Credit and Guaranty Agreement Sample Contracts

THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • February 12th, 2008 • Pacific Energy Resources LTD • New York
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CREDIT AND GUARANTY AGREEMENT dated as of October 17, 2017 by and among TERRAFORM POWER OPERATING, LLC, as Borrower, TERRAFORM POWER, LLC, as a Guarantor, CERTAIN SUBSIDIARIES OF TERRAFORM POWER OPERATING, LLC, as Guarantors, VARIOUS LENDERS AND...
Credit and Guaranty Agreement • October 17th, 2017 • TerraForm Power, Inc. • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of October 17, 2017, is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower”), TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders and Issuing Banks party hereto from time to time, HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), HSBC BANK CANADA, BANK OF MONTREAL, BANK OF NOVA SCOTIA, NATIXIS SECURITIES AMERICAS LLC, RBC CAPITAL MARKETS and SUMITOMO MITSUI BANKING CORPORATION, as Joint Lead Arrangers (in such capacity, “Arrangers”) and Joint Bookrunners.

CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT THAT IS MARKED BY [***] HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • February 6th, 2023 • Spirit Airlines, Inc. • Air transportation, scheduled • New York

CREDIT AND GUARANTY AGREEMENT, dated as of March 30, 2020 among SPIRIT AIRLINES, INC., a Delaware corporation (“the “Borrower”), the direct and indirect Domestic Subsidiaries of the Borrower from time to time party hereto, each of the several banks and other financial institutions or entities from time to time party hereto (the “Lenders”), CITIBANK, N.A. (“Citibank”), as administrative agent for the Lenders (together with its permitted successors in such capacity, the “Administrative Agent”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of October 1, 2019 among AVIDXCHANGE HOLDINGS, INC. AVIDXCHANGE, INC., AVIDXCHANGE FINANCIAL SERVICES, INC., PIRACLE, INC., STRONGROOM SOLUTIONS, INC., ARIETT BUSINESS SOLUTIONS, INC., AFV HOLDINGS ONE, INC., BTS...
Credit and Guaranty Agreement • October 4th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of October 1, 2019, is entered into by and among AVIDXCHANGE HOLDINGS, INC., a Delaware corporation (“Holdings”), AVIDXCHANGE, INC., a Delaware corporation (“Parent”), AVIDXCHANGE FINANCIAL SERVICES, INC., a Delaware corporation (“AFS”), PIRACLE, INC., a Utah corporation (“Piracle”), STRONGROOM SOLUTIONS, INC., a Texas corporation (“Strongroom”), ARIETT BUSINESS SOLUTIONS, INC., a Massachusetts corporation (“Ariett”), AFV HOLDINGS ONE, INC., a North Carolina corporation (“AFV”), BTS ALLIANCE, LLC, a Delaware limited liability company (“BankTEL”), AFV HOLDINGS II, LLC, a North Carolina limited liability company (“AFV II”), and CORE ASSOCIATES, LLC, a Delaware limited liability company (“CORE”), OAK HC/FT FPP BLOCKER CORP., a Delaware corporation (“OAK”), AO HOLDING CO., a Delaware corporation (“AO Holding”), FP SERVICES INC., a Delaware corporation (“FP Services”), FASTPAY PAYMENT TECHNOLOGIES, INC., a Delaware corporation (“FastPay”), FPP EN

CREDIT AND GUARANTY AGREEMENT dated as of July 9, 2015 among HAMILTON LANE ADVISORS, L.L.C., CERTAIN SUBSIDIARIES OF HAMILTON LANE ADVISORS, L.L.C., as Guarantors, VARIOUS LENDERS and MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent and...
Credit and Guaranty Agreement • February 1st, 2017 • Hamilton Lane INC • Investment advice • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of July 9, 2015, is entered into by and among HAMILTON LANE ADVISORS, L.L.C., a Pennsylvania limited liability company (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

ABL CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021, among PETIQ HOLDINGS, LLC, PETIQ, LLC, CERTAIN SUBSIDIARIES OF PETIQ HOLDINGS, LLC, as Guarantor Subsidiaries, THE LENDERS PARTY HERETO and KEYBANK NATIONAL ASSOCIATION, as Administrative...
Credit and Guaranty Agreement • February 29th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York

ABL CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021, among PETIQ HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), PETIQ, LLC, an Idaho limited liability company (the “Borrower”), CERTAIN SUBSIDIARIES OF HOLDINGS party hereto, as Guarantor Subsidiaries, the LENDERS party hereto and KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as Administrative Agent and Collateral Agent.

EXHIBIT 4.31 REVOLVING CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • March 15th, 2004 • Danielson Holding Corp • Fire, marine & casualty insurance • New York
SECOND AMENDMENT TO CREDIT AGREEMENT
Credit and Guaranty Agreement • September 1st, 2016 • PVH Corp. /De/ • Men's & boys' furnishgs, work clothg, & allied garments • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of March 21, 2014, is entered into by and among PVH CORP., a Delaware corporation (the “U.S. Borrower”), PVH B.V. (formerly known as Tommy Hilfiger B.V.), a Dutch private limited liability company with its corporate seat in Amsterdam, The Netherlands (the “European Borrower” and, together with the U.S. Borrower, the “Borrowers”), CERTAIN SUBSIDIARIES OF THE U.S. BORROWER, as Guarantors, the Lenders party hereto from time to time, and BARCLAYS BANK PLC (“Barclays”), as Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, the “Collateral Agent”), with MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED (“MLPFS”) and CITIGROUP GLOBAL MARKETS INC. (“CGMICITIBANK, N.A.(“Citi”), as Co-Syndication Agents (together with their permitted successors in such capacity, the “Co-Syndication Agents”), an

CREDIT AND GUARANTY AGREEMENT dated as of January 18, 2024 by and among ARTIVION, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTY HERETO, as Guarantor Subsidiaries, The Lenders From Time to Time Party Hereto, and ARES...
Credit and Guaranty Agreement • January 18th, 2024 • Artivion, Inc. • Surgical & medical instruments & apparatus • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of January 18, 2024 (this “Agreement”), is entered into by and among ARTIVION, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower from time to time party hereto, as Guarantor Subsidiaries, the Lenders from time to time party hereto and ARES CAPITAL CORPORATION, as administrative agent (together with its permitted successors in such capacity, the “Administrative Agent”) and as collateral agent (together with its permitted successors in such capacity, the “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of April 6, 2018 among FUBOTV INC., as Borrower, CERTAIN SUBSIDIARIES OF FUBOTV INC., as Guarantors, LENDERS PARTY HERETO FROM TIME TO TIME, and AMC NETWORKS VENTURES LLC, as Administrative Agent and Collateral...
Credit and Guaranty Agreement • October 1st, 2020 • fuboTV Inc. /FL • Services-motion picture & video tape production • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of April 6, 2018, is entered into by and among FUBOTV INC., a Delaware corporation (“Borrower”) and the Subsidiaries of Borrower party hereto from time to time, as Guarantors, the Lenders party hereto from time to time, AMC Networks Ventures LLC (“AMC”), as Administrative Agent (in such capacity, together with its successors and assigns in such capacity, “Administrative Agent”) and Collateral Agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”).

AMENDMENT NO. 3, dated as of February 25, 2020 (this “Amendment”), among (i) Ithacalux S.à r.l., a private limited liability company (société à responsabilité limitée) incorporated and governed under the laws of Luxembourg, having its registered...
Credit and Guaranty Agreement • October 18th, 2021 • Informatica Inc. • Services-prepackaged software • New York

AMENDED CREDIT AND GUARANTY AGREEMENT, dated as of August 6February 25, 20152020 , among Ithacalux S.à r.l., a private limited liability company (société à responsabilité limitée) incorporated and governed under the laws of Luxembourg, having its registered office at 488 route de Longwy, L-1940 Luxembourg and registered with the Luxembourg Trade and Companies’ Register (Registre de Commerce et des Sociétés de Luxembourg) under the number B 196.262 (“Holdings”), Informatica LLC, a Delaware limited liability company (the “CompanyBorrower ”), the Subsidiary Guarantors, (this and each other capitalized term used herein without definition having the meaning assigned to such term in Section 1.1) from time to time party hereto, Guernsey Holdco, the several banks, financial institutions, institutional investors and other entities from time to time parties to this Agreement as lenders or holders of the Loans and issuers of Letters of Credit, and Bank of AmericaNomura Corporate Funding Americas,

AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of December 31, 2014 among DOUGLAS DYNAMICS, L.L.C. as Borrower DOUGLAS DYNAMICS, INC., DOUGLAS DYNAMICS FINANCE COMPANY, FISHER, LLC, TRYNEX INTERNATIONAL LLC and DDIZ ACQUISITION, INC....
Credit and Guaranty Agreement • January 6th, 2015 • Douglas Dynamics, Inc • Construction machinery & equip • New York

AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of December 31, 2014 (the “Agreement”), by and among Douglas Dynamics, Inc., a Delaware corporation (“Holdings”), Douglas Dynamics, L.L.C., a Delaware limited liability company and a direct wholly-owned Subsidiary of Holdings (the “Company” or the “Borrower”), Fisher, LLC, a Delaware limited liability company (“Fisher”), Douglas Dynamics Finance Company, a Delaware corporation (“DD Finance”), Trynex International LLC, a Delaware limited liability company formerly known as Acquisition Tango LLC (“Trynex”), DDIZ Acquisition, Inc., a Delaware corporation (which on the Restatement Effective Date shall be merged (the “Merger”) with and into Henderson Enterprises Group, Inc., with Henderson Enterprises Group, Inc. as the surviving entity) (“Henderson,” and together with Trynex, DD Finance, Fisher and Holdings, each a “Guarantor” and collectively the “Guarantors”) the banks and financial institutions listed on the signature pages he

EXECUTION VERSION REVOLVING SECURED CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • October 23rd, 2002 • Sl Green Realty Corp • Real estate investment trusts
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • November 6th, 2023 • PLBY Group, Inc. • Retail-miscellaneous retail • New York

AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of November 2, 2023 (this “Agreement”), by and among each of the Lenders party to the Credit Agreement (each as defined in the Credit Agreement, as defined below), the Borrower (as defined below), each Guarantor (as defined in the Credit Agreement, as defined below) as of the date hereof, and DBD Credit Funding LLC (“Fortress”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”), and Fortress, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and, collectively, the “Agents”).

PART 2 AMENDMENTS TO EXISTING CREDIT AGREEMENT
Credit and Guaranty Agreement • August 4th, 2023 • Ventas, Inc. • Real estate investment trusts • New York

This THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of January 29, 2021 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (“Parent Borrower”), VENTAS SSL ONTARIO II, INC., an Ontario corporation (“Ventas SSL II”), VENTAS SSL ONTARIO III, INC., an Ontario corporation (“Ventas SSL III”), VENTAS CANADA FINANCE LIMITED, a Nova Scotia limited company (“Ventas Canada Finance Limited”), VENTAS UK FINANCE, INC., a Delaware corporation (“Ventas UK Finance”), VENTAS EURO FINANCE, LLC, a Delaware limited liability company (“Ventas Euro Finance”), and each of the entities from time to time executing a Borrower Joinder Agreement (together with the Parent Borrower, Ventas SSL II, Ventas SSL III, Ventas Canada Finance Limited, Ventas UK Finance and Ventas Euro Finance, the “Borrowers” and each individually a “Borrower”), VENTAS, INC., a Delaware corpor

FIRST AMENDMENT TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • November 16th, 2020 • Airbnb, Inc. • Services-to dwellings & other buildings • New York

This SECOND LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 6, 2020 (this “Agreement”), is entered into by and among AIRBNB, INC., a Delaware corporation (the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, and TOP IV TALENTS, LLC (“TOP IV Talents”), as administrative agent (together with its permitted successors in such capacity, the “Administrative Agent”), and as collateral agent (together with its permitted successors in such capacity, the “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT Dated as of September 6, 2023 among VENTAS REALTY, LIMITED PARTNERSHIP, as Borrower, VENTAS, INC., as Guarantor, THE LENDERS PARTY HERETO FROM TIME TO TIME, BANK OF AMERICA, N.A., as Administrative Agent, BofA SECURITIES,...
Credit and Guaranty Agreement • September 12th, 2023 • Ventas, Inc. • Real estate investment trusts • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of September 6, 2023 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (“Ventas Realty” or the “Borrower”), VENTAS, INC., a Delaware corporation (“Ventas”), as guarantor, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., as Administrative Agent.

Contract
Credit and Guaranty Agreement • March 16th, 2023 • Dana Inc • Motor vehicle parts & accessories • New York

AMENDMENT NO. 6 TO CREDIT AND GUARANTY AGREEMENT dated as of March 14, 2023 (this “Amendment”) among Dana Incorporated, a Delaware corporation (“Dana”), Dana International Luxembourg S.à r.l., a private limited liability company (société à responsabilité limitée) incorporated under the laws of the Grand Duchy of Luxembourg, with registered office at 1, rue Hildegard von Bingen, L-1282 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés, Luxembourg) under number B124210 (“DIL” and collectively with Dana, the “Borrowers”), the guarantors listed on the signature pages hereto (the “Guarantors” and “Grantors”), Citibank, N.A., as administrative agent and collateral agent (in such capacities, respectively, the “Administrative Agent” and “Collateral Agent”) and the other Lenders and Issuing Banks party hereto.

AMENDMENT NO. 7 TO THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • November 1st, 2013 • Valeant Pharmaceuticals International, Inc. • Pharmaceutical preparations • New York

This THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of February 13, 2012, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the federal laws of Canadathe Province of British Columbia (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), J.P. MORGAN SECURITIES LLC (“J.P. Morgan”) and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Joint Lead Arrangers and Joint Bookrunners, JPMORGAN CHASE BANK, N.A. and Morgan Stanley as Co-Syndication Agents (in such capacity, the “Co-Syndication Agents”), JPMorgan Chase Bank, N.A., as Issuing Bank, GSLP, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), and RBC CAPITAL MARKETS, DNB BANK ASA, THE BANK OF NOVA SCOTIA

SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • December 19th, 2022 • CareTrust REIT, Inc. • Real estate investment trusts • New York

THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT AMENDS AND RESTATES THAT CERTAIN CREDIT AND GUARANTY AGREEMENT DATED AUGUST 5, 2015, AS AMENDED AND RESTATED BY THAT CERTAIN AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT DATED FEBRUARY 8, 2019, AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT DATED AS OF JULY 23, 2019 (AS AMENDED, THE "EXISTING CREDIT AGREEMENT"), ENTERED INTO BETWEEN CTR PARTNERSHIP, L.P., AS BORROWER, CARETRUST REIT, INC., AS REIT GUARANTOR, THE OTHER GUARANTORS PARTY THERETO, KEYBANK NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, KEYBANC CAPITAL MARKETS, RAYMOND JAMES BANK, N.A. AND BMO CAPITAL MARKETS, AS JOINT LEAD ARRANGERS AND BOOK MANAGERS, RAYMOND JAMES BANK, N.A. AND BMO CAPITAL MARKETS, AS CO-SYNDICATION AGENTS, BARCLAYS BANK PLC AND RBC CAPITAL MARKETS, AS CO-DOCUMENTATION AGENTS, AND THE VARIOUS LENDERS PARTY THERETO

AMONG
Credit and Guaranty Agreement • October 14th, 2003 • International Steel Group Inc • Steel works, blast furnaces & rolling & finishing mills • New York
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AMONG AUTOCAM CORPORATION AUTOCAM FRANCE, SARL, AS BORROWERS
Credit and Guaranty Agreement • September 23rd, 2004 • Autocam International LTD • Motor vehicle parts & accessories
CREDIT AND GUARANTY AGREEMENT dated as of June 1, 2018 among COVIA HOLDINGS CORPORATION, as Borrower, CERTAIN SUBSIDIARIES OF COVIA HOLDINGS CORPORATION, as Guarantors, VARIOUS LENDERS, BARCLAYS BANK PLC and BNP PARIBAS SECURITIES CORP., as Joint Lead...
Credit and Guaranty Agreement • June 6th, 2018 • Covia Holdings Corp • Mining & quarrying of nonmetallic minerals (no fuels) • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of June 1, 2018, is entered into by and among COVIA HOLDINGS CORPORATION (formerly known as Unimin Corporation), a Delaware corporation (the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, the Lenders party hereto from time to time, BARCLAYS BANK PLC (“Barclays”), as Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, the “Collateral Agent”), ABN AMRO CAPITAL USA LLC (“ABN AMRO”), HSBC BANK USA, NATIONAL ASSOCIATION (“HSBC”), KBC BANK N.V. (“KBC”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as Co-Syndication Agents (together with their permitted successors in such capacity, the “Co-Syndication Agents”), KEYBANK NATIONAL ASSOCIATION (“Keybank”) and WELLS FARGO BANK, N.A. (“Wells”), as Co-Documentation Agents (together with their permitted successors in such capacity, the “Co-Documentation A

EXHIBIT 10.13 CREDIT AND GUARANTY AGREEMENT DATED AS OF JUNE 4, 2004
Credit and Guaranty Agreement • September 15th, 2004 • MAAX Holding Co.
CREDIT AND GUARANTY AGREEMENT dated as of December 22, 2016 among DIGITALGLOBE, INC., The GUARANTORS Referred to Herein The LENDERS Referred to Herein and BARCLAYS BANK PLC, as Administrative Agent, Collateral Agent, an Issuing Bank and Swing Line Lender
Credit and Guaranty Agreement • December 23rd, 2016 • Digitalglobe, Inc. • Communications services, nec • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of December 22, 2016, is entered into by and among DIGITALGLOBE, INC., a Delaware corporation (“Borrower”), the GUARANTORS from time to time party hereto, the Lenders from time to time party hereto, and BARCLAYS BANK PLC, as administrative agent (together with its permitted successors in such capacity, “Administrative Agent”) and as collateral agent (together with its permitted successor in such capacity, “Collateral Agent”).

THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • April 29th, 2014 • Tronox LTD • Industrial inorganic chemicals • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, originally dated as of February 8, 2012, as amended from time to time prior to the Second Amendment Effective Date (as defined below) and as amended and restated as of March 19, 2013 is entered into by and among TRONOX PIGMENTS (NETHERLANDS) B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under Dutch law, having its corporate seat (statutaire zetel) in Amsterdam, The Netherlands and having its registered office address at Naritaweg 165, Telestone 8, (1043BW), Amsterdam, The Netherlands, registered with the trade register of the chamber of commerce in Amsterdam, The Netherlands under number 34132341 (the “Borrower”), TRONOX LIMITED (ACN 153 348 111), an Australian public limited company incorporated in the Commonwealth of Australia (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS BANK USA (“Goldman

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit and Guaranty Agreement • March 3rd, 2023 • Sculptor Capital Management, Inc. • Investment advice • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of September 25, 2020, is entered into by and among SCULPTOR CAPITAL LP, a Delaware limited partnership (“Sculptor Capital” or “Borrower”), as borrower, SCULPTOR CAPITAL ADVISORS LP, a Delaware limited partnership (“Advisors”), as a Guarantor, SCULPTOR CAPITAL ADVISORS II LP, a Delaware limited partnership (“Advisors II”), as a Guarantor, CERTAIN OTHER GUARANTORS PARTY HERETO FROM TIME TO TIME, the Lenders party hereto from time to time and DELAWARE LIFE INSURANCE COMPANY, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”).

FOURTH AMENDMENT TO THE CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • October 5th, 2023 • Priority Technology Holdings, Inc. • Services-business services, nec • New York

FOURTH AMENDMENT TO THE CREDIT AND GUARANTY AGREEMENT, dated as of October 2, 2023 (this “Fourth Amendment”), among PRIORITY HOLDINGS, LLC, a Delaware limited liability company (the “Initial Borrower” or the “Borrower Representative”), the other Credit Parties party hereto, the 2023-1 Incremental Term Lender (as defined below), and TRUIST BANK, as Administrative Agent and Collateral Agent under the Credit Agreement (as defined below) (in such capacity, the “Agent”). All capitalized terms used herein (including in this preamble) and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement.

AMENDMENT NO. 4 TO THE SECOND AMENDED AND RESTATED REVOLVING CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • May 5th, 2020 • Cit Group Inc • National commercial banks • New York

This SECOND AMENDED AND RESTATED REVOLVING CREDIT AND GUARANTY AGREEMENT, dated as of February 17, 2016, as amended as of March 9, 2020, is entered into by and among CIT GROUP INC., a Delaware corporation (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, or any successor thereto pursuant to the terms hereof, “Administrative Agent”) and L/C Issuer.

NINTH AMENDMENT TO CREDIT AGREEMENT
Credit and Guaranty Agreement • September 14th, 2021 • ModivCare Inc • Transportation services • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT is entered into as of August 2, 2013 among THE PROVIDENCE SERVICE CORPORATION, a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.

EXECUTION AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT DATED AS OF MAY 25, 2007 AND EFFECTIVE AS OF MAY 31, 2007
Credit and Guaranty Agreement • May 25th, 2007 • 3com Corp • Computer communications equipment • New York
CREDIT AND GUARANTY AGREEMENT dated as of May 26, 2011 among XERIUM TECHNOLOGIES, INC. and XERIUM TECHNOLOGIES LIMITED, as Borrowers, CERTAIN SUBSIDIARIES OF THE BORROWERS, as Guarantors, VARIOUS BANKS, CITIBANK, N.A., as Administrative Agent and...
Credit and Guaranty Agreement • June 2nd, 2011 • Xerium Technologies Inc • Broadwoven fabric mills, man made fiber & silk • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of May 26, 2011, is entered into by and among XERIUM TECHNOLOGIES, INC., a Delaware corporation (“Xerium”), and XERIUM TECHNOLOGIES LIMITED, a private limited company organized under the laws of England and Wales (the “Euro Borrower”, and together with Xerium, each individually, a “Borrower” and, collectively, the “Borrowers”), CERTAIN SUBSIDIARIES OF THE BORROWERS, as Guarantors, the Banks party hereto from time to time, CITIGROUP GLOBAL MARKETS INC., as Joint Lead Arranger and Joint Bookrunner, JEFFERIES FINANCE LLC, as Joint Lead Arranger and Joint Bookrunner and as Syndication Agent, CITIBANK, N.A., as Administrative Agent (together with its permitted successors, in such capacity, “Administrative Agent”) and CITICORP NORTH AMERICA, INC., as Collateral Agent (together with its permitted successors, in such capacity, “Collateral Agent”).

AMENDMENT NO. 1
Credit and Guaranty Agreement • June 26th, 2023 • Black Knight, Inc. • Services-prepackaged software • New York

Reference is made to that certain Credit and Guaranty Agreement, dated as of May 27, 2015 (the “Original Closing Date”) (as amended and restated by that certain Amended and Restated Credit and Guaranty Agreement, dated as of April 30, 2018 (the “First Restatement Date”), as amended by that certain First Amendment to Amended and Restated Credit and Guaranty Agreement, dated as of August 7, 2020, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time immediately prior to the date hereof, the “Original Credit Agreement”), by and among the Borrower, Holdings, the subsidiaries of the Borrower from time to time party thereto, the lenders from time to time party thereto and JPMCB (as defined below), as administrative agent.

CREDIT AND GUARANTY AGREEMENT dated as of December 13, 2023 among VERITONE, INC. as Borrower, and CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, VARIOUS LENDERS, WILMINGTON SAVINGS FUND SOCIETY, FSB, as Administrative Agent and Collateral Agent...
Credit and Guaranty Agreement • December 14th, 2023 • Veritone, Inc. • Services-computer processing & data preparation • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of December 13, 2023, is entered into by and among Veritone, Inc., a Delaware corporation (“Company”), as borrower and certain of its Subsidiaries, as Guarantors, the Lenders party hereto from time to time, and Wilmington Savings Fund Society, FSB (“WSFS”), as administrative agent for the Lenders (in such capacity, “Administrative Agent”) and collateral agent for the Secured Parties (in such capacity, “Collateral Agent”).

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