First Lien Credit Agreement Sample Contracts

Foundation Building Materials, Inc. – This Is the Abl Intercreditor Agreement Referred to in the Specified Collateral Documents, the Abl Credit Agreement, the First Lien Credit Agreement (Each as Defined Herein) and the Other Security Documents Referred to in Such Credit Agreements. (August 17th, 2018)
Singer Madeline Holdings, Inc. – First Amendment to Third Amended and Restated First Lien Credit Agreement (August 8th, 2018)

This THIRD AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT (this "Agreement") is entered into as of July 1, 2016 and amended on August 7, 2018, among SEQUENTIAL BRANDS GROUP, INC., a Delaware corporation (the "Borrower"), the Guarantors; each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"); and

Jason Industries, Inc. – First Lien Credit Agreement (August 2nd, 2018)
Quinpario Acquisition Corp. 2 – First Amendment to First Lien Credit Agreement (July 17th, 2018)

This AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT, dated as of July 13, 2018 (this Agreement), is made by and among EXELA INTERMEDIATE HOLDINGS LLC, a Delaware limited liability company and a Wholly Owned Subsidiary (as hereinafter defined) of Parent (as hereinafter defined) (Holdings), EXELA INTERMEDIATE LLC, a Delaware limited liability company and a Wholly Owned Subsidiary of Holdings (the Borrower), the Lenders (as hereinafter defined) from time to time party hereto, ROYAL BANK OF CANADA, as administrative agent (in such capacity, the Administrative Agent) and as collateral agent (in such capacity, the Collateral Agent) for the Lenders, with RBC CAPITAL MARKETS(1), CREDIT SUISSE SECURITIES (USA) LLC, NATIXIS, NEW YORK BRANCH and KKR CAPITAL MARKETS LLC, as joint lead arrangers and joint bookrunners (in such capacities, each, a Joint Lead Arranger and together, the Joint Lead Arrangers).

Focus Financial Partners Inc. – Amendment No. 4 to First Lien Credit Agreement (June 29th, 2018)

WHEREAS, pursuant to the Securities Purchase Agreement, dated as of April 12, 2017 (the Acquisition Agreement), by and among the Borrower, the Investor and the equityholders representative named therein, the Investor and the other Initial Investors will directly or indirectly acquire certain newly issued and existing units of the Borrower as described in the Acquisition Agreement;

FIRST LIEN CREDIT AGREEMENT Dated as of June 25, 2018 Among ALERIS INTERNATIONAL, INC., as the Borrower, ALERIS CORPORATION, as Holdings, DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent, and the Lenders Party Hereto DEUTSCHE BANK SECURITIES INC., CREDIT SUISSE LOAN FUNDING LLC, BARCLAYS CAPITAL INC., J.P. MORGAN SECURITIES LLC and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as Joint Lead Arrangers, and Joint Bookrunners CITIGROUP GLOBAL MARKETS INC., KEYBANC CAPITAL MARKETS INC., PNC CAPITAL MARKETS LLC, SUNTRUST ROBINSON HUMPHREY, INC. And THE HUNTINGTON (June 29th, 2018)

This FIRST LIEN CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this Agreement) is entered into as of June 25, 2018, among ALERIS INTERNATIONAL, INC., a Delaware corporation (the Borrower), ALERIS CORPORATION, a Delaware corporation (Holdings), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender) and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and as Collateral Agent.

EVO Payments, Inc. – Restatement Agreement to First Lien Credit Agreement (June 14th, 2018)

THIS AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT (this Agreement) is made and entered into as of June 14, 2018, by and among EVO PAYMENTS INTERNATIONAL, LLC, a Delaware limited liability company (EVO or the Borrower), each Subsidiary joined hereto as a Designated Borrower from time to time, the Guarantors (defined herein), the Lenders (defined herein), the Administrative Agent and the Issuing Bank.

BrightView Holdings, Inc. – Incremental Amendment and Amendment No. 4 First Lien Credit Agreement (June 11th, 2018)

INCREMENTAL AMENDMENT AND AMENDMENT NO. 4 TO THE FIRST LIEN CREDIT AGREEMENT, dated as of June 8, 2018 (this Agreement), by and among the JPMorgan Chase Bank N.A. (the First Lien Incremental Revolving Lender), BrightView Holdings, Inc., a Delaware corporation (Holdings, formerly known as BrightView Acquisition Holdings, Inc., a successor to Garden Acquisition Holdings, Inc.), BrightView Landscapes, LLC, a Delaware limited liability company (the Borrower, a successor to Garden Merger Sub, LLC) and Morgan Stanley Senior Funding, Inc., as administrative agent for the Lenders (the Administrative Agent) under the First Lien Credit Agreement, dated as of December 18, 2013 (as amended, restated or otherwise modified from time to time, the Credit Agreement) among inter alios Holdings, the Borrower, the Administrative Agent and the Lenders party thereto.

GMS Inc. – Third Amendment to First Lien Credit Agreement (June 4th, 2018)

This FIRST LIEN CREDIT AGREEMENT (this Agreement) is entered into as of April 1, 2014, among GYP HOLDINGS III CORP., a Delaware corporation (the Borrower), GYP HOLDINGS II CORP., a Delaware corporation (Holdings), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), CREDIT SUISSE AG, as Administrative Agent and as Collateral Agent.

BrightView Holdings, Inc. – This GRANT OF SECURITY INTEREST IN TRADEMARK RIGHTS (This Agreement), Dated as of December 18, 2013, Is Made by the Brickman Group Ltd. LLC, a Delaware Limited Liability Company (The Grantor), in Favor of Morgan Stanley Senior Funding, Inc., as Collateral Agent (In Such Capacity, the Agent) for the Several Banks and Other Financial Institutions (The Lenders) From Time to Time Parties to the First Lien Credit Agreement, Dated as of December 18, 2013 (As Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the Credit Agreement), Among Garden Acquisition Holdings, Inc., a Dela (May 30th, 2018)
BrightView Holdings, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of December 18, 2013 Among GARDEN ACQUISITION HOLDINGS, INC., as Holdings, GARDEN MERGER SUB, LLC, as the Initial Borrower, the Several Lenders From Time to Time Parties Hereto, MORGAN STANLEY SENIOR FUNDING, INC., as the Administrative Agent, the Collateral Agent, the Swingline Lender and a Lender, MORGAN STANLEY BANK N.A., as the Letter of Credit Issuer, And (May 30th, 2018)
BrightView Holdings, Inc. – Amendment No. 3 to First Lien Credit Agreement (May 30th, 2018)
BrightView Holdings, Inc. – Amendment No. 2 to First Lien Credit Agreement (May 30th, 2018)
BrightView Holdings, Inc. – Amendment to First Lien Credit Agreement (May 30th, 2018)
Focus Financial Partners Inc. – Amendment No. 2 to First Lien Credit Agreement (May 24th, 2018)

AMENDMENT NO. 2 under the First Lien Credit Agreement referred to below, dated as of March 2, 2018 (this Amendment), among FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (together with its successors and assigns, the Borrower) and the Term Administrative Agent (as defined below).

Focus Financial Partners Inc. – AMENDMENT NO. 1 TO FIRST LIEN CREDIT AGREEMENT Dated as Of (May 24th, 2018)

This AMENDMENT NO. 1 TO FIRST LIEN CREDIT AGREEMENT, dated as of January 17, 2018 (this Amendment), among FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (the Borrower), ROYAL BANK OF CANADA, as term administrative agent and collateral agent (in such capacities, the Term Administrative Agent) under the Credit Agreement referred to below, each Repricing Participating Lender (as defined below) party hereto and the Fronting Bank (as defined below).

Focus Financial Partners Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of July 3, 2017 Among FOCUS FINANCIAL PARTNERS, LLC, as the Borrower, the Several Lenders From Time to Time Parties Hereto, ROYAL BANK OF CANADA, as the Term Administrative Agent, the Collateral Agent and a Lender, BANK OF AMERICA, N.A., as Revolver Administrative Agent, the Swingline Lender and a Letter of Credit Issuer and RBC CAPITAL MARKETS, and SUNTRUST ROBINSON HUMPHREY, INC., BMO CAPITAL MARKETS CORP., FIFTH THIRD BANK, as Joint Lead Arrangers and Bookrunners and BANK OF AMERICA, N.A., as a Revolving Credit Facility Joint Lead Arranger and Bookrunner (May 24th, 2018)

WHEREAS, pursuant to the Securities Purchase Agreement, dated as of April 12, 2017 (the Acquisition Agreement), by and among the Borrower, the Investor and the equityholders representative named therein, the Investor and the other Initial Investors will directly or indirectly acquire certain newly issued and existing units of the Borrower as described in the Acquisition Agreement;

Focus Financial Partners Inc. – AMENDMENT NO. 3 TO FIRST LIEN CREDIT AGREEMENT Dated as Of (May 24th, 2018)
Sanchez Energy Corporation – First Amendment to First Lien Credit Agreement (May 15th, 2018)

This FIRST AMENDMENT TO FIRST LIEN CREDIT AGREEMENT (this Amendment) dated as of May 11, 2018, is among SN EF UNSUB, LP, a Delaware limited partnership (the Borrower), the Lenders party hereto and JPMorgan Chase Bank, N.A., as Administrative Agent.

The Keyw Holding Corp. – FIRST LIEN CREDIT AGREEMENT Dated as of May 8, 2018 Among THE KEYW CORPORATION, as the Borrower, (May 8th, 2018)

This FIRST LIEN CREDIT AGREEMENT (this "Agreement") is entered into as of May 8, 2018, among THE KEYW CORPORATION, a Maryland corporation (the "Borrower") and a wholly-owned subsidiary of THE KEYW HOLDING CORPORATION, a Maryland corporation ("Parent"), Parent, each lender from time to time party hereto (collectively, the "Lenders" and individually, each a "Lender") and ROYAL BANK OF CANADA, as Swingline Lender, L/C Issuer and Administrative Agent.

EVO Payments, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of December 22, 2016 Among EVO PAYMENTS INTERNATIONAL, LLC, as the Borrower THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors THE LENDERS FROM TIME TO TIME PARTY HERETO, SUNTRUST BANK, as Administrative Agent, Swingline Lender and Issuing Bank and CITIBANK, N.A. And REGIONS BANK as Co-Syndication Agents SUNTRUST ROBINSON HUMPHREY, INC., CITIGROUP GLOBAL MARKETS INC., REGIONS CAPITAL MARKETS, FIFTH THIRD BANK and PNC CAPITAL MARKETS, LLC as Joint Lead Arrangers and Joint Bookrunners FIFTH THIRD BANK and PNC BANK, NATIONAL ASSOCIATION, as (May 7th, 2018)

THIS FIRST LIEN CREDIT AGREEMENT (this Agreement) is made and entered into as of December 22, 2016, by and among EVO PAYMENTS INTERNATIONAL, LLC, a Delaware limited liability company (EVO or the Borrower), each Subsidiary joined hereto as a Designated Borrower from time to time, the Guarantors (defined herein), the Lenders (defined herein), and SUNTRUST BANK, in its capacities as the Administrative Agent, the Issuing Bank and the Swingline Lender.

Jason Industries, Inc. – First Lien Credit Agreement (May 3rd, 2018)

This FIRST LIEN CREDIT AGREEMENT is entered into as of June 30, 2014, among JASON INCORPORATED, a Wisconsin corporation (the "Company" and the "Borrower"), the Guarantors party hereto from time to time, THE BANK OF NEW YORK MELLON (as successor to DEUTSCHE BANK AG NEW YORK BRANCH), as Administrative Agent, each lender from time to time party hereto (collectively, the "Lenders" and, individually, a "Lender"), DEUTSCHE BANK AG NEW YORK BRANCH, as L/C Issuer, and DEUTSCHE BANK AG NEW YORK BRANCH, as Swing Line Lender.

Focus Financial Partners Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of July 3, 2017 Among FOCUS FINANCIAL PARTNERS, LLC, as the Borrower, the Several Lenders From Time to Time Parties Hereto, ROYAL BANK OF CANADA, as the Term Administrative Agent, the Collateral Agent and a Lender, BANK OF AMERICA, N.A., as Revolver Administrative Agent, the Swingline Lender and a Letter of Credit Issuer and RBC CAPITAL MARKETS, and SUNTRUST ROBINSON HUMPHREY, INC., BMO CAPITAL MARKETS CORP., FIFTH THIRD BANK, as Joint Lead Arrangers and Bookrunners and BANK OF AMERICA, N.A., as a Revolving Credit Facility Joint Lead Arranger and Bookrunner (April 20th, 2018)

WHEREAS, pursuant to the Securities Purchase Agreement, dated as of April 12, 2017 (the Acquisition Agreement), by and among the Borrower, the Investor and the equityholders representative named therein, the Investor and the other Initial Investors will directly or indirectly acquire certain newly issued and existing units of the Borrower as described in the Acquisition Agreement;

Focus Financial Partners Inc. – AMENDMENT NO. 1 TO FIRST LIEN CREDIT AGREEMENT Dated as Of (April 20th, 2018)

This AMENDMENT NO. 1 TO FIRST LIEN CREDIT AGREEMENT, dated as of January 17, 2018 (this Amendment), among FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (the Borrower), ROYAL BANK OF CANADA, as term administrative agent and collateral agent (in such capacities, the Term Administrative Agent) under the Credit Agreement referred to below, each Repricing Participating Lender (as defined below) party hereto and the Fronting Bank (as defined below).

Focus Financial Partners Inc. – AMENDMENT NO. 3 TO FIRST LIEN CREDIT AGREEMENT Dated as Of (April 20th, 2018)
Focus Financial Partners Inc. – Amendment No. 2 to First Lien Credit Agreement (April 20th, 2018)

AMENDMENT NO. 2 under the First Lien Credit Agreement referred to below, dated as of March 2, 2018 (this Amendment), among FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (together with its successors and assigns, the Borrower) and the Term Administrative Agent (as defined below).

BrightView Holdings, Inc. – Amendment to First Lien Credit Agreement (April 2nd, 2018)
BrightView Holdings, Inc. – This GRANT OF SECURITY INTEREST IN TRADEMARK RIGHTS (This Agreement), Dated as of December 18, 2013, Is Made by the Brickman Group Ltd. LLC, a Delaware Limited Liability Company (The Grantor), in Favor of Morgan Stanley Senior Funding, Inc., as Collateral Agent (In Such Capacity, the Agent) for the Several Banks and Other Financial Institutions (The Lenders) From Time to Time Parties to the First Lien Credit Agreement, Dated as of December 18, 2013 (As Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the Credit Agreement), Among Garden Acquisition Holdings, Inc., a Dela (April 2nd, 2018)
BrightView Holdings, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of December 18, 2013 Among GARDEN ACQUISITION HOLDINGS, INC., as Holdings, GARDEN MERGER SUB, LLC, as the Initial Borrower, the Several Lenders From Time to Time Parties Hereto, MORGAN STANLEY SENIOR FUNDING, INC., as the Administrative Agent, the Collateral Agent, the Swingline Lender and a Lender, MORGAN STANLEY BANK N.A., as the Letter of Credit Issuer, And (April 2nd, 2018)
BrightView Holdings, Inc. – Amendment No. 2 to First Lien Credit Agreement (April 2nd, 2018)
BrightView Holdings, Inc. – Amendment No. 3 to First Lien Credit Agreement (April 2nd, 2018)
Us Lbm Holdings, Inc. – Fifth Amendment to First Lien Credit Agreement (March 22nd, 2018)

FIFTH AMENDMENT (this Fifth Amendment), dated as of February 15, 2018 among LBM BORROWER, LLC, a Delaware limited liability company (the Borrower), LBM MIDCO, LLC, a Delaware limited liability company (Holding), the Lenders party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the Administrative Agent) and as Collateral Agent (in such capacity, the Collateral Agent).

Turning Point Brands, Inc. – Amended and Restated First Lien Credit Agreement (March 8th, 2018)

This Amended and Restated First Lien Credit Agreement is entered into as of March 7, 2018, by and among Turning Point Brands, Inc., a Delaware corporation (the "Borrower"), the direct and indirect Subsidiaries of the Borrower from time to time party to this Agreement, as Guarantors, the various institutions from time to time party to this Agreement, as Lenders, Fifth Third Bank, an Ohio banking corporation, as Administrative Agent and L/C Issuer, Capital One, National Association, a national banking association, as Syndication Agent, and Regions Bank, as Documentation Agent.

Jason Industries, Inc. – First Amendment to First Lien Credit Agreement (March 1st, 2018)

FIRST AMENDMENT TO FIRST LIEN CREDIT AGREEMENT (this "First Amendment"), dated as of February 1, 2018, among JASON INCORPORATED, a Wisconsin corporation (the "Borrower"), the Guarantors party hereto, and DEUTSCHE BANK AG NEW YORK BRANCH ("DBNY"), as administrative agent under the Credit Agreement referred to below (in such capacity, the "Administrative Agent"), as an L/C Issuer and as Swing Line Lender. Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.

Atkore International Group Inc. – EXECUTION VERSION INCREASE SUPPLEMENT INCREASE SUPPLEMENT, Dated as of February 2, 2018 (The "Increase Supplement"), to the Amended and Restated First Lien Credit Agreement, Dated as of December 22, 2016 (As Amended by the First Amendment to Amended and Restated First Lien Credit Agreement, Dated as of February 2, 2018, and as Further Amended, Supplemented, Waived or Otherwise Modified From Time to Time, the "Credit Agreement"), Among ATKORE INTERNATIONAL, INC., a Delaware Corporation (The "Borrower"), the Several Banks and Other Financial Institutions From Time to Time Parties Thereto (The "L (February 5th, 2018)