INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 1Incremental Assumption Agreement • February 14th, 2023 • Westrock Coffee Co • Beverages • New York
CREDIT AGREEMENT, dated as of August 29, 2022, and amended as of February 14, 2023 (this “Agreement”), among Westrock Beverage Solutions, LLC, a Delaware limited liability company (f/k/a Westrock Coffee Company, LLC, a Delaware limited liability company) (the “Borrower”), Westrock Coffee Company, a Delaware corporation (f/k/a Westrock Coffee Holdings, LLC, a Delaware limited liability company) (“Holdings”), Wells Fargo Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”), as collateral agent (in such capacity, the “Collateral Agent”) and as Swingline Lender (as defined below), Wells Fargo Securities, LLC, as sustainability structuring agent (in such capacity, the “Sustainability Structuring Agent”), and each Issuing Bank and Lender (each as defined below) party hereto from time to time.
INCREMENTAL ASSUMPTION AGREEMENT dated as of September 25, 2012, made by Stamford First Bank, a division of The Bank of New Canaan, as Assuming Lender relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of August 4, 2011, and Amended by...Incremental Assumption Agreement • September 28th, 2012 • Medley Capital Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of September 25, 2012 (this “Assumption Agreement”), by and among MEDLEY CAPITAL CORPORATION (the “Borrower”), MOF I BDC LLC (the “Subsidiary Guarantor”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and Stamford First Bank, a division of The Bank of New Canaan, as assuming lender (the “Assuming Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of August 4, 2011 (as amended by Amendment No.1, dated as of August 31, 2012, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.
ContractIncremental Assumption Agreement • February 28th, 2018 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 2 dated as of February 28, 2018 (this “Agreement”), relating to the CREDIT AGREEMENT dated as of January 31, 2017 (as amended by that certain Incremental Assumption Agreement and Amendment No. 1, dated as of August 17, 2017, and as further amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, with company number 02962659, a limited company organized under the laws of England, TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY UNLIMITED COMPANY, with company number 327184, a company organized under the laws of Ireland, and TEREX AUSTRALIA PTY LTD (ACN 010 671 048), a company organized under the laws of Australia and registered in Queensland, Australia, the Lenders (as defined in Article I of the Credit Agreement), the Issuing Banks (as defined in Article I of the Credit Agreement) and CREDIT SUISSE AG, CAYMAN IS
EX-10.1 3 d773422dex101.htm EX-10.1 EXECUTION VERSION INCREMENTAL ASSUMPTION AGREEMENT NO. 1Incremental Assumption Agreement • May 5th, 2020 • New York
INCREMENTAL ASSUMPTION AGREEMENT NO. 1, dated as of August 14, 2014 (this “Incremental Assumption Agreement No. 1”), to the Credit Agreement, dated March 19, 2014 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”) among MALLINCKRODT PLC, a public limited company incorporated in Ireland with registered number 522227 (the “Parent”), MALLINCKRODT INTERNATIONAL FINANCE S.A., a public limited liability company (société anonyme) incorporated under the laws of the Grand Duchy of Luxembourg (“Luxembourg”), having its registered office at 42-44, Avenue de la Gare, L-1610 Luxembourg, and registered with the Luxembourg Trade and Companies Register (R.C.S. Luxembourg) under number B 172.865 (the “Lux Borrower”), MALLINCKRODT CB LLC, a Delaware limited liability company (the “Co-Borrower” and, together with the Lux Borrower, the “Borrowers”), the LENDERS party thereto from time to time, and DEUTSCHE BANK AG NEW YORK BRANCH,
EX-10.1 2 d256726dex101.htm INCREMENTAL ASSUMPTION AGREEMENT INCREMENTAL ASSUMPTION AGREEMENT dated as of November 10, 2011, among CBRE SERVICES, INC., CBRE GROUP, INC., CERTAIN SUBSIDIARIES OF CBRE SERVICES, INC., THE INCREMENTAL TRANCHE A-1 TERM...Incremental Assumption Agreement • May 5th, 2020 • New York
EX-10.13 5 d226259dex1013.htm EX-10.13 Execution Version INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 4Incremental Assumption Agreement • May 5th, 2020 • New York
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 4 (this “Agreement”) dated as of January 19, 2017 relating to the Credit Agreement dated as of February 2, 2015 (as amended by the Incremental Assumption Agreement and Amendment No. 1, dated May 19, 2015, the Incremental Assumption Agreement and Amendment No. 2, dated February 1, 2016, the Incremental Assumption Agreement and Amendment No. 3, dated May 27, 2016, and as further amended, restated, supplemented, waived or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”, and as amended by this Agreement, the “Amended Credit Agreement”) among PRESIDIO HOLDINGS INC. (“Holdings”), PRESIDIO IS LLC (as successor to Presidio IS Corp.) (“Intermediate Holdings”), PRESIDIO LLC (as successor of Presidio, Inc.) and PRESIDIO NETWORKED SOLUTIONS LLC (as successor of Presidio Networked Solutions, Inc.), as borrowers (collectively, the “Borrowers”), certain subsidiaries of Holdings, as Subsidiary Loan Parties, the Le
EX-10.1 4 d474458dex101.htm EX-10.1 INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • May 5th, 2020 • New York
INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”) dated as of December 7, 2017 relating to the Third Amended and Restated First Lien Credit Agreement dated as of August 21, 2013 (as further amended, restated, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”) among CHASE ACQUISITION I, INC., RBS GLOBAL, INC. (“RBS Global”), REXNORD LLC (“Rexnord” and, together with RBS Global, the “Borrowers”), the Lenders party thereto from time to time, the Issuing Banks party thereto from time to time and CREDIT SUISSE AG, as Administrative Agent (in such capacity, the “Administrative Agent”).
EX-10.1 2 d328548dex101.htm INCREMENTAL ASSUMPTION AGREEMENT EXECUTION COPYIncremental Assumption Agreement • May 5th, 2020 • New York
INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of April 2, 2012, among MOMENTIVE PERFORMANCE MATERIALS HOLDINGS INC., a Delaware corporation (“Holdings”), MOMENTIVE PERFORMANCE MATERIALS INC., a Delaware corporation (“Intermediate Holdings”), MOMENTIVE PERFORMANCE MATERIALS USA INC., a Delaware corporation (the “U.S. Borrower”), MOMENTIVE PERFORMANCE MATERIALS GMBH, a company organized under the laws of Germany (the “German Borrower”; the German Borrower and the U.S. Borrower, each a “Borrower”, and, collectively, the “Borrowers”), the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) under the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 10, 2011, among Holdings, Intermediate Holdings, the Borrowers, the Lenders party thereto from time to time, the Administrative Agent and the arrangers party thereto, as in effect immediately prior to this Agreement (the “Credit Agree
ContractIncremental Assumption Agreement • May 5th, 2020 • New York
EX-10.2 3 psdoex102q2fy18.htm EXHIBIT 10.2 EXECUTION VERSION INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 6 INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 6 (this “Agreement”) dated as of January 5, 2018 relating to the Credit Agreement dated as of February 2, 2015 (as amended by the Incremental Assumption Agreement and Amendment No. 1, dated May 19, 2015, the Incremental Assumption Agreement and Amendment No. 2, dated February 1, 2016, the Incremental Assumption Agreement and Amendment No. 3, dated May 27, 2016, the Incremental Assumption Agreement and Amendment No. 4, dated January 19, 2017 and the Amendment No. 5, dated August 8, 2017, and as further amended, restated, supplemented, waived or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”, and as amended by this Agreement, the “Amended Credit Agreement”) among PRESIDIO HOLDINGS INC. (“Holdings”), PRESIDIO IS LLC (as successor to Presidio IS Corp.) (“Intermediate Holdings”), PRESIDIO L
INCREMENTAL ASSUMPTION AGREEMENT dated as of January 7, 2013, relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011, among FIFTH STREET FINANCE CORP., as Borrower, The Several Lenders and Agents...Incremental Assumption Agreement • February 6th, 2013 • Fifth Street Finance Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of January 7, 2013 (this “Assumption Agreement”), by and among FIFTH STREET FINANCE CORP. (the “Borrower”), FSFC Holdings, Inc. (“FSFC”), Fifth Street Fund of Funds LLC (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”) and as Issuing Bank, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as assuming lender (the “Assuming Lender”) relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (as amended by the Amendment No.1 to the Amended and Restated Senior Secured Revolving Credit Agreement and Amendment No. 2 to the Guarantee, Pledge and Security Agreement dated as of July 8, 2011, that certain Waiver Letter, dated as of August 3, 2011, that certain Amendment No. 2 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of November 29, 2011, that certain Amendment No. 3 to Ame
EX-10.1 2 dex101.htm AMENDMENT NO. 1 TO THE INCREMENTAL ASSUMPTION AGREEMENT EXECUTION VERSIONIncremental Assumption Agreement • May 5th, 2020 • New York
AMENDMENT NO. 1 dated as of August 26, 2011 (this “Amendment”), to the Incremental Assumption Agreement dated as of March 4, 2011 (the “Incremental Agreement”), among CB RICHARD ELLIS SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CB RICHARD ELLIS LIMITED, a limited company organized under the laws of England and Wales (with company no: 3536032) (the “U.K. Borrower”), CB RICHARD ELLIS LIMITED/CB RICHARD ELLIS LIMITÉE, a corporation organized under the laws of the province of New Brunswick (the “Canadian Borrower”), CB RICHARD ELLIS PTY LTD, a company organized under the laws of Australia and registered in New South Wales (the “Australian Borrower”), CB RICHARD ELLIS LIMITED, a company organized under the laws of New Zealand (the “New Zealand Borrower” and, together with the U.S. Borrower, the U.K. Borrower, the Canadian Borrower and the Australian Borrower, the “Borrowers”), CB RICHARD ELLIS GROUP, INC., a Delaware corporation (“Holdings”), the Lenders party hereto and C
50,000,000 INCREMENTAL TERM LOAN FACILITYIncremental Assumption Agreement • September 22nd, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of September 22, 2014, is made by and among AUXILIUM PHARMACEUTICALS, INC. (the “Borrower”), the subsidiaries of the Borrower listed on the signature pages hereto (the “Guarantors”; together with the Borrower, the “Loan Parties”), each of the undersigned banks and other financial institutions party hereto as lenders (in such capacity, the “Incremental Term Loan Lenders”) and MORGAN STANLEY SENIOR FUNDING, INC., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under, and as defined in, the Credit Agreement (as defined below).
INCREMENTAL ASSUMPTION AGREEMENT dated as of April 16, 2018, made by HITACHI CAPITAL AMERICA CORP., as Assuming Lender, relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of August 30, 2016, among CAPITAL SOUTHWEST CORPORATION, as...Incremental Assumption Agreement • April 17th, 2018 • Capital Southwest Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of April 16, 2018 (this “Assumption Agreement”), by and among CAPITAL SOUTHWEST CORPORATION (the “Borrower”), ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), and HITACHI CAPITAL AMERICA CORP. (the “Assuming Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of August 30, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent, the several lenders from time to time party to the Credit Agreement and TEXAS CAPITAL BANK, N.A., as documentation agent.
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • November 14th, 2011 • Ply Gem Holdings Inc • Millwood, veneer, plywood, & structural wood members • New York
This Incremental Assumption Agreement (the “Agreement”) is dated as of the Effective Date set forth below and is entered into by and among Ply Gem Industries, Inc. (the “Specified U.S. Borrower”), UBS AG, Stamford Branch (the “Administrative Agent”) and Royal Bank of Canada (the “Incremental Revolving Credit Lender”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Incremental Revolving Credit Lender.
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • June 15th, 2016 • Computer Sciences Corp • Services-computer integrated systems design • New York
Reference is made to the Term Loan Credit Agreement dated as of March 21, 2016 (the “Credit Agreement”) among Computer Sciences Corporation, a Nevada corporation (the “Company”), the Lenders (as defined in the Credit Agreement) and Bank of America, N.A., as agent for the Lenders (the “Agent”). Terms defined in the Credit Agreement are used herein with the same meaning.
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • April 15th, 2016 • CGG • Oil & gas field exploration services • New York
This INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”) dated as of December 4, 2015 is made by and among CGG Holding (U.S.) Inc. (“CGG US”), Jefferies Finance LLC, as administrative agent (in such capacity, the “Administrative Agent”), and Morgan Stanley Bank International Limited, as Incremental Term Lender (in such capacity, the “Incremental Term Lender”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement (as defined below).
FIRST AMENDMENTIncremental Assumption Agreement • January 27th, 2011 • Realogy Corp • Real estate agents & managers (for others)
FIRST AMENDMENT, dated as of January 26, 2011 (this “First Amendment”), to the Credit Agreement, dated as of April 10, 2007 (as amended, amended and restated, modified or supplemented from time to time, the “Credit Agreement”), among Domus Intermediate Holdings Corp. (“Holdings”), Realogy Corporation (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), JPMorgan Chase Bank, N.A. (“JPMorgan Chase Bank”), as administrative agent (the “Administrative Agent”), and the other agents from time to time party thereto.
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTIncremental Assumption Agreement • August 7th, 2013 • Fifth Street Finance Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of April 15, 2013 (this “Assumption Agreement”), by and among FIFTH STREET FINANCE CORP. (the “Borrower”), FSFC Holdings, Inc. (“FSFC”), Fifth Street Fund of Funds LLC (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as increasing lender (the “Increasing Lender”) relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (as amended by the Amendment No.1 to the Amended and Restated Senior Secured Revolving Credit Agreement and Amendment No. 2 to the Guarantee, Pledge and Security Agreement dated as of July 8, 2011, that certain Waiver Letter, dated as of August 3, 2011, that certain Amendment No. 2 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of November 29, 2011, that certain Amendment No. 3 to Amended and Restated
ContractIncremental Assumption Agreement • March 7th, 2019 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 3 dated as of March 7, 2019 (this “Agreement”), relating to the CREDIT AGREEMENT dated as of January 31, 2017 (as amended by that certain Incremental Assumption Agreement and Amendment No. 1 dated as of August 17, 2017, and that certain Incremental Assumption Agreement and Amendment No. 2 dated as of February 28, 2018, and as further amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, with company number 02962659, a limited company organized under the laws of England, TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY UNLIMITED COMPANY, with company number 327184, a company organized under the laws of Ireland, and TEREX AUSTRALIA PTY LTD (ACN 010 671 048), a company organized under the laws of Australia and registered in Queensland, Australia, the Lenders (as defined in Article I of the Credit Agreement), the
ContractIncremental Assumption Agreement • February 8th, 2017 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags • New York
INCREMENTAL ASSUMPTION AGREEMENT dated as of February 7, 2017 (this “Incremental Assumption Agreement” or “Agreement”), related to the Fourth Amended and Restated Credit Agreement dated as of August 5, 2016 (as amended, supplemented or modified prior to the date hereof, the “Existing Credit Agreement”; and as amended by this Incremental Assumption Agreement, the “Fourth Amended and Restated Credit Agreement”), by and among Reynolds Group Holdings Inc. (“RGHI”), Reynolds Consumer Products Holdings LLC, Pactiv LLC, Evergreen Packaging Inc., Reynolds Consumer Products LLC, Closure Systems International Inc., Graham Packaging Company Inc., Closure Systems International Holdings LLC, Beverage Packaging Holdings (Luxembourg) III S.à r.l., Closure Systems International B.V., Reynolds Group Holdings Limited (“Holdings”), the Guarantors from time to time party thereto, the Lenders from time to time party thereto and Credit Suisse AG, as administrative agent for the Lenders (in such capacity, th
150,000,000 INCREMENTAL REVOLVING FACILITY COMMITMENTS INCREMENTAL ASSUMPTION AGREEMENT Dated as of August 30, 2011 among RAYONIER, INC., RAYONIER TRS HOLDINGS INC., RAYONIER FOREST RESOURCES, L.P., and RAYONIER OPERATING COMPANY LLC as the Borrowers...Incremental Assumption Agreement • October 28th, 2011 • Rayonier Inc • Real estate investment trusts • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of August 30, 2011, is made by and among RAYONIER INC., a North Carolina corporation (“Rayonier”), RAYONIER TRS HOLDINGS INC., a Delaware corporation (“TRS”), RAYONIER FOREST RESOURCES, L.P., a Delaware limited partnership (“RFR”) and RAYONIER OPERATING COMPANY LLC, a Delaware limited liability company (“ROC”; and each of Rayonier, TRS, RFR and ROC being referred to herein individually as a “Borrower”, and collectively as the “Borrowers”), Rayonier, TRS and ROC, each as a Guarantor (as defined in the Guarantee Agreement), the TRS Subsidiary Guarantors, the existing Lenders whose names appear on the signature pages hereto, each as an Increasing Lender (as defined in the Credit Agreement referred to below) (in such capacity, the “Increasing Lenders”), the Persons whose names appear on the signature pages hereto, each as an Assuming Lender (as defined in the Credit Agreement referred to below) (in such capacity, the “Assum
ContractIncremental Assumption Agreement • June 2nd, 2015 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 1 dated as of May 29, 2015 (this “Agreement”), relating to the CREDIT AGREEMENT dated as of August 13, 2014 (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, with company number 02962659, a limited company organized under the laws of England, TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY, with company number 327184, a company organized under the laws of Ireland (the “European Borrower”), and TEREX AUSTRALIA PTY LTD (ACN 010 671 048), a company organized under the laws of Australia and registered in Queensland, Australia, the Lenders (as defined in Article I of the Credit Agreement), the Issuing Banks (as defined in Article I of the Credit Agreement) and CREDIT SUISSE AG, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral
ContractIncremental Assumption Agreement • July 13th, 2021 • Cbre Group, Inc. • Real estate • New York
INCREMENTAL ASSUMPTION AGREEMENT dated as of June 9, 2021 (this “Agreement”), among CBRE SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CBRE LIMITED, a limited company organized under the laws of England and Wales (with company no: 3536032) (the “U.K. Borrower” and, together with the U.S. Borrower, the “Borrowers”), CBRE GROUP, INC., a Delaware corporation (“Holdings”), the INCREMENTAL REVOLVING CREDIT LENDERS party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent.
INCREMENTAL ASSUMPTION AGREEMENT dated as of January 24, 2013, relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011, among FIFTH STREET FINANCE CORP., as Borrower, The Several Lenders and Agents...Incremental Assumption Agreement • February 6th, 2013 • Fifth Street Finance Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of January 24, 2013 (this “Assumption Agreement”), by and among FIFTH STREET FINANCE CORP. (the “Borrower”), FSFC Holdings, Inc. (“FSFC”), Fifth Street Fund of Funds LLC (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and UBS LOAN FINANCE, LLC, as increasing lender (the “Increasing Lender”) relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (as amended by the Amendment No.1 to the Amended and Restated Senior Secured Revolving Credit Agreement and Amendment No. 2 to the Guarantee, Pledge and Security Agreement dated as of July 8, 2011, that certain Waiver Letter, dated as of August 3, 2011, that certain Amendment No. 2 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of November 29, 2011, that certain Amendment No. 3 to Amended and Restated Senior Secur
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • January 23rd, 2017 • Realogy Holdings Corp. • Real estate agents & managers (for others) • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of January 23, 2017 (this “Agreement”), among Realogy Intermediate Holdings LLC (“Holdings”), Realogy Group LLC (the “Borrower”), the financial institutions party hereto (the “Incremental Revolving Facility Lenders”) and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • April 26th, 2013 • Rexnord Corp • General industrial machinery & equipment • New York
INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”) dated as of April 24, 2013 relating to the Second Amended and Restated Credit Agreement dated as of March 15, 2012 as amended pursuant to the Incremental Assumption Agreement dated as of October 4, 2012 (as further amended, restated, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”) among CHASE ACQUISITION I, INC., RBS GLOBAL, INC. (“RBS Global”), REXNORD LLC (“Rexnord” and, together with RBS Global, the “Borrowers”), the Lenders party thereto from time to time and CREDIT SUISSE AG, as Administrative Agent (in such capacity, the “Administrative Agent”).
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • November 14th, 2011 • Ply Gem Holdings Inc • Millwood, veneer, plywood, & structural wood members • New York
This Incremental Assumption Agreement (the “Agreement”) is dated as of the Effective Date set forth below and is entered into by and among Ply Gem Industries, Inc. (the “Specified U.S. Borrower”), UBS AG, Stamford Branch (the “Administrative Agent”) and Credit Suisse AG, Cayman Islands Branch (the “Incremental Revolving Credit Lender”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Incremental Revolving Credit Lender.
INCREMENTAL ASSUMPTION AGREEMENT Dated as of December 17, 2019, among BERRY GLOBAL GROUP, INC., BERRY GLOBAL, INC. and CERTAIN SUBSIDIARIES OF BERRY GLOBAL, INC. as Loan Parties, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative AgentIncremental Assumption Agreement • January 31st, 2020 • Berry Global Group, Inc. • Plastics products, nec • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of December 17, 2019, is among BERRY GLOBAL, INC. (formerly known as Berry Plastics Corporation), a Delaware corporation (the “Borrower”), BERRY GLOBAL GROUP, INC. (formerly known as Berry Plastics Group, Inc.), a Delaware corporation (“Holdings”), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the “Loan Parties”), Goldman Sachs Bank USA, as an Incremental Term Lender (as defined in the Credit Agreement referred to below) with respect to the Term Y Loans (in such capacity, the “Initial Term Y Lender”) and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement.
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 1Incremental Assumption Agreement • November 22nd, 2016 • Presidio, Inc. • New York
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 1 (this “Agreement”) dated as of May 19, 2015 relating to the Credit Agreement dated as of February 2, 2015 (as amended, restated, supplemented, waived or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”) among PRESIDIO HOLDINGS INC. (“Holdings”), PRESIDIO IS CORP. (“Intermediate Holdings”), PRESIDIO, INC. and PRESIDIO NETWORKED SOLUTIONS, INC., as borrowers (collectively, the “Borrowers”), certain subsidiaries of Holdings, as Subsidiary Loan Parties, the Lenders party thereto from time to time and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) for the Lenders.
TERM B INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • February 27th, 2015 • Norwegian Cruise Line Holdings Ltd. • Water transportation • New York
TERM B INCREMENTAL ASSUMPTION AGREEMENT, dated as of November 19, 2014 (this “Agreement”), by and among JPMORGAN CHASE BANK, N.A., as the Term B Lender (the “Term B Lender”), NCL CORPORATION LTD., a Bermuda company (the “Company”) and Voyager Vessel Company, LLC, a Delaware limited liability company (the “Co-Borrower” and, together with the company, the “Borrowers”) and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the “Administrative Agent”).
1,125,000,000 INCREMENTAL TERM LOANS INCREMENTAL ASSUMPTION AGREEMENT Dated as of January 6, 2014 among BERRY PLASTICS GROUP, INC., BERRY PLASTICS CORPORATION and CERTAIN SUBSIDIARIES OF BERRY PLASTICS CORPORATION as Loan Parties, CREDIT SUISSE AG,...Incremental Assumption Agreement • January 31st, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of January 6, 2014, is among BERRY PLASTICS CORPORATION, a Delaware corporation (the “Borrower”), BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the “Loan Parties”), Credit Suisse AG, Cayman Islands Branch, as an Incremental Term Lender (as defined in the Credit Agreement referred to below) (in such capacity, the “Incremental Term Lender”), and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement.
INCREMENTAL ASSUMPTION AGREEMENT dated as of March 30, 2012, made by ONEWEST BANK, FSB, as Assuming Lender relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of August 4, 2011, among MEDLEY CAPITAL CORPORATION, as Borrower, The Several...Incremental Assumption Agreement • April 4th, 2012 • Medley Capital Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of March 30, 2012 (this “Assumption Agreement”), by and among MEDLEY CAPITAL CORPORATION (the “Borrower”), MOF I BDC LLC (the “Subsidiary Guarantor”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and ONEWEST BANK, FSB, as assuming lender (the “Assuming Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of August 4, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.
INCREMENTAL ASSUMPTION AGREEMENTIncremental Assumption Agreement • January 26th, 2016 • Ferro Corp • Paints, varnishes, lacquers, enamels & allied prods • New York
This INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of January 25, 2016, by and among Ferro Corporation, an Ohio corporation (the “Company”), the lenders party hereto (the “Incremental Lenders”), PNC Bank, National Association, as administrative agent for the Lenders (in such capacity, together with its successors and permitted assigns, the “Administrative Agent”), as collateral agent for the Secured Parties (in such capacity, together with its successors and permitted assigns, the “Collateral Agent” or, as Administrative Agent or Collateral Agent, “Agent”) and as an Issuer, and JPMorgan Chase Bank, N.A., as an Issuer.
INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 4 TO TERM LOAN AGREEMENTIncremental Assumption Agreement • October 18th, 2021 • Carnival PLC • Water transportation • New York
This INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 4 (this “Amendment”), dated as of October 18, 2021, by and among Carnival Corporation, a Panamanian corporation (the “Lead Borrower”), Carnival Finance, LLC, a Delaware limited liability company (the “Co-Borrower” and, together with the Lead Borrower, the “Borrowers”), Carnival plc, a company incorporated under the laws of England and Wales (“Carnival plc”), the Subsidiary Guarantors party hereto (together with Carnival plc, the “Guarantors”), JPMorgan Chase Bank, N.A., as Administrative Agent (the “Administrative Agent”), and each of the Lenders party hereto.
INCREMENTAL ASSUMPTION AGREEMENT dated as of March 19, 2020, made byIncremental Assumption Agreement • March 19th, 2020 • Capital Southwest Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of March 19, 2020 (this “Assumption Agreement”), by and among CAPITAL SOUTHWEST CORPORATION (the “Borrower”), ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”) and as Issuing Bank (in such capacity, the “Issuing Bank”), and Hancock Whitney bank (the “Assuming Lender”), relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of December 21, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent, the several lenders from time to time party to the Credit Agreement and TEXAS CAPITAL BANK, N.A., as documentation agent.
