First Lien Credit Agreement Sample Contracts

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.

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)
AP Gaming Holdco, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of June 6, 2017, Among AP GAMING HOLDINGS, LLC, as Holdings, AP GAMING I, LLC, as Borrower, THE LENDERS PARTY HERETO, JEFFERIES FINANCE LLC, as Administrative Agent, JEFFERIES FINANCE LLC, and MACQUARIE CAPITAL (USA) INC., as Joint Lead Arrangers and Joint Bookrunners, APOLLO GLOBAL SECURITIES, LLC, as Co-Manager (December 19th, 2017)

FIRST LIEN CREDIT AGREEMENT, dated as of June 6, 2017 (this Agreement), among AP GAMING HOLDINGS, LLC, a Delaware limited liability company (Holdings), AP GAMING I, LLC, a Delaware limited liability company (the Borrower), the LENDERS party hereto from time to time, and JEFFERIES FINANCE LLC, as Administrative Agent (in such capacity, the Administrative Agent) for the Lenders and Collateral Agent for the Secured Parties.

Gores Holdings, Inc. – Third Amended and Restated First Lien Credit Agreement (November 20th, 2017)

THIRD AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT, dated as of November 20, 2017 (this "Agreement"), among HB HOLDINGS, LLC, a Delaware limited liability company ("Holdings"), HOSTESS BRANDS, LLC, a Delaware limited liability company (the "Borrower"), the LENDERS party hereto from time to time, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the "Administrative Agent") for the Lenders.

FIRST LIEN CREDIT AGREEMENT Dated as of October 20, 2017, Among GOLDEN ENTERTAINMENT, INC., as Borrower, THE SUBSIDIARIES OF BORROWER PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, THE L/C LENDERS PARTY HERETO, JPMORGAN CHASE BANK, N.A., as Administrative Agent and as Collateral Agent, and JPMORGAN CHASE BANK, N.A., CREDIT SUISSE SECURITIES (USA) LLC, MACQUARIE CAPITAL (USA) INC. And MORGAN STANLEY SENIOR FUNDING, INC., as Lead Arrangers and Bookrunners (October 23rd, 2017)

FIRST LIEN CREDIT AGREEMENT, dated as of October 20, 2017 (this Agreement), among GOLDEN ENTERTAINMENT, INC., a Minnesota corporation (Borrower); the SUBSIDIARY GUARANTORS party hereto from time to time; the LENDERS from time to time party hereto; the L/C LENDERS party hereto; JPMORGAN CHASE BANK, N.A., as swingline lender (in such capacity, together with its successors in such capacity, Swingline Lender); JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, together with its successors in such capacity, Administrative Agent); and JPMORGAN CHASE BANK, N.A., as collateral agent (in such capacity, together with its successors in such capacity, Collateral Agent).

AP Gaming Holdco, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of June 6, 2017, Among AP GAMING HOLDINGS, LLC, as Holdings, AP GAMING I, LLC, as Borrower, THE LENDERS PARTY HERETO, JEFFERIES FINANCE LLC, as Administrative Agent, JEFFERIES FINANCE LLC, and MACQUARIE CAPITAL (USA) INC., as Joint Lead Arrangers and Joint Bookrunners, APOLLO GLOBAL SECURITIES, LLC, as Co-Manager (October 16th, 2017)

FIRST LIEN CREDIT AGREEMENT, dated as of June 6, 2017 (this Agreement), among AP GAMING HOLDINGS, LLC, a Delaware limited liability company (Holdings), AP GAMING I, LLC, a Delaware limited liability company (the Borrower), the LENDERS party hereto from time to time, and JEFFERIES FINANCE LLC, as Administrative Agent (in such capacity, the Administrative Agent) for the Lenders and Collateral Agent for the Secured Parties.

EWT Holdings I Corp. – FIRST LIEN CREDIT AGREEMENT Dated as of January 15, 2014 Among WTG HOLDINGS III CORP. As the Borrower, WTG HOLDINGS II CORP. As Holdings, CREDIT SUISSE AG as Administrative Agent and Collateral Agent CREDIT SUISSE AG MORGAN STANLEY BANK, N. A. ROYAL BANK OF CANADA UBS AG, STAMFORD BRANCH GOLDMAN SACHS BANK USA as L/C Issuers the Other Lenders Party Hereto, CREDIT SUISSE SECURITIES (USA) LLC MORGAN STANLEY SENIOR FUNDING, INC. RBC CAPITAL MARKETS(1) UBS SECURITIES LLC GOLDMAN SACHS BANK USA as Joint Lead Arrangers and Joint Bookrunners, MORGAN STANLEY SENIOR FUNDING, INC. As Syndication Agent, (October 11th, 2017)

This FIRST LIEN CREDIT AGREEMENT (this Agreement) is entered into as of January 15, 2014, among WTG HOLDINGS III CORP., a Delaware corporation (the Borrower), WTG 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, and CREDIT SUISSE AG, MORGAN STANLEY BANK, N.A., ROYAL BANK OF CANADA, UBS AG, STAMFORD BRANCH and GOLDMAN SACHS BANK USA, as L/C Issuers.

Vici Properties Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of October 6, 2017, Among VICI PROPERTIES 1 LLC, as the Borrower, THE LENDERS PARTY HERETO, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent, (October 11th, 2017)

FIRST LIEN CREDIT AGREEMENT, dated as of October 6, 2017 (this Agreement), among VICI Properties 1 LLC, a Delaware limited liability company (the Borrower), the Lenders party hereto from time to time and Wilmington Trust, National Association, as administrative agent and collateral agent for the Lenders.

Vici Properties Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of [ ], Among VICI PROPERTIES 1 LLC, as the Borrower, THE LENDERS PARTY HERETO, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent, (September 28th, 2017)

FIRST LIEN CREDIT AGREEMENT, dated as of [ ] (this Agreement), among VICI Properties 1 LLC, a Delaware limited liability company (the Borrower), the Lenders party hereto from time to time and Wilmington Trust, National Association, as administrative agent and collateral agent for the Lenders.

Us Lbm Holdings, Inc. – Fourth Amendment to First Lien Credit Agreement (August 30th, 2017)

FOURTH AMENDMENT (this Fourth Amendment), dated as of August 14, 2017 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).

heckmann – FIRST LIEN CREDIT AGREEMENT by and Among ACF FINCO I LP, as Administrative Agent, THE LENDERS THAT ARE PARTIES HERETO as the Lenders, and NUVERRA ENVIRONMENTAL SOLUTIONS, INC. As Borrower Dated as of August 7, 2017 (August 11th, 2017)

THIS FIRST LIEN CREDIT AGREEMENT (this Agreement), is entered into as of August 7, 2017, 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), ACF FINCO I LP, an entity managed by Ares Management, L.P., as administrative agent for each member of the Lender Group (in such capacity, together with its successors and assigns in such capacity, Agent), and NUVERRA ENVIRONMENTAL SOLUTIONS, INC., a Delaware corporation (Borrower).

National Vision Holdings, Inc. – FIRST LIEN CREDIT AGREEMENT Dated as of March 13, 2014 Among NAUTILUS ACQUISITION HOLDINGS, INC., as Holdings, NAUTILUS MERGER SUB, INC., as the Initial Borrower, VISION HOLDINGS CORP., as the Surviving Borrower NATIONAL VISION, INC., as the Borrower the Several Lenders From Time to Time Parties Hereto, GOLDMAN SACHS BANK USA, 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 GOLDMAN SACHS BANK USA, MORGAN STANLEY SENIOR FUNDING, INC., CITIGROUP GLOBAL MARKETS INC., MIZUHO BANK, LTD., KKR CAPITAL (July 17th, 2017)

WHEREAS, pursuant to that certain Agreement and Plan of Merger, dated as of February 6, 2014 (the "Acquisition Agreement"), by and among Holdings, MergerSub, the Company and BSR LLC, Holdings will acquire the Company through an acquisition transaction pursuant to the Acquisition Agreement whereby MergerSub will merge (the "Merger") with and into the Company, with the Company surviving the Merger;