Term Loan Credit Agreement Sample Contracts

Contract
Term Loan Credit Agreement • April 28th, 2022 • Toro Co • Lawn & garden tractors & home lawn & gardens equip • New York
EXECUTION VERSION] ------------------------------------------------------------------------------- TERM LOAN CREDIT AGREEMENT (2008)
Term Loan Credit Agreement • September 21st, 2004 • Brandywine Realty Trust • Real estate investment trusts • New York
TERM LOAN CREDIT AGREEMENT Dated as of April 29, 2022 among REPUBLIC SERVICES, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, The Other Lenders Party Hereto BNP PARIBAS, PNC BANK, NATIONAL ASSOCIATION, SUMITOMO MITSUI BANKING...
Term Loan Credit Agreement • May 4th, 2022 • Republic Services, Inc. • Refuse systems • New York

This TERM LOAN CREDIT AGREEMENT (this “Agreement”) is entered into as of April 29, 2022, among REPUBLIC SERVICES, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent.

CONSENT AND AMENDMENT NO. 3 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • February 22nd, 2022 • RumbleOn, Inc. • Services-computer programming services • Delaware

This TERM LOAN CREDIT AGREEMENT (this “Agreement”) is entered into as of August 31, 2021, among RUMBLEON, INC., a Nevada corporation (the “Borrower”), OAKTREE FUND ADMINISTRATION, LLC, as Administrative Agent and Collateral Agent, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).

TERM LOAN CREDIT AGREEMENT dated as of January 23, 2020 MICHIGAN ELECTRIC TRANSMISSION COMPANY, LLC, as the Borrower, VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS FROM TIME TO TIME PARTIES HERETO, as the Lenders, and TORONTO DOMINION (TEXAS) LLC,...
Term Loan Credit Agreement • January 23rd, 2020 • ITC Holdings Corp. • Electric services • New York

TERM LOAN CREDIT AGREEMENT, dated as of January 23, 2020, among MICHIGAN ELECTRIC TRANSMISSION COMPANY, LLC, a Michigan limited liability company (the “Borrower”), various financial institutions and other Persons from time to time parties hereto as lenders (each a “Lender” and, collectively, the “Lenders”) and TORONTO DOMINION (TEXAS) LLC, as administrative agent (in such capacity, the “Administrative Agent”).

AMENDMENT NO. 8 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • November 7th, 2022 • Team Inc • Services-miscellaneous repair services • New York

This CREDIT AGREEMENT, is entered into as of December 18, 2020, among (i) TEAM, INC., a Delaware corporation (the “Borrower”), (ii) each of the lenders identified as a “Lender” on Annex A attached hereto (together with each of its respective successors and assigns, if any, and any Additional Lenders, each a “Lender” and, collectively, the “Lenders”), and (iii) ATLANTIC PARK STRATEGIC CAPITAL FUND, L.P. (“Atlantic Park”), acting not individually but as agent on behalf of, and for the benefit of, the Lenders and all other Secured Parties (in such capacity, together with its successors and assigns, if any, in such capacity, herein called the “Agent”).

SIXTH AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • July 27th, 2022 • Blackstone Mortgage Trust, Inc. • Real estate investment trusts • New York

TERM LOAN CREDIT AGREEMENT, dated as of April 23, 2019 (this “Agreement”), by and among Blackstone Mortgage Trust, Inc., a Maryland corporation (the “Borrower”), the Lenders from time to time party hereto and JPMorgan Chase Bank, N.A. (“JPMCB”), in its capacities as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).

AMENDMENT NO. 2 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • April 30th, 2020 • Fortive Corp • Industrial instruments for measurement, display, and control • New York

THIS AMENDMENT NO. 2 TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is made and entered into as of April 24, 2020 by and among FORTIVE CORPORATION, a Delaware corporation (the “Company”), each of the Lenders (as defined in the Credit Agreement) party hereto, and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”).

AMENDMENT NO. 7 TO TERM LOAN CREDIT AGREEMENT dated as of May 6, 2021, among MKS INSTRUMENTS, INC., as the Borrower, the other Loan Parties party hereto, the Lenders party hereto, and BARCLAYS BANK PLC, as Administrative Agent
Term Loan Credit Agreement • May 10th, 2021 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York

This AMENDMENT NO. 7 TO TERM LOAN CREDIT AGREEMENT, dated as of May 6, 2021 (this “Agreement”), by and among MKS Instruments, Inc., a Massachusetts corporation (the “Borrower”), the other Loan Parties party hereto, Barclays Bank PLC, as the administrative agent (in such capacity, the “Administrative Agent”) under the Credit Agreement referred to below, and each Lender party hereto.

TERM LOAN CREDIT AGREEMENT Dated as of January 17, 2020 Among NUTRITION & BIOSCIENCES, INC. as Company THE LENDERS NAMED HEREIN as Lenders MORGAN STANLEY SENIOR FUNDING, INC. as Administrative Agent CREDIT SUISSE AG as Syndication Agent and MORGAN...
Term Loan Credit Agreement • October 5th, 2020 • International Flavors & Fragrances Inc • Industrial organic chemicals • Delaware

NUTRITION & BIOSCIENCES, INC., a Delaware corporation (including any successor by merger thereto pursuant to the Neptune Transactions, the “Company”), the banks, financial institutions and other institutional lenders (the “Lenders”) party hereto from time to time, and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as administrative agent (the “Agent”) for the Lenders (as hereinafter defined), agree as follows:

THIRD AMENDMENT, CONSENT AND LIMITED WAIVER TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • January 6th, 2023 • ProFrac Holding Corp. • Oil & gas field services, nec • New York

TERM LOAN CREDIT AGREEMENT, dated as of March 4, 2022, among PROFRAC HOLDINGS, LLC, a Texas limited liability company (“Holdings,” as hereinafter further defined), PROFRAC HOLDINGS II, LLC, a Texas limited liability company (the “Borrower,” as hereinafter further defined), the guarantors party hereto, and the Lenders (as hereinafter further defined), and PIPER SANDLER FINANCE LLC, as the Agent and the Collateral Agent (each as hereinafter further defined) for the Lenders.

TERM LOAN CREDIT AGREEMENT Dated as of July 22, 2022 among CONSUMERS ENERGY COMPANY, as the Company, THE FINANCIAL INSTITUTIONS NAMED HEREIN, as the Banks, and U.S. BANK NATIONAL ASSOCIATION, as Agent SUMITOMO MITSUI BANKING CORPORATION, as...
Term Loan Credit Agreement • July 28th, 2022 • Consumers Energy Co • Electric & other services combined • New York

This TERM LOAN CREDIT AGREEMENT, dated as of July 22, 2022, is among CONSUMERS ENERGY COMPANY, a Michigan corporation (the “Company”), the financial institutions listed on the signature pages hereof (together with their respective successors and assigns, the “Banks”) and U.S. BANK NATIONAL ASSOCIATION, as Agent.

TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • April 28th, 2020 • DTE Electric Co • Electric services • New York

This TERM LOAN CREDIT AGREEMENT (this “Agreement”) dated as of April 16, 2020 is entered into among DTE ELECTRIC COMPANY, a Michigan corporation (the “Borrower”), the banks, financial institutions and other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, and MIZUHO BANK, LTD. (“Mizuho”), as Administrative Agent (including its branches and Affiliates as may be required to administer its duties, the “Agent”) for the Lenders (as hereinafter defined).

TERM LOAN CREDIT AGREEMENT dated as of September 4, 2019, among PHI Group, Inc., as Borrower The GUARANTORS Party Hereto The LENDERS Party Hereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent and Collateral Agent Credit Suisse...
Term Loan Credit Agreement • September 5th, 2019 • PHI Group, Inc./De • Air transportation, nonscheduled • New York

TERM LOAN CREDIT AGREEMENT (this “Agreement”) dated as of September 4, 2019, among PHI GROUP, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent and Collateral Agent.

ONCOR ELECTRIC DELIVERY COMPANY LLC, AS BORROWER TERM LOAN CREDIT AGREEMENT Dated as of June 25, 2021 THE LENDERS PARTY HERETO and SUMITOMO MITSUI BANKING CORPORATION, AS ADMINISTRATIVE AGENT SUMITOMO MITSUI BANKING CORPORATION PNC CAPITAL MARKETS LLC...
Term Loan Credit Agreement • June 29th, 2021 • Oncor Electric Delivery Co LLC • Electric services • New York

TERM LOAN CREDIT AGREEMENT (this “Agreement”), dated as of June 25, 2021 (the “Closing Date”), among Oncor Electric Delivery Company LLC, a Delaware limited liability company (the “Borrower”), the lenders listed in Schedule 2.01 (together with their successors and assigns, the “Lenders”), Sumitomo Mitsui Banking Corporation (“SMBC”), as administrative agent for the Lenders (in such capacity, the “Agent”), Sole Bookrunner and Joint Lead Arranger, PNC Capital Markets LLC as Joint Lead Arranger and PNC Bank, National Association as Syndication Agent.

TERM LOAN CREDIT AGREEMENT Dated as of January 21, 2020 among CITRIX SYSTEMS, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, BNP PARIBAS, CITIBANK, N.A., DEUTSCHE BANK SECURITIES INC. JPMORGAN CHASE BANK, N.A. and WELLS FARGO...
Term Loan Credit Agreement • January 22nd, 2020 • Citrix Systems Inc • Services-prepackaged software • New York

This TERM LOAN CREDIT AGREEMENT (this “Agreement”) is entered into, as of January 21, 2020, among Citrix Systems, Inc., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of America, N.A., as Administrative Agent.

TERM LOAN CREDIT AGREEMENT among PNMR DEVELOPMENT AND MANAGEMENT CORPORATION, as the Borrower and KEYBANK NATIONAL ASSOCIATION, as Lender and Administrative Agent
Term Loan Credit Agreement • November 28th, 2018 • PNM Resources Inc • Electric services • New York

THIS TERM LOAN CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of November 26, 2018 among PNMR DEVELOPMENT AND MANAGEMENT CORPORATION, a New Mexico corporation (together with its successors and permitted assigns, the “Borrower”), the Lenders and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent.

DELAYED DRAW TERM LOAN CREDIT AGREEMENT Dated as of April 17, 2020, among MSG NYR Holdings, LLC, as Borrower, and MSG ENTERTAINMENT GROUP, LLC, as Lender
Term Loan Credit Agreement • April 23rd, 2020 • Madison Square Garden Entertainment Corp. • Services-amusement & recreation services • New York

This DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this “Agreement”) is entered into as of April 17, 2020, by and among MSG NYR Holdings, LLC, a Delaware limited liability company (the “Borrower”), and MSG Entertainment Group, LLC (the “Lender”).

TERM LOAN CREDIT AGREEMENT Dated as of July 12, 2019 among ABBVIE INC., as Borrower, VARIOUS FINANCIAL INSTITUTIONS, as Lenders, and
Term Loan Credit Agreement • July 16th, 2019 • AbbVie Inc. • Pharmaceutical preparations • New York

This Term Loan Credit Agreement (this “Agreement”) dated as of July 12, 2019 (Local Time) is among AbbVie Inc., a Delaware corporation (the “Borrower”), the Lenders (as defined below) that are parties hereto and Morgan Stanley Senior Funding, Inc., as administrative agent (in such capacity, or any successor thereto appointed pursuant to Article VII, the “Administrative Agent”) for the Lenders.

TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • February 17th, 2017 • At&t Inc. • Telephone communications (no radiotelephone) • Delaware

The Borrower, the lenders parties thereto and the Agent were parties to that certain $40,000,000,000 Term Loan Credit Agreement dated as of October 22, 2016 (the "Existing Bridge Credit Agreement"). Subject to the satisfaction of the conditions set forth in Section 3.02, the Borrower, the parties hereto and the Agent desire to amend and restate the Existing Bridge Credit Agreement as herein set forth and in connection with such amendment and restatement, to substitute as lenders the Lenders listed on Schedule I hereto.

FIRST AMENDMENT
Term Loan Credit Agreement • May 9th, 2022 • SOUTHERN CALIFORNIA EDISON Co • Electric services • New York

This TERM LOAN CREDIT AGREEMENT, dated as of May 10, 2021 (as may be amended, supplemented or otherwise modified from time to time, this “Agreement”), is made by and among SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation (the “Borrower”), the several banks and other financial institutions from time to time parties hereto (the “Lenders”), and ROYAL BANK OF CANADA, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”) and as green loan structuring agent (in such capacity, the “Green Loan Structuring Agent”).

TERM LOAN CREDIT AGREEMENT among
Term Loan Credit Agreement • August 15th, 2007 • Medical Properties Trust Inc • Real estate investment trusts • New York
AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • March 10th, 2021 • Vertiv Holdings Co • Electronic components, nec

THIS TERM LOAN CREDIT AGREEMENT, dated as of March 2, 2020,2020 and as amended on March 10, 2021, among VERTIV INTERMEDIATE HOLDING II CORPORATION (“Holdings”), VERTIV GROUP CORPORATION (the “Borrower”), the Lenders party hereto from time to time and CITIBANK, N.A. (“Citi”), as the Administrative Agent. All capitalized terms used herein and defined in Section 1 are used herein as therein defined.

dated as of March 15, 2017 among EXCO RESOURCES, INC., as Borrower CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors The Lenders Party Hereto WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and WILMINGTON TRUST, NATIONAL ASSOCIATION, as...
Term Loan Credit Agreement • March 15th, 2017 • Exco Resources Inc • Crude petroleum & natural gas • New York

THIS 1.75 LIEN TERM LOAN CREDIT AGREEMENT, dated as of March 15, 2017, among EXCO RESOURCES, INC., a Texas corporation, as Borrower, CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the LENDERS party hereto, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Trustee.

RECITALS
Term Loan Credit Agreement • March 14th, 2017 • Kindred Healthcare, Inc • Services-nursing & personal care facilities • New York

THIS SIXTH AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of June 1, 2011, as amended as of October 4, 2012, as amended and restated as of May 30, 2013, as further amended and restated as of August 21, 2013, as further amended and restated as of April 9, 2014, as further amended and restated as of November 25, 2014, as further amended as of March 10, 2015, as further amended and restated as of June 14, 2016 and as further amended and restated as of March 14, 2017 (as further amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) among KINDRED HEALTHCARE, INC., the LENDERS party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent, CITIBANK, N.A., BARCLAYS BANK, PLC and MORGAN STANLEY SENIOR FUNDING, INC., as Co-Syndication Agents, and MORGAN STANLEY SENIOR FUNDING, INC. and CAPITAL ONE, NATIONAL ASSOCIATION, as Co-Documentation Agents.

TERM LOAN CREDIT AGREEMENT Dated as of July 9, 2019 among GLOBAL PAYMENTS INC., BANK OF AMERICA, N.A., as Administrative Agent JPMORGAN CHASE BANK, N.A., as Syndication Agent BOFA SECURITIES, INC., JPMORGAN CHASE BANK, N.A., as Joint Bookrunners BOFA...
Term Loan Credit Agreement • July 16th, 2019 • Global Payments Inc • Services-business services, nec • New York

This TERM LOAN CREDIT AGREEMENT is entered into as of July 9, 2019, among GLOBAL PAYMENTS INC., a Georgia corporation (the “Company”), each Lender from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.

THIRD AMENDMENT AND LIMITED WAIVER TO AMENDED & RESTATED TERM LOAN CREDIT AGREEMENT AMONG SUNDANCE ENERGY INC., AS PARENT, SUNDANCE ENERGY, INC., AS BORROWER, MORGAN STANLEY CAPITAL ADMINISTRATORS INC., AS ADMINISTRATIVE AGENT, THE LOAN PARTIES PARTY...
Term Loan Credit Agreement • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

THIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of April 23, 2018, is among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), each of the Lenders from time to time party hereto and Morgan Stanley Capital Administrators Inc. (in its individual capacity, “MSCAI”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

2020 TERM LOAN RESTATEMENT AGREEMENT
Term Loan Credit Agreement • March 31st, 2020 • Constellation Brands, Inc. • Beverages • New York

AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT (this “Agreement”) dated as of March 26, 2020 among CONSTELLATION BRANDS, INC., a Delaware corporation (the “Company”), the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.

TERM LOAN CREDIT AGREEMENT DATED AS OF MARCH 22, 2022 AMONG GXO LOGISTICS, INC., as the Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, and BARCLAYS BANK PLC as Administrative Agent BARCLAYS BANK PLC, CITIBANK, N.A. and CRÉDIT AGRICOLE...
Term Loan Credit Agreement • March 23rd, 2022 • GXO Logistics, Inc. • Transportation services • New York

This Term Loan Credit Agreement, dated as of March 22, 2022, is among GXO Logistics, Inc., a Delaware corporation (the “Borrower”), the Guarantors from time to time parties hereto, the institutions from time to time parties hereto as Lenders (whether by execution of this Agreement or an assignment pursuant to Section 12.01), and Barclays Bank PLC, as Administrative Agent.

AMENDMENT NO. 2 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • January 10th, 2012 • Woodward, Inc. • Electrical industrial apparatus • Illinois

This TERM LOAN CREDIT AGREEMENT, dated as of October 1, 2008, is entered into by and among Woodward, Inc., a Delaware corporation, as the Borrower and the Company, the institutions from time to time parties hereto as Lenders, whether by execution of this Agreement or an Assignment Agreement pursuant to Section 13.3, and JPMorgan Chase Bank, N.A., as Administrative Agent for itself and the other Lenders.

AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT among OMNOVA SOLUTIONS INC., VARIOUS LENDERS and DEUTSCHE BANK TRUST COMPANY AMERICAS, as ADMINISTRATIVE AGENT and COLLATERAL AGENT Dated as of May 22, 2007 and Amended and Restated on December 9, 2010...
Term Loan Credit Agreement • July 5th, 2011 • Omnova Solutions Inc • Fabricated rubber products, nec

AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT, dated as of May 22, 2007 and amended and restated as of December 9, 2010 among OMNOVA SOLUTIONS INC., an Ohio corporation (the “Company”), the Lenders party hereto from time to time and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent and Collateral Agent (all capitalized terms used herein and defined in Section 1 are used herein as therein defined).

AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • June 23rd, 2021 • Torrid Holdings Inc. • Retail-apparel & accessory stores • New York

This TERM LOAN CREDIT AGREEMENT (this “Agreement”) is entered into as of June 14, 2019, by and among Torrid Inc.Intermediate LLC, a Delaware corporationlimited liability company (f/k/a Torrid Inc.) (“Holdings”), Torrid LLC, a California limited liability company and direct subsidiary of Holdings (the “Borrower”), KKR Credit Advisors (US) LLC, as Structuring Advisor, Cortland Capital Market Services LLC, as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).

AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT by and among DELEK US HOLDINGS, INC., as Borrower, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and THE LENDERS THAT ARE PARTIES HERETO, as the Lenders WELLS FARGO SECURITIES, LLC,...
Term Loan Credit Agreement • November 18th, 2022 • Delek US Holdings, Inc. • Petroleum refining • New York

THIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT, is entered into as of November 18, 2022, by and among the lenders identified on the signature pages hereof and the lenders delivering Lender Addenda (as defined below) (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), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group (as defined below) (in such capacity, together with its successors and assigns in such capacity, “Agent”), Wells Fargo Securities, LLC, MUFG Bank, Ltd., and BofA Securities Inc., each as a joint lead arranger and joint bookrunner (each in such capacities, together with its successors and assigns in such capacities, a “Joint Lead Arranger”, and collectively, “Joint Lead Arrangers”), Mizuho Bank, Ltd., PNC Capital Markets LLC, Citizens Bank, N.A., Barclays Bank PLC

SECTION II. AMENDMENT AND RESTATEMENT OF SECOND RESTATED CREDIT AGREEMENT
Term Loan Credit Agreement • June 8th, 2017 • Supervalu Inc • Wholesale-groceries, general line • New York

THIRD AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT, dated as of June 8, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among SUPERVALU INC., a Delaware corporation (the “Borrower”), the Guarantors (such term and each other capitalized term used but not defined in this introductory statement having the meaning given it in Article I) party hereto, the Lenders party hereto and GOLDMAN SACHS BANK USA (“Goldman Sachs”), as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) for the Lenders.