Credit Agreement Sample Contracts

FTE Networks, Inc. – Amendment No. 4 to Credit Agreement (February 15th, 2019)

AMENDMENT NO. 4 TO CREDIT AGREEMENT dated as of February 12, 2019 (the "Amendment") among (1) JUS-COM, INC., an Indiana corporation ("Jus-Com"), (2) FTE NETWORKS, INC., a Nevada corporation ("Holdings"), (3) BENCHMARK BUILDERS, INC., a New York corporation ("Benchmark" and together with Jus-Com and Holdings, the "Borrower"), (4) the lenders party hereto, (5) LATERAL JUSCOM FEEDER LLC, a Delaware limited liability company, as Administrative Agent (in such capacity, together with its successors in such capacity, the "Administrative Agent"), and (6) FOCUS VENTURE PARTNERS, INC., a Nevada limited liability company, FTE HOLDINGS, LLC, a Nevada limited liability company, OPTOS CAPITAL PARTNERS, LLC, a Delaware limited liability company, FOCUS FIBER SOLUTIONS, LLC, a Delaware limited liability company, CROSSLAYER, INC., a Nevada corporation, UBIQ COMMUNICATIONS, LLC, a Nevada limited liability company, and FOCUS WIRELESS, LLC, a Delaware limited liability company.

In Favor of THE SECURED PARTIES REFERRED TO IN THE CREDIT AGREEMENT REFERRED TO HEREIN (February 15th, 2019)

THIRD AMENDED AND RESTATED U.S. GUARANTEE AGREEMENT dated as of February 15, 2019 (this Guaranty) made by United Rentals, Inc., a Delaware corporation (Holdings), United Rentals (North America), Inc., a Delaware corporation (the Company), the Persons listed on the signature pages hereof under the caption Guarantors and the Additional Guarantors (as defined in Section 8(b)) (Holdings, the Company and such Persons so listed and the Additional Guarantors being, collectively, the Guarantors and, individually, each a Guarantor) in favor of the Secured Parties (as defined in the Credit Agreement referred to below).

CTS Corporation – Amended and Restated Credit Agreement Dated as of February 12, 2019 Among Cts Corporation, and Cts International B.V., as Borrowers, (February 15th, 2019)

This Amended and Restated Credit Agreement is entered into as of February 12, 2019, by and among CTS Corporation, an Indiana corporation (the "Company"), CTS International B.V., a private company with limited liability (a besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of the Netherlands, having its statutory seat (statutaire zetal) in Amsterdam, the Netherlands and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 34127542 ("CTS BV" and together with the Company individually, a "Borrower" and collectively, the "Borrowers"), the direct and indirect Subsidiaries of the Company from time to time party to this Agreement, as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, BMO Harris Bank N.A., as L/C Issuer, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such t

CREDIT AGREEMENT Among SYKES ENTERPRISES, INCORPORATED as Borrower THE LENDERS NAMED HEREIN as Lenders and KEYBANK NATIONAL ASSOCIATION as Administrative Agent, Swing Line Lender and Issuing Lender KEYBANC CAPITAL MARKETS INC. As Sole Lead Arranger and Sole Book Runner BANK OF AMERICA, N.A. CITIBANK, N.A. As Co-Syndication Agents CITIZENS BANK, N.A. U.S. BANK NATIONAL ASSOCIATION as Co- Documentation Agents Dated as of February 14, 2019 (February 15th, 2019)

This CREDIT AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this Agreement) is made effective as of the 14th day of February, 2019 among:

Consent and Amendment No. 1 to Credit Agreement (February 13th, 2019)

This CONSENT AND AMENDMENT NO. 1 TO CREDIT AGREEMENT (this "Amendment") is made as of this 12th day of February, 2019, by and among iPass Inc., a Delaware corporation ("Parent"), iPass IP LLC, a Delaware limited liability company ("iPass SPV" and, together with Parent, each a "Borrower" and collectively, the "Borrowers"), Fortress Credit Corp., a Delaware corporation ("Fortress"), FIP UST LP, a Delaware limited partnership ("FIP"), and DBD Credit Funding LLC, a Delaware limited liability company ("DBD", and together with Fortress, FIP and any of their respective affiliates that are lenders under the Credit Agreement (as defined below), individually or collectively, as the context may require, "Lender").

Adma Biologics, Inc. – CREDIT AGREEMENT AND GUARANTY Dated as of February 11, 2019 by and Among ADMA BIOLOGICS, INC., as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO as the Lenders, and PERCEPTIVE CREDIT HOLDINGS II, LP, as the Administrative Agent U.S. $72,500,000 (February 12th, 2019)

Credit Agreement and Guaranty, dated as of February 11, 2019 (this "Agreement"), among ADMA BIOLOGICS, INC., a Delaware corporation (the "Borrower"), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder (each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), and PERCEPTIVE CREDIT HOLDINGS II, LP, as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Tremont Mortgage Trust – Credit Agreement (February 8th, 2019)

This CREDIT AGREEMENT (this "Agreement") is dated as of February 4, 2019 and is by and between Tremont Mortgage Trust (the "Borrower"), and Tremont Realty Advisors LLC (the "Lender").

CREDIT AGREEMENT Amendment No. 2 (February 8th, 2019)

This AMENDMENT NO. 2 (this "Amendment") is made as of February 1, 2019 by and among CLECO CORPORATE HOLDINGS LLC (f/k/a CLECO CORPORATION), a Louisiana limited liability company (the "Borrower"), the LENDERS party hereto (the "Lenders"), and MIZUHO BANK, LTD., as administrative agent (in such capacity, the "Administrative Agent"), as Issuing Bank (in such capacity, the "Issuing Bank") and as Swingline Lender (in such capacity, the "Swingline Lender").

Adient Ltd – AMENDMENT No. 2, Dated as of February 6, 2019 (This Amendment), to the Credit Agreement Dated as of July 27, 2016, Among ADIENT GLOBAL HOLDINGS LTD, a Public Company Organized Under the Companies (Jersey) Law 1991 With Registered Number 121385 Having Its Registered Office at 3rd Floor, 37 Esplanades, St Helier, Jersey, JE2 3QA, as Initial Borrower, the Subsidiary Borrower Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Party to the Credit Agreement (The Lenders), JPMORGAN CHASE BANK, N.A., as Administrative Agent (The Administrative Agent) and Co (February 7th, 2019)
HS Spinco, Inc. – CREDIT AGREEMENT Among VET INTERMEDIATE HOLDCO II, LLC, as the Borrower, the Several Lenders From Time to Time Parties Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent and Issuing Lender, JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, ING CAPITAL LLC, TD SECURITIES (USA) LLC, MUFG UNION BANK, N.A., HSBC BANK USA, N.A. And WELLS FARGO SECURITIES, LLC, as Joint Lead Arrangers, JPMORGAN CHASE BANK, N.A. And MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Bookrunners, BANK OF AMERICA, N.A., ING BANK, N.V., TD BANK, N.A., MUFG (February 7th, 2019)
FIRST AMENDMENT TO CREDIT AGREEMENT AND Joinder (February 7th, 2019)

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND JOINDER (this "Amendment"), dated as of February 1, 2019, is entered into by and among BRPI Acquisition Co LLC, a Delaware limited liability company, United Online, Inc., a Delaware corporation, YMax Corporation, a Delaware corporation (collectively, the "Borrowers"), the Affiliates of the Borrowers identified on the signature pages hereto (collectively, the "Secured Guarantors"), the financial institutions identified on the signature pages hereto (collectively, the "Lenders"), and Banc of California, N.A., as Administrative Agent, with reference to the following facts:

AB Private Credit Investors Corp – CREDIT AGREEMENT January 30, 2019 Among ABPCIC Funding I LLC as the Borrower and BARCLAYS BANK PLC, NEW YORK BRANCH as the Facility Agent and THE SENIOR LENDERS REFERRED TO HEREIN and U.S. BANK NATIONAL ASSOCIATION, as the Collateral Agent, Collateral Administrator and Custodian (February 5th, 2019)

THIS CREDIT AGREEMENT dated as of January 30, 2019, is entered into by and among ABPCIC Funding I LLC, a limited liability company organized under the law of the State of Delaware, as Borrower, the Senior Lenders party hereto from time to time, BARCLAYS BANK PLC, NEW YORK BRANCH, as Facility Agent, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent, Collateral Administrator and Custodian.

Amendment No. 3 to Credit Agreement (February 4th, 2019)

This Amendment No. 3 to Credit Agreement, dated as of November 21, 2018 (this "Amendment") is among MTS SYSTEMS CORPORATION, a Minnesota corporation (the "Company"), JPMORGAN CHASE BANK, N.A., as Administrative Agent (the "Administrative Agent") and as Swingline Lender (the "Swingline Lender"), JPMORGAN CHASE BANK, N.A. and U.S. BANK NATIONAL ASSOCIATION, as Issuing Banks (collectively, the "Issuing Banks" and each, an "Issuing Bank") and the Revolving Lenders party hereto. Capitalized terms not otherwise defined herein having the definitions provided therefor in the Credit Agreement referenced below.

AgroFresh Solutions, Inc. – Amendment No. 2 to Credit Agreement (February 1st, 2019)

This AMENDMENT NO. 2 TO CREDIT AGREEMENT, dated as of January 31, 2019 (this "Second Amendment"), among AF SOLUTIONS HOLDINGS LLC, a Delaware limited liability company ("Holdings"), AGROFRESH INC., an Illinois corporation (the "Borrower"), each 2019 Refinancing Revolving Lender and BANK OF MONTREAL, as administrative agent (in such capacity, together with its successors and assigns, the "Administrative Agent").

For the Lenders Party to the Credit Agreement Referred to Below (January 29th, 2019)
Cvr Energy Inc. – CREDIT AGREEMENT Dated as of January 29, 2019, Among CVR ENERGY, INC., as Borrower, JEFFERIES FINANCE LLC, as Administrative Agent, Collateral Agent and Sole Lead Arranger, and THE LENDERS NAMED HEREIN as Lenders (January 29th, 2019)

This Credit Agreement dated as of January 29, 2019, is among CVR Energy, Inc., a Delaware corporation (Borrower), the lenders party hereto from time to time (the Lenders), and Jefferies Finance LLC, as administrative agent (in such capacity, the Administrative Agent) and collateral agent (in such capacity, the Collateral Agent) for such Lenders.

Gastar Exploration Inc. – CREDIT AGREEMENT Dated as of January 22, 2019 Between GASTAR MIDCO HOLDINGS LLC, as Borrower, and AF v ENERGY I HOLDINGS, L.P., as Lender (January 22nd, 2019)

This CREDIT AGREEMENT, dated as of January 22, 2019, is between GASTAR MIDCO HOLDINGS LLC, a Delaware limited liability company, as Borrower and AF V Energy I Holdings, L.P., as Lender.

Landcadia Holdings, Inc. – AMENDMENT NO. 1 to CREDIT AGREEMENT (January 18th, 2019)
Avedro Inc – CREDIT AGREEMENT Dated as of March 20, 2017 by and Between AVEDRO, INC., as the Borrower, and ORBIMED ROYALTY OPPORTUNITIES II, LP, as the Lender (January 18th, 2019)
Casey's General Stores – CREDIT AGREEMENT Dated as of January 11, 2019 Among CASEY'S GENERAL STORES, INC., as Borrower, the Lenders Party Hereto, And (January 17th, 2019)

CREDIT AGREEMENT dated as of January 11, 2019, (this "Agreement") among CASEY'S GENERAL STORES, INC. (the "Borrower"), the LENDERS from time to time party hereto, the ISSUING BANKS from time to time party hereto, and ROYAL BANK OF CANADA, as Administrative Agent.

Dividend Capital Diversified Property Fund Inc. – CREDIT AGREEMENT Dated as of January 11, 2019 by and Among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware Limited Partnership, (January 16th, 2019)

THIS CREDIT AGREEMENT (this Agreement) dated as of January 11, 2019 by and among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a limited partnership formed under the laws of the State of Delaware (the Borrower), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5. (the Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent), with WELLS FARGO SECURITIES, LLC and REGIONS CAPITAL MARKETS, as Joint Lead Arrangers and Bookrunners (in such capacities, the Arranger), REGIONS BANK, as Syndication Agent (the Syndication Agent) and CAPITAL ONE, NATIONAL ASSOCIATION, as Documentation Agent (the Documentation Agent).

Amendment No. 2 to the Credit Agreement (January 15th, 2019)

AMENDMENT NO. 2 TO THE CREDIT AGREEMENT among ADVANCE STORES COMPANY, INCORPORATED, a Virginia corporation (the "Borrower"), ADVANCE AUTO PARTS, INC., a Delaware corporation ("Parent"), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the "Lenders") and BANK OF AMERICA, N.A., as administrative agent (the "Administrative Agent") for the Lenders.

CREDIT AGREEMENT DATED AS OF JANUARY 11, 2019 AMONG THE ANDERSONS, INC., THE LENDERS, U.S. BANK NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT BANK OF AMERICA, N.A., BMO HARRIS BANK N.A., BANK OF THE WEST, FIFTH THIRD BANK, and ABN AMRO CAPITAL USA LLC, AS CO-SYNDICATION AGENTS BRANCH BANKING AND TRUST COMPANY and CITIBANK, N.A., AS CO-DOCUMENTATION AGENTS (January 14th, 2019)

This Credit Agreement (the "Agreement"), dated as of January 11, 2019, is among THE ANDERSONS, INC., the Lenders and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as LC Issuer, Swing Line Lender and as Administrative Agent. The parties hereto agree as follows:

US$750,000,000 CREDIT AGREEMENT Dated as of January 11, 2019 Among Johnson Controls International Plc, as Borrower, the Lenders Parties Hereto and U.S. Bank National Association, as Administrative Agent U.S. Bank National Association, Sole Lead Arranger and Sole Bookrunner (January 11th, 2019)
CREDIT AGREEMENT Dated as of January 7, 2019 Among COHERUS BIOSCIENCES, INC., as the Borrower, CERTAIN DOMESTIC SUBSIDIARIES OF THE BORROWER, as the Guarantors, HCR COLLATERAL MANAGEMENT, LLC, as the Administrative Agent and THE LENDERS FROM TIME TO TIME PARTY HERETO (January 11th, 2019)
CREDIT AGREEMENT Dated as of January 7, 2019 Among CELANESE CORPORATION, as Holdings, CELANESE US HOLDINGS LLC and CERTAIN SUBSIDIARIES THEREOF, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, and the Other Lenders Party Hereto, With DEUTSCHE BANK SECURITIES INC., as Syndication Agent, and CITIBANK, N.A., and JPMORGAN CHASE BANK, N.A., as Co-Documentation Agents, and With MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED CITIBANK N.A. DEUTSCHE BANK SECURITIES INC., and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Joint Bookrunners (January 11th, 2019)

This CREDIT AGREEMENT (this "Agreement") is entered into as of January 7, 2019, among Celanese Corporation, a corporation incorporated under the laws of Delaware ("Holdings"), Celanese US Holdings LLC, a limited liability company incorporated under the laws of Delaware (the "Company"), Celanese Europe B.V., a private limited liability company organized under the laws of the Netherlands and registered with the Dutch trade register under number 61484660 ("CBV"), Elwood C.V., a limited partnership organized under the laws of the Netherlands and registered with the Dutch trade register under number 64634299, represented by its sole general partner Celanese Europe Holdings LLC ("Elwood" and, collectively with CBV, the "Closing Date Foreign Borrowers"), certain Subsidiaries of the Company from time to time party hereto as borrowers pursuant to Section 2.14 (with the Closing Date Foreign Borrowers, collectively the "Designated Borrowers" and each a "Designated Borrower"; the Designated Borrow

Agiliti, Inc. \De – CREDIT AGREEMENT Dated as of January 4, 2019 Among AGILITI HEALTH, INC., as the Borrower, (January 10th, 2019)

CREDIT AGREEMENT, dated as of January 4, 2019 (this Agreement), by and among AGILITI HEALTH, INC., a Delaware corporation (the Borrower), AGILITI HOLDCO INC., a Delaware corporation (Holdings), the Subsidiaries of the Borrower from time to time party hereto, the Lenders and JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent for the Lenders (in its capacity as administrative and collateral agent, the Administrative Agent).

AMENDMENT NO. 2 Dated as of January 7, 2019 to CREDIT AGREEMENT (January 8th, 2019)

THIS AMENDMENT NO. 2 (this "Amendment") is made as of January 7, 2019 by and among Cimpress N.V. (the "Company"), Vistaprint Limited, Cimpress Schweiz GmbH, Vistaprint B.V. and Cimpress USA Incorporated (collectively, the "Subsidiary Borrowers" and, together with the Company, the "Borrowers"), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, N.A., in its capacity as administrative agent for the Lenders (the "Administrative Agent"), under that certain Credit Agreement dated as of October 21, 2011, as amended and restated as of February 8, 2013 and as further amended and restated as of July 13, 2017, by and among the Borrowers, the Lenders from time to time party thereto and the Administrative Agent (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the "Existing Credit Agreement"). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in t

Armstrong Flooring, Inc. – CREDIT AGREEMENT Dated as of December 31, 2018 Among ARMSTRONG FLOORING, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and L/C Issuer, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And SUNTRUST ROBINSON HUMPHREY, INC., as Joint Lead Arrangers and Joint Bookrunners, BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. And SUNTRUST BANK, as Co-Syndication Agents, and THE LENDERS PARTY HERETO (January 7th, 2019)
CREDIT AGREEMENT Dated as of January 4, 2019 Among CALLAWAY GOLF COMPANY, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, MUFG UNION BANK, N.A. SUNTRUST ROBINSON HUMPHREY, INC., as Co-Syndication Agents, and the Other Lenders Party Hereto BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. MUFG UNION BANK, N.A. SUNTRUST ROBINSON HUMPHREY, INC. As Joint Lead Arrangers and Joint Bookrunners (January 4th, 2019)
CREDIT AGREEMENT Among FORRESTER RESEARCH, INC., as the Borrower, the Several Lenders From Time to Time Parties Hereto, and JPMORGAN CHASE BANK, N.A., as the Administrative Agent Dated as of January 3, 2019 JPMORGAN CHASE BANK, N.A. And MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as Joint Lead Arrangers and Joint Bookrunners BANK OF AMERICA, N.A. As Syndication Agent (January 3rd, 2019)
Workhorse Group Inc. – Credit Agreement (January 2nd, 2019)

This Credit Agreement dated as of December 31, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement"), is made among Workhorse Group Inc., a Nevada corporation (the "Borrower"), Wilmington Trust, National Association, not individually, but as the Agent (as defined below) for the financial institutions from time to time party to this Agreement (collectively, with their permitted successors and assignees, the "Lenders"), and the Lenders from time to time party hereto.

Advanced BioEnergy, LLC – Limited Waiver and Third Amendment to Master Credit Agreement (December 31st, 2018)

This Limited Waiver and Third Amendment to Master Credit Agreement ("Amendment" or "Third Amendment") is made and entered into effective as of October 19, 2018 (the "Effective Date"), by and between ABE South Dakota, LLC, a Delaware limited liability company ("Borrower"), and AgCountry Farm Credit Services, PCA, a federal production credit association organized under the Farm Credit Act of 1971, as amended ("Lender") for the purpose of amending the Master Credit Agreement between Borrower and Lender dated as of December 29, 2015 (as may be amended, restated, supplemented or otherwise modified from time to time, the "Master Agreement") as subsequently amended by the Limited Waiver and First Amendment to Master Credit Agreement dated as of September 28, 2016, and the Second Amendment to Master Credit Agreement dated as of March 13, 2018. Any terms not defined herein shall have the meanings assigned to them in the Master Agreement.

Healthcare Services Group, Inc. – CREDIT AGREEMENT by and Among (December 31st, 2018)

THIS CREDIT AGREEMENT (as hereafter amended, the "Agreement") is dated as of December 21, 2018 and is made by and among HEALTHCARE SERVICES GROUP, INC., a Pennsylvania corporation (the "Parent"), HCSG STAFF LEASING SOLUTIONS, LLC, a Pennsylvania limited liability company ("Staff Leasing Solutions"), HCSG LABOR SUPPLY, LLC, a Pennsylvania limited liability company ("Labor Supply"), HCSG EAST, LLC, a New Jersey limited liability company ("East"), HCSG CENTRAL, LLC, a New Jersey limited liability company ("Central"), HCSG CLINICAL SERVICES, LLC, a New Jersey limited liability company ("Clinical Services"), HCSG WEST, LLC, a New Jersey limited liability company ("West"), HCSG EAST LABOR SUPPLY, LLC, a New Jersey limited liability company ("East Labor Supply"; together with the Parent, Staff Leasing Solutions, Labor Supply, East, Central, Clinical Services, West and each other Borrower joined hereto from time to time, each a "Borrower" and collectively, the "Borrowers"), each of the GUARANT

Equitrans Midstream Corp – U.S. $600,000,000 CREDIT AGREEMENT Dated as of December 31, 2018 Among EQUITRANS MIDSTREAM CORPORATION, as Borrower, THE LENDERS PARTY HERETO, and GOLDMAN SACHS BANK USA, as Administrative Agent, PNC BANK, NATIONAL ASSOCIATION, as Collateral Agent GOLDMAN SACHS BANK USA, BARCLAYS BANK PLC, CITIGROUP GLOBAL MARKETS, INC., and GUGGENHEIM SECURITIES, LLC, as Joint Lead Arrangers and Joint Bookrunners (December 31st, 2018)

CREDIT AGREEMENT dated as of December 31, 2018 (this Agreement), among EQUITRANS MIDSTREAM CORPORATION, a corporation organized under the laws of Pennsylvania (the Borrower), the LENDERS party hereto from time to time, and GOLDMAN SACHS BANK USA, as administrative agent (in such capacity, together with any successor administrative agent appointed pursuant to the provisions of Article VIII, the Administrative Agent), and PNC BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with any successor collateral agent appointed pursuant to the provisions of Article VIII, the Collateral Agent).