TO ASSIGNMENT AND ACCEPTANCE. STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. The assignee hereby purchases and assumes from the assignor the following interest in and to all of the Assignor’s rights and obligations under the Credit Agreement as of the effective date. Facility Assigned Aggregate Commitment/Loans for All Lenders Amount of Commitment/Loans Assigned Percentage Assigned of Commitment/Loans Revolving Credit $____________ $____________ _____% Term Credit $____________ $____________ _____% EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ Bank of Montreal, as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4, 2013, among Whitestone REIT Operating Partnership, L.P., as Borrower, the Guarantors signatories thereto, the Lenders from time to time party thereto, and the Administrative Agent (the “Credit Agreement”) Ladies and Gentlemen: Reference is made to the Credit Agreement described above. Terms not defined herein which are defined in the Credit Agreement shall have for the purposes hereof the meaning provided therein. The undersigned, [name of Subsidiary Guarantor], a [jurisdiction of incorporation or organization] hereby elects to be a “Guarantor” for all purposes of the Credit Agreement, effective from the date hereof. The undersigned confirms that the representations and warranties set forth in Section 6 of the Credit Agreement are true and correct as to the undersigned as of the date hereof and the undersigned shall comply with each of the covenants set forth in Section 8 of the Credit Agreement applicable to it. Without limiting the generality of the foregoing, the undersigned hereby agrees to perform all the obligations of a Guarantor under, and to be bound in all respects by the terms of, the Credit Agreement, including, without limitation, Section 13 thereof, to the same extent and with the same force and effect as if the undersigned were a signatory party thereto. The undersigned acknowledges that this Agreement shall be effective upon its execution and delivery by the undersigned to the Administrative Agent, and it shall not be necessary for the Administrative Agent or any Lender, or any of their Affiliates entitled to the benefits hereof, to execute this Agreement or any other acceptance hereof. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Illinois. Very truly yours, [NAME OF SUBSIDIARY GUARANTOR] By Name Title___________________________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal,...
TO ASSIGNMENT AND ACCEPTANCE. ADMINISTRATIVE DETAILS (Assignee to list names of credit contacts, addresses, phone and facsimile numbers, electronic mail addresses and account and payment information)
TO ASSIGNMENT AND ACCEPTANCE. Reference is made to the Third Amended and Restated Credit Agreement dated as of March 21, 2014 (as amended, restated, supplemented or otherwise modified, the “Credit Agreement”) by, among others, (i) Toys “R” Us-Delaware, Inc., for itself and as agent (in such capacity, the “Lead Borrower” for the other Domestic Borrowers party thereto from time to time, (ii) the other Domestic Borrowers party thereto from time to time, (iii) Toys “R” Us (Canada) Ltd. Toys “R” Us (Canada) Ltee (the “Canadian Borrower”, and together with the Lead Borrower and the other Domestic Borrowers, individually, a “Borrower”, and collectively, the “Borrowers”), (iv) the Facility Guarantors party thereto from time to time, (v) Bank of America, N.A., as Administrative Agent for its own benefit and the benefit of the other Secured Parties, (vi) Bank of America, N.A. (acting through its Canada branch), as Canadian Agent for its own benefit and the benefit of the other Secured Parties, and (vii) the Lenders party thereto. All capitalized terms used herein and not otherwise defined shall have the same meaning herein as in the Credit Agreement. STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. Reference is made to the Amended and Restated Term Loan Credit Agreement, dated as of June 18, 2018 (as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among CPG International LLC, a Delaware limited liability company (the “Borrower”), the Lenders party thereto from time to time, and Jefferies Finance LLC, as administrative agent (in such capacity, the “Administrative Agent”), and as collateral agent (in such capacity, the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement. STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. Reference is made to the Third Amended and Restated Credit Agreement dated as of January 7, 2011 (as such may be amended, modified, supplemented or restated hereafter, the “Credit Agreement”) by, among others, the Bxxxx Shoe Company, Inc., a New York corporation (the “Lead Borrower”), the Borrowers from time to time party thereto, Bxxxx Shoe Company of Canada Ltd, the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent and Collateral Agent for the Lenders (in such capacity, the “Agent”), and Bank of America, N.A., as Lead Issuing Bank. STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. Reference is made to the Term Loan Credit Agreement, dated as of October 25, 2013 (as amended, restated, supplemented, extended, renewed or otherwise modified from time to time, the “Credit Agreement”), by and among MARIPOSA INTERMEDIATE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), NEIMAN MARCUS GROUP LTD LLC, a Delaware limited liability company, THE NEIMAN MARCUS GROUP LLC, a Delaware limited liability company, THE NMG SUBSIDIARY LLC, a Delaware limited liability company, as the Borrowers, the Lenders party thereto from time to time, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent and Collateral Agent. STANDARD TERMS AND CONDITIONS FOR NON-DEBT FUND AFFILIATE ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. Reference is made to the Credit and Guaranty Agreement, dated as of June 27, 2013 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), among American Airlines, Inc., a Delaware corporation (the “Borrower”), AMR Corporation, a Delaware corporation (“Parent”), the other Subsidiaries of Parent from time to time party thereto other than the Borrower (the “Guarantors”), Deutsche Bank AG New York Branch, as administrative agent (the “Administrative Agent”), as collateral agent (the “Collateral Agent”), and as issuing lender (the “Issuing Lender”), and the Lenders party thereto from time to time. STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT AND ACCEPTANCE
TO ASSIGNMENT AND ACCEPTANCE. The assignee hereby purchases and assumes from the assignor the following interest in and to all of the Assignor’s rights and obligations under the Credit Agreement as of the effective date. FACILITY ASSIGNED AGGREGATE COMMITMENT/LOANS FOR ALL LENDERS AMOUNT OF COMMITMENT/LOANS ASSIGNED PERCENTAGE ASSIGNED OF COMMITMENT/LOANS Revolving Credit $ $ % Term Loan $ $ % SCHEDULE 1
TO ASSIGNMENT AND ACCEPTANCE. ADMINISTRATIVE DETAILS (Assignee to list names of credit contacts, addresses, phone and facsimile numbers, electronic mail addresses and account and payment information) 3rd A&R Credit Agreement [Enserco] Exhibit C 011038.0122\517034.09 EXHIBIT D FORM OF BORROWING BASE COLLATERAL POSITION REPORT [Date] Fortis Capital Corp 10000 Xxxxx Xxxxxx Xxxxxxx 1221 Avenue of the Americas Sxxxx 0000 Xxx Xxxx, Xxx Xxxx 00000 Axxxxxx, Xxxxx 00000 Attention: Cxxxx Xxxxxxx Attention: Cxxxx-Xxxx Oh Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 · Re: Third Amended and Restated Credit Agreement, dated to be effective as of May __, 2009 (as amended or supplemented from time to time, the “Agreement”), by and among Enserco Energy, Inc. (the “Borrower”), the banks that from time to time are parties thereto, and Fortis Capital Corp., as Agent Ladies and Gentlemen: The Borrower, acting through its duly authorized Responsible Officer (as that term is defined in the Agreement), delivers the attached report to the Banks and certifies to each of the Banks that it has at all times been and continues to be in compliance with the Agreement. Further, the undersigned hereby certifies that (i) the undersigned has no knowledge of any Defaults or Events of Default under the Agreement which existed since the Closing Date of the Agreement (other than any Defaults or Events of Default of which the Borrower has previously notified the Agent pursuant to Section 7.02 or 7.03 of the Agreement) or which exist as of the date of this letter and (ii) as of the date written above, the amounts indicated on the attached schedule were accurate and true as of the date of preparation. The undersigned also certifies that the amounts set forth on the attached report constitute all Collateral which has been or is being used in determining availability for an advance or letter of credit issued under the Borrowing Base Line, as of the preceding date of such advance or issuance, as applicable. This certificate and attached reports are submitted pursuant to Subsection 7.02(b) of the Agreement. Capitalized terms used herein and in the attached reports have the meanings specified in the Agreement. Very truly yours, ENSERCO ENERGY INC., a South Dakota corporation By: Name: Responsible Officer Enserco Energy Inc. BORROWING BASE COLLATERAL POSITION REPORT AS OF [DATE]
