And Guaranty Agreement Sample Contracts

COMPOSITE CONFORMED VERSION REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT
And Guaranty Agreement • July 28th, 2005 • Tower Automotive Inc • Metal forgings & stampings
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REVOLVING CREDIT AND GUARANTY AGREEMENT Dated as of June 9, 2016 among DANA HOLDING CORPORATION, as Borrower and THE GUARANTORS PARTY HERETO and CITIBANK, N.A., as Administrative Agent and Collateral Agent and CITIBANK, N.A., GOLDMAN SACHS BANK USA...
And Guaranty Agreement • June 9th, 2016 • Dana Holding Corp • Motor vehicle parts & accessories • New York

REVOLVING CREDIT AND GUARANTY AGREEMENT (this “Agreement”) dated as of June 9, 2016 among DANA HOLDING CORPORATION, a Delaware corporation (the “Borrower”), and each of the direct and indirect subsidiaries of the Borrower signatory hereto (each, a “Guarantor”, and, collectively, together with any person that becomes a Guarantor hereunder pursuant to Section 8.05, the “Guarantors”), the banks, financial institutions and other institutional lenders party hereto (each, a “Lender”, and collectively with any other person that becomes a Lender hereunder pursuant to Section 9.07, the “Lenders”), CITIBANK, N.A. (“CITI”), as administrative agent (or any successor appointed pursuant to Article VII, the “Administrative Agent”) for the Lender Parties and the other Secured Parties (each as hereinafter defined), CITI, as collateral agent (or any successor appointed pursuant to Article VII, the “Collateral Agent”) for the Lender Parties and the other Secured Parties, CITIGROUP GLOBAL MARKETS INC. (“C

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT dated as of April 25, 2022, among GWG Holdings, Inc. and GWG Life, LLC, each, a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Borrower, CERTAIN...
And Guaranty Agreement • April 26th, 2022 • GWG Holdings, Inc. • Life insurance • New York

THIS SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT, dated as of April 25, 2022 (this “Agreement”), is by and among GWG Holdings, Inc., a Delaware corporation (“Holdings”) and GWG Life, LLC, a Delaware limited liability company (“GWG Life”, and together with Holdings, individually, collectively and in all combinations, the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER party hereto from time to time, as Guarantor Subsidiaries, the LENDERS party hereto and NATIONAL FOUNDERS LP (“NFLP”), as Administrative Agent and Collateral Agent.

AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (TERM LOAN)
And Guaranty Agreement • March 5th, 2024 • Cerus Corp • Surgical & medical instruments & apparatus • New York

AND GUARANTY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of the 1st day of September, 2023, by and among CERUS CORPORATION, a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

U.S. DOLLAR 91,943,797 NAIRA LETTER OF CREDIT FACILITY AND GUARANTY AGREEMENT Dated as of April 19, 2012 Among PACIFIC BORA LTD. As Owner, U.S. Account Party PACIFIC DRILLING (GIBRALTAR) LIMITED As U.S. Account Party PACIFIC DRILLING LIMITED As U.S....
And Guaranty Agreement • May 31st, 2012 • Pacific Drilling S.A. • Drilling oil & gas wells • New York

LETTER OF CREDIT FACILITY AND GUARANTY AGREEMENT, dated as of April 19, 2012, among PACIFIC BORA LTD., a Liberian corporation (“PBL”), as owner, U.S. account party and joint and several borrower (the “Owner,” “U.S. Account Party” and “Borrower”), PACIFIC DRILLING (GIBRALTAR) LIMITED, a Gibraltar company (“PDGL”), as U.S. account party and joint and several borrower (“U.S. Account Party” and “Borrower”), PACIFIC DRILLING LIMITED, a Liberian corporation (“PDL”), as U.S. co-applicant and joint and several borrower (“U.S. Account Party” and “Borrower”), PACIFIC DRILLING S.A., a company incorporated under the laws of Luxembourg (“PDSA”), as guarantor (the “Guarantor”), and the banks, financial institutions and other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, CITIBANK, N.A. (“Citibank”), as issuing bank (the “Issuing Bank”), Citibank, as administrative agent (together with any successor agent appointed pursuant to Article VIII, the “Administrative Age

SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • May 12th, 2004 • Adelphia Communications Corp • Cable & other pay television services

SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amended and Restated DIP Credit Agreement”) dated as of May 10, 2004 among UCA LLC, CENTURY CABLE HOLDINGS, LLC, CENTURY-TCI CALIFORNIA, L.P., OLYMPUS CABLE HOLDINGS, LLC, PARNASSOS, L.P., FRONTIERVISION OPERATING PARTNERS, L.P., ACC INVESTMENT HOLDINGS, INC., ARAHOVA COMMUNICATIONS, INC., and ADELPHIA CALIFORNIA CABLEVISION, LLC, as BORROWERS, the GUARANTORS listed on Annex B to the Existing DIP Credit Agreement (as defined below), each of which is a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, each of the FINANCIAL INSTITUTIONS from time to time party hereto, JPMORGAN CHASE BANK, as Administrative Agent, CITIGROUP GLOBAL MARKETS INC., as Syndication Agent, J.P. MORGAN SECURITIES INC. and CITIGROUP GLOBAL MARKETS INC., as Joint Bookrunners and Co-Lead Arrangers, CITICORP NORTH AMERICA, INC., as Collateral Agent, WACHOVIA BANK, N.A., as Co-Syndication Agent, and THE BANK OF NO

WAIVER TO SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • October 6th, 2020 • New York

WHEREAS, the Borrower, Holdings, the Guarantors, the Lenders, the Administrative Agent and GLAS AMERICAS LLC, as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), among others, are parties to that certain Superpriority Debtor-in-Possession Credit and Guaranty Agreement, dated as of October 31, 2019 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”; unless otherwise defined herein, capitalized terms used herein that are not otherwise defined herein shall have the respective meanings assigned to such terms in the Credit Agreement);

FIRST AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • November 6th, 2013 • Willbros Group, Inc.\NEW\ • Oil & gas field services, nec • New York

This FIRST AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of August 30, 2013, among WILLBROS UNITED STATES HOLDINGS, INC., a Delaware corporation (“Holdings”), BEMIS, LLC, a Vermont limited liability company (“Bemis”), CHAPMAN CONSTRUCTION CO., L.P., a Texas limited partnership (“Chapman Construction”), CHAPMAN CONSTRUCTION MANAGEMENT CO., INC., a Texas corporation (“Chapman Management”), CONSTRUCTION & TURNAROUND SERVICES, L.L.C., an Oklahoma limited liability company (“Construction & Turnaround”), HALPIN LINE CONSTRUCTION LLC, a New York limited liability company (“Halpin”), HAWKEYE, LLC, a New York limited liability company (“Hawkeye”), LINEAL INDUSTRIES, INC., a Pennsylvania corporation (“Lineal”), PREMIER UTILITY SERVICES, LLC, a New York limited liability company (“Premier Utility”), PREMIER WEST COAST SERVICES, INC., an Oklahoma corporation (“Premier West Coast”), TRAFFORD CORPORATION, a Pennsylvania corporation (“Trafford”), UTILX CORPO

FOURTH AMENDMENT TO AMENDED AND RESTATED loan, security and guaranty AGREEMENT
And Guaranty Agreement • August 4th, 2020 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York

THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT (this “Fourth Amendment”) is dated as of June 16, 2020, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), HYSTER-YALE GROUP, INC., a Delaware corporation (“HYG”), BOLZONI AURAMO, INC, a South Carolina corporation (“Bolzoni Auramo”, and together with Parent and HYG, the “U.S. Borrowers”), HYSTER-YALE NEDERLAND B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HYN BV”), HYSTER-YALE INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY International”), HYSTER-YALE HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY Holding BV”), BOLZONI CAPITAL HOLDING B.V., a private company with limited liability incorporat

CONSENT AND AMENDMENT NO. 3 TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • May 13th, 2010 • X Rite Inc • Photographic equipment & supplies • New York

CONSENT AND AMENDMENT NO. 3 TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 5, 2010 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Borrower”), certain Subsidiaries of Borrower listed on the signature pages hereof under the heading “Other Credit Parties”, as Guarantors, (such Subsidiaries, together with the Borrower are referred to herein each individually as a “Credit Party” and collectively as the “Credit Parties”), THE BANK OF NEW YORK MELLON (f/k/a The Bank of New York), as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent (in such capacity, the “Collateral Agent”) for certain financial institutions from time to time party thereto (each a “Lender” and collectively the “Lenders”), and the LENDERS signatory hereto.

FOURTH AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • October 2nd, 2015 • Willbros Group, Inc.\NEW\ • Oil & gas field services, nec • New York

This FOURTH AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of September 28, 2015, among WILLBROS UNITED STATES HOLDINGS, INC., a Delaware corporation (“Holdings”), BEMIS, LLC, a Vermont limited liability company (“Bemis”), CHAPMAN CONSTRUCTION CO., L.P., a Texas limited partnership (“Chapman Construction”), CHAPMAN CONSTRUCTION MANAGEMENT CO., INC., a Texas corporation (“Chapman Management”), CONSTRUCTION TANK SERVICES, LLC, a Delaware limited liability company (“Construction Tank”), WILLBROS UTILITY T&D OF MASSACHUSETTS, LLC, a New York limited liability company (“WUTDM”), WILLBROS UTILITY T&D OF NEW YORK, LLC, a New York limited liability company (“WUTDNY”), LINEAL INDUSTRIES, INC., a Pennsylvania corporation (“Lineal”), WILLBROS WEST COAST SERVICES, INC., an Oklahoma corporation (“Willbros West Coast”), TRAFFORD CORPORATION, a Pennsylvania corporation (“Trafford”), WILLBROS CONSTRUCTION (U.S.), LLC, a Delaware limited liability company (“Wil

SENIOR SECURED DEBTOR IN POSSESSION CREDIT, SECURITY AND GUARANTY AGREEMENT dated as of May 15, 2009 among THE ENTITIES FROM TIME TO TIME PARTY HERETO AS LENDERS, as the Lenders, UBS SECURITIES LLC, as the Lead Arranger, UBS AG, STAMFORD BRANCH, as...
And Guaranty Agreement • August 10th, 2009 • General Growth Properties Inc • Real estate investment trusts • New York

This Senior Secured Debtor in Possession Credit, Security and Guaranty Agreement, dated as of May 15, 2009, is made and entered into by and among the entities parties hereto as Lenders (as defined herein) from time to time, UBS AG, STAMFORD BRANCH, as administrative agent for the Lenders, GENERAL GROWTH PROPERTIES, INC., a Delaware corporation, as a co-Borrower, GGP LIMITED PARTNERSHIP, a Delaware limited partnership, as a co-Borrower, and the Subsidiaries of General Growth Properties, Inc. from time to time parties hereto as Guarantors (as defined herein).

FIFTH AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • June 20th, 2017 • Willbros Group, Inc.\NEW\ • Oil & gas field services, nec • New York

This FIFTH AMENDMENT (this “Fifth Amendment”) is entered into as of June 16, 2017, among WILLBROS UNITED STATES HOLDINGS, INC., a Delaware corporation (“Holdings”), CHAPMAN CONSTRUCTION CO., L.P., a Texas limited partnership (“Chapman Construction”), CHAPMAN CONSTRUCTION MANAGEMENT CO., INC., a Texas corporation (“Chapman Management”), CONSTRUCTION TANK SERVICES, LLC, a Delaware limited liability company (“Construction Tank”), WILLBROS UTILITY T&D OF NEW YORK, LLC, a New York limited liability company (“WUTDNY”), LINEAL INDUSTRIES, INC., a Pennsylvania corporation (“Lineal”), WILLBROS WEST COAST SERVICES, INC., an Oklahoma corporation (“Willbros West Coast”), WILLBROS CONSTRUCTION (U.S.), LLC, a Delaware limited liability company (“Willbros Construction (U.S.)”), WILLBROS ENGINEERING & SERVICES, LLC, a Texas limited liability company (“Willbros Engineering & Services”), WILLBROS T&D SERVICES, LLC, a Delaware limited liability company (“Willbros T&D Services”, and together with Holdings

CONSENT AND AMENDMENT NO. 4 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • May 13th, 2010 • X Rite Inc • Photographic equipment & supplies • New York

CONSENT AND AMENDMENT NO. 4 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 5, 2010 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE LLC, a Delaware limited liability company (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the other Persons party hereto that are designated as a “Cre

CONSENT AND AMENDMENT NO. 4 TO FIRST LIEN TERM LOAN AND GUARANTY AGREEMENT
And Guaranty Agreement • September 7th, 2010 • Tower Automotive, LLC • Motor vehicle parts & accessories • New York

AMENDMENT NO. 4 (this “Amendment”) dated as of August 24, 2010 to the First Lien Term Loan and Guaranty Agreement dated as of July 31, 2007 (as heretofore amended, the “Loan Agreement”), among Tower Automotive Holdings USA, LLC, Tower Automotive Holdings Europe B.V., the Guarantors from time to time party thereto, the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (the “Agent”).

AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN)
And Guaranty Agreement • March 5th, 2024 • Cerus Corp • Surgical & medical instruments & apparatus • New York

AND GUARANTY AGREEMENT (REVOLVING LOAN) (this “Agreement”) is made as of the 5th day of January, 2024, by and among CERUS CORPORATION, a Delaware corporation (“Borrower”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

AMENDMENT NO. 2 TO THE CREDIT, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • July 27th, 2017 • World Wrestling Entertainmentinc • Services-motion picture & video tape production

This Amendment No. 2 to the Credit, Security and Guaranty Agreement (“Amendment”), is being entered into as of April 30, 2017, among WWE Studios Finance Corp., a Delaware corporation (the “Borrower”), the Guarantors (as defined in the Credit Agreement), the Lenders (as defined in the Credit Agreement), and Bank of America, N.A., as Administrative Agent (as defined in the Credit Agreement) and L/C Issuer.

SECOND AMENDMENT AND LIMITED CONSENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • May 31st, 2016 • Aeropostale Inc • Retail-apparel & accessory stores

THIS SECOND AMENDMENT AND LIMITED CONSENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of May 25, 2016, by and among AEROPOSTALE, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereof, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CRYSTAL FINANCIAL LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, the “Agent”).

WAIVER AND SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT
And Guaranty Agreement • May 6th, 2014 • Willbros Group, Inc.\NEW\ • Oil & gas field services, nec • New York

This WAIVER AND SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of April 1, 2014, among WILLBROS UNITED STATES HOLDINGS, INC., a Delaware corporation (“Holdings”), BEMIS, LLC, a Vermont limited liability company (“Bemis”), CHAPMAN CONSTRUCTION CO., L.P., a Texas limited partnership (“Chapman Construction”), CHAPMAN CONSTRUCTION MANAGEMENT CO., INC., a Texas corporation (“Chapman Management”), CONSTRUCTION & TURNAROUND SERVICES, L.L.C., an Oklahoma limited liability company (“Construction & Turnaround”), WILLBROS UTILITY T&D OF MASSACHUSETTS, LLC, a New York limited liability company (“WUTDM”), WILLBROS UTILITY T&D OF NEW YORK, LLC, a New York limited liability company (“WUTDNY”), LINEAL INDUSTRIES, INC., a Pennsylvania corporation (“Lineal”), PREMIER UTILITY SERVICES, LLC, a New York limited liability company (“Premier Utility”), PREMIER WEST COAST SERVICES, INC., an Oklahoma corporation (“Premier West Coast”), TRAFFORD CORPORATION, a Pen

CONSENT AND AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • October 4th, 2010 • X Rite Inc • Photographic equipment & supplies • New York

CONSENT AND AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of September 24, 2010 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE LLC, a Delaware limited liability company (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the other Persons party hereto that are designated as a

Contract
And Guaranty Agreement • April 21st, 2020 • U.S. Concrete, Inc. • Concrete products, except block & brick • New York
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AMENDMENT NO. 1 TO THE TERM FACILITY CREDIT AND GUARANTY AGREEMENT
And Guaranty Agreement • March 16th, 2009 • Dana Holding Corp • Motor vehicle parts & accessories • New York

AMENDMENT NO. 1 (this “Amendment”) TO THE TERM FACILITY CREDIT AND GUARANTY AGREEMENT among Dana Holding Corporation, a Delaware corporation (the “Borrower”), the guarantors listed on the signature pages hereto (the “Guarantors”) and Citicorp USA Inc. (“CUSA”), as administrative agent (the “Administrative Agent”) for the Lenders (defined below).

SENIOR SECURED DEBTOR IN POSSESSION CREDIT, SECURITY AND GUARANTY AGREEMENT dated as of July 23, 2010 among THE ENTITIES FROM TIME TO TIME PARTY HERETO AS LENDERS, as the Lenders, BARCLAYS CAPITAL, as the Sole Arranger, BARCLAYS BANK PLC, as the...
And Guaranty Agreement • July 29th, 2010 • General Growth Properties Inc • Real estate investment trusts • New York

This Senior Secured Debtor in Possession Credit, Security and Guaranty Agreement, dated as of July 23, 2010, is made and entered into by and among the entities parties hereto as Lenders (as defined herein) from time to time, BARCLAYS BANK PLC, as administrative agent and collateral agent for the Lenders, GENERAL GROWTH PROPERTIES, INC. (the “General Partner”), a Delaware corporation, as a co-Borrower, GGP LIMITED PARTNERSHIP (“GGPLP”), a Delaware limited partnership, as a co-Borrower, and the Subsidiaries of the General Partner from time to time parties hereto as Guarantors (as defined herein).

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