Senior Facilities Agreement Sample Contracts

Blackstone Mortgage Trust, Inc. – SENIOR FACILITIES AGREEMENT (April 24th, 2018)

PROJECT QUASAR PLEDGECO, S.L.U., a private limited liability company (sociedad de responsabilidad limitada) incorporated under the laws of Spain holding tax identification number B88038419 (the Company);

Spark Networks SE – SENIOR FACILITIES AGREEMENT dated 28 March 2018 for Spark Networks SE arranged by Silicon Valley Bank as Mandated Lead Arranger with Silicon Valley Bank acting as Agent and Silicon Valley Bank acting as Security Agent Osborne Clarke Rechtsanwälte Steuerberater Partnerschaft mbB Contents (April 2nd, 2018)
Liberty Global Plc – VIRGIN MEDIA FINANCE PLC as the Parent VIRGIN MEDIA INVESTMENT HOLDINGS LIMITED VIRGIN MEDIA LIMITED VIRGIN MEDIA WHOLESALE LIMITED VMIH SUB LIMITED VIRGIN MEDIA SFA FINANCE LIMITED VIRGIN MEDIA BRISTOL LLC as Original Borrowers VIRGIN MEDIA FINANCE PLC VIRGIN MEDIA INVESTMENT HOLDINGS LIMITED VIRGIN MEDIA LIMITED VIRGIN MEDIA WHOLESALE LIMITED VMIH SUB LIMITED VIRGIN MEDIA SFA FINANCE LIMITED VIRGIN MEDIA SECURED FINANCE PLC VIRGIN MEDIA BRISTOL LLC NTL VICTORIA LIMITED as Original Guarantors CREDIT SUISSE AG, LONDON BRANCH as Global Coordinator CREDIT SUISSE AG, LONDON BRANCH BANC OF AMERICA (April 28th, 2017)

THIS AGREEMENT is dated 7 JUNE 2013 as amended on 14 June 2013 and as amended and restated on 17 July 2015 and 30 July 2015, as further amended on 16 December 2016 and as further amended and restated on 19 April 2017.

Liberty Global Plc – Dated 5 March 2015 ZIGGO SECURED FINANCE B.V. as SPV Borrower ZIGGO SECURED FINANCE PARTNERSHIP as US SPV Borrower THE PERSONS LISTED IN PART 1 OF SCHEDULE 1 as Original Guarantors CREDIT SUISSE AG, LONDON BRANCH DEUTSCHE BANK AG, LONDON BRANCH and NOMURA INTERNATIONAL PLC as Global Coordinators, Bookrunners, and Mandated Lead Arrangers THE BANK OF NOVA SCOTIA as Facility Agent DEUTSCHE TRUSTEE COMPANY LIMITED as SPV Security Trustee and THE ORIGINAL LENDER SENIOR FACILITIES AGREEMENT (August 22nd, 2016)
Ugi Corp /Pa/ – SENIOR FACILITIES AGREEMENTEUR 600,000,000 TERM FACILITYEUR 60,000,000 REVOLVING FACILITY (August 7th, 2015)
Liberty Global Plc – SENIOR FACILITIES AGREEMENT (dated 7 JUNE 2013 as amended on 14 JUNE 2013 and as amended and restated on 17 July 2015 and July 30 July) (August 4th, 2015)
Encore Capital Group Inc – AMENDMENT AGREEMENTDATED _5__ FEBRUARY 2015FORCABOT FINANCIAL LIMITEDAS PARENTWITHJ.P. MORGAN EUROPE LIMITEDACTING AS AGENT RELATING TO A SENIOR FACILITIES AGREEMENTORIGINALLY DATED 20 SEPTEMBER 2012 (May 7th, 2015)
Liberty Global Plc – SENIOR FACILITIES AGREEMENT as amended and restated by a SupplementalAgreement dated 10 February 2014 and by anAmendment Letter dated 11 March 2014 (February 13th, 2015)

THIS AGREEMENT is dated 27 January 2014 as amended and restated by a Supplemental Agreement dated 10 February 2014 and by an Amendment Letter dated 11 March 2014.

Atlatsa Resources Corp – AMENDED AND RESTATED TRANSACTION FRAMEWORK AGREEMENT (INCLUDING AMENDMENTS TO THE SENIOR FACILITIES AGREEMENT AND THE IMPLEMENTATION AGREEMENT) (March 31st, 2014)

Unless otherwise stated or inconsistent with the context in which they appear, the following words and expressions used in this Agreement bear the following meanings and other words derived from the same origins as such words (that is, cognate words) shall bear corresponding meanings:

Encore Capital Group Inc – DATED 20 SEPTEMBER 2012 AS AMENDED BY AN AMENDMENT LETTER DATED 25 APRIL 2013 AND AS AMENDED AND RESTATED BY AN AMENDMENT AND RESTATEMENT AGREEMENT DATED 28 JUNE 2013 CABOT FINANCIAL (UK) LIMITED ARRANGED BY DNB BANK ASA, LONDON BRANCH LLOYDS TSB BANK PLC AND THE ROYAL BANK OF SCOTLAND PLC AS MANDATED LEAD ARRANGERS WITH ACTING AS AGENT AND ACTING AS SECURITY AGENT SENIOR FACILITIES AGREEMENT RELATING TO A £85,000,000 COMMITTED REVOLVING FACILITY (November 7th, 2013)

(1) CABOT FINANCIAL LIMITED, a private limited liability company incorporated under the laws of England and Wales with company registration number 5714535 and with its registered office at 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA (the “Parent”);

Net 1 Ueps Technologies Inc – KRW85,000,000,000 SENIOR FACILITIES AGREEMENT dated October 28, 2013 NET1 APPLIED TECHNOLOGIES KOREA -Borrower- THE BANKS AND FINANCIAL INSTITUTIONS IN SCHEDULE I -Original Lenders- HANA BANK -Facility Agent- HANA BANK -Security Agent- HANA DAETOO SECURITIES CO., LTD. -Mandated Lead Arranger- (October 31st, 2013)
Liberty Global Plc – Dated 7 JUNE 2013 VIRGIN MEDIA FINANCE PLC as Parent VIRGIN MEDIA INVESTMENT HOLDINGS LIMITED VIRGIN MEDIA LIMITED VIRGIN MEDIA WHOLESALE LIMITED VMIH SUB LIMITED VIRGIN MEDIA SFA FINANCE LIMITED VIRGIN MEDIA BRISTOL LLC as Original Borrowers VIRGIN MEDIA FINANCE PLC VIRGIN MEDIA INVESTMENT HOLDINGS LIMITED VIRGIN MEDIA LIMITED VIRGIN MEDIA WHOLESALE LIMITED VMIH SUB LIMITED VIRGIN MEDIA SFA FINANCE LIMITED VIRGIN MEDIA SECURED FINANCE PLC VIRGIN MEDIA BRISTOL LLC NTL VICTORIA LIMITED as Original Guarantors CREDIT SUISSE AG, LONDON BRANCH as Global Coordinator CREDIT SUISSE AG, LONDON BRANCH B (June 12th, 2013)
Rockwood Holdings, Inc. – CONFIDENTIAL The Specialty TiO2 Company July 2012 CONFIDENTIAL .CFO of Sachtleben since September 2008, having been responsible for Controlling in Rockwood Corporate since 2005 .Previously worked at Dr. August Oetker and Dynamit Nobel .19 years of chemical industry experience .CEO at Sachtleben since summer 2010, joined Rockwood in 2001 .Previously worked 27 years with Air Products & Chemicals .37 years of chemical industry experience Vernon S. Sumner Chairman & CEO Dr. Andreas Grünewald CFO .Sachtleben CCO and Managing Director of Kemira Pigments since end of 2006 .Responsible for sales and m (July 17th, 2012)
Virgin Media Inc. – Senior Facilities Agreement Virgin Media Inc. as Ultimate Parent Virgin Media Finance PLC as Parent Virgin Media Investment Holdings Limited Virgin Media Limited Virgin Media Wholesale Limited VMIH Sub Limited Virgin Media SFA Finance Limited as Original Borrowers The Original Guarantors Deutsche Bank AG, London Branch BNP Paribas London Branch as Global Coordinators and Physical Bookrunners Deutsche Bank AG, London Branch BNP Paribas London Branch Crédit Agricole Corporate and Investment Bank GE Corporate Finance Bank SAS Goldman Sachs International J.P. Morgan PLC Lloyds TSB Corporate Market (May 23rd, 2011)
Ugi Corp /Pa/ – SENIOR FACILITIES AGREEMENT 380,000,000 Term Facility 40,000,000 Revolving Facility Dated 16 March 2011 AGZ HOLDING as Parent and Borrower ANTARGAZ as Borrower THE ENTITIES NAMED HEREIN as Lenders BNP PARIBAS CAISSE REGIONALE DE CREDIT AGRICOLE MUTUEL DE PARIS ET D’ILE DE FRANCE CREDIT LYONNAIS NATIXIS as Mandated Lead Arrangers and Bookrunners BARCLAYS BANK PLC BANQUE COMMERCIALE POUR LE MARCHE DE L’ENTREPRISE ING BELGIUM SA, SUCCURSALE EN FRANCE as Mandated Lead Arrangers BANCO BILBAO VIZCAYA ARGENTARIA CREDIT DU NORD HSBC FRANCE CREDIT SUISSE INTERNATIONAL BRED BANQUE POPULAIRE BANQUE PALAT (May 6th, 2011)

AGZ HOLDING, a société anonyme, incorporated under the laws of France under registration number 413 765 108 RCS Nanterre, with registered capital of euro 35,905,326.00, and having its registered office at Immeuble Les Renardières, 3 Place de Saverne, 92400 Courbevoie, and represented by duly authorised signatories for the purpose of this agreement (the “Parent”);

Elster Group SE – 12 June 2005 as amended and restated on 11 July 2005, 17 August 2005, 13 February 2006, 19 May 2006, 30 October 2006, 3 May 2007, 24 April 2008, 14 November 2008 and 11 November 2009 and as amended on 11 January 2010 and 13 October 2010 ELSTER HOLDINGS GMBH (formerly ELSTER GROUP GMBH and NACHTWACHE ACQUISITION GMBH) as Bidco, a Borrower and a Guarantor The other companies named herein as Borrowers and Guarantors CIBC WORLD MARKETS PLC DEUTSCHE BANK AG, LONDON BRANCH and THE ROYAL BANK OF SCOTLAND PLC, FRANKFURT BRANCH as Mandated Lead Arrangers THE LENDERS NAMED HEREIN as Original Lenders DEU (March 10th, 2011)

THIS AGREEMENT is made on 12 June 2005 (as amended and restated on 11 July 2005, 17 August 2005, 13 February 2006 , 19 May 2006, 30 October 2006, 3 May 2007, 24 April 2008, 4 November 2008 and 11 November 2009 and as amended on 11 January 2010 and 13 October 2010)

Virgin Media Inc. – Senior Facilities Agreement Virgin Media Inc. as Ultimate Parent Virgin Media Finance PLC as Parent Virgin Media Investment Holdings Limited Virgin Media Limited Virgin Media Wholesale Limited VMIH Sub Limited Virgin Media SFA Finance Limited as Original Borrowers The Original Guarantors Deutsche Bank AG, London Branch BNP Paribas London Branch as Global Coordinators and Physical Bookrunners Deutsche Bank AG, London Branch BNP Paribas London Branch Crédit Agricole Corporate and Investment Bank GE Corporate Finance Bank SAS Goldman Sachs International J.P. Morgan PLC Lloyds TSB Corporate Market (February 16th, 2011)
Net 1 Ueps Technologies Inc – NET1 APPLIED TECHNOLOGIES KOREA Holdco HANA DAETOO SECURITIES CO., LTD. Mandated Lead Arranger HANA BANK SHINHAN BANK WOORI BANK Lead Arrangers THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 Original Lenders HANA BANK Agent HANA BANK Security Agent OCTOBER 29, 2010 SENIOR FACILITIES AGREEMENT KRW130,500,000,000 (November 3rd, 2010)
Elster Group SE – 12 June 2005 as amended and restated on 11 July 2005, 17 August 2005, 13 February 2006, 19 May 2006, 30 October 2006, 3 May 2007, 24 April 2008, 14 November 2008 and 11 November 2009 and as amended on 11 January 2010 ELSTER HOLDINGS GMBH (formerly ELSTER GROUP GMBH and NACHTWACHE ACQUISITION GMBH) as Bidco, a Borrower and a Guarantor The other companies named herein as Borrowers and Guarantors CIBC WORLD MARKETS PLC DEUTSCHE BANK AG, LONDON BRANCH and THE ROYAL BANK OF SCOTLAND PLC, FRANKFURT BRANCH as Mandated Lead Arrangers THE LENDERS NAMED HEREIN as Original Lenders DEUTSCHE BANK AG, LONDO (September 13th, 2010)

THIS AGREEMENT is made on 12 June 2005 (as amended and restated on 11 July 2005, 17 August 2005, 13 February 2006 , 19 May 2006, 30 October 2006, 3 May 2007, 24 April 2008, 4 November 2008 and 11 November 2009 and as amended on 11 January 2010)

Melco Crown (COD) Hotels Ltd – DATED 10 MAY 2010 MELCO CROWN GAMING (MACAU) LIMITED as Company DEUTSCHE BANK AG, HONG KONG BRANCH as Agent DB TRUSTEES (HONG KONG) LIMITED as Security Agent AND OTHERS FOURTH AMENDMENT AGREEMENT IN RESPECT OF THE SENIOR FACILITIES AGREEMENT (August 13th, 2010)

(3)   DEUTSCHE BANK AG, HONG KONG BRANCH in its capacity as Agent acting on the instructions of and for and on behalf of the Majority Lenders (the “Agent”); and

Virgin Media Inc. – £1,250,000,000 Senior Facilities Agreement (April 12th, 2010)
Virgin Media Inc. – Virgin Media Launches Process to Refinance Senior Facilities Agreement (March 18th, 2010)

LONDON, 16 March 2010 — Virgin Media Inc. (NASDAQ:VMED) (LSE:VMED), a leading UK entertainment and communications business, today announced that it has entered into a new senior facilities agreement, under which Deutsche Bank, BNP Paribas, BofA Merrill Lynch, Crédit Agricole Corporate and Investment Bank, GE Capital, Goldman Sachs International, J.P. Morgan, Lloyds TSB Corporate Markets, RBS and UBS have agreed to make available to certain subsidiaries of Virgin Media a term loan A facility in an aggregate principal amount of £1.0 billion and a revolving credit facility in an aggregate principal amount of £250 million. Drawdown under both facilities is subject to certain conditions, including Virgin Media obtaining additional commitments in the form of term loan B facilities or other financing in an aggregate principal amount of at least £600 million. The term loan A facility and the revolving credit facility will bear interest at a rate of LIBOR plus 350 basis points, subject to adjus

Virgin Media Inc. – Amendments to Virgin Media’s Senior Facilities Agreement Approved by Lenders (November 2nd, 2009)

LONDON, October 30, 2009 – Virgin Media Inc. (NASDAQ:VMED) (LSE:VMED), a leading UK entertainment and communications business, today announced that its senior lenders have approved the proposed amendments in relation to its senior facilities agreement. Virgin Media expects that the amendments will be signed and become effective shortly.

Virgin Media Inc. – SCHEDULE 2 SENIOR FACILITIES AGREEMENT dated 3 March 2006, as amended and restated on 22 May 2006, (November 2nd, 2009)
Virgin Media Inc. – Virgin Media Seeks Amendments to Senior Facilities Agreement (October 20th, 2009)

LONDON, 16 October 2009 – Virgin Media Inc. (NASDAQ:VMED) (LSE:VMED), a leading UK entertainment and communications business, today announced that it is seeking the consent of its senior lenders to make certain amendments to its senior facilities agreement, under which the principal amount of outstanding debt is £3.1 billion. These amendments will provide Virgin Media with additional financial flexibility and further strengthen its capital structure.

Anheuser-Busch InBev S.A. – US$45,000,000,000 SENIOR FACILITIES AGREEMENT 12TH JULY, 2008 for INBEV NV and INBEV WORLDWIDE S.À R.L. arranged by BANCO SANTANDER, S.A. BARCLAYS CAPITAL BNP PARIBAS DEUTSCHE BANK AG, LONDON BRANCH FORTIS BANK SA/NV ING BANK N.V. MIZUHO CORPORATE BANK, LTD. THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. and THE ROYAL BANK OF SCOTLAND PLC as Mandated Lead Arrangers and Bookrunners and FORTIS BANK SA/NV acting as Agent FORTIS BANK SA/NV as Issuing Bank Allen & Overy LLP (September 14th, 2009)
Central European Distribution Corp – Dated 23 December 2008 DEED OF AMENDMENT in respect of a SENIOR FACILITIES AGREEMENT DEED OF GUARANTEE AND COVENANTS AND INTERCREDITOR DEED each dated 10 July 2008 and made between (among others) PASALBA LTD. as the Company NOWDO LIMITED as the Senior Borrower or On-Loan Lender GOLDMAN SACHS INTERNATIONAL UNICREDIT BANK AUSTRIA AG ING BANK N.V. LONDON BRANCH RAIFFEISEN ZENTRALBANK ÖSTERREICH AG as Mandated Lead Arrangers and RAIFFEISEN ZENTRALBANK ÖSTERREICH AG as Facility Agent KEEP THE ORIGINAL OF THIS DOCUMENT OR ANY CERTIFIED COPIES THEREOF OUTSIDE THE REPUBLIC OF AUSTRIA. THE TAKING OF TH (August 10th, 2009)

(1) LION/RALLY LUX 2 S.A.R.L., a company incorporated under the laws of Luxembourg (corporate identity no. B 139055) having its registered office at 13-15, Avenue de la Liberté, L-1931 Luxembourg (the “Shareholder Creditor”);

Central European Distribution Corp – Dated 10 July 2008 SENIOR FACILITIES AGREEMENT for PASALBA LTD as the Company NOWDO LIMITED as the Senior Borrower THE PERSONS LISTED IN PART 1 OF SCHEDULE 1 as the Original Guarantors arranged by GOLDMAN SACHS INTERNATIONAL BANK AUSTRIA CREDITANSTALT AG ING BANK N.V., LONDON BRANCH RAIFFEISEN ZENTRALBANK ÖSTERREICH AG as Mandated Lead Arrangers with THE FINANCIAL INSTITUTIONS LISTED IN PART 2 OF SCHEDULE 1 as the Original Lenders RAIFFEISEN ZENTRALBANK ÖSTERREICH AG as Facility Agent THE LAW DEBENTURE TRUST CORPORATION p.l.c. as Security Agent and upon its accession hereto THE ISSUING BANK as (August 10th, 2009)
Virgin Media Inc. – SCHEDULE 2 SENIOR FACILITIES AGREEMENT dated 3 March 2006, as amended and restated on 22 May 2006, (May 6th, 2009)
Melco Crown Entertainment LTD – DATED 1st September 2008 MELCO CROWN GAMING (MACAU) LIMITED as Company DEUTSCHE BANK AG, HONG KONG BRANCH as Agent SECOND AMENDMENT AGREEMENT IN RESPECT OF SENIOR FACILITIES AGREEMENT (March 31st, 2009)

MELCO CROWN GAMING (MACAU) LIMITED formerly known as Melco PBL Gaming (Macau) Limited (in its own capacity and as Obligors’ Agent for and on behalf of the Relevant Obligors) (the “Company”); and

Melco Crown Entertainment LTD – DATED 7 DECEMBER 2007 MELCO PBL GAMING (MACAU) LIMITED as Company DEUTSCHE BANK AG, HONG KONG BRANCH as Agent AMENDMENT AGREEMENT IN RESPECT OF SENIOR FACILITIES AGREEMENT (March 31st, 2009)

MELCO PBL GAMING (MACAU) LIMITED (in its own capacity and as Obligors’ Agent for and on behalf of the Relevant Obligors) (the “Company”); and

Melco Crown Entertainment LTD – DATED 1 December 2008 MELCO CROWN GAMING (MACAU) LIMITED as Company DEUTSCHE BANK AG, HONG KONG BRANCH as Agent THIRD AMENDMENT AGREEMENT IN RESPECT OF SENIOR FACILITIES AGREEMENT (March 31st, 2009)

MELCO CROWN GAMING (MACAU) LIMITED (formerly known as Melco PBL Gaming (Macau) Limited) (in its own capacity and as Obligors’ Agent for and on behalf of the Relevant Obligors) (the “Company”); and

Virgin Media Inc. – SCHEDULE 2 SENIOR FACILITIES AGREEMENT dated 3 March 2006, as amended and restated on 22 May 2006, (February 26th, 2009)
Ugi Corp /Pa/ – Dated 6 October 2008 AGZ HOLDING as Parent ANTARGAZ THE ENTITIES NAMED HEREIN as Lenders CALYON as Mandated Lead Arranger CALYON as Facility Agent CALYON as Security Agent Amendment Agreement relating to a Senior Facilities Agreement dated 7 December 2005 as amended and restated (November 21st, 2008)
Virgin Media Inc. – Virgin Media Announces Results of Amendments to Senior Facilities Agreement (November 10th, 2008)

LONDON, November 6, 2008 – Virgin Media Inc. (NASDAQ: VMED), a leading UK entertainment and communications business, today announced that the Agent under its senior facilities agreement has informed the Company that over 90% of its senior lenders have approved the proposed amendments.  In addition, lenders who represent over 70% of the A tranches and over 80% of the B tranches have individually agreed to move into new tranches with modified payment terms.  Virgin Media expects that the amendments will be signed and become effective shortly.