Borrowing Base Certificate Sample Contracts

-Ii- #53262136_v7 7.4. Other Collateral. ...................................... ......................................................................65 7.5. No Assumption of Liability .................................................... .......................................66 7.6. Further Assurances ............. ............................................................................... ............66 7.7. Additional Borrowers ...................................... ..............................................................66 SECTION 8. COLLATERAL ADMINISTRATION ......................... (September 1st, 2017)
-Ii- 7.4. Other Collateral. ................................................... .........................................................65 7.5. No Assumption of Liability .................................................................. .........................65 7.6. Further Assurances ........................... .............................................................................65 7.7. Additional Borrowers ..................................................... ...............................................65 SECTION 8. COLLATERAL ADMINISTRATION ...................................... (November 19th, 2015)
-Iii- 1024613.07b-Chisr02a - MSW ARTICLE VI Affirmative Covenants SECTION 6.01 Financial Statements and Borrowing Base Certificates .................................137 SECTION 6.02 Certificates; Other Information ......................................................................140 SECTION 6.03 Notices .......................................................... .................................................143 SECTION 6.04 Payment of Ob ligations...................................................................... ............143 SECTION 6.05 Preservation of Existence, Etc. .............. (June 10th, 2015)
Allied Nevada Gold Corp – Borrowing Base Certificate (March 10th, 2015)

Pursuant to Section 11.1(b)(vi) of the third amended and restated credit agreement (as amended, modified, supplemented or restated from time to time, the Credit Agreement) made as of May 7, 2014 between Allied Nevada Gold Corp., as borrower, The Bank of Nova Scotia, as administrative agent and the lenders from time to time party thereto, I, Stephen M. Jones, in my capacity as EVP & CFO of Allied Nevada Gold Corp. (the Borrower), hereby certify that:

EXHIBIT C FORM OF BORROWING BASE CERTIFICATE [To Be Delivered With Final Form of Borrowing Base Calculations] [LETTERHEAD OF M/I HOMES, INC.] (July 19th, 2013)
Industrial Services of America, Inc. – Exhibit B Borrowing Base Certificate (August 9th, 2011)

To induce Fifth Third Bank (Agent) and the lenders from time to time party to the Credit Agreement defined below (Lenders) to make a Revolving Loan or issue a Letter of Credit pursuant to the Credit Agreement dated as of July 30, 2010 (as the same may be hereafter amended, the Credit Agreement), among Agent, Lenders and Borrowers, we hereby certify, as of the above date, the following:

Third Amendment to Amended and Restated Credit Agreement (May 24th, 2010)

THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this Amendment), dated as of May 19, 2010, is by and among ENTEGRIS, INC., a Delaware corporation (the Company), and POCO GRAPHITE, INC., a Delaware corporation (Poco; the Company and Poco, collectively, the Borrowers and each, individually, a Borrower), EACH OF THE PERSONS IDENTIFIED AS A GUARANTOR ON THE SIGNATURE PAGES HERETO (collectively, the Guarantors and each, individually, a Guarantor), EACH OF THE PERSONS IDENTIFIED AS A BANK ON THE SIGNATURE PAGES HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its separate capacity as administrative agent for itself and all other Banks (in such capacity, the Agent).

Exhibit a Borrowing Base Certificate 67 Exhibit B Compliance Certificate 69 Schedule 5.1 List of Collateral Documents 73 Schedule 6.1 Locations and Trade Names of the Borrower 74 Schedule 6.9 Tax Disclosure 84 Schedule 8.10 Permitted Liens 85 (January 6th, 2010)

This Credit Agreement is entered into as of the 30th day of December, 2009 between American Apparel Canada Wholesale Inc. and American Apparel Canada Retail Inc. (individually and collectively, the Borrower) and Bank of Montreal (the Bank).

Barry (R G) Corp – Second Modification of Revolving Credit Agreement (July 22nd, 2009)

This Second Modification of Revolving Credit Agreement (the Modification) is entered into and made effective as of June 26, 2009 (the Effective Date) by and between R.G. Barry Corporation, an Ohio corporation (the Borrower), and The Huntington National Bank, a national banking association (the Bank).

Amended and Restated Credit Agreement (May 13th, 2008)

THIS AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of December 9, 2005, by and among GLOBAL WATER RESOURCES, LLC, a Delaware limited liability company (Global Resources), GLOBAL WATER MANAGEMENT, LLC, a Delaware limited liability company (Global Management), GLOBAL WATER RESOURCES, INC., a Delaware corporation (Global, Inc.) (Global Resources, Global Management and Global, Inc. are individually and collectively, the Borrower), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Bank).

Second Amendment to Credit Agreement (February 15th, 2008)

This SECOND AMENDMENT TO CREDIT AGREEMENT (Amendment), dated as of February 15, 2008, among THE RYLAND GROUP, INC., a Maryland corporation (the Borrower), the Lenders that are identified on the signature pages hereto and JPMORGAN CHASE BANK, N.A., as Agent (the Agent).

Reliant Pharmaceuticals – Second Amendment to Credit Agreement (September 14th, 2007)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment) is entered into as of April 13, 2005 by and among RELIANT PHARMACEUTICALS, INC., a Delaware corporation, (the Borrower), the financial institutions parties hereto, each as a Lender, MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., as Agent, and each of the other Persons who are signatories hereto (Borrower and each such Person is individually referred to herein as a Credit Party and collectively as the Credit Parties).

Reliant Pharmaceuticals – Second Amendment to Credit Agreement (August 10th, 2007)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment) is entered into as of April 13, 2005 by and among RELIANT PHARMACEUTICALS, INC., a Delaware corporation, (the Borrower), the financial institutions parties hereto, each as a Lender, MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., as Agent, and each of the other Persons who are signatories hereto (Borrower and each such Person is individually referred to herein as a Credit Party and collectively as the Credit Parties).

FirstCity Financial Corporation – Amendment No. 4 to Revolving Credit Agreement (November 7th, 2006)

AMENDMENT (this Amendment), dated as October 31, 2006, among FIRST CITY FINANCIAL CORPORATION, a Delaware corporation (the Borrower), the financial institutions which are parties to the Agreement hereinafter referred to (each a Lender and collectively, the Lenders), and BANK OF SCOTLAND, as agent for the Lenders under such Agreement (in such capacity, the Agent), to the Revolving Credit Agreement, dated as of November 12, 2004, among the Borrower, the Lenders and the Agent (the Agreement).

Sipex Corp – Amendment No. 5 to Loan and Security Agreement With Limited Waiver (August 7th, 2006)

THIS AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENT WITH LIMITED WAIVER (this Amendment) is entered into this 1st day of August, 2006, by and between Silicon Valley Bank (Bank) and Sipex Corporation, a Delaware corporation (Borrower) whose address is 233 South Hillview Drive, Milpitas, California 95035.

Five Star Quality Care, Inc. – Third Amendment to Credit and Security Agreement (July 17th, 2006)

THIS THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this Amendment) dated as of July 11, 2006 by and among FIVE STAR QUALITY CARE, INC. (the Borrower), each of the parties identified as Guarantor on the signature pages hereto (each a Guarantor), and WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender (the Lender).

Silicon Storage Technology, Inc. – LOAN AND SECURITY AGREEMENT by and Among CATHAY BANK and SILICON STORAGE TECHNOLOGY, INC. A California Corporation, SST INTERNATIONAL LTD, a Cayman Islands Corporation, SST RG LLC, a Delaware Limited Liability Company, SST COMMUNICATIONS CORP., a Delaware Corporation and EMOSYN INTERNATIONAL LTD, a Cayman Islands Corporation Dated as of August 11, 2005 (August 15th, 2005)
Reliant Pharmaceuticals – Second Amendment to Credit Agreement (May 20th, 2005)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment) is entered into as of April 13, 2005 by and among RELIANT PHARMACEUTICALS, INC., a Delaware corporation, (the Borrower), the financial institutions parties hereto, each as a Lender, MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., as Agent, and each of the other Persons who are signatories hereto (Borrower and each such Person is individually referred to herein as a Credit Party and collectively as the Credit Parties).

Accentia Biopharmaceuticals, Inc. – CREDIT AGREEMENT Among AMERICAN PRESCRIPTION PROVIDERS, INC. And McKESSON CORPORATION Dated as of November 30, 1998 (February 11th, 2005)

This Credit Agreement (this Agreement) made as of November 30, 1998, between American Prescription Providers, Inc., a Delaware corporation (Borrower), and McKesson Corporation, a Delaware corporation (McKesson).

Second Amendment to Loan and Security Agreement (September 15th, 2004)

This Second Amendment to Loan and Security Agreement is entered into as of March 21, 2003 by and between COMERICA BANK-CALIFORNIA ("Bank") and SPY OPTIC, INC., a California corporation ("Borrower").

Third Amendment to Loan and Security Agreement (September 15th, 2004)

This Third Amendment to Loan and Security Agreement is entered into as of August 14, 2003 by and between COMERICA BANK, successor by merger to Comerica Bank-California ("Bank") and SPY OPTIC, INC., a California corporation ("Borrower").

Fourth Amendment to Loan and Security Agreement (September 15th, 2004)

This Fourth Amendment to Loan and Security Agreement is entered into as of November 26, 2003 by and between COMERICA BANK ("Bank") and SPY OPTIC, INC., a California corporation ("Borrower").

First Amendment to Loan and Security Agreement (September 15th, 2004)

This First Amendment to Loan and Security Agreement is entered into as of July 17, 2002 by and between COMERICA BANK-CALIFORNIA ("Bank") and SPY OPTIC, INC., a California corporation ("Borrower").

Iform of Notice of Borrowing Iiform of Notice of Conversion/Continuation Iiiform of Request for Issuance of Letter of Credit Ivform of Revolving Note Vform of Intercompany Note Viform of Compliance Certificate Viiform of Borrowing Base Certificate Viiiform of Assignment Agreement Ixform of Blocked Account Agreement Xform of Collateral Access Agreement Xiform of Lock Box Agreement Xiiform of Security Agreement Xiiiform of Guaranty Xivform of Environmental Indemnity (September 6th, 2002)

This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 25, 2002 and entered into by and among JOY GLOBAL INC., a Delaware corporation (Borrower), THE FINANCIAL INSTITUTIONS LISTED ON THE SIGNATURE PAGES HEREOF (each individually referred to herein as a Lender and collectively as Lenders) and DEUTSCHE BANK TRUST COMPANY AMERICAS (DBTCA), as administrative agent for Lenders (in such capacity, Agent), amends and restates that certain Credit Agreement dated as of June 29, 2001, as amended by that certain First Amendment to Credit Agreement dated as of December 26, 2001 (the Original Credit Agreement).

Borrowing Base Certificate (August 24th, 1995)
Borrowing Base Certificate (August 24th, 1995)
The Wendy's Co – Borrowing Base Certificate (August 14th, 1995)