Signature Pages to Follow. This Amendment is executed as of the Effective Date. BORROWER: TEXAS OIL & CHEMICAL CO. II, INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Treasurer GUARANTORS: SOUTH HAMPTON RESOURCES, INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Treasurer GULF STATE PIPE LINE COMPANY, INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Treasurer TRECORA CHEMICAL, INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Treasurer (Texas Oil & Chemical Co. II, Inc.) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President (Texas Oil & Chemical Co. II, Inc.) LENDER: BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swingline Lender By: /s/ Xxxx Xxxx Xxxx Xxxx Senior Vice President (Texas Oil & Chemical Co. II, Inc.) LENDER: CITIBANK, N.A., as a Lender and L/C Issuer By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President (Texas Oil & Chemical Co. II, Inc.) LENDER: BMO XXXXXX BANK N.A., as a Lender By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President (Texas Oil & Chemical Co. II, Inc.) LENDER: CAPITAL ONE, N.A., as a Lender By:/s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President (Texas Oil & Chemical Co. II, Inc.) LENDER: REGIONS BANK, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President (Texas Oil & Chemical Co. II, Inc.) DEPARTING LENDER: COMPASS BANK, as a Departing Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President (Texas Oil & Chemical Co. II, Inc.) DEPARTING LENDER: SUNTRUST BANK, as a Departing Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director (Texas Oil & Chemical Co. II, Inc.) ANNEX A Amended and Restated Credit Agreement ANNEX A Published CUSIP Number: 00000XXX0 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 1, 2014 as amended by the First Amendment, dated as of February 20, 2015, by the Second Amendment, dated as of March 28, 2017, and by the Third Amendment, dated as of Jul 25, 2017; and as further amended as of July 31, 2018 among TEXAS OIL & CHEMICAL CO. II, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and an L/C Issuer, and CITIBANK, N.A., as an L/C Issuer, and THE LENDERS PARTY HERETO XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, and CITIBANK, N.A. as SoleJoint Lead ArrangerArrangers and Sole BookrunnerJoint Bookrunners BMO XXXXXX BANK N.A., as Syndication Agent 432...
Signature Pages to Follow. The undersigned, constituting a majority of each class of Units, do hereby approve the adoption of this Agreement as the limited liability company agreement of the Company as of the date first above written. CLASS A-1 MEMBERS: CSL ENERGY OPPORTUNITIES FUND I, L.P. By: CSL Energy Opportunity GP I, LLC, its general partner By: Name: Title: CSL ENERGY HOLDINGS I, LLC By: Name: Title: XXXXX XXXXXXXX XXXXXX XXXXXXXX XXXXX XXXXXXX XXXX XXXXXX XXXXXXX XXXXXXXX XXXX XXXX Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement 1307, LTD By: Name: Title: MICHMATT, LTD By: Name: Title: KELLAN RESOURCES, LP By: Name: Title: DHW ENERGY, LTD By: Name: Title: VENUCOT, LTD By: Name: Title: XXX XXXXXX Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement XXXXXXX XXXXXX XXXXX XXXXX XXXX XXXXX AJAE LIMITED PARTNERSHIP By: Name: Title: XX XXXXX XXXXXX XXXXXX BKRK INVESTMENTS By: Name: Title: XXXXXXX XXXXXX Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement XXXXXX X. XXXXXX XXXXX XXXXX XXXXXX XXX VENTURES By: Name: Title: Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement CLASS A-2 MEMBERS: XXXXXX XXXXXXXX XXXXX XXXXXXXX XXXXXXX XXXXXXXX 1307, LTD By: Name: Title: MICHMATT, LTD By: Name: Title: KELLAN RESOURCES, LP By: Name: Title: DHW ENERGY, LTD By: Name: Title: Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement VENUCOT, LTD By: Name: Title: XXX XXXXXX XXXX X. XXXX XXXXXXX XXXXXX XXXXX XXXXX XXXX XXXXX AJAE LIMITED PARTNERSHIP By: Name: Title: XXX XXXXXXX XX XXXXX XXXXXX XXXXXX Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement BKRK INVESTMENTS By: Name: Title: XXXXXXX X. XXXXXXXXX CAERUS HOLDINGS, LLC By: Name: Title: TEXICAN LAND COMPANY LP By: Name: Title: KP-XXXX VENTURE IV, LLC By: Name: Title: WRB INTERESTS LTD By: Name: Title: Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement XXXXXXX XXXXXX XXXXXX X. XXXXXX XXXXX XXXXXXX XXXXX XXXXX XXXXX XXXXX CC NATURAL RESOURCE INTERESTS, LLC By: Name: Title: Signature Page to Torrent Energy Holdings, LLC Third Amended and Restated Limited Liability Company Agreement CLASS B MEMBERS: XXXXXX XXXXXXXX XXXXX XXXXXXXX XXXXX XXXXXXX XXXX ...
Signature Pages to Follow. This note is one of the Notes referred to in the Credit Agreement dated as of October 1, 2014 among the Borrower, the banks listed on the signature pages thereof, Citibank, N.A., JPMorgan Chase Bank, N.A., and Xxxxx Fargo Bank, National Association, as Administrative Agents, and Citibank, N.A., as Servicing Agent (as the same may be amended from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment hereof and the acceleration of the maturity hereof. THE CLOROX COMPANY By: Name: Title: By: Name: Title: Signature Page to Note LOANS AND PAYMENTS OF PRINCIPAL Date Amount of Loan Type of Loan Amount of Principal Repaid Maturity Date Notation Made By EXHIBIT B - Competitive Bid Quote Request Form of Competitive Bid Quote Request [Date] To: Citibank, N.A. (the “Servicing Agent”) From: The Clorox Company Re: Credit Agreement (the “Credit Agreement”) dated as of October 1, 2014 among the Borrower, the banks listed on the signature pages thereof, N.A., Citibank, N.A., JPMorgan Chase Bank and Xxxxx Fargo Bank, National Association, as Administrative Agents, and Citibank, N.A., as Servicing Agent We hereby give notice pursuant to Section 2.03 of the Credit Agreement that we request Competitive Bid Quotes for the following proposed Competitive Bid Borrowing(s): Date of Borrowing: Principal Amount1 Interest Period2 $ ____________________ 1 Amount must be $10,000,000 or a larger multiple of $1,000,000. 2 Not less than one month (LIBOR Auction) or not less than 7 days (Absolute Rate Auction), subject to the provisions of the definition of Interest Period. A request for offers for more than one Interest Period may be made. Such Competitive Bid Quotes should offer a Competitive Bid [Margin] [Absolute Rate]. [The applicable base rate is the London Interbank Offered Rate.] Terms used herein have the meanings assigned to them in the Credit Agreement. THE CLOROX COMPANY By: Name: Title: EXHIBIT C - Invitation for Competitive Bid Quotes Form of Invitation for Competitive Bid Quotes To: [Name of Bank] Re: Invitation for Competitive Bid Quotes to The Clorox Company (the “Borrower”) Pursuant to Section 2.03 of the Credit Agreement dated as of October 1, 2014 among the Borrower, the banks listed on the signature pages thereof, Citibank, N.A., JPMorgan Chase Bank, N.A. and Xxxxx Fargo Bank, National Association, as Administrative Agents, and Citib...
Signature Pages to Follow. Project Operating Agreement 11/17/10 City Attorney Group AUTHORITY: East Bay Regional Communications System Authority By: Xxxxxxx X. Xxxxx, Chair APPROVED AS TO FORM: By: Xxxxx Xxxxxxxx, Attorney at Law USER: County of Contra Costa By: Xxxx Xxxxx, Chair, Board of Supervisors ATTEST: By: Xxxxx X. Twa, County Administrator and Clerk of the Board of Supervisors APPROVED AS TO FORM: By: Xxxxxx X. Xxxxxxxx, County Counsel Project Operating Agreement 090910 EXHIBIT A SERVICE AND OPERATING PAYMENT AMOUNTS AS OF FISCAL YEAR 2013-2014 The amount of User's Operating Payments will be calculated and made each year based on the total number of radios that Subscribers have committed to place in service in the Project, once the User has paid the upfront cost of $200 per radio. There are two types of payment categories: Payment Category #1 – If the User prepays its Service Payment it will only be responsible for its Operating Payments.. The amount to prepay the Service Payment is estimated to be $1,545 per radio placed in service. The Operating Payment for a User that has prepaid its Service Payment is estimated to be $30 per month per radio subscribed to the Project. The Authority will notify the User of the amount of the Operating Payment in January of the fiscal year preceding the fiscal year for such payment. Operating Payments will be due by August 31st of the fiscal year in which such payment is due. Payment Category #2 – If the User does not prepay its Service Payment, it will be responsible for both the Service Payment and Operating Payment components of the User Payment. Such User will pay a combined User Payment that includes the Service Payment and Operating Payment components, with an estimated combined payment of $45 per month for each radio it subscribes to the Project. The Authority will notify the User of the amount of the required User Payment in January of the fiscal year preceding the fiscal year for such payment. The User Payment will be due by August 31st of the fiscal year in which such payment is due. The estimated payments reflected in this Exhibit A are based on Project costs of $17,000,000 and a total number of 11,000 radios committed to service on the Project. In the event that prior to January 1, 2013, the total number of radios committed to service on the Project increases or decreases, or the Project cost decreases, the User will receive a credit or a rate adjustment, as applicable. User: Amount of Prepayment of Service Payments (if applicabl...
Signature Pages to Follow. EXECUTION PAGE ONLY
Signature Pages to Follow. Dated as of , 2018 by the City.
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Signature Pages to Follow. 14 Tenth Amendment EXECUTED as of the day and year first mentioned. ALAMO GROUP INC., a Delaware corporation By: /s/ Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice President BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Exxx X. Xxxxxxx Name: Exxx X. Xxxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Lender By: /s/ Sxxxx Xxxxxx Sxxxx Xxxxxx, Senior Vice President WXXXX FARGO BANK, N.A., as a Lender By: /s/ Axxx Xxxxxx Name: Axxx Xxxxxx Title: Senior Vice President COMPASS BANK, successor in interest to Guaranty Bank, as a Lender By: /s/ Jxx X. Xxxxx Name: Jxx X. Xxxxx Title: SVP COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as a Lender By: /s/ Pxxxxxx Lehane Name: Pxxxxxx Lxxxxx Title: Vice President By: /s/ Pxxxx Xxxxx Name: Pxxxx Xxxxx Title: Executive Director ZB, N.A. dba AMEGY BANK, successor-in- interest to Amegy Bank National Association, as a Lender By: /s/ Rxx Xxxxx Name: Rxx Xxxxx Title: SVP To induce the Administrative Agent and Lenders to enter into this Amendment, each of the undersigned (a) consent and agree to this Amendment's execution and delivery, (b) ratify and confirm that all guaranties, assurances, and Liens (if any) granted, conveyed, or assigned to Administrative Agent on behalf of Lenders under the Loan Documents are not released, diminished, impaired, reduced, or otherwise adversely affected by this Amendment and continue to guarantee, assure, and secure the full payment and performance of all present and future Obligation (except to the extent specifically limited by the terms of such guaranties, assurances, or Liens), (c) agree to perform such acts and duly authorize, execute, acknowledge, deliver, file, and record such additional guaranties, assignments, security agreements, deeds of trust, mortgages, and other agreements, documents, instruments, and certificates as Administrative Agent may reasonably deem necessary or appropriate in order to create, perfect, preserve, and protect those guaranties, assurances, and Liens (if any), and (d) waive notice of acceptance of this consent and agreement, which consent and agreement binds the undersigned and their successors and permitted assigns and inures to Administrative Agent, Lenders, and their respective successors and permitted assigns. ALAMO GROUP (TX) INC., f/k/a Alamo Industrial, Inc., a Texas corporation By: /s/ Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice President ALAMO GROUP (IA) INC., a Nevada corporation By: /s/ Rxxxxx X. Xxxxxx Rxxxxx X. Xxxxxx Vice Pxxxxxxxx XXXX HOG, I...
Signature Pages to Follow. “CITY” CITY OF LINCOLN, NEBRASKA a municipal corporation BY: Xxxxx Xxxxxxx, Mayor STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER ) The foregoing was acknowledged before me this day of , 2018, by Xxxxx Xxxxxxx, Mayor of the City of Lincoln, Nebraska, a municipal corporation, on behalf the municipal corporation. (Seal) Notary Public “WILDERNESS HEIGHTS OWNER” LINCOLN FEDERAL BANCORP, a federal corporation BY: Name, Title STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER ) The foregoing was acknowledged before me this day of , 2018, by , (Title) of the Lincoln Federal Bancorp, a federal corporation, on behalf of the corporation. (Seal)
Signature Pages to Follow. This Amendment is executed as of the Effective Date. BORROWER: XXXXXX INDUSTRIES, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: EVP/CFO First Amendment to Credit Agreement GUARANTORS: XXXXXX ELECTRICAL SYSTEMS, INC. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: EVP/CFO XXXXXX INDUSTRIES INTERNATIONAL, INC. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: EVP/CFO First Amendment to Credit Agreement ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Senior Vice President First Amendment to Credit Agreement LENDER: BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swingline Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Senior Vice President
