Revolving Credit and Term Loan Agreement Sample Contracts

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FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT AND AMENDMENT TO OTHER LOAN DOCUMENTS
Revolving Credit and Term Loan Agreement • July 27th, 2023 • Strategic Education, Inc. • Services-educational services • Virginia

THIS SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (as amended, modified or supplemented from time to time, this “Agreement”) is made and entered into as of November 8, 20122, by and among STRATEGIC EDUCATION, INC., a Maryland corporation, formerly known as Strayer Education, Inc., a Maryland corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and TRUIST BANK, successor by merger to SunTrust Bank, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).

RECITALS:
Revolving Credit and Term Loan Agreement • November 12th, 2003 • Phoenix Footwear Group Inc • Footwear, (no rubber) • New York
REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • March 7th, 2011 • Mam Software Group, Inc. • Services-prepackaged software

AGREEMENT (this “Agreement”) is made and entered into as of the 21st day of December, 2007, by and between COMVEST CAPITAL, LLC , a Delaware limited liability company (the “ Lender ”), and AFTERSOFT GROUP, INC. , a Delaware corporation (the “ Borrower ”).

REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of JANUARY 10, 2023 among XHR LP The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent BANK OF AMERICA, N.A., KEYBANK NATIONAL ASSOCIATION PNC BANK, NATIONAL ASSOCIATION and...
Revolving Credit and Term Loan Agreement • January 11th, 2023 • Xenia Hotels & Resorts, Inc. • Hotels & motels • New York

Exhibit C-1 — Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships for U.S. Federal Income Tax Purposes)

REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of February 24, 2012 among EXACTECH, INC. as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO HSBC BANK, as Documentation Agent, COMPASS BANK, as Syndication Agent and SUNTRUST BANK, as...
Revolving Credit and Term Loan Agreement • February 28th, 2012 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida

THIS REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of February 24, 2012, by and among EXACTECH, INC., a Florida corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).

AMENDMENT NO. 1 TO Second Amended and Restated Revolving Credit and Term Loan Agreement
Revolving Credit and Term Loan Agreement • November 1st, 2022 • Waste Connections, Inc. • Refuse systems • New York

This AMENDMENT NO. 1 TO Second Amended and Restated Revolving Credit and Term Loan Agreement (this “Amendment”) is made and entered into as of October 31, 2022, among WASTE CONNECTIONS, INC., an Ontario corporation (the “Borrower”), each lender and letter of credit issuer party hereto (collectively, the “Approving Lenders” and individually, each an “Approving Lender”), BANK OF AMERICA, N.A., ACTING THROUGH ITS CANADA BRANCH, as the global agent, the Swing Line Lender and an L/C Issuer (in its capacity as the global agent, the “Global Agent”), and BANK OF AMERICA, N.A., as the U.S. agent and an L/C Issuer (in its capacity as the U.S. agent, the “U.S. Agent” and collectively with the Global Agent, the “Agents”).

SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • August 19th, 2009 • Emmis Communications Corp • Radio broadcasting stations

This AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Credit Agreement”) is made as of November 2, 2006 by and among (a) EMMIS OPERATING COMPANY (the “Borrower”), an Indiana corporation having its principal place of business at One Emmis Plaza, 40 Monument Circle, Suite 700, Indianapolis, Indiana 46204, (b) EMMIS COMMUNICATIONS CORPORATION (the “Parent”), an Indiana corporation having its principal place of business at One Emmis Plaza, 40 Monument Circle, Suite 700, Indianapolis, Indiana 46204, (c) the lending institutions listed on Schedule 1 (together with any institution that becomes a lender pursuant to §15 or §17, the “Lenders”), (d) BANK OF AMERICA, N.A. as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), (e) DEUTSCHE BANK TRUST COMPANY AMERICAS, as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and (f) GENERAL ELECTRIC CAPITAL CORPORATION, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,

THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • May 14th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties

THIS THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of March 31, 2003 (the “Amendment”), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as administrative agent and collateral agent for the Lenders under the Agreement referenced below (“Agent”), the Lenders party thereto, and GARDENBURGER, INC., an Oregon corporation (“Borrower”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).

FIRST AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • July 7th, 2022 • Archaea Energy Inc. • Gas & other services combined • Texas

This Revolving Credit and Term Loan Agreement (“Agreement”) is made as of the 15th day of September, 2021, by and among the financial institutions from time to time signatory hereto (individually a “Lender,” and any and all such financial institutions collectively the “Lenders”), Comerica Bank, as the Administrative Agent for the Lenders (in such capacity, the “Agent”), Joint Lead Arranger and Sole Bookrunner, Citizens Bank, N.A., as Joint Lead Arranger, Bank of Montreal, Chicago Branch, JPMorgan Chase Bank, N.A., M&T Incorporated and Citibank, N.A. as Co-Syndication Agents, and Archaea Energy Operating LLC, a Delaware limited liability company, formerly known as LFG Buyer Co, LLC (“Archaea Buyer” and together with each other Person that from time to time becomes a borrower hereunder, the “Borrowers” and each, individually, a “Borrower”).

1 Exhibit 10.40 AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of January 30, 1998
Revolving Credit and Term Loan Agreement • May 1st, 1998 • Filenes Basement Corp • Retail-family clothing stores
First Accordion Increase To Amended And Restated Revolving Credit and Term Loan Agreement
Revolving Credit and Term Loan Agreement • July 17th, 2007 • Centerline Holding Co • Real estate • New York

This FIRST ACCORDION INCREASE TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Accordion Exercise”) is entered into as of June 29, 2007, among: Centerline Holding Company (f/k/a CharterMac), Centerline Capital Group Inc. (f/k/a Charter Mac Corporation) (collectively, the “Borrowers”); those Persons listed as Guarantors on Exhibit 1 hereto (each, a “Guarantor,” and, collectively, the “Guarantors”), Bank of America, N.A. (“Bank of America”), as Swingline Lender, Issuing Bank, and Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), Bank of America and UBS Securities LLC (“UBS”), as the Agents, and Banc of America Securities, LLC and UBS, as the Arrangers.

THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT Dated as of July 29, 2011 among GENESEE & WYOMING INC. and RP ACQUISITION COMPANY TWO, as Domestic Borrowers QUEBEC GATINEAU RAILWAY INC., as Canadian Borrower ROTTERDAM RAIL FEEDING...
Revolving Credit and Term Loan Agreement • August 2nd, 2011 • Genesee & Wyoming Inc • Railroads, line-haul operating

This THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Credit Agreement”) is made as of July 29, 2011 by and among (a) GENESEE & WYOMING INC., a Delaware corporation (“GWI”) and RP ACQUISITION COMPANY TWO, a Delaware corporation (“RP” and, together with GWI, collectively, the “Domestic Borrowers”), (b) QUEBEC GATINEAU RAILWAY INC., a corporation constituted under the laws of Quebec, Canada (the “Canadian Borrower”), (c) GENESEE & WYOMING AUSTRALIA PTY LTD (ACN 079 444 296), a proprietary limited company incorporated under the laws of Australia (the “Australian Borrower”), (d) ROTTERDAM RAIL FEEDING B.V., a private limited liability company constituted under the laws of the Netherlands (the “European Borrower”), (e) the Subsidiaries of GWI listed on Schedule I hereto and any other Person which may become a guarantor of the Obligations in accordance with §9.14 (the “U.S. Guarantors”), (f) GENESEE & WYOMING CANADA INC., HURON CENTRAL RAILWAY INC., MIRABEL RAILWAY

AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • February 23rd, 2015 • Healthcare Trust of America Holdings, LP • Real estate investment trusts • New York

This AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of February 11, 2015 (this “Amendment No. 1”), is by and among HEALTHCARE TRUST OF AMERICA, INC., a Maryland corporation (the “Company”), HEALTHCARE TRUST OF AMERICA HOLDINGS, LP, a Delaware limited partnership (the “Borrower”), BANK OF AMERICA, N.A. (the “New Lender”) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Amended and Restated Revolving Credit and Term Loan Agreement, dated as of November 19, 2014 (the “Credit Agreement”), by and among the Company, the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of July 25, 2023 among VERIS RESIDENTIAL, L.P. The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent GOLDMAN SACHS BANK USA, as Syndication Agent _____________________________...
Revolving Credit and Term Loan Agreement • July 26th, 2023 • Veris Residential, L.P. • Real estate investment trusts • New York

REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of July 25, 2023, among VERIS RESIDENTIAL, L.P., the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

RECITALS:
Revolving Credit and Term Loan Agreement • August 6th, 2004 • Phoenix Footwear Group Inc • Footwear, (no rubber) • New York
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FIRST AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • February 10th, 2020 • Repay Holdings Corp • Services-business services, nec • New York

determined as provided above. Notwithstanding the foregoing, the Applicable Percentage shall be at Level I as set forth in the Pricing Grid from the Closing Date through the date on which the financial statements required by Section 5.1(b) and the Compliance Certificate required by Section 5.1(c) for Fiscal Quarter ending September 30, 2019 are delivered (or, at the Borrower’s option, for the Fiscal Quarter ending June 30, 2019). In the event that any financial statement or Compliance Certificate delivered hereunder is shown to be inaccurate prior to the termination of this Agreement, and such inaccuracy, if corrected, would have led to the application of a higher Applicable Percentage based upon the Pricing Grid (the “Accurate Applicable Percentage”) for any period that such financial statement or Compliance Certificate covered, then (i) the Borrower shall promptly deliver to the Administrative Agent a corrected financial statement or Compliance Certificate, as the case may be, for su

REVOLVING CREDIT AND TERM LOAN AGREEMENT Dated as of April 14, 2005 among ATLAS PIPELINE PARTNERS, L.P., as Borrower ATLAS PIPELINE NEW YORK, LLC ATLAS PIPELINE OHIO, LLC ATLAS PIPELINE PENNSYLVANIA, LLC ATLAS PIPELINE OPERATING PARTNERSHIP, L.P....
Revolving Credit and Term Loan Agreement • February 9th, 2006 • Atlas America Inc • Crude petroleum & natural gas • New York

THIS REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of April 14, 2005, among ATLAS PIPELINE PARTNERS, L.P., a Delaware limited partnership (the “Borrower”); ATLAS PIPELINE NEW YORK, LLC, a Pennsylvania limited liability company (“APL New York”); ATLAS PIPELINE OHIO, LLC, a Pennsylvania limited liability company (“APL Ohio”); ATLAS PIPELINE PENNSYLVANIA, LLC, a Pennsylvania limited liability company (“APL Pennsylvania”); ATLAS PIPELINE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“APL Operating”); ATLAS PIPELINE MID-CONTINENT LLC, a Delaware limited liability company (“APL Mid-Continent”); ETC OKLAHOMA PIPELINE, LTD., a Texas limited partnership (“Elk City”); and ELK CITY OKLAHOMA GP, LLC, a Delaware limited liability company (“Elk City GP”; Elk City GP, Elk City, APL Mid-Continent, APL New York, APL Ohio, APL Pennsylvania and APL Operating are collectively referred to herein as the “Initial Guarantors,” and the Borrower and the Initial Guarantors are collectively ref

AMENDMENT NO. 2 TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • June 1st, 2009 • Atlas America Inc • Natural gas transmission • New York

This Amendment No. 2 dated as of May 29, 2009 to the Revolving Credit and Term Loan Agreement (this “Amendment No. 2”), is entered into among Atlas Pipeline Partners, L.P., a Delaware limited partnership (“Borrower”), the Subsidiaries of the Borrower identified as “Guarantors” on the signature pages hereto (the “Guarantors”), the Lenders signatory hereto and Wachovia Bank, National Association, in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and amends the Revolving Credit and Term Loan Agreement dated as of July 27, 2007 (as amended by Amendment No. 1 and Agreement dated as of June 12, 2008 and as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among the Borrower, the Guarantors named therein, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administrative Agent and the other agents and arrangers named therein. Capitalized terms used herein and not

STAKTEK HOLDINGS, INC. SC MERGER SUB, INC. RESEARCH APPLICATIONS, INC. REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF AUGUST 19, 2003 COMERICA BANK AS ADMINISTRATIVE AGENT, DOCUMENTATION AGENT, STRUCTURING AGENT AND LEAD ARRANGER
Revolving Credit and Term Loan Agreement • November 26th, 2003 • Staktek Holdings Inc

This Revolving Credit and Term Loan Agreement (“Agreement”) is made as of the 19th day of August, 2003, by and among the financial institutions from time to time signatory hereto (individually a “Bank,” and any and all such financial institutions collectively the “Banks”), Comerica Bank, as Administrative Agent for the Banks (in such capacity, the “Agent”), Documentation Agent, Structuring Agent and Lead Arranger, SC Merger Sub, Inc., a Texas corporation to be named Staktek Corporation, upon the Merger described below (the “Company”), Research Applications, Inc., a Texas corporation (“RAI”) and Staktek Holdings, Inc., a Delaware corporation (“Holdings”, and together with the Company and RAI, the “Borrowers” and each a “Borrower”).

FIFTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • August 16th, 2004 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties

THIS FIFTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of April 8, 2004 (this “Amendment”), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as administrative agent and collateral agent for the Lenders under the Agreement referenced below (“Agent”), the Lenders party thereto, and GARDENBURGER, INC., an Oregon corporation (“Borrower”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).

SECOND AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • January 9th, 2006 • Xeta Technologies Inc • Telephone & telegraph apparatus • Oklahoma

This Second Amendment to Revolving Credit and Term Loan Agreement is dated as of September 30, 2005, between XETA TECHNOLOGIES, INC., an Oklahoma corporation (“Borrower”), and BANK OF OKLAHOMA, N.A (“Bank”).

REVOLVING CREDIT AND TERM LOAN AGREEMENT Dated as of December 27, 2007 by and among CENTERLINE HOLDING COMPANY and CENTERLINE CAPITAL GROUP INC., as the Borrowers, CENTERLINE INVESTOR LP LLC, CENTERLINE INVESTOR LP II LLC, CENTERLINE CAPITAL COMPANY...
Revolving Credit and Term Loan Agreement • January 3rd, 2008 • Centerline Holding Co • Real estate

THIS REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Credit Agreement”) dated as of December 27, 2007 is by and among CENTERLINE HOLDING COMPANY, a Delaware statutory trust (“CHC”), and CENTERLINE CAPITAL GROUP INC., a Delaware corporation (“CCG”) (each a “Borrower” and collectively, the “Borrowers”); those Persons (as defined below) listed as Guarantors on Schedule 1A as of the date hereof and any other Person who may from time to time be listed on such Schedule in accordance with this Credit Agreement (each a “Guarantor” and collectively, the “Guarantors”); BANK OF AMERICA, N.A. and the other lenders party hereto as listed on Schedule 2 from time to time in accordance with this Credit Agreement (each a “Lender” and collectively, the “Lenders”); and BANK OF AMERICA, N.A., as Administrative Agent (as defined below), as Swingline Lender (in such capacity, the “Swingline Lender”), and as Issuing Bank (in such capacity, the “Issuing Bank”).

THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • September 21st, 2020 • Broadstone Net Lease, Inc. • Real estate investment trusts • New York

THIS THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) dated as of September 21, 2020, is executed by the Lenders (as defined below) party hereto, MANUFACTURERS AND TRADERS TRUST COMPANY, as Administrative Agent (the “Administrative Agent”), BROADSTONE NET LEASE, LLC (the “Borrower”) and BROADSTONE NET LEASE, INC. (the “Parent”).

AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • December 14th, 2010 • Addvantage Technologies Group Inc • Wholesale-durable goods • Oklahoma

THIS AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT is dated November 30, 2010 (“Effective Date”), by and between ADDVANTAGE TECHNOLOGIES GROUP, INC., an Oklahoma corporation (“Borrower”) and BANK OF OKLAHOMA, N.A. (“Lender”).

AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • March 2nd, 2015 • MPT Operating Partnership, L.P. • Real estate investment trusts • New York

This AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of October 17, 2014 (this “Amendment No. 1”), is by and among MEDICAL PROPERTIES TRUST, INC., a Maryland corporation (“Holdings”), MPT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions listed on the signature pages hereof (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Amended and Restated Revolving Credit and Term Loan Agreement, dated as of June 19, 2014 (as amended, restated, replaced, supplemented or modified from time to time, the “Credit Agreement”), by and among Holdings, the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

WAIVER AND AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • December 26th, 2012 • JTH Holding, Inc. • Services-personal services • Virginia

THIS WAIVER AND AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of December 19, 2012 (this “Waiver and Amendment”), is made by and among JTH HOLDING, INC., a Delaware corporation (the “Borrower”), SUNTRUST BANK, in its capacity as administrative agent (the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement defined below) and as issuing bank (the “Issuing Bank”) and swingline lender (the “Swingline Lender”), the Lenders party hereto, JTH TAX, INC., a Delaware corporation (“JTH”), LTS PROPERTIES, LLC, a Virginia limited liability company (“Properties”), LTS SOFTWARE INC., a Virginia corporation (“Software”), WEFILE INC., a Virginia corporation (“Wefile”), JTH FINANCIAL, LLC, a Virginia limited liability company (“JTH Financial”), and JTH PROPERTIES 1632, LLC, a Virginia limited liability company (“1632,” and together with JTH, Properties, Software, Wefile and JTH Financial, collectively, the “Subsidiary Loan Parties,” and together with the Borrowe

AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • February 25th, 2011 • Genesee & Wyoming Inc • Railroads, line-haul operating

AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”), dated as of October 15, 2010, by and among (a) GENESEE & WYOMING INC., a Delaware corporation (“GWI”) and RP ACQUISITION COMPANY TWO, a Delaware corporation (“RP” and, together with GWI, each a “Domestic Borrower” and collectively, the “Domestic Borrowers”), (b) QUEBEC GATINEAU RAILWAY INC., a corporation constituted under the laws of Quebec, Canada (the “Canadian Borrower”), (c) GENESEE & WYOMING AUSTRALIA PTY LTD (ACN 079 444 296), a proprietary limited company incorporated under the laws of Australia (the “Australian Borrower”), (d) ROTTERDAM RAIL FEEDING B.V., a private limited liability company constituted under the laws of the Netherlands (the “European Borrower”), (e) the Subsidiaries of GWI listed on Schedule I to the Credit Agreement (as defined below) as of the date hereof and any other Person which may become a guarantor of the Obligations in accordance with Section 9.

SECOND AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT
Revolving Credit and Term Loan Agreement • August 8th, 2008 • Medical Properties Trust Inc • Real estate investment trusts • New York

This SECOND AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of June 26, 2008 (this “Amendment”), is by and among MEDICAL PROPERTIES TRUST, INC., a Maryland corporation (“Holdings”), MPT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions listed on the signature pages hereof (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Revolving Credit and Term Loan Agreement, dated as of November 30, 2007, as amended by the First Amendment to Revolving Credit and Term Loan Agreement (the “First Amendment”) dated as of March 13, 2008 (as so amended, the “Credit Agreement”), by and among Holdings, the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

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