to it in the Loan Documents, and (c) it has reviewed a copy of the Amendment. PENN VIRGINIA OIL & GAS CORPORATION, a Virginia corporation PENN VIRGINIA OIL & GAS GP LLC, a Delaware limited liability company PENN VIRGINIA OIL & GAS LP LLC, a Delaware limited liability company PENN VIRGINIA MC CORPORATION, a Delaware corporation PENN VIRGINIA MC ENERGY L.L.C., a Delaware limited liability company PENN VIRGINIA MC OPERATING COMPANY OF AMERICA By: B. Xxxx Xxxxx Title: Vice President BANK POLSKA KASA OPIEKIL.L.C., S.A.a Delaware limited liability company PENN VIRGINIA OIL & GAS, NEW YORK BRANCH By: Hussein B. El-Xxxxx Title: Vice President GUARANTY FEDERAL BANKL.P., F.S.B. Bya Texas limited partnership By Penn Virginia Oil & Gas GP LLC, a Delaware limited liability company, as its general partner By /S/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxx Xxxxxxx Title: Senior Vice President GENERAL ELECTRIC CAPITAL CORPORATION By: Xxxxxx X. Xxxxxxxxx Title: SOCIETE GENERALE, SOUTHWEST AGENCY By: Xxxxxx Xxxxxxxx Title: Director CONSENTED TO BY: KZH WATERSIDE LLC By: Xxxxx Xxx Title: Authorized Agent SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor By: Xxxxx X. Page Title: Vice President AERIES FINANCE-II LTD. By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent By: (signature illegible) Title: Vice President CYPRESSTREE INVESTMENT PARTNERS I, LTD., By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal NORTH AMERICAN SENIOR FLOATING RATE FUND By: Cypress Tree Investment Management Company, Inc., as Portfolio Manager By: Xxxxxxx Xxxxx Title: Principal CYPRESSTREE INVESTMENT MANAGEMENT COMPANY, INC. As: Attorney-in-Fact and on behalf of First Allmerica Chief Financial Life Insurance Company as Portfolio Manager By: Xxxxxxx X. Xxxxx Title: Principal XXX XXXXXX CLO I, LIMITED By: XXX XXXXXX MANAGEMENT, INC., as Collateral Manager By: Xxxxxx X. Xxxxxx Title: Vice President BALANCED HIGH-YIELD FUND I LTD. By: BHF (USA) CAPITAL CORPORATION, acting as attorney-in-fact By: Xxx Xxxxxxxxxxx Title: Assistant Vice President By: Xxxxx Xx Title: Associate INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: INDOSUEZ CAPITAL as Portfolio Manager By: Xxxxxxx Xxxxxx Title: Vice PresidentOfficer
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