First Lien Credit and Guaranty Agreement Sample Contracts

AMENDMENT NO. 6 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • October 1st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec • New York

This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of August 28, 2017 (this “Agreement”), is entered into by and among CORSAIR GROUP (CAYMAN), LP, a Cayman Islands exempted limited partnership acting by its general partner EagleTree-Carbide (GP), LLC, a Cayman Islands limited liability company (“Holdings”), CORSAIR GAMING, INC., a Delaware corporation (“Borrower” or “U.S. Borrower”), CORSAIR ACQUISITION (LUX) S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée), with a registered office at 48, boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg, and registered with the Luxembourg Register of Commerce and Companies under number B216.833 (“Lux Borrower”), CORSAIR HOLDINGS (HONG KONG) LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with U.S. Borrower, Lux Borrower and each other Person that becomes a “Borrower” hereunder, each a “Borrower” and collectively, the “Borrowers”), CORSAIR GROUP (US), LLC, a Delaware

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FIRST LIEN CREDIT AND GUARANTY AGREEMENT Dated as of April 21, 2020 among AIRBNB, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors THE LENDERS PARTY HERETO and CORTLAND CAPITAL MARKET SERVICES LLC, as Administrative...
First Lien Credit and Guaranty Agreement • November 16th, 2020 • Airbnb, Inc. • Services-to dwellings & other buildings • New York

This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 21, 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 CORTLAND CAPITAL MARKET SERVICES LLC (“Cortland”), 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”).

SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • August 9th, 2006 • Gentek Inc • Motor vehicle parts & accessories • New York

THIS SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of July __, 2006 (the “Amendment”) is entered into among GENTEK HOLDING, LLC, a Delaware limited liability company (the “Borrower”), GENTEK INC., a Delaware corporation (“Holdings”), certain Subsidiaries of the Borrower, as Guarantors, the Lenders party hereto, Bank of America, N.A. (“BOFA”), as Collateral Agent and Co-Administrative Agent and General Electric Capital Corporation, as Co-Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • September 21st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec • New York

AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 27, 2018 (this “Amendment”), by and among EAGLETREE-CARBIDE HOLDINGS (CAYMAN), LP, a Cayman Islands exempted limited partnership (“Holdings”), EAGLETREE-CARBIDE ACQUISITION CORP., a Delaware corporation (the “U.S. Borrower”), EAGLETREE-CARBIDE ACQUISITION S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée) with registered office at 48, Boulevard Grande-Duchesse Charlotte, L - 1330 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Commerce and Companies register under number B216.833 (the “Lux Borrower”), EAGLETREE-CARBIDE HONG KONG LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with the U.S. Borrower and the Lux Borrower, collectively, the “Borrowers”), EAGLETREE-CARBIDE HOLDINGS (US), LLC, a Delaware limited liability company (“LLC Subsidiary”), CERTAIN SUBSIDIARIES OF HOLDINGS PARTY HERETO, as Guarantors, MACQUA

FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • March 16th, 2005 • Gentek Inc • Motor vehicle parts & accessories • New York
FORBEARANCE AGREEMENT AND CONSENT, WAIVER AND AMENDMENT NO. 1 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • August 25th, 2008 • X Rite Inc • Photographic equipment & supplies • New York

FORBEARANCE AGREEMENT AND CONSENT, WAIVER AND AMENDMENT NO. 1 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of August 20, 2008 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation (the “Company”), OTP, INCORPORATED, a Michigan corporation (“OTP”), MONACO ACQUISITION COMPANY, a Michigan corporation (“Monaco”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), X-RITE MA, INCORPORATED, a Michigan corporation (“X-Rite MA”), HOLOVISION ACQUISITION COMPANY, a Michigan corporation (“Holovision”). XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE, INC., a Delaware corporation (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE INDIA, INC., a Delaware corporation (“Pantone India”), PA

FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of July 3, 2013 among AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC, as Borrower, CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS LENDING PARTNERS LLC, DEUTSCHE BANK...
First Lien Credit and Guaranty Agreement • July 8th, 2013 • American Casino & Entertainment Properties LLC • Hotels & motels • New York

This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of July 3, 2013, is entered into by and among AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC, a Delaware limited liability company (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“Goldman Sachs”) and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as Co-Syndication Agents (in such capacity, “Syndication Agents”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”) and as Documentation Agent (in such capacity, “Documentation Agent”), and Goldman Sachs and DBSI, as Joint Lead Arrangers (in such capacity, “Arrangers”) and Joint Bookrunners.

FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 among AZ CHEM US INC., as U.S. Borrower, PROSERPINA 1073 AB (under change of name to ARIZONA CHEM SWEDEN AB), as European Borrower, PROSERPINA 1072 AB (under change of name to...
First Lien Credit and Guaranty Agreement • April 12th, 2010 • Arizona Chemical Ltd. • New York

This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of February 28, 2007, is entered into by and among AZ CHEM US INC., a Delaware corporation (“U.S. Borrower”), PROSERPINA 1073 AB (under change of name to ARIZONA CHEM SWEDEN AB), a limited liability company organized under the laws of Sweden (“European Borrower”, and, together with U.S. Borrower, the “Borrowers”), PROSERPINA 1072 AB (under change of name to ARIZONA CHEM SWEDEN HOLDINGS AB), a limited liability company organized under the laws of Sweden (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”), 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 BANK OF AMERICA, N.A. “BANA”), as Documentation Agent (in such

AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of June 30, 2006 among X-RITE, INCORPORATED, as Borrower CERTAIN SUBSIDIARIES OF X-RITE, INCORPORATED, as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS CREDIT PARTNERS L.P., as Lead...
First Lien Credit and Guaranty Agreement • August 10th, 2006 • X Rite Inc • Photographic equipment & supplies • New York

This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of June 30, 2006, is entered into by and among X-RITE, INCORPORATED, a Michigan corporation (“Borrower” or “Company”), CERTAIN SUBSIDIARIES OF COMPANY, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Lead Arranger, Bookrunner and Administrative Agent (in such capacity, together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (in such capacity, together with its permitted successor in such capacity, “Collateral Agent”) and MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. (in such capacity, “Syndication Agent”).

AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of March 8, 2007 as amended and restated as of May 20, 2008 among MOVIE GALLERY, INC., CERTAIN SUBSIDIARIES OF MOVIE GALLERY, INC. as Guarantors, VARIOUS LENDERS and WILMINGTON...
First Lien Credit and Guaranty Agreement • May 28th, 2008 • Movie Gallery Inc • Services-video tape rental • New York

This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 8, 2007, as amended and restated as of May 20, 2008, is entered into by and among MOVIE GALLERY, INC., a Delaware corporation (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, WILMINGTON TRUST COMPANY (“Wilmington”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DBTCA”) as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • February 27th, 2014 • American Casino & Entertainment Properties LLC • Hotels & motels • New York

This JOINDER, dated as of [•], 2014 (this “Joinder”), by and among ______________________ (the “Additional Term Lender”), American Casino & Entertainment Properties LLC, a Delaware limited liability company (the “Borrower”), certain subsidiaries of the Borrower as Guarantors (the “Guarantors”), and Deutsche Bank AG New York Branch (the “Administrative Agent”).

AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of March 16, 2007 among DTN, INC., as Borrower DTN HOLDING COMPANY, INC., DTN, LLC, DTN INFORMATION SERVICES LLC, DTN HOLDCO CORPORATION, and CERTAIN SUBSIDIARIES OF DTN HOLDCO...
First Lien Credit and Guaranty Agreement • March 18th, 2009 • Telvent Git S A • Services-business services, nec • New York

This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 16, 2007, is entered into by and among DTN, INC. (formerly known as DATA TRANSMISSION NETWORK CORPORATION), a Delaware corporation (“Company”), DTN HOLDING COMPANY, INC., a Delaware corporation (as successor in interest to DTN HOLDING COMPANY, LLC, a Delaware limited liability company) (together with its permitted successors, “Holdings”), DTN HOLDCO CORPORATION (formerly known as DTN CORPORATION), a Delaware corporation (“DTN Corporation”), DTN, LLC, a Delaware limited liability company (“DTN LLC”), DTN INFORMATION SERVICES LLC, a Delaware limited liability company (“DTN Information” and, together with DTN Corporation and DTN LLC, together with their permitted successors, the “Holdcos”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Lead Arranger, Sole Bookrunner and Sole Syndication Agent (in such capacitie

AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT
First Lien Credit and Guaranty Agreement • May 13th, 2010 • X Rite Inc • Photographic equipment & supplies • New York

AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of December 17, 2009 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X- Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE LLC, a Delaware limited liability company, formerly known as Pantone, Inc., a Delaware corporation (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the other

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