EXECUTION VERSION SIXTH AMENDMENT dated as of June 15, 2005 (this "Amendment"), to the AMENDED AND RESTATED FIVE-YEAR CREDIT AGREEMENT dated as of October 11, 2001 (as amended, supplemented or otherwise modified from time to time, the "Credit...And Collateral Agreement • March 20th, 2006 • Land O Lakes Inc • Dairy products • New York
SHORTFALL, FEE AND COLLATERAL AGREEMENT among BANK OF AMERICA, N.A., as Bridge Loan Lender, LOC Provider and TOB Liquidity Provider, BANC OF AMERICA SECURITIES LLC, as TOB Placement and Remarketing Agent, AMERICA FIRST TAX EXEMPT INVESTORS, L.P., as...And Collateral Agreement • August 8th, 2008 • America First Tax Exempt Investors Lp • Finance services • New York
This SHORTFALL, FEE AND COLLATERAL AGREEMENT, dated as of June 26, 2008 (this “Agreement”), is among BANK OF AMERICA, N.A. (the “Bank”), as Bridge Loan Lender, LOC Provider (in such capacity, the “LOC Provider”) and as TOB Liquidity Provider (in such capacity, the “TOB Liquidity Provider”), BANC OF AMERICA SECURITIES LLC, as TOB Placement and Remarketing Agent (the “TOB Placement and Remarketing Agent”), AMERICA FIRST TAX-EXEMPT INVESTORS, L.P., a Delaware limited partnership (the “Obligor”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent (the “Collateral Agent”).
CREDIT AGREEMENT among ALLISON TRANSMISSION HOLDINGS, INC., ALLISON TRANSMISSION, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, CITICORP NORTH AMERICA, INC., as Administrative Agent, LEHMAN BROTHERS COMMERCIAL BANK and...And Collateral Agreement • April 26th, 2011 • Allison Transmission Holdings Inc • Motor vehicle parts & accessories • New York
CREDIT AGREEMENT, dated as of August 7, 2007, among ALLISON TRANSMISSION HOLDINGS, INC. (formerly known as Clutch Holdings, Inc.), a Delaware corporation (“Holdings”), ALLISON TRANSMISSION, INC. (formerly known as Clutch Operating Company, Inc.), a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), CITICORP NORTH AMERICA, INC., as Administrative Agent, LEHMAN BROTHERS COMMERCIAL BANK and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Syndication Agents, SUMITOMO MITSUI BANKING CORPORATION, as Documentation Agent and Co-Arranger and CITIGROUP GLOBAL MARKETS INC., LEHMAN BROTHERS INC. and MERRILL LYNCH & CO., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Lead Arrangers and Joint Bookrunners.
GUARANTEE AND COLLATERAL AGREEMENT made by MERGE HEALTHCARE INCORPORATED, and the other signatories hereto in favor of THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Agent Dated as of April 28, 2010And Collateral Agreement • April 30th, 2010 • Merge Healthcare Inc • Services-computer integrated systems design • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 28, 2010, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties.
SUPERPRIORITY DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT by and among BALLY TOTAL FITNESS HOLDING CORPORATION, and certain of its Domestic Subsidiaries and MORGAN STANLEY SENIOR FUNDING, INC., as Collateral Agent Dated as of August 22, 2007And Collateral Agreement • August 27th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
SUPERPRIORITY DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT (as amended, supplemented or otherwise modified from time to time, the “Agreement”), dated as of August 22, 2007, made by BALLY TOTAL FITNESS HOLDING CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (“Borrower”) and each of the other signatories hereto (together with Borrower and any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of MORGAN STANLEY SENIOR FUNDING, INC., as Collateral Agent for the Secured Creditors (as defined below) (in such capacity, the “Collateral Agent”).
REVOLVING CREDIT AND TERM LOAN AGREEMENT among MEDICAL PROPERTIES TRUST, INC. MPT OPERATING PARTNERSHIP, L.P., as Borrower, The Several Lenders from Time to Time Parties Hereto, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, and JPMORGAN CHASE...And Collateral Agreement • November 9th, 2009 • Medical Properties Trust Inc • Real estate investment trusts • New York
REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”), dated as of November 30, 2007, among MEDICAL PROPERTIES TRUST, INC., a Maryland corporation (“Holdings”), MPT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), KEYBANK NATIONAL ASSOCIATION, as syndication agent (in such capacity, the “Syndication Agent”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
EXHIBIT 10.62 GUARANTEE AND COLLATERAL AGREEMENT dated as of February 11, 2002And Collateral Agreement • March 26th, 2002 • American Coin Merchandising Inc • Services-miscellaneous amusement & recreation
GUARANTEE AND COLLATERAL AGREEMENT made by KAR HOLDINGS II, LLC, and KAR HOLDINGS, INC. and certain of its Subsidiaries in favor of BEAR STEARNS CORPORATE LENDING INC. Administrative Agent Dated as of April 20, 2007And Collateral Agreement • June 17th, 2009 • Carbuyco, LLC • Retail-auto dealers & gasoline stations • New York
This GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 20, 2007, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”, and each individually, a “Grantor”), in favor of Bear Stearns Corporate Lending Inc., as administrative agent (in such capacity, the “Administrative Agent”) for the banks, financial institutions and other entities (the “Lenders”) from time to time party as Lenders to the Credit Agreement and the other Secured Parties, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among KAR Holdings, Inc., a Delaware corporation (the “Borrower”), KAR Holdings II, LLC, a Delaware limited liability company (“Holdings”), the several banks, financial institutions and other entities from time to time parties to the Credit Agreement, Bear, Stearns & Co. Inc. and UBS Securities LLC, as joint lead arrangers, UBS Securities LL
ANDAnd Collateral Agreement • June 19th, 2006 • Cogent Management Inc • Services-prepackaged software • Ontario
SECOND LIEN GUARANTEE AND COLLATERAL AGREEMENT DATED AS OF JUNE 10, 2005 BY SPANISH BROADCASTING SYSTEM, INC. AND CERTAIN OF ITS SUBSIDIARIES, AS GRANTORS, IN FAVOR OF LEHMAN COMMERCIAL PAPER INC., AS ADMINISTRATIVE AGENTAnd Collateral Agreement • June 16th, 2005 • Spanish Broadcasting System Inc • Radio broadcasting stations • New York
SECOND LIEN GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 10, 2005, by each of the signatories hereto identified on the signature pages hereto as a grantor (together with any other entity that may become a party hereto as provided herein, each a “Grantor” and collectively, jointly and severally, the “Grantors”) in favor of Lehman Commercial Paper Inc. as Administrative Agent (in such capacity, the “Administrative Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Second Lien Term Loan Agreement, dated as of June 10, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) among Spanish Broadcasting System, Inc., a Delaware corporation (the “Borrower”), the Lenders, the Lead Arranger, the Arrangers, the Syndication Agent, the Documentation Agent and the Administrative Agent and (ii) the other Secured Parties (as hereinafter defined).
AMENDED AND RESTATED U.S. GUARANTEE AND COLLATERAL AGREEMENT dated and effective as of September 28, 2012, among TRW AUTOMOTIVE HOLDINGS CORP., TRW AUTOMOTIVE INC. (f/k/a TRW AUTOMOTIVE ACQUISITION CORP.), each other Subsidiary of Holdings identified...And Collateral Agreement • October 30th, 2012 • TRW Automotive Holdings Corp • Motor vehicle parts & accessories • New York
AMENDED AND RESTATED U.S. GUARANTEE AND COLLATERAL AGREEMENT dated and effective as of September 28, 2012 (this “Agreement”), among TRW AUTOMOTIVE HOLDINGS CORP., a Delaware corporation (“Holdings”), TRW AUTOMOTIVE INC. (f/k/a TRW AUTOMOTIVE ACQUISITION CORP.), a Delaware corporation (the “U.S. Borrower”), each other subsidiary of Holdings identified herein (each, a “Subsidiary Party”), TRW AUTOMOTIVE FINANCE (LUXEMBOURG) S.À R.L. (“Finco”) and JPMORGAN CHASE BANK, N.A., a national banking association organized under the laws of the United States of America (“JPMCB”), as Collateral Agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
U.S. GUARANTEE AND COLLATERAL AGREEMENT made by HD SUPPLY, INC., and the Subsidiary Guarantors, in favor of MERRILL LYNCH CAPITAL, a division of MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., as U.S. ABL Administrative Agent and as U.S. ABL...And Collateral Agreement • July 10th, 2009 • HSI IP, Inc. • Wholesale-durable goods • New York
WHEREAS, pursuant to that certain ABL Credit Agreement, dated as of the date hereof (as amended, amended and restated, waived, supplemented or otherwise modified from time to time, together with any agreement extending the maturity of, or restructuring, refunding, refinancing or increasing the Indebtedness under such agreement or any successor agreements, the “ABL Credit Agreement”), among the Parent Borrower (as successor by merger to HDS Acquisition Subsidiary, Inc., a Delaware corporation (“Acquisition Corp.”), Merrill Lynch Capital Canada Inc., as Canadian administrative agent (in such capacity, the “Canadian Agent”) and Canadian collateral agent (in such capacity, the “Canadian Collateral Agent”), and the other parties party thereto, the U.S. ABL Lenders have severally agreed to make extensions of credit to the U.S. ABL Borrowers upon the terms and subject to the conditions set forth therein;
AMENDED AND RESTATED PLEDGE AND COLLATERAL AGREEMENT made by BP EXPLORATION & PRODUCTION INC. as Pledgor, in favor of JOHN S. MARTIN, JR. and KENT D. SYVERUD, in their capacities as Individual Trustees of The Deepwater Horizon Oil Spill Trust, as PledgeeAnd Collateral Agreement • March 6th, 2012 • Bp PLC • Petroleum refining • Texas
AMENDED AND RESTATED PLEDGE AND COLLATERAL AGREEMENT (as amended, modified, restated and/or supplemented from time to time, this “Agreement”), dated as of November 9, 2011, made by BP Exploration & Production Inc., a Delaware corporation (“Pledgor”), in favor of JOHN S. MARTIN, JR., and KENT D. SYVERUD, as individual trustees (each (together with any successor to such Trustee), a “Trustee” and, collectively (together with any successors to such Trustees), the “Trustees”), solely in their capacity as Trustees of The Deepwater Horizon Oil Spill Trust (the “Trust”), for the benefit of the Trust. The Trustees are also collectively referred to herein as “Pledgee”.
SECOND AMENDMENT TO ABL CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENTAnd Collateral Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • New York
SECOND AMENDMENT TO ABL CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENT (this “Second Amendment”), dated as of October 5, 2020, by and among SEG Holding, LLC (f/k/a BI-LO Holding, LLC), a Delaware limited liability company (“Holdings”), BI-LO, LLC, a Delaware limited liability company (the “Borrower”), TRUIST BANK (successor by merger to SunTrust Bank) (“Truist Bank”), as administrative agent (in such capacity, including any permitted successor thereto, the “Administrative Agent”) and each of the Lenders party hereto. All capitalized terms used herein (including in this preamble) and not otherwise defined herein shall have the respective meanings provided such terms in the Amended Credit Agreement referred to below.
The CIT Group/Commercial Services, Inc. 300 South Grand Avenue Los Angeles, California 90071And Collateral Agreement • September 17th, 2015 • Joe's Jeans Inc. • Apparel & other finishd prods of fabrics & similar matl
Reference is made to (i) that certain Revolving Credit Agreement dated as of September 30, 2013 (as amended, restated, modified or supplemented from time to time, the “Loan Agreement”) among JOE’S JEANS INC., a Delaware corporation (the “Parent”), HUDSON CLOTHING, LLC, a California limited liability company (the “Administrative Borrower”), each Person from time to time joined as a Borrower thereto (together with the Administrative Borrower, the “Borrowers”), the Persons identified on the signature pages thereof as a “Guarantor” (together with Parent and Borrowers, collectively, the “Loan Parties”), the Lenders party thereto and THE CIT GROUP/COMMERCIAL SERVICES, INC., as Administrative Agent, Collateral Agent and Swingline Lender (in such capacity, “Agent”) and (ii) those certain documents listed on Schedule A attached hereto (each a “Collateral Document” and collectively, the “Collateral Documents”).
ContractAnd Collateral Agreement • May 5th, 2020 • New York
Pursuant to 17 CFR 240.24b-2, confidential information has been omitted in places marked “* * *” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission.
GUARANTEE AND COLLATERAL AGREEMENTAnd Collateral Agreement • February 10th, 2012 • Generac Holdings Inc. • Motors & generators • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of February 9, 2012, made by each of the signatories hereto (other than the Administrative Agent, but together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Credit Agreement, dated as of February 9, 2012 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Generac Acquisition Corp., a Delaware corporation (“Holdings”), Generac Power Systems, Inc., a Wisconsin corporation (the “Borrower”), the Lenders party thereto, J.P. Morgan Securities LLC, Goldman Sachs Credit Partners L.P. and Merrill Lynch, Pierce, Fenner & Smith LLP, as joint bookrunners and joint lead arrangers (in
Exhibit 10.6 GUARANTEE AND COLLATERAL AGREEMENTAnd Collateral Agreement • February 28th, 2000 • Osullivan Industries Virginia Inc • New York
AMENDMENT NO. 1 TOAnd Collateral Agreement • July 10th, 2009 • HSI IP, Inc. • Wholesale-durable goods • New York
This AMENDMENT NO. 1 to the U.S. GUARANTEE AND COLLATERAL AGREEMENT (as defined below), dated as of November 1, 2007 (this “Amendment”), is entered into among HD SUPPLY, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiary Borrowers party hereto, MERRILL LYNCH CAPITAL, a division of MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., as collateral agent and administrative agent for the banks and other financial institutions party to the ABL Credit Agreement, and amends the U.S. Guarantee and Collateral Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the U.S. Guarantee and Collateral Agreement.
LOAN, GUARANTEE, AND COLLATERAL AGREEMENT made by PROBE MANUFACTURING, INC., CLEAN ENERGY HRS LLC and THE OTHER BORROWERS FROM TIME TO TIME PARTY HERETO in favor of ETI PARTNERS IV LLCas Collateral Agent Dated as of September 11, 2015, and Collateral Agreement • September 21st, 2015 • Probe Manufacturing Inc • Printed circuit boards • New York
LOAN, GUARANTEE, AND COLLATERAL AGREEMENT, dated as of September 11, 2015 (as amended, supplemented or otherwise modified from time to time, this “Agreement”) by and among Probe Manufacturing, Inc., a Nevada corporation (“Parent”), Clean Energy HRS LLC, a California limited liability company (“CEHRS,” and together with Parent, the “Company”), and each of the other Guarantors (as defined below) in favor of ETI Partners IV LLC, a Delaware limited liability company, in its capacity as collateral agent pursuant to the TC&F Agreement (as defined below) and this Agreement (in such capacity, together with its successors and assigns, the “Collateral Agent”), for the benefit of the Collateral Agent and the other Secured Parties (as defined below).
