Credit Agreement Sample Contracts

CREDIT AGREEMENT Dated as of December 13, 2018, by and Among LUBYS, INC., as Borrower, the Lenders From Time to Time Party Hereto and MSD PCOF PARTNERS VI, LLC, as Administrative Agent (December 14th, 2018)
SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION ASSET-BASED CREDIT AGREEMENT Dated as of November 29, 2018 Among SEARS HOLDINGS CORPORATION, a Debtor and a Debtor-In-Possession, as Holdings, SEARS ROEBUCK ACCEPTANCE CORP. And KMART CORPORATION, Each Debtors and Debtors-In-Possession, as Borrowers, THE LENDERS NAMED HEREIN, THE ISSUING LENDERS NAMED HEREIN, BANK OF AMERICA, N.A., as Administrative Agent, Co-Collateral Agent and Swingline Lender WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent, CITIGROUP GLOBAL MARKETS (December 13th, 2018)

SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION ASSET-BASED CREDIT AGREEMENT (this "Agreement"), dated as of November 29, 2018, among SEARS HOLDINGS CORPORATION, a Delaware corporation and a debtor and debtor-in-possession ("Holdings"), SEARS ROEBUCK ACCEPTANCE CORP., a Delaware corporation and a debtor and debtor-in-possession ("SRAC"), KMART CORPORATION, a Michigan corporation and a debtor and debtor-in-possession ("Kmart Corp."; Kmart Corp. together with SRAC, the "Borrowers"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof or through an assignment as provided in Section 9.07 hereof, as Revolving Lenders or Term Lenders, as applicable (collectively, the "Lenders"), the ISSUING LENDERS party hereto, BANK OF AMERICA, N.A. ("Bank of America"), as administrative agent (in such capacity, the "Agent"), co-collateral agent, and Swingline Lender, WELLS FARGO BANK, NATIONAL ASSOCIATION, as co-collateral agent (collectively with Bank o

Superpriority Junior Lien Secured Debtor-In-Possession Credit Agreement (December 13th, 2018)

This SUPERPRIORITY JUNIOR LIEN SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of November 29, 2018, by and among SEARS HOLDINGS CORPORATION, a Delaware corporation and a debtor and debtor-in-possession ("Holdings"), SEARS ROEBUCK ACCEPTANCE CORP., a Delaware corporation and a debtor and debtor-in-possession ("SRAC"), KMART CORPORATION, a Michigan corporation and a debtor and debtor-in-possession ("Kmart Corp."; Kmart Corp. together with SRAC, the "Borrowers"), the several banks, financial institutions or entities from time to time party hereto as Term Lenders hereunder (each a "Lender" and collectively, the "Lenders"), and CANTOR FITZGERALD SECURITIES, as administrative agent (in such capacity, together with any of its successors and permitted assigns, the "Agent") and collateral agent (in such capacity, together with any of its successors and permitted assigns, "Collateral Agent").

Consolidated Edison – Credit Agreement (December 13th, 2018)

AGREEMENT dated as of November 29, 2018 among CONSOLIDATED EDISON, INC., as the Borrower, the LENDERS party hereto and CITIBANK, N.A., as Administrative Agent.

Match Group, Inc. – AMENDMENT NO. 5, Dated as of December 7, 2018 (This "Amendment"). Reference Is Made to the Credit Agreement Dated as of October 7, 2015, as Amended and Restated as of November 16, 2015, as Further Amended as of December 16, 2015, as Further Amended as of December 8, 2016, and as Further Amended as of August 14, 2017, Among MATCH GROUP, INC. (Formerly Known as THE MATCH GROUP, INC.), a Delaware Corporation (The "Borrower"), the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement, as Lenders (The "Lenders"), JPMORGAN CHASE BANK, N.A., as A (December 13th, 2018)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 7, 2015, as amended and restated as of November 16, 2015, as further amended as of December 16, 2015, as further amended as of December 8, 2016, as further amended as of August 14, 2017 (the "Original Credit Agreement") and as further amended as of August 14, 2017December 7, 2018) (as further amended, restated, extended, supplemented or otherwise modified from time to time, this "Agreement"), among MATCH GROUP, INC., a Delaware corporation, the LENDERS party hereto from time to time, JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders and as collateral agent for the Secured Parties (as defined herein) and as an Issuing Bank.

Avista Healthcare Public Acquisition Corp. – $25,000,000 SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT Dated as of March 21, 2017, Among (December 11th, 2018)

THIS CREDIT AGREEMENT (this Agreement), dated as of March 21, 2017, is entered into by and among ORGANOGENESIS INC., a Delaware corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (each a Lender and, collectively, the Lenders), SILICON VALLEY BANK (SVB), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders (in such capacities, the Administrative Agent).

Watsco – CREDIT AGREEMENT Dated as of December 5, 2018 Among WATSCO, INC., WATSCO CANADA, INC., CARRIER ENTERPRISE MEXICO, S. DE R.L. DE C.V. And CERTAIN SUBSIDIARIES as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and THE OTHER LENDERS PARTY HERETO JPMORGAN CHASE BANK, N.A., as Syndication Agent BRANCH BANKING AND TRUST COMPANY, U.S. BANK NATIONAL ASSOCIATION and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co- Documentation Agents MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers (December 11th, 2018)
Allied Motion Technologies, Inc. – Second Amendment to Credit Agreement (December 11th, 2018)

This Second Amendment to Credit Agreement (Amendment), dated as of December 5, 2018, is made by and among HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, Agent), the Lenders (as defined in the Credit Agreement, as defined below), and ALLIED MOTION TECHNOLOGIES INC. (Allied Inc.) and ALLIED MOTION TECHNOLOGIES B.V. (Allied B.V. and collectively with Allied Inc., the Borrowers).

Industrea Acquisition Corp. – CREDIT AGREEMENT by and Among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, Sole Lead Arranger and Sole Bookrunner THE LENDERS THAT ARE PARTIES HERETO as the Lenders, Wells Fargo Capital Finance (Uk) Limited, as UK Security Agent, (December 10th, 2018)

THIS CREDIT AGREEMENT (this "Agreement"), is entered into as of December 6, 2018, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a "Lender", as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Agent") and as sole lead arranger and sole bookrunner (the "Lead Arranger"), WELLS FARGO CAPITAL FINANCE (UK) LIMITED, a private limited company incorporated and registered under the laws of England a Wales with company numbers 02656007, as security agent and trustee for the Secured Parties (as defined below) (in such capacity, together with its successors and assigns in such capacity, "UK Security Agent") CONCRETE PUMPING HOLDINGS ACQUISITION

Summit Hotel Properties – Credit Agreement (December 10th, 2018)

CREDIT AGREEMENT dated as of December 6, 2018 (this "Agreement") among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the "Borrower"), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the "Parent" or the "Parent Guarantor"), the entities listed on the signature pages hereof as the subsidiary guarantors (together with any Additional Guarantors (as hereinafter defined) acceding hereto pursuant to Section 5.01(j), 5.01(x) or 7.05, the "Subsidiary Guarantors" and, together with the Parent Guarantor, the "Guarantors"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the "Initial Lenders"), the Swing Line Banks (as hereinafter defined), DEUTSCHE BANK AG NEW YORK BRANCH ("DBNY"), BANK OF AMERICA, N.A., REGIONS BANK and U.S. BANK NATIONAL ASSOCIATION, as the initial issuers of Letters of Credit (as hereinafter defined) (the "Initial Issuing Banks"), DBNY, as administrative agent (together with any succes

Bonanza Creek Energy Inc. – CREDIT AGREEMENT Dated as of December 7, 2018 Among BONANZA CREEK ENERGY, INC., as Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Sole Bookrunner, and an Issuing Bank, and the Lenders Party Hereto (December 10th, 2018)

CREDIT AGREEMENT, dated as of December 7, 2018, is among Bonanza Creek Energy, Inc., a Delaware corporation (the Borrower), each of the Lenders from time to time party hereto, JPMorgan Chase Bank, N.A. as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent) and each of the other parties from time to time party hereto.

Credit Agreement (December 10th, 2018)

I, the undersigned, the Chief Financial Officer of Urban One, Inc., a Delaware corporation (the "Borrower"), in that capacity only and not in my individual capacity (and without personal liability), do hereby certify as of the date hereof, and based upon facts and circumstances as they exist as of the date hereof (and disclaiming any responsibility for changes in such fact and circumstances after the date hereof), that:

Credit Agreement (December 7th, 2018)
CREDIT AGREEMENT by and Among Ipass Inc., a DELAWARE CORPORATION and Ipass Ip Llc, a Delaware Limited Liability Company (Immediately Following the Consummation of the SPV Joinder) as Co-Borrowers, and FORTRESS CREDIT CORP., as Lender TOTAL COMMITMENT - $20,000,000.00 June 14, 2018 (December 7th, 2018)

THIS CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Agreement") entered into as of June 14, 2018, between Fortress Credit Corp., a Delaware corporation ("Lender") and iPass Inc., a Delaware corporation ("Parent" and together with each other Person that becomes a Borrower hereunder, including, for the avoidance of doubt, iPass IP LLC, a Delaware limited liability company ("iPass SPV") upon the consummation of the SPV Joinder, each a "Borrower" and collectively, the "Borrowers").

HCI Group – Credit Agreement (December 6th, 2018)
Walgreens Boots Alliance, Inc. – CREDIT AGREEMENT DATED AS OF NOVEMBER 30, 2018 AMONG WALGREENS BOOTS ALLIANCE, INC., THE LENDERS FROM TIME TO TIME PARTIES HERETO, and SUMITOMO MITSUI BANKING CORPORATION as Sole Lead Arranger and Administrative Agent (December 6th, 2018)
Americold Realty Trust – CREDIT AGREEMENT Among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., AMERICOLD REALTY TRUST, the Several Lenders and Letter of Credit Issuers From Time to Time Parties Hereto, BANK OF AMERICA, N.A., as Administrative Agent, JPMORGAN CHASE BANK, N.A., ROYAL BANK OF CANADA and COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as Syndication Agents and CITIBANK, N.A., CITIZENS BANK, NATIONAL ASSOCIATION, GOLDMAN SACHS LENDING PARTNERS LLC, REGIONS BANK, SUNTRUST BANK and U.S. BANK NATIONAL ASSOCIATION, as Documentation Agents Dated as of December 4, 2018 MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORA (December 5th, 2018)
Hd Supply Holdings Inc. – WHEREAS, Upon the Sixth Amendment Effective Date, Each Term Loan Lender (As Defined in the Credit Agreement) That Shall Have Executed and Delivered a Consent Attached as Exhibit a Hereto (A Consent) Under the Cashless Settlement Option (Each, a Cashless Option Lender) Shall Be Deemed to Have Consented to the Amendments (As Described in Section 1 of This Agreement and Shall Be Deemed to Have Converted All (Or Such Lesser Amount as the Administrative Agent May Allocate) of Such Term Loan Lenders Term B-3 Loans and/or Term B-4 Loans, as Applicable, for Term B-5 Loans (And Such Term B-3 Loans and/ (December 4th, 2018)

CREDIT AGREEMENT, dated as of April 12, 2012,2012 (as amended by the First Amendment to Credit Agreement, dated as of February 15, 2013, the Second Amendment to Credit Agreement, dated as of February 6, 2014, the Incremental Agreement No. 1, dated as of August 13, 2015, the Fourth Amendment to Credit Agreement, dated as of October 14, 2016, and the Fifth Amendment to Credit Agreement, dated as of August 31, 2017), among HD Supply, Inc. (together with its successors and assigns, the Borrower), the several banks and other financial institutions from time to time party to this Agreement (as further defined in subsection 1.1, the Lenders) and Bank of America, N.A., as administrative agent and collateral agent for the Lenders hereunder (in such capacities, respectively, the Administrative Agent and the Collateral Agent).

Newmark Group, Inc. – CREDIT AGREEMENT Dated as of November 28, 2018 Among NEWMARK GROUP, INC. As the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, BMO CAPITAL MARKETS CORP., CAPITAL ONE, NATIONAL ASSOCIATION, CITIBANK, N.A., GOLDMAN SACHS BANK USA and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, REGIONS BANK, as Documentation Agent and THE OTHER LENDERS PARTY HERETO Arranged By: MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BMO CAPITAL MARKETS CORP., CAPITAL ONE, NATIONAL ASSOCIATION, CITIBANK, N.A., GOLDMAN SACHS BANK USA and PNC C (November 30th, 2018)
CREDIT AGREEMENT Dated as of November 28, 2018 Among BGC PARTNERS, INC. As the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, CAPITAL ONE, NATIONAL ASSOCIATION, CITIBANK, N.A., GOLDMAN SACHS BANK USA, INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD., NEW YORK BRANCH, PNC BANK, NATIONAL ASSOCIATION and SANTANDER BANK, N.A., as Co- Syndication Agents, REGIONS BANK, as Documentation Agent and THE OTHER LENDERS PARTY HERETO Arranged By: MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, CAPITAL ONE, NATIONAL ASSOCIATION, CITIBANK, N.A., GO (November 30th, 2018)
Newmark Group, Inc. – Credit Agreement (November 30th, 2018)
Credit Agreement (November 30th, 2018)

This CREDIT AGREEMENT is entered into as of November 30, 2018, by and among SP PLUS CORPORATION, a Delaware corporation (the "Borrower"), the Guarantors (as defined herein), the Lenders (as defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and an L/C Issuer.

CREDIT AGREEMENT Dated as of November 29, 2018 Among AMTRUST FINANCIAL SERVICES, INC. The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. As Administrative Agent and Issuing Bank FIFTH THIRD BANK and KEYBANK NATIONAL ASSOCIATION as Co-Syndication Agents and BANK OF AMERICA, N.A., BMO HARRIS BANK N.A., REGIONS BANK and U.S. BANK NATIONAL ASSOCIATION as Co-Documentation Agents JPMORGAN CHASE BANK, N.A., FIFTH THIRD BANK and KEYBANK NATIONAL ASSOCIATION as Joint Bookrunners and JPMORGAN CHASE BANK, N.A., FIFTH THIRD BANK, KEYBANK NATIONAL ASSOCIATION, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPOR (November 29th, 2018)

CREDIT AGREEMENT (this Agreement) dated as of November 29, 2018 among AMTRUST FINANCIAL SERVICES, INC., the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and Issuing Bank, FIFTH THIRD BANK and KEYBANK NATIONAL ASSOCIATION, as Co-Syndication Agents and BANK OF AMERICA, N.A., BMO HARRIS BANK N.A., REGIONS BANK and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agents.

Hilton Grand Vacations Inc. – Amendment No. 1 to the Credit Agreement (November 29th, 2018)
Credit Agreement (November 28th, 2018)

CREDIT AGREEMENT dated as of November 27, 2018 (this "Agreement"), among EVERTEC, Inc., a Puerto Rico corporation ("Parent"), EVERTEC Group, LLC, a Puerto Rico limited liability company (the "Borrower"), the Lenders party hereto from time to time and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and L/C Issuer.

Griffin-American Healthcare REIT IV, Inc. – CREDIT AGREEMENT Dated as of November 20, 2018 Among (November 27th, 2018)

This CREDIT AGREEMENT (as amended, modified, restated or supplemented from time to time, this "Credit Agreement" or this "Agreement") is entered into as of November 20, 2018 by and among GRIFFIN-AMERICAN HEALTHCARE REIT IV HOLDINGS, LP, a Delaware limited partnership (the "Borrower"), GRIFFIN-AMERICAN HEALTHCARE REIT IV, INC., a Maryland corporation (the "Parent") and certain subsidiaries of the Parent identified herein, as Guarantors, the Lenders (as defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer (each, as defined herein) and KEYBANK, NATIONAL ASSOCIATION, as an L/C Issuer.

To the Banks Party to the Credit Agreement Referred to Below C/O Bank of America, N.A., as Administrative Agent for Such Banks (November 27th, 2018)
Credit Agreement (November 23rd, 2018)
Guarantor Under This Agreement Shall Be Made to the Administrative Agent at the Administrative Agent's Office in Dollars. Anything Contained Herein to the Contrary Notwithstanding, to the Extent That the Obligations of Any Guarantor Hereunder Would Be Subject to Avoidance as a Fraudulent Transfer or Conveyance Under Section 548 of the Bankruptcy Code (Title 11, United States Code) or Any Comparable Provisions of Any Similar Federal or State Law, the Obligations of Such Guarantor Hereunder Shall Be Limited to an Aggregate Amount Equal to the Largest Amount That Would Not Render Its Obligations (November 21st, 2018)
Landcadia Holdings, Inc. – Credit Agreement (November 21st, 2018)

This CREDIT AGREEMENT, dated as of November 15, 2018, is entered into by and among WAITR HOLDINGS INC., a Delaware corporation ("Borrower"), the LENDERS party hereto from time to time, and LUXOR CAPITAL GROUP, LP ("Luxor Capital"), as Administrative Agent (in such capacity, "Administrative Agent") and Lead Arranger.

Medley Management Inc. – November 14, 2018 Medley LLC 280 Park Avenue, 6th Floor East New York, NY 10017 Re: Letter Agreement (The "Letter Agreemene) Ladies and Gentlemen: We Refer to That Certain Credit Agreement, Dated as of August 19, 2014 (As Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the "Credit Agreement"), by and Among Medley LLC, a Delaware Limited Liability Company (The "Borrower" or "You"), the Lenders From Time to Time Party Thereto (The "Lenders"), and City National Bank, a National Banking Association, in Its Capacity as the Administrative Agent (The "Administrative Agent") a (November 20th, 2018)
Amendment No. 8 to Credit Agreement (November 15th, 2018)

This Amendment No. 8 to Credit Agreement (together with the consents executed and delivered in the form of Annex B hereto (the Consents), each of which Consent is deemed to be a part hereof, the Amendment) is entered into as of November 13, 2018 (and effective as of November 5, 2018) by and among Monitronics International, Inc., a Texas corporation (Borrower), Bank of America, N.A., individually and as administrative agent (in its capacity as administrative agent, the Administrative Agent), and certain lenders party hereto.

Berry Petroleum Corp – Amendment No. 3 to Credit Agreement (November 15th, 2018)

This Amendment No. 3 to Credit Agreement (this "Amendment") dated as of November 14, 2018 (the "Effective Date"), is among Berry Petroleum Company, LLC, a Delaware limited liability company (the "Borrower"), Berry Petroleum Corporation, a Delaware corporation (the "Parent" and the "Guarantor"), Wells Fargo Bank, National Association, as administrative agent (in such capacity, the "Administrative Agent") and as issuing lender (in such capacity, the "Issuing Lender"), and the Lenders (as defined below).

FIVE-YEAR CREDIT AGREEMENT Dated as of November 13, 2018 Among ROCKWELL AUTOMATION, INC. THE BANKS FROM TIME TO TIME PARTY HERETO BANK OF AMERICA, N.A., as Administrative Agent, GOLDMAN SACHS BANK USA and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agents, and BANK OF CHINA, CHICAGO BRANCH, THE BANK OF NEW YORK MELLON, BMO HARRIS BANK N.A., CITIBANK, N.A., DEUTSCHE BANK SECURITIES INC., PNC BANK, NATIONAL ASSOCIATION, THE TORONTO-DOMINION BANK, NEW YORK BRANCH and U.S. BANK NATIONAL ASSOCIATION, as Documentation Agents MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, GOLDMAN SACH (November 15th, 2018)
CREDIT AGREEMENT Dated as of November 15, 2018 Among CABOT MICROELECTRONICS CORPORATION, as the Borrower, THE LENDERS PARTY HERETO, JPMORGAN CHASE BANK, N.A., as Administrative Agent, BANK OF MONTREAL, U.S. BANK NATIONAL ASSOCIATION, HSBC BANK USA, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agents, JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and GOLDMAN SACHS BANK USA, as Joint Lead Arrangers and Joint Bookrunners (November 15th, 2018)

CREDIT AGREEMENT dated as of November 15, 2018 (this Agreement), among Cabot Microelectronics Corporation, a Delaware corporation (the Borrower), JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the Administrative Agent) and Collateral Agent, and each Issuing Bank and Lender (each as defined below) party hereto from time to time.