Credit Agreement Sample Contracts

CREDIT AGREEMENT Among TECOGEN INC. AND AMERICAN DG ENERGY INC. AND TTCOGEN LLC as Loan Parties and WEBSTER BUSINESS CREDIT CORPORATION, as Lender Effective Date: May 4, 2018 7501865_10.docx (August 14th, 2018)
Sphere 3D Corp – Amendment Number Thirteen to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER THIRTEEN TO CREDIT AGREEMENT (this "Agreement") is made as of July 13, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and CB CA SPV, LLC, a Delaware limited liability company ("Lender").

Sphere 3D Corp – Amendment Number Fourteen to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER FOURTEEN TO CREDIT AGREEMENT (this "Agreement") is made as of July 23, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and CB CA SPV, LLC, a Delaware limited liability company ("Lender").

Sphere 3D Corp – Amendment Number Twelve to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER TWELVE TO CREDIT AGREEMENT (this "Agreement") is made as of June 29, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and CB CA SPV, LLC, a Delaware limited liability company ("Lender").

Aralez Pharmaceuticals Inc. – SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT AMONG ARALEZ PHARMACEUTICALS INC. AND ARALEZ PHARMACEUTICALS CANADA INC. As the Borrowers - And - (August 14th, 2018)

This SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of August 10, 2018 among ARALEZ PHARMACEUTICALS INC., ARALEZ PHARMACEUTICALS CANADA INC. (each a Borrower and collectively, the Borrowers), the Lenders (defined herein) and DEERFIELD MANAGEMENT COMPANY, L.P., a Delaware limited partnership (together with its Affiliates, Deerfield), as Administrative Agent.

Aralez Pharmaceuticals Inc. – SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of August 10, 2018 Among ARALEZ PHARMACEUTICALS US INC., POZEN INC., HALTON LABORATORIES LLC, ARALEZ PHARMACEUTICALS MANAGEMENT INC., ARALEZ PHARMACEUTICALS HOLDINGS LIMITED, ARALEZ PHARMACEUTICALS TRADING DESIGNATED ACTIVITY COMPANY and ARALEZ PHARMACEUTICALS R&D INC., as the Borrowers and DEERFIELD MANAGEMENT COMPANY, L.P., as Administrative Agent, and THE LENDERS PARTY HERETO (August 14th, 2018)

This SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of August 10, 2018 among ARALEZ PHARMACEUTICALS US INC., POZEN INC., HALTON LABORATORIES LLC, ARALEZ PHARMACEUTICALS MANAGEMENT INC., ARALEZ PHARMACEUTICALS HOLDINGS LIMITED, ARALEZ PHARMACEUTICALS TRADING DESIGNATED ACTIVITY COMPANY, ARALEZ PHARMACEUTICALS R&D INC. (each a Borrower and collectively, the Borrowers), the Lenders (defined herein) and DEERFIELD MANAGEMENT COMPANY, L.P., a Delaware limited partnership (together with its Affiliates, Deerfield), as Administrative Agent.

Sphere 3D Corp – Amendment Number Nine to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER NINE TO CREDIT AGREEMENT (this "Agreement") is made as of June 1, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank ("Lender").

Sphere 3D Corp – Amendment Number Ten to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER TEN TO CREDIT AGREEMENT (this "Agreement") is made as of June 4, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank ("Lender").

Sphere 3D Corp – Amendment Number Eleven to Credit Agreement (August 14th, 2018)

This AMENDMENT NUMBER ELEVEN TO CREDIT AGREEMENT (this "Agreement") is made as of June 15, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the "Company"), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 ("Subsidiary Borrower" and, collectively with Company, the "Borrowers" and each individually a "Borrower"), each undersigned Guarantor signatory hereto, and CB CA SPV, LLC, a Delaware limited liability company ("Lender").

Amendment No. 1 to Credit Agreement (August 13th, 2018)

This AMENDMENT NO. 1, dated as of August 13, 2018 (this "Agreement"; capitalized terms used herein without definition having the meanings provided in Article I), is entered into among MAGELLAN HEALTH, INC., (with its successors, the "Borrower"), each Lender a party hereto and MUFG BANK, LTD. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders.

Babcock & Wilcox Enterprises, Inc. – Amendment No. 8 to Credit Agreement (August 13th, 2018)

This AMENDMENT NO. 8 TO CREDIT AGREEMENT (this "Amendment"), dated as of August 9, 2018, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the "Borrower"), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the "Administrative Agent"), and each of the Lenders party hereto, and, for purposes of Sections 1, 2, 5, 6 and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors.

Endologix Inc – CREDIT AGREEMENT by and Among DEERFIELD ELGX REVOLVER, LLC, as Agent, THE LENDERS THAT ARE PARTIES HERETO, as the Lenders, ENDOLOGIX, INC., Each of Its Direct and Indirect Subsidiaries Listed on the Signature Pages Hereto and Any Additional Borrower That Hereafter Becomes Party Hereto, Each as Borrower, and Collectively as Borrowers Closing Date: August 9, 2018 (August 10th, 2018)
CREDIT AGREEMENT Dated as of August 9, 2018 Among SYNNEX CORPORATION, as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, THE LENDERS PARTY HERETO and JPMORGAN CHASE BANK, N.A., as Administrative Agent BANK OF AMERICA, N.A., MUFG BANK, LTD. And THE BANK OF NOVA SCOTIA, as Co-Syndication Agents, SUMITOMO MITSUI BANKING CORPORATION and TD BANK, N.A., as Co-Documentation Agents, and JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, MUFG BANK, LTD. And THE BANK OF NOVA SCOTIA, as Joint Lead Arrangers and Joint Bookrunners (August 10th, 2018)
CREDIT AGREEMENT Dated as of August 9, 2018 Among SYNNEX CORPORATION, as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, THE LENDERS PARTY HERETO and JPMORGAN CHASE BANK, N.A., as Administrative Agent BANK OF AMERICA, N.A., MUFG BANK, LTD. And THE BANK OF NOVA SCOTIA, as Co-Syndication Agents, SUMITOMO MITSUI BANKING CORPORATION and TD BANK, N.A., as Co-Documentation Agents, and JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, MUFG BANK, LTD. And THE BANK OF NOVA SCOTIA, as Joint Lead Arrangers and Joint Bookrunners (August 10th, 2018)
CREDIT AGREEMENT by and Among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, THE LENDERS THAT ARE PARTIES HERETO as the Lenders, THE McClatchy COMPANY, as Parent, and THE BORROWERS THAT ARE PARTIES HERETO Dated as of July 16, 2018 (August 9th, 2018)

THIS CREDIT AGREEMENT, is entered into as of July 16, 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"), THE MCCLATCHY COMPANY, a Delaware corporation ("Parent"), the Subsidiaries of Parent identified on the signature pages hereof as "Borrowers", and those additional entities that hereafter become parties hereto as "Borrowers" in accordance with the terms hereof by executing the form of Joinder attached hereto as Exhibit J-1 (each a "Borrower" and individually and collectively, jointly and severally, the "Borrowers").

PAR Technology Corporation – Credit Agreement (August 9th, 2018)
AMENDMENT NO. 1 TO 5-Year CREDIT AGREEMENT Dated as of April 6, 2018 to 5-Year CREDIT AGREEMENT Dated as of April 7, 2016 (August 9th, 2018)

THIS AMENDMENT NO. 1 TO 5-YEAR CREDIT AGREEMENT ("Amendment") is made as of April 6, 2018 (the "Effective Date") by and among Harley-Davidson, Inc., a Wisconsin corporation ("Harley"), Harley-Davidson Financial Services, Inc., a Delaware corporation ("HDFS", and together with Harley, collectively, the "U.S. Borrowers"), Harley-Davidson Financial Services Canada, Inc., a corporation organized and existing under the laws of Canada ("Canadian Borrower", and together with the U.S. Borrowers, collectively, the "Borrowers"), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, N.A., as Global Administrative Agent (the "Administrative Agent"), under that certain 5-Year Credit Agreement dated as of April 7, 2016 by and among the Borrowers, Harley-Davidson Financial Services International, Inc., a Delaware corporation, and Harley-Davidson Credit Corp., a Nevada corporation, as Guarantors, the Lenders and the Administrative Agent (the "Credit Agreement"). Capi

Babcock & Wilcox Enterprises, Inc. – Consent and Amendment No. 7 to Credit Agreement (August 9th, 2018)

This CONSENT AND AMENDMENT NO. 7 TO CREDIT AGREEMENT (this "Amendment"), dated as of May 31, 2018, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the "Borrower"), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the "Administrative Agent"), and each of the Lenders party hereto, and, for purposes of Sections 1, 2, 3, 4, 7 and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors.

CareDx, Inc. – Credit Agreement and Guaranty Dated as of April 17, 2018 Among CareDx, Inc. As the Borrower, Certain Subsidiaries of the Borrower From Time to Time Party Hereto, as the Subsidiary Guarantors, the Lenders From Time to Time Party Hereto, as the Lenders, and Perceptive Credit Holdings II, LP as the Administrative Agent U.S. $35,000,000 (August 9th, 2018)
ADESTO TECHNOLOGIES Corp – CREDIT AGREEMENT Dated as of May 8, 2018, Among ADESTO TECHNOLOGIES CORPORATION, as Borrower, THE LENDERS PARTY HERETO, CORTLAND CAPITAL MARKET SERVICES LLC, as Administrative Agent, and OBSIDIAN AGENCY SERVICES, INC., as Collateral Agent (August 9th, 2018)

This CREDIT AGREEMENT is dated as of May 8, 2018 and entered into by and among Adesto Technologies Corporation, a Delaware corporation (the "Borrower"), the Lenders (as defined in Article I), Cortland Capital Market Services LLC ("Cortland"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the "Administrative Agent") and, Obsidian Agency Services, Inc. ("Obsidian"), as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, the "Collateral Agent").

Amendment and Consent to Revolving Facility Credit Agreement (August 9th, 2018)

This AMENDMENT AND CONSENT TO REVOLVING FACILITY CREDIT AGREEMENT, dated as of May 15, 2018 (the "Agreement"), is by and among ROYAL GOLD, INC., a corporation organized under the laws of the State of Delaware, as a borrower ("Royal Gold" or "Borrower"), RG ROYALTIES, LLC (f/k/a RG Mexico, Inc.), a limited liability company organized under the laws of the State of Delaware, as a guarantor ("RG Royalties"), ROYAL GOLD INTERNATIONAL HOLDINGS, INC., a corporation organized under the laws of the State of Delaware, as a guarantor ("RG International"), such additional guarantors from time to time party hereto, as guarantors (the "Additional Guarantors" and together with RG Royalties and RG International, collectively, the "Guarantors" and each, a "Guarantor"), those banks and financial institutions identified as a "Lender" on the signature pages hereto (individually, each a "Lender" and collectively, the "Lenders"), and THE BANK OF NOVA SCOTIA, in its capacity as administrative agent (in such

CREDIT AGREEMENT Dated as of April 6, 2018 Among (August 9th, 2018)
SIFCO Industries, Inc. – CREDIT AGREEMENT Dated as of August 7, 2018 Among SIFCO INDUSTRIES, INC., T & W FORGE, LLC, QUALITY ALUMINUM FORGE, LLC, and JPMORGAN CHASE BANK, N.A. ASSET BASED LENDING (August 9th, 2018)

CREDIT AGREEMENT dated as of August 7, 2018 (as it may be amended or modified from time to time, together with all Exhibits, Schedules and Riders annexed hereto from time to time, each of which is hereby incorporated herein and made a part hereof, this "Agreement"), by and among SIFCO Industries, Inc., an Ohio corporation ("SIFCO"), T & W Forge, LLC, an Ohio limited liability company ("T & W"), and Quality Aluminum Forge, LLC, an Ohio limited liability company ("Quality Forge" and, together with SIFCO and T & W, collectively, the "Borrowers" and each, individually, a "Borrower"), the Loan Parties party hereto, and JPMorgan Chase Bank, N.A., a national banking association (the "Lender").

Ceridian HCM Holding Inc. – CREDIT AGREEMENT Dated as of April 30, 2018 Among CERIDIAN HCM HOLDING INC., as the Borrower, THE LENDERS PARTY HERETO, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent, DEUTSCHE BANK SECURITIES INC., CREDIT SUISSE SECURITIES (USA) LLC, GOLDMAN SACHS BANK USA, JPMORGAN CHASE BANK, N.A., BARCLAYS BANK PLC, CITIGROUP GLOBAL MARKETS INC., CANADIAN IMPERIAL BANK OF COMMERCE, WELLS FARGO SECURITIES, LLC, JEFFERIES FINANCE LLC, MUFG UNION BANK, N.A., MERRILL, LYNCH, PIERCE, FENNER & SMITH INCORPORATED and PNC CAPITAL MARKETS LLC as Joint Lead Arrangers and Joint Boo (August 9th, 2018)

CREDIT AGREEMENT dated as of April 30, 2018 (this Agreement), among CERIDIAN HCM HOLDING INC., a Delaware corporation (the Borrower), the Lenders (as defined herein) and DEUTSCHE BANK AG NEW YORK BRANCH (DBNY), as the Administrative Agent and the Collateral Agent. Capitalized terms used herein shall have the meanings set forth in Article I.

Us Xpress Enterprises – CREDIT AGREEMENT Dated as of June 18, 2018 by and Among U.S. XPRESS ENTERPRISES, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer, and THE OTHER LENDERS PARTY HERETO MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC, and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Joint Bookrunners (August 9th, 2018)

This CREDIT AGREEMENT is entered into as of June 18, 2018, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the "Borrower"), the Guarantors party hereto, the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer.

SECOND AMENDMENT Dated as of July 26, 2018 to CREDIT AGREEMENT Dated as of December 12, 2017 (August 8th, 2018)

THIS SECOND AMENDMENT (this "Amendment") is made as of July 26, 2018 by and among Equinix, Inc., a Delaware corporation (the "Borrower"), the financial institutions listed on the signature pages hereof (the "JPY Term Lenders"), MUFG Bank, Ltd., as technical agent in respect of the JPY Term Loans defined below (the "Technical Agent"), and Bank of America, N.A., as administrative agent (the "Administrative Agent'), under that certain Credit Agreement dated as of December 12, 2017 by and among the Borrower, the other Loan Parties from time to time party thereto, the Lenders from time to time party thereto and the Administrative Agent (as further amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.

Credit Agreement (364-Day Commitment) (August 8th, 2018)

THIS CREDIT AGREEMENT (364-DAY COMMITMENT) ("this Agreement") is entered into as of June 1, 2018, among The Charles Schwab Corporation, a Delaware corporation (the "Borrower"), the several financial institutions from time to time party to this Agreement (collectively the "Lenders"; individually each a "Lender"), and Citibank, N.A., as administrative agent for the Lenders (the "Agent").

Schneider National, Inc. – CREDIT AGREEMENT Dated as of August 6, 2018 Among SCHNEIDER NATIONAL LEASING, INC., as Borrower, SCHNEIDER NATIONAL, INC., SCHNEIDER RESOURCES, INC., SCHNEIDER FINANCE, INC., and SCHNEIDER NATIONAL CARRIERS, INC., as Guarantors, the Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent BANK OF AMERICA, N.A. And U.S. BANK NATIONAL ASSOCIATION, as Syndication Agents WELLS FARGO BANK, NATIONAL ASSOCIATION, BMO HARRIS FINANCING, INC., and ASSOCIATED BANK, N.A., as Documentation Agents ___________________________ JPMORGAN CHASE BANK, N.A., as Lead Left Bookrunner JPMORGAN CHAS (August 8th, 2018)
International Seaways, Inc. – CREDIT AGREEMENT Dated as of June 7, 2018 by and Among SEAWAYS SHIPPING CORPORATION, as Borrower, the INITIAL GUARANTORS, Along With Any Additional Guarantors Who May Become Party Hereto, as Guarantors, the LENDERS Party Hereto From Time to Time, the SWAP BANKS Party Hereto From Time to Time, and ABN AMRO CAPITAL USA LLC, as Security Trustee and Facility Agent Together With ABN AMRO CAPITAL USA LLC, as Mandated Lead Arranger and ABN AMRO CAPITAL USA LLC, as Arranger and Bookrunner (August 8th, 2018)

This CREDIT AGREEMENT, dated as of June 7, 2018 (this "Agreement"), is made by and among SEAWAYS SHIPPING CORPORATION, as Borrower, the INITIAL GUARANTORS, along with any Additional Guarantors who may become party hereto, as Guarantors, the LENDERS party hereto, the SWAP BANKS party hereto, ABN AMRO CAPITAL USA LLC, as Mandated Lead Arranger, ABN AMRO CAPITAL USA LLC, as Arranger and Bookrunner, ABN AMRO CAPITAL USA LLC, as Security Trustee and ABN AMRO CAPITAL USA LLC, as Facility Agent.

Amendment No. 2 to Credit Agreement (August 8th, 2018)

AMENDMENT NO. 2 TO CREDIT AGREEMENT, dated as of June 28, 2018 (this "Amendment"), by and among MARSHALL BROADCASTING GROUP, INC., a Texas corporation (the "Borrower"), each Loan Party and Marshall Equity Holder party hereto, BANK OF AMERICA, N.A., as administrative agent (the "Administrative Agent"), each person party hereto as a Consenting Term A Lender, each person party hereto as a Consenting Revolving Lender and Bank of America, N.A. as the Additional Term A-3 Lender.

364-Day CREDIT AGREEMENT by and Among CVS HEALTH CORPORATION, THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., GOLDMAN SACHS BANK USA and WELLS FARGO BANK, N.A., as Co-Syndication Agents, BARCLAYS BANK PLC and JPMORGAN CHASE BANK, N.A., as Co-Documentation Agents, and THE BANK OF NEW YORK MELLON, as Administrative Agent (August 8th, 2018)

364-DAY CREDIT AGREEMENT, dated as of May 17, 2018, by and among CVS HEALTH CORPORATION, a Delaware corporation (the "Borrower"), the lenders party hereto from time to time (each a "Lender" and, collectively, the "Lenders"), BANK OF AMERICA, N.A. ("BofA"), GOLDMAN SACHS BANK USA ("GS"), and WELLS FARGO BANK, N.A. ("Wells Fargo"), as co-syndication agents (in such capacity, each a "Co-Syndication Agent" and, collectively, the "Co-Syndication Agents"), BARCLAYS BANK PLC ("Barclays") and JPMORGAN CHASE BANK, N.A., ("JPMC"), as co-documentation agents (in such capacity, each a "Co-Documentation Agent" and, collectively, the "Co-Documentation Agents"), and THE BANK OF NEW YORK MELLON ("BNY Mellon"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the "Administrative Agent").

CREDIT AGREEMENT by and Among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, THE LENDERS THAT ARE PARTIES HERETO, as the Lenders, and MODEL N, INC., and EACH ADDITIONAL PERSON THAT IS JOINED AS a BORROWER HEREUNDER, as Borrowers Dated as of May 4, 2018 (August 8th, 2018)

THIS CREDIT AGREEMENT, is entered into as of May 4, 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"), MODEL N, INC., a Delaware corporation (a "Borrower" or "Model N"), and those additional Persons that are joined as a party hereto by executing the form of Joinder attached hereto as Exhibit J-1 (each a "Borrower" and individually and collectively, jointly and severally, as "Borrowers").

Amendment No. 2 to Credit Agreement (August 8th, 2018)

AMENDMENT NO. 2 (this "Amendment"), dated as of May 17, 2018, is entered into among CVS Health Corporation, a Delaware corporation (the "Borrower"), The Bank of New York Mellon, as Administrative Agent, and the Lenders party hereto (the "Consenting Lenders"). Except as otherwise provided herein, capitalized terms used herein which are not defined herein shall have the meanings set forth in the Credit Agreement (as defined below).

Amendment No. 3 to Credit Agreement (August 7th, 2018)

This AMENDMENT NO. 3 TO CREDIT AGREEMENT, dated as of July 13, 2018 (this "Amendment"), is entered into among INTERNATIONAL FLAVORS & FRAGRANCES INC., INTERNATIONAL FLAVORS & FRAGRANCES (NEDERLAND) HOLDING B.V., INTERNATIONAL FLAVORS & FRAGRANCES I.F.F. (NEDERLAND) B.V. and INTERNATIONAL FLAVORS & FRAGRANCES (GREATER ASIA) PTE. LTD. (collectively, the "Borrowers"), the Lenders signatory hereto and CITIBANK, N.A., as administrative agent (in such capacity, the "Administrative Agent").

On Deck – CREDIT AGREEMENT Dated as of April 13, 2018 Among LOAN ASSETS OF ONDECK, LLC, (August 7th, 2018)

This CREDIT AGREEMENT, dated as of April 13, 2018, is entered into by and among LOAN ASSETS OF ONDECK, LLC, a Delaware limited liability company ("Company"), the Lenders party hereto from time to time and 20 GATES MANAGEMENT LLC, as Administrative Agent for the Class A Lenders (in such capacity, "Administrative Agent") and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent (in such capacity, "Paying Agent") and as Collateral Agent for the Secured Parties (in such capacity, "Collateral Agent").