AGENT AND LENDER. KEYBANK NATIONAL ASSOCIATION, as Lender, Xxxxxxx Xxxxxx, Swing Loan Lender and as AgentBy: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Senior Vice President ACKNOWLEDGED AND AGREED BORROWER: XXXXXXX XXXX, X.X., a Virginia limited partnership By: XXXXXXX REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer XXXXXXX REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer SUBSIDIARY GUARANTORS: WHLR-DARIEN, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-XXXXXX STREET, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-GEORGETOWN, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-XXXXXX CROSSING, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-LAKE GREENWOOD CROSSING, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-LAKE XXXXXX, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate Investment Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer WHLR-LITCHFIELD MARKET VILLAGE, LLC, a Delaware limited liability company By: Wheeler REIT, L.P., a Virginia limited partnership, its Sole Member By: Xxxxxxx Real Estate I...
AGENT AND LENDER. XXXXX FARGO CAPITAL FINANCE, LLC, as Agent and sole Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President
AGENT AND LENDER. BANK OF AMERICA, N.A., as Agent and Lender By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Senior Vice President Address: Mail Code: CA9-193-13-33 000 X. Xxxx Xx., 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attn: Xxx Xxxxxxxxx Telecopy: (000) 000-0000 LENDER: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signature Address: 0000 Xxxxxxxx Xxxxxx Xxxxx 0000 Xxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxxx Xxx Telecopy: (000) 000-0000 LENDER: BARCLAYS BANK PLC, as a Lender By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: Vice President Address: 000 0xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx Xxxx Telecopy: (000) 000-0000 LENDER: JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Executive Director Address: Xxxxxxxx Xxxx Xxxx, Xxxxx 0 Xxxxxxxx Outer Ring Rd, Vathur Hobli Bangalore, India 560 087 Attn: Xxxxx Xxxxxxxx Telecopy: (+00-00) 000-00000 Fax: (000) 000-0000 LENDER: PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: BO/RM Address: 0000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attn: Xxxx X. Xxxx Telecopy: (000) 000-0000 LENDER: Xxxxxx Xxxxxxx Senior Funding, Inc., as a Lender By: /s/ Xxxxxxx Xxxx Title: Vice President Address: Xxxxxx Xxxxxxx Loan Servicing 0000 Xxxxxx Xxxxxx Xxxxx, 0xx xxxxx Xxxxxxxxx, XX 00000 Tel: 000-000-0000 Fax: 000-000-0000 xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx LENDER: DEUTSCHE BANK, AG NEW YORK, BRANCH, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxx Name: Dusan Lazarav Title: Director Address: 0000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxxxx, XX 00000 Attn: Xxxxx Xxxxx
AGENT AND LENDER. FOOTHILL CAPITAL CORPORATION a California corporation, as Agent and as Lender By: /s/ Xxxxxxx X. Xxxx, Xx. Name: Xxxxxxx X. Xxxx, Xx. Title: Vice President LENDERS: ABLECO FINANCE LLC a Delaware limited liability company, as a Lender By: /s/ Xxxxx X. Genda Name: Xxxxx X. Genda Title: Senior Vice President HIGHBRIDGE/XXXXX SPECIAL OPPORTUNITIES FUND, L.P. a Delaware limited partnership, as a Lender By: Highbridge/Xxxxx Capital Management, LLC, its General Partner By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Managing Member LASALLE BUSINESS CREDIT, LLC a Delaware limited liability company, as a Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: First Vice President
AGENT AND LENDER. XXXXX FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC By: /s/ Xxxxxx X. Xxxxxxx Print Name: Xxxxxx X. Xxxxxxx Title: Duly Authorized Signatory LENDERS: BANK OF THE WEST, INC. By: /s/ Xxx XxXxxxxx Print Name: Xxx XxXxxxxx Title: VP – Relationship Manager M&T BANK By: /s/ Xxxxxxx Xxxxx Print Name: Xxxxxxx Xxxxx Title: VP BRANCH BANKING & TRUST COMPANY By: /s/ Xxxxx Xxxxxx Print Name: Xxxxx Xxxxxx Title: VP Exhibit A Existing Approved Vendors Vendor Brand Azimut Benetti Group AZIMUT and ATLANTIS Pontoon Boat, LLC BENNINGTON Brunswick Corporation or affiliates thereof BOSTON WHALER Crest Marine, LLC CREST Xxxxx-Xxxxx Boats, Inc. XXXXX-XXXXX Brunswick Corporation or affiliates thereof XXXXXX FLOTEBOTE Tracker Marine, L.L.C. Brunswick Corporation or affiliates thereof MERCURY Seminole Marine, Inc. SAILFISH Rec Boat Holdings, LLC SCARAB Scout Boats, Inc. SCOUT Sea Xxxx Boat Manufacturing Company, Inc. SEA XXXX [****] [****] Brunswick Corporation or affiliates thereof SEA RAY Nautique Boat Company, Inc. SKI NAUTIQUE Sportsman Boats Manufacturing, Inc. SPORTSMAN Cobalt Boats, LLC COBALT MasterCraft Boat Company, LLC MASTERCRAFT Nautic Star, LLC NAUTICSTAR Tige Boat, Inc. TIGE Trailer Vendors EZ Loader Boat Trailers, Inc. EZ Loader Custom Boat Trailers, Inc. EZ LOADER Knight Bros., Inc. HERITAGE Karavan Trailers, Inc. KARAVAN Magic Tilt Trailers Inc. MAGIC TILT XxXxxxx Trailers, Inc. XXXXXXX Northeast Marine Industries, Inc. NORTHEAST Roadrunner Trailers of Texas, Inc. ROADRUNNER TRAILER Xxxxxxx Components, Inc. XXXXXX BoatMate Trailers, LLC BOATMATE Load Rite Trailers, LLC LOADRITE Marine Master Trailers, LLC MARINE MASTER Phoenix Trailers, LLC PHOENIX Ram-Lin Custom Trailers, Inc. RAM-LIN Venture Trailers VENTURE W.C. Manufacturing & Specialty Co. WESCO CAROLINA TRAILERS Fourth Amended and Restated Inventory Financing Agreement KCP-8393129-10 Exhibit B Existing Liens
AGENT AND LENDER. OPINION RESEARCH CORPORATION, a Delaware corporation XXXXXX FINANCIAL, INC., a Delaware corporation, as Agent and as a Lender By: /s/ Xxxxxxx X. Xxx By: /s/ Xxxxxxx X. Xxxxxxxxxx Name: Xxxxxxx X. Xxx Name: Xxxxxxx X. Xxxxxxxxxx Title: Secretary and CFO Its: Duly Authorized Signatory ORC, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President SUBSIDIARIES: ORC TELESERVICE CORP., a Delaware corporation ORC PROTEL, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Secretary Title: Secretary MACRO INTERNATIONAL INC., a Delaware corporation SOCIAL AND HEALTH SERVICES, LTD., a Maryland corporation By: /s/ Xxxxxxx X. Xxx By: /s/ Xxxxx X. Xxxxx Name: Xxxxxxx X. Xxx Name: Xxxxx X. Xxxxx Title: Asst. Secretary Title: Secretary ORC TELECOMMUNICATIONS LTD., a Maryland corporation By: /s/ Xxxxxxx X. Xxx Name: Xxxxxxx X. Xxx Title: Secretary Waiver and Eleventh Amendment to Credit Agreement SCHEDULE 1 to Waiver and Eleventh Amendment to Credit Agreement REVISED REVOLVING LOAN COMMITMENTS Lender Revolving Loan Commitment Amount Percentage Xxxxxx Financial, Inc. $ 19,500,000 100.00 % TOTAL $ 19,500,000 100.00 % Waiver and Eleventh Amendment to Credit Agreement
AGENT AND LENDER. The Borrower agrees to pay the cost of such title policies, together with such endorsements as may be reasonably requested by Agent.
AGENT AND LENDER. DEERFIELD PARTNERS, L.P. By: Deerfield Mgmt, L.P., its General Partner By: X.X. Xxxxx Capital, LLC, its General Partner By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory
AGENT AND LENDER. MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent and a Lender By: APOLLO CAPITAL MANAGEMENT, L.P., its investment manager By: APOLLO CAPITAL MANAGEMENT GP, LLC, its general partner By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Authorized Signatory
AGENT AND LENDER. XXXXX FARGO FOOTHILL, INC., a California corporation, as Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx
