Common use of TO ASSIGNMENT AND ACCEPTANCE Clause in Contracts

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, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.

Appears in 2 contracts

Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT)

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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 For All Lenders Amount of Commitment/Loans Assigned Percentage Assigned of Commitment/Loans Revolving Credit $$ _____________ $$ _____________ ______ % Term Credit $Loan $ _____________ $$ _____________ _____ % Exhibit H Increase Request _% EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ____ To: Bank of Montreal, as Administrative Agent for under Credit Agreement described below Ladies and Gentlemen: The undersigned, GFA Brands, Inc. and Glutino USA, Inc. (the Lenders named in “Borrowers”), hereby refer to the Amended and Restated Credit Agreement dated as of February 4March 31, 20132011, among Whitestone REIT Operating Partnership, L.P., as Borrowerthe Borrowers, the Guarantors signatories party thereto, the Lenders and L/C Issuer party thereto and you (as amended, modified, restated or supplemented from time to time party theretotime, and the Administrative Agent (the “Credit Agreement”) Ladies and Gentlemen: Reference is made requests that the Administrative Agent consent to the Credit Agreement described above. Terms not defined herein which are defined a(n) [increase in the aggregate Revolving Credit Agreement shall have for Commitments][making of Incremental Term Loans] (the purposes hereof the meaning provided therein. The undersigned“Increase”), [name of Subsidiary Guarantor], a [jurisdiction of incorporation or organization] hereby elects to be a “Guarantor” for all purposes in accordance with Section 1.16 of the Credit Agreement, effective from to be effected by [an increase in the date hereof. The undersigned confirms that Revolving Credit][the making of an Incremental Term Loan] of/by [name of existing Lender] [the representations and warranties set forth in Section 6 addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement are true and correct Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as to the undersigned as of the date hereof and the undersigned shall comply with each of the covenants set forth such terms have 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. After giving effect to such Increase, including, without limitation, Section 13 thereof, to the same extent and with [Revolving Credit Commitment][Incremental Term Loan] of the same force and effect as if the undersigned were a signatory party thereto. The undersigned acknowledges that this Agreement [Lender] [New Lender] 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, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, Inc.)

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 Exhibit G ADDITIONAL GUARANTOR SUPPLEMENT Additional Guarantor Supplement ______________, ___ Bank of Montreal, as Administrative Agent for the Lenders named in the Amended and Restated Credit Agreement dated as of February 4March 28, 20132017, among Whitestone REIT Operating PartnershipUMH Properties, L.P.Inc., as Borrower, the Guarantors signatories from time to time party thereto, the Lenders from time to time party thereto, and the Administrative Agent (as amended, restated, supplemented or otherwise modified from time to time, 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 each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct as to the undersigned as of the date hereof and the undersigned shall comply with and perform each of the covenants and obligations 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 underin, and to be bound in all respects by the terms of, the Credit AgreementAgreement that are applicable to a Guarantor, including, without limitation, Section the provisions of Sections 8 and 13 thereofof the Credit Agreement that are applicable to a Guarantor, in each case, 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 GUARANTORName of Subsidiary Guarantor] By Name TitleTitle Exhibit H Commitment Amount Increase Request ______________, _____ To: Bank of Montreal, as Administrative Agent for the Lenders parties to the Amended and Restated Credit Agreement dated as of March 28, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among UMH Properties, Inc., as Borrower, the Guarantors from time to time party thereto, certain Lenders party thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, UMH Properties, Inc. (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Commitment of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Commitment of the [Lender] [New Lender] shall be $_____________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Umh Properties, Inc.)

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​ ​ ​ ​ ​ ​ ​ ​ FACILITY ASSIGNED AGGREGATE COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF COMMITMENT/Loans Revolving Credit LOANS Term Loan ​ $____________ $____________ _____% Term Credit $____________ $____________ _____% ​ ​ ​ [Exhibit F-4] ​ EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ Bank of MontrealTruist Bank, N.A., as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4May 21, 20132021, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination DateNew York.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

TO ASSIGNMENT AND ACCEPTANCE. The assignee Assignee hereby purchases and assumes from the assignor 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 $____________ $____________ _____Loan $ $ % EXHIBIT Incremental Term Loan $ $ % Exhibit G ADDITIONAL GUARANTOR SUPPLEMENT Additional Guarantor Supplement ______________, 20___ Bank of Montreal, as Administrative Agent for the Lenders named in the Amended and Restated Credit Agreement dated as of February 4November 15, 20132019, among Whitestone REIT Operating Partnership, L.P.Monmouth Real Estate Investment Corporation, as Borrower, the Guarantors signatories from time to time party thereto, the Lenders from time to time party thereto, the L/C Issuer, 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 each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct in all material respects (where not already qualified by materiality or Material Adverse Effect, otherwise in all respects) as to the undersigned as of the date hereof and the undersigned shall comply with and perform each of the covenants and obligations 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 underin, and to be bound in all respects by the terms of, the Credit AgreementAgreement that are applicable to a Guarantor, including, without limitation, Section the provisions of Sections 8 and 13 thereofof the Credit Agreement that are applicable to a Guarantor, in each case, 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 IllinoisNew York (including Section 5-1401 and Section 5-1402 of the General Obligations law of the State of New York). Very truly yours, [NAME OF SUBSIDIARY GUARANTORName of Subsidiary Guarantor] By Name TitleTitle Exhibit H Commitment Amount Increase/Incremental Term Loan Request _______________, 20___ To: Bank of Montreal, as Administrative Agent for the Lenders party to the Credit Agreement dated as of November 15, 2019 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Monmouth Real Estate Investment Corporation, the Guarantors from time to time party thereto, certain Lenders party thereto, the L/C Issuer, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Monmouth Real Estate Investment Corporation (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to [an increase in the aggregate Revolving Credit Commitments (the “Revolving Credit Commitment Amount Increase”)] [and/or] [establish one or more new term loan commitments (any such new term loan, and “Incremental Term Loan Commitment”)], in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Revolving Credit Commitment] [and/or] [establishment of an Incremental Term Loan Commitment] of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. [After giving effect to such Revolving Credit Commitment Amount Increase, the Revolving Credit Commitment of the [Lender] [New Lender] shall be $_____________.] [After giving effect to such Incremental Term Loan Commitment, the Incremental Term Loans of the [Lender] [New Lender] shall be $_______ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date_______.] [Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Monmouth Real Estate Investment Corp)

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 CommitmentFACILITY ASSIGNED AGGREGATE REVOLVING CREDIT COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF REVOLVING CREDIT COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF REVOLVING CREDIT COMMITMENT/Loans 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 4November 26, 20132019, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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 IllinoisNew York. Very truly yours, [NAME OF SUBSIDIARY GUARANTOR] By Name TitleTitle EXHIBIT H COMMITMENT AMOUNT INCREASE REQUEST _______________, ____ To: Bank of Montreal, as Administrative Agent for the Lenders parties to the Credit Agreement dated as of November 26, 2019 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Alpine Income Property OP, LP, the Guarantors which are signatories thereto, certain Lenders parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Alpine Income Property OP, LP (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to an increase in the aggregate Revolving Credit Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Revolving Credit Commitment of [name of existing Lender]] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Revolving Credit Commitment of the [Lender] [New Lender] shall be $____________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1‑4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

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​ ​ ​ ​ FACILITY ASSIGNED AGGREGATE COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF COMMITMENT/Loans Revolving Credit LOANS Term Loan $____________ $____________ _____% Term Credit $____________ $____________ _____% ​ ​ ​ ​ EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ Bank of Montreal​ ​ Truist Bank, N.A., as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4May 21, 20132021, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination DateNew York.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

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 CommitmentFACILITY ASSIGNED AGGREGATE REVOLVING CREDIT COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF REVOLVING CREDIT COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF REVOLVING CREDIT COMMITMENT/Loans LOANS Revolving Credit $____________ $____________ _____% Term Credit $____________ $____________ _____% EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ Bank of Montreal, as Administrative Agent for the Lenders named in the Second Amended and Restated Credit Agreement dated as of February 4September 7, 20132017, among Whitestone REIT Operating Partnership, L.P.Consolidated-Tomoka Land Co., 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 IllinoisNew York. Very truly yours, [NAME OF SUBSIDIARY GUARANTOR] By Name TitleTitle EXHIBIT H COMMITMENT AMOUNT INCREASE REQUEST _______________, ____ To:Bank of Montreal, as Administrative Agent for the Lenders parties to the Second Amended and Restated Credit Agreement dated as of September 7, 2017 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Consolidated-Tomoka Land Co., the Guarantors which are signatories thereto, certain Lenders parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Consolidated-Tomoka Land Co. (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to an increase in the aggregate Revolving Credit Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Revolving Credit Commitment of [name of existing Lender]] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Revolving Credit Commitment of the [Lender] [New Lender] shall be $____________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1‑4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Consolidated Tomoka Land Co)

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 $____________ $____________ _____% Term Credit $____________ $____________ _____% EXHIBIT ​ ​ [Exhibit F-4] ​ ​ Exhibit G ADDITIONAL GUARANTOR SUPPLEMENT Additional Guarantor Supplement ______________, ___ Bank of MontrealKeyBank National Association, as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4September 30, 20132021, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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 IllinoisNew York. Very truly yours, [NAME OF SUBSIDIARY GUARANTORName of Subsidiary Guarantor] By Name Title________________________________ ​ ​ [Exhibit G] ​ ​ Exhibit H Commitment Amount Increase Request _______________, ____ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of MontrealKeyBank National Association, as Administrative Agent under, and for the Lenders party to, the Credit Agreement described below. Pursuant parties to the terms of the Credit Agreement dated as of February 4September 30, 20132021 (as extended, among us (renewed, amended or restated from time to time, the “Credit Agreement”), we submit this Borrowing Base Certificate among Alpine Income Property OP, LP, the Guarantors which are signatories thereto, certain Lenders parties thereto, and the Administrative Agent Ladies and Gentlemen: The undersigned, Alpine Income Property OP, LP (the “Borrower”) hereby refers to you the Credit Agreement and certify requests that the calculation Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Increase”), in accordance with Section 1.15 of the Borrowing Base set forth below and on any Exhibits Credit Agreement, to this Certificate is true, correct and complete be effected by [an increase in the Commitment of [name of existing Lender]] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Borrowing Base Determination Date.Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Increase, the Commitment of the [Lender] [New Lender] shall be $_____________. [Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

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TO ASSIGNMENT AND ACCEPTANCE. The assignee Assignee hereby purchases and assumes from the assignor 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 Commitment/Loans Percentage Assigned Percentage Facility Assigned for All Lenders Assigned of Commitment/Loans Revolving Credit $____________ $____________ _______% Term Credit $____________ $____________ _______% EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT Exhibit g Additional Guarantor Supplement ______________, ___ BMO Xxxxxx Bank of MontrealN.A., as Administrative Agent for the Lenders named in the Amended and Restated Credit Agreement Agreement, dated as of February 4August 7, 20132018, among Whitestone Global Medical REIT Operating Partnership, L.P., as Borrower, the Guarantors signatories from time to time party thereto, the Lenders from time to time party thereto, 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 each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct in all material respects (where not already qualified by materiality or Material Adverse Effect, otherwise in all respects) as to the undersigned as of the date hereof and the undersigned shall comply with and perform each of the covenants and obligations 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 underin, and to be bound in all respects by the terms of, the Credit AgreementAgreement that are applicable to a Guarantor, including, without limitation, Section the provisions of Sections 8 and 13 thereofof the Credit Agreement that are applicable to a Guarantor, in each case, 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 IllinoisNew York (including Section 5-1401 and Section 5-1402 of the General Obligations law of the State of New York). Very truly yours, [NAME OF SUBSIDIARY GUARANTORName of Subsidiary Guarantor] By Name TitleTitle Exhibit H Commitment Amount Increase Request _______________, ____ To: BMO Xxxxxx Bank N.A., as Administrative Agent for the Lenders party to the Amended and Restated Credit Agreement, dated as of August 7, 2018 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Global Medical REIT L.P., the Guarantors from time to time party thereto, certain Lenders party thereto and BMO Xxxxxx Bank N.A., as Administrative Agent Ladies and Gentlemen: The undersigned, Global Medical REIT L.P. (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by an increase in the [Revolving Credit][Term Loan] Commitment of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Commitment of the [Lender] [New Lender] shall be $____________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Global Medical REIT Inc.)

TO ASSIGNMENT AND ACCEPTANCE. The assignee Assignee hereby purchases and assumes from the assignor 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 Applicable Commitment/Loans for All Lenders Amount of Applicable Commitment/Loans Assigned Percentage Assigned of Applicable Commitment/Loans Revolving Credit $$ __________.__ $$ __________.__ _____% Term Credit $A Loan $ __________.__ $$ _________.__ _____% Term B Loan $ _________.__ $ _________.__ _____% Incremental Term Loan $ _________.__ $ _________.__ _____% EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ To: Bank of Montreal, as Administrative Agent for the Lenders named in under the Credit Agreement described below Ladies and Gentlemen: Reference is made to the Second Amended and Restated Credit Agreement, dated as of February 4August __, 20132018, among Whitestone REIT Operating PartnershipIRET PROPERTIES, L.P., as a North Dakota Limited Partnership (the “Borrower”), the Guarantors signatories from time to time party thereto, the Lenders from time to time party thereto, KeyBank National Association and the PNC Bank, National Association, as Syndication Agents, and Bank of Montreal, as Administrative Agent (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) Ladies ). Capitalized terms used herein and Gentlemen: Reference is made to the Credit Agreement described above. Terms not defined herein which are defined have the meanings assigned to them in the Credit Agreement shall have for the purposes hereof the meaning provided thereinAgreement. 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 each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct in all material respects (where not already qualified by materiality or Material Adverse Effect, otherwise in all respects) as to the undersigned as of the date hereof and the undersigned shall comply with and perform each of the covenants and obligations 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 underin, and to be bound in all respects by the terms of, the Credit AgreementAgreement that are applicable to a Guarantor, including, without limitation, Section the provisions of Sections 8 and 13 thereofof the Credit Agreement that are applicable to a Guarantor, in each case, 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 and determined in accordance with and governed by the internal laws of the State of IllinoisNew York (including Section 5‑1401 and Section 5‑1402 of the General Obligations law of the State of New York) without regard to conflicts of law principles that would require application of the laws of another jurisdiction. Very truly yours, [NAME OF SUBSIDIARY GUARANTOR] By Name TitleTitle ‑2‑ EXHIBIT H INCREASE REQUEST/INCREMENTAL TERM LOAN REQUEST _______________, ____ To: Bank of Montreal, as Administrative Agent under the Credit Agreement described below Ladies and Gentlemen: Reference is made to the Second Amended and Restated Credit Agreement, dated as of August __, 2018, among IRET PROPERTIES, a North Dakota Limited Partnership (the “Borrower”), the Guarantors from time to time party thereto, the Lenders from time to time party thereto, KeyBank National Association and PNC Bank, National Association, as Syndication Agents, and Bank of Montreal, as Administrative Agent (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Credit Agreement. The Borrower hereby refers to the Credit Agreement and requests that the Administrative Agent consent to [an increase in the aggregate Revolving Credit Commitments (the “Revolving Credit Commitment Amount Increase”)] and/or [establish one or more new term loan commitments (any such new term loan, an “Incremental Term Loan Commitment”)], in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Revolving Credit Commitment] and/or [establishment of an Incremental Term Loan Commitment] of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. [After giving effect to such Revolving Credit Commitment Amount Increase, the Revolving Credit Commitment of the [Lender] [New Lender] shall be $_____________.] After giving effect to such Incremental Term Loan Commitment, the Incremental Term Loans of the [Lender] [New Lender] shall be $_______ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below_______]. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1‑4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Investors Real Estate Trust)

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 $____________ $____________ _____% Term Credit $____________ $____________ _____% EXHIBIT ​ ​ [Exhibit F-4] ​ ​ Exhibit G ADDITIONAL GUARANTOR SUPPLEMENT Additional Guarantor Supplement ______________, ___ Bank of MontrealTruist Bank, N.A., as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4May 21, 20132021, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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 IllinoisNew York. Very truly yours, [NAME OF SUBSIDIARY GUARANTORName of Subsidiary Guarantor] By Name Title________________________________ ​ ​ [Exhibit G] ​ ​ Exhibit H Commitment Amount Increase Request _______________, ____ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of MontrealTruist Bank, N.A., as Administrative Agent under, and for the Lenders party to, the Credit Agreement described below. Pursuant parties to the terms of the Credit Agreement dated as of February 4May 21, 20132021 (as extended, among us (renewed, amended or restated from time to time, the “Credit Agreement”), we submit this Borrowing Base Certificate among Alpine Income Property OP, LP, the Guarantors which are signatories thereto, certain Lenders parties thereto, and Truist Bank, N.A., as Administrative Agent Ladies and Gentlemen: The undersigned, Alpine Income Property OP, LP (the “Borrower”) hereby refers to you the Credit Agreement and certify requests that the calculation Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Increase”), in accordance with Section 1.15 of the Borrowing Base set forth below and on any Exhibits Credit Agreement, to this Certificate is true, correct and complete be effected by [an increase in the Commitment of [name of existing Lender]] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Borrowing Base Determination Date.Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Increase, the Commitment of the [Lender] [New Lender] shall be $_____________. [Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

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 CommitmentFACILITY ASSIGNED AGGREGATE COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF COMMITMENT/Loans 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 4March 29, 2013, among Whitestone REIT Operating PartnershipUMH Properties, L.P.Inc., as Borrower, the Guarantors signatories from time to time party 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 each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct as to the undersigned as of the date hereof and the undersigned shall comply with and perform each of the covenants and obligations 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 underin, and to be bound in all respects by the terms of, the Credit AgreementAgreement that are applicable to a Guarantor, including, without limitation, Section the provisions of Sections 8 and 13 thereofof the Credit Agreement that are applicable to a Guarantor, in each case, 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 COMMITMENT AMOUNT INCREASE REQUEST _______________, ____ To: Bank of Montreal, as Administrative Agent under, and for the Lenders party to, the Credit Agreement described below. Pursuant parties to the terms of the Credit Agreement dated as of February 4March 29, 20132013 (as extended, among us (renewed, amended or restated from time to time, the “Credit Agreement”), we submit this Borrowing Base Certificate among UMH Properties, Inc., the Guarantors from time to you time party thereto, certain Lenders party thereto, and certify Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, UMH Properties, Inc. (the “Borrower”) hereby refers to the Credit Agreement and requests that the calculation Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Borrowing Base set forth below and on any Exhibits Credit Agreement, to this Certificate is true, correct and complete be effected by [an increase in the Commitment of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Borrowing Base Determination Date.Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Commitment of the [Lender] [New Lender] shall be $_____________. [Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Umh Properties, Inc.)

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​ ​ ​ ​ ​ FACILITY ASSIGNED AGGREGATE COMMITMENT/Loans for All Lenders Amount of CommitmentLOANS FOR ALL LENDERS AMOUNT OF COMMITMENT/Loans Assigned Percentage Assigned of CommitmentLOANS ASSIGNED PERCENTAGE ASSIGNED OF COMMITMENT/Loans Revolving Credit LOANS Term Loan $____________ $____________ _____% Term Credit $____________ $____________ _____% ​ ​ ​ [Exhibit F-4] ​ EXHIBIT G ADDITIONAL GUARANTOR SUPPLEMENT ______________, ___ Bank of MontrealKeyBank National Association, as Administrative Agent for the Lenders named in the Credit Agreement dated as of February 4September 30, 20132021, among Whitestone REIT Operating PartnershipAlpine Income Property OP, L.P.LP, 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 IllinoisNew York. ​ ​ Very truly yours, ​ ​ ​ ​ [NAME OF SUBSIDIARY GUARANTORName of Subsidiary Guarantor] ​ ​ ​ ​ By ​ ​ Name Title​ ​ Title ​ ​ ​ ​ [Exhibit G] ​ EXHIBIT H ​ COMMITMENT AMOUNT INCREASE REQUEST _______________, ____ To: KeyBank National Association, as Administrative Agent for the Lenders parties to the Credit Agreement dated as of September 30, 2021 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Alpine Income Property OP, LP, the Guarantors which are signatories thereto, certain Lenders parties thereto, and the Administrative Agent Ladies and Gentlemen: The undersigned, Alpine Income Property OP, LP (the “Borrower”) hereby refers to the Credit Agreement and requests that the Administrative Agent consent to an increase in the aggregate Commitments (the “Commitment Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Commitment of [name of existing Lender]] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Increase, the Commitment of the [Lender] [New Lender] shall be $____________________ EXHIBIT H BORROWING BASE CERTIFICATE To: Bank of Montreal, as Administrative Agent under, and the Lenders party to, the Credit Agreement described below. Pursuant to the terms of the Credit Agreement dated as of February 4, 2013, among us (the “Credit Agreement”), we submit this Borrowing Base Certificate to you and certify that the calculation of the Borrowing Base set forth below and on any Exhibits to this Certificate is true, correct and complete as of the Borrowing Base Determination Date.[Include paragraphs 1-4 for a New Lender]

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

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