Common use of BORROWERS Clause in Contracts

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Its: Authorized Signatory

Appears in 2 contracts

Samples: Credit Agreement and Reaffirmation (Sphere 3D Corp), Credit Agreement and Reaffirmation (Sphere 3D Corp)

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BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANKOVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a California commercial bankLuxembourg limited liability company, as Lender a Guarantor By: /s/ Xxxx Xxxxxxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxxxxxx Title: Manager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: CB CA SPV, LLC, a Delaware limited liability company, as Lender By:/s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Its: Authorized Signatory

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION***] Omitted pursuant to a request for confidential treatment with the SEC. GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION***] Omitted pursuant to a request for confidential treatment with the SEC. LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Geoff Xxxxxx Name: Xxxx Xxxxxxxx Geoff Xxxxxx Its: Authorized SignatorySignatory [***] Omitted pursuant to a request for confidential treatment with the SEC. SCHEDULE A Specified Defaults

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE FOUR TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx NameXame: Xxxx Kurt Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE FOUR TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Andrex Xxxxxx Name: Xxxx Xxxxxxxx Andrex Xxxxxx Its: Authorized Signatory

Appears in 1 contract

Samples: Credit Agreement and Reaffirmation (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] Geschäftsführer GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] OVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: OPUS BANKCB CA SPV, LLC, a California commercial bankDelaware limited liability company, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxxx Xxxxx Name: Xxxx Xxxxxxxx ItsXxxxxx Xxxxx Title: Authorized SignatoryPartner & COO

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] OVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx /s Xxxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxxx Xxxxxx Its: Authorized SignatoryFVP

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGEAMERICAN TIRE DISTRIBUTORS, INC., a California Delaware corporation, as Company and as a U.S. Borrower By: By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, President & CEO AM-PAC TIRE DIST. INC., a California corporation, as a Guarantor By: U.S. Borrower By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D President & CEO ATD ACQUISITION CO. V INC., a corporation organized under the laws of Canada, as a Guarantor By: the Canadian Borrower By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP, CFO, President & CEO [Signature Page to ATD—Sixth Amended and Secretary V3 SYSTEMS Restated Credit Agreement] GUARANTORS: AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as Holdings and a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO ATD ACQUISITION CO. IV, a Delaware corporation, as a U.S. Guarantor ByBy /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO FIRESTONE OF XXXXXX SPRINGS, INC., a Louisiana corporation, as a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO TIRE WHOLESALERS, INC., a Washington corporation and a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO TRIWEST TRADING (CANADA) LTD., a corporation incorporated under the laws of Canada, as a Canadian Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] BANK OF AMERICA, N.A., individually and as Agent, an Issuing Bank, a U.S. Revolving Lender and the U.S. Swingline Lender By /s/ Xxxx Xxxxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANKSenior Vice President BANK OF AMERICA, N.A., (acting through its Canada branch), as an Issuing Bank, a California commercial bankCanadian Revolving Lender, and the Canadian Swingline Lender By /s/ Xxxxxx Sales Xx Xxxxxxx Name: Xxxxxx Sales Xx Xxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] XXXXX FARGO CAPITAL FINANCE, LLC, as a U.S. Revolving Lender By: By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] XXXXX FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Revolving Lender By /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Authorized Signatory [Signatures continue on following page.] [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] BARCLAYS BANK PLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] ROYAL BANK OF CANADA, as a U.S. Revolving Lender By /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Attorney in Fact [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] ROYAL BANK OF CANADA, as a Canadian Revolving Lender By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Signatory [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] UBS LOAN FINANCE LLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director By /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] RBS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a U.S. Revolving Lender By /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] SUNTRUST BANK, as Syndication Agent, a U.S. Revolving Lender, and a Canadian Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] TD BANK, N.A., as a U.S. Revolving Lender By /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] THE TORONTO-DOMINION BANK, as a Canadian Revolving Lender By /s/ Xxx Xxxxx /s/ Xxxx Xxxxx Name: Xxx Xxxxx Xxxx Xxxxx Title: VP Analyst [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] U.S. BANK NATIONAL ASSOCIATION, as a U.S. Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] U.S. BANK NATIONAL ASSOCIATION, Canada branch, as a Canadian Revolving Lender By /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Principal Officer [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] REGIONS BANK, as a U.S. Revolving Lender By /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] COMMITMENT SCHEDULE LENDER U.S. REVOLVING COMMITMENTS CANADIAN REVOLVING COMMITMENTS Bank of America, N.A. $ 278,142,856.93 $ 0 Bank of America, N.A. (acting through its Canada branch) $ 0 $ 21,857,143.07 Xxxxx Fargo Capital Finance, LLC $ 190,000,000.00 $ 0 Xxxxx Fargo Capital Finance Corporation Canada $ 0 $ 15,000,000.00 SunTrust Bank $ 120,109,890.00 $ 9,890,110.00 UBS Loan Finance LLC $ 60,054,945.00 $ 4,945,055.00 Regions Bank $ 50,000,000.00 $ 0 U.S. Bank National Association $ 37,362,637.36 $ 0 U.S. Bank National Association, Canada branch $ 0 $ 2,637,362.64 RBS Business Capital $ 35,000,000.00 $ 0 TD Bank, N.A. $ 32,692,307.69 $ 0 The Toronto-Dominion Bank $ 0 $ 2,307,692.31 Barclays Bank PLC $ 28,021,978.02 $ 1,978,021.98 Royal Bank of Canada $ 18,615,385.00 $ 0 Royal Bank of Canada $ 0 $ 1,384,615.00 TOTAL $ 850,000,000.00 $ 60,000,000.00 Schedule 1.01(a) Existing Letters of Credit Prod Type Beneficiary Instrument Number Liability Amount Expiration Date SLC United States Fire Insurance 68032354 $ 175,000 June 30, 2013 SLC Argonaut Insurance Co. 3014249 $ 125,000 September 30, 2013 SLC Universal Underwriters Insurance 3014979 $ 150,000 October 1, 2013 SLC XL Specialty Insurance Company 7420499 $ 6,394,000 October 1, 2013 SLC The Realty Associates Fund IX, LP 68074350 $ 100,000 April 26, 2013 SLC HEF (NC-SC) QRS 14-86 Inc. 3009036 $ 1,308,693 March 7, 2013 Schedule 1.01(b) Immaterial Subsidiaries Name TriCan Tire Distributors Inc. Schedule 1.01(c) Mortgaged Properties None SCHEDULE 1.01(d) ADDRESS CITY ST ZIP CODE SQUARE FOOTAGE LEASED or OWNED 0000 00xx Xxxxxx Xxxxxxxxxx XX 00000 leased 000 Xxxxxxxxxx Xxxx Xxxx Xxxxxxx XX 00000 100,000 leased 000 Xxx Xxxxxx Boulevard Montgomery AL 36117 72,000 leased 0000 Xxxxxx Xxxx Xxxxxxxx ItsAL 36582 100,000 leased 0000 X. 00xx Xxxxxx X. Xxxxxx Xxxx XX 00000 80,000 leased 0000 Xxxx 00xx Xxxxxx Xxxxxxxxx XX 00000 81,000 leased 0000 Xxxxx 00xx Xxxxxx Xxxxxxx XX 00000 125,643 leased 0000 X. Xxxxxxxx Xxx Xxxxxx XX 00000 100,000 leased 0000 Xxxxxx Xxxx Bakersfield CA 93308 122,486 leased 00000 X. Xxxxxx Xxxxxx Carson CA 90745 94,984 leased 0000 Xxxx Xxxxxx Xxxxx Xxxxx XX 00000 81,330 leased 0000 X. Xxxxxxxx Ave Fresno CA 93725 147,840 leased 0000 Xxxxxxxx Xxxxxx Xxxxxxxx XX 00000 110,000 leased 00000 Xxxxxx Xxxxx Xxxxxx Xxxxxxxxx XX 00000 143,468 leased 0000 Xxxxx Xxxx. Sacramento CA 95838 133,380 leased 000 Xxxx Xxxxxx Xxx Xxxx XX 00000 137,500 leased 00000 Xxxxx Xxxxx Xxxxx Xx Xxxxxxx XX 00000 171,826 leased 0000 Xxxxxxxx Xxx Shafter CA 93263 176,500 leased 000 Xxxxxxxxx Xxxxx Xxxxxxxx Xxxxxxx XX 00000 125,060 leased 0000 X. 00xx Xxxxxx Xxxxxx XX 00000 88,930 leased 0000 Xxxx 00xx Xxxxxx Xxxxxx XX 00000 40,420 leased 0000 Xxxx Xxxxxx Xxxxx Xxxxxxxx XX 00000 82,800 leased 0000 Xxxxxx Xxx. Xxxxxxxxxxxx XX 00000 80,000 leased 00000 Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx XX 00000 144,482 leased 0000 Xxx Xxxx Xxx Ft. Xxxxx FL 33966 46,750 leased 0000 Xxxxxxx Xxxxx Orlando FL 32824 125,775 leased 0000 Xxxxx Xxxxxxxxx Xxxxxxxxx XX 00000 60,650 leased 0000 Xxxxxxx Xxxxxx XX Xxxxxxxxxxx XX 00000 50,000 leased 0000 Xxxxx Xxxxx Xxxxx Xxxxx XX 00000 147,197 leased 0000 Xxxxxx Xxxxxxxxx Augusta GA 30909 80,000 leased 000 Xxxxxx Xx. Xxxxx GA 31008 50,000 leased 0000 Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx XX 00000 84,000 leased 0000 Xxxxxxx Xxxx Drive, Suite 215 Kennessaw GA 30144 100,646 leased 0000 Xxxxx X. Xxxx Blvd. Savannah GA 31405 60,500 leased 0000 Xxxxxxxx Xxxxxxxxxx Xxxx. Xxxxxx XX 00000 105,000 leased 0000 Xxxxxxxx Xxxxxx, Xxxxx 0 Xxx Xxxxxx XX 00000 108,948 leased 0000 X. Xxxxx Xxxxxx Xxxxx XX 00000 70,000 leased 0000 Xxxxx Xxxxx Xx Xxxx IL 60525 233,669 leased 000 Xxxx Xxxxxx Xxxxxx XX 00000 122,500 leased 0000 Xxxxxxx Xxxxxx Xxxx Xxxxxxxxxxxx XX 00000 121,875 leased 0000 X. Xxxxx Xxxxxx Xxxxxxx XX 00000 113,524 leased 8169 and 0000 Xxxxxxxx Xxxxxxxx Xxxxxxxxxx XX 00000 90,000 leased 0000 Xxxxxxxxx Xxxxx, #000 Xxxxx Xxxxx XX 00000 67,500 leased 000 XX Xxx 00 Xx. Xxxxxxx LA 70776 95,000 leased 00000 Xxxxxx Xxxxx Pear River LA 70452 19,000 leased 000 Xxxxxxxxxxxx Xxxx Xxxxxxxx XX 00000 96,126 leased 0000 Xxxxxxx Xxxxx Xxxx Xxxxxxxxx XX 00000 150,403 leased 000 Xxxxxx Xxxx Xxxxxxxxx XX 00000 71,300 owned 00000 Xxx-Xxxxxx Xxxx, Suite 300 Brownstown Township MI 48192 135,751 leased 0000 Xxxx 00xx Xxxxxx Xx. Xxxxx Xxxx XX 00000 121,400 leased 00000 Xxxxxxxxx Xxxxxxxx Xxxxx Xxxxxxxxx XX 00000 123,200 leased 0000 X. Xxxxxxxx Xxxxxx Xxxxxx Xxxx XX 00000 87,560 leased 0000 Xxxxx Xxx Xxxxx Xxxxxxxxxxx XX 00000 60,000 leased 0000 X. Xxx Xxxxx, Xxxx X Xxxxxxxxxxx XX 00000 5,875 leased 000 Xxxxxxx 00 Xxxxx Xxxxxxxx XX 00000 72,634 leased 000 Xxxxx Xxxxxxxxxx Xxxxx Xxxxx XX 00000 60,000 leased 0000 Xxxxxx Xxxxxx Extension Burlington NC 27215 100,800 leased 0000 Xxxxxxxxx Xxxx Xxxxx Xxxxxxxxx XX 00000 156,000 leased 0000 Xxxxxxxxx Xxxx Fayetteville NC 28311 80,000 leased 0000 Xxxxxxxx Xxxx, Xxxx. #0 Xxxxxxxxxx XX 00000 30,000 leased 0000 Xxxxxx Xxxx Xxxx Xxxxxxxxxx XX 00000 270,000 leased 000 Xxxxxxxx Xxxx Xxxxxxxxxx XX 00000 172,224 leased 0000 Xxxxxxxx Xxxx Xxxxx 000 Xxxxxxx XX 00000 81,802 leased 000 Xxxxxxxxx Xxxxx Xxxxx Xxxx XX 00000 100,000 leased 0000 Xxxxxxxxxxxx Xxxxxx Xxxxxxxxxx XX 00000 58,700 leased 0000 Xxxxxxxx Xxxx Xxxxxx XX 00000 88,263 leased 0000 X. Xxxxxxxx Xxx Xxxxxxx XX 00000 222,000 leased 00 Xxxxx 00 Xxxx Xxxxxx XX ,00000 150,678 leased 000 Xxxx Xxxxx Xxxxxxxxxx XX ,00000 112,324 leased 0000 Xxx Xxxxx Xxxx. Xxxxxxxxxxx XX 00000 64,864 leased 0000 X. Xxxx Blvd. Las Vegas NV 89115 86,773 leased 000 Xxxxxxx Xxxxx Sparks NV 89431 79,937 leased 000 Xxxxxxxx Xxxxxxxxx Xxxxxxxx XX 00000 131,547 leased 000 Xxxxxx Xxxx Rochester NY 14624 70,400 leased 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxxx XX 00000 117,104 leased 0000 Xxxxxxxxx Xxxxxx XX Xxxxxx XX 00000 122,792 leased 0000 XxXxxxx Xxxxx Xxxxxxxxx XX 00000 85,158 leased 0000 Xxxxx Xxxxxx Xxxx Oklahoma City OK 73179 94,373 leased 0000 X. Xxxxxxx Road Tulsa OK 74146 127,556 leased 00000 XX Xxxxx Xxxxxx, Suite B Portland OR 97230 64,000 leased 0000 Xxxxxxx Xxxxx Clinton PA 15026 91,203 leased 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxxxx XX 00000 50,500 leased 000 Xxxxxxxx Xxxxx Xxxxxxxx XX 00000 88,858 leased 0000 Xxxx Xxx Florence SC 29501 58,709 leased 000 X. Xxxx Xxxxxx Xxxxxxx XX 00000 72,600 leased 0000 Xxxx Xxxxxx Sioux Falls SD 57104 93,298 leased 0000 Xxxxxxxxx Xxxxx Xxxxxxxxxxx XX 00000 125,000 leased 000 Xxxxxxxx Xxxxx Knoxville TN 37912 75,000 leased 0000 X. Xxxxxxxxxx Rd Memphis TN 38141 89,375 leased 000 Xxxxxxx Xxxxxxxxxx Drive Nashville TN 37211 130,000 leased 000 Xxxxxxx Xxxxx Xxxxx Xxxxx XX 00000 50,000 leased 0000 X. Xxxxxxx Xxxxxx Xxxxxxxx XX 00000 80,000 leased 000 Xxxx Xxxxxx XxxxXxxx Ridge Building four 3B Austin TX 78753 127,612 leased 0000 Xxxxxxx Xxxxx, Xxx. #000 & #000 Xxxxxxxxxx XX 00000 131,298 leased 0000 X. Xxxxxxxxxx Xxxx. Xxxxxx Xxxxxxx XX 00000 80,000 leased 00000 Xxxxxxxxxx, Xxxxx 000 Xx Xxxx XX 00000 84,000 leased 000 Xxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx XX 00000 94,089 leased 0000 Xxxxxx Xxxxxx Xxxxxxx XX 00000 88,000 leased 0000 X. Xxx Xxx. 00 XxXxxxx XX 00000 60,000 leased 0000 Xxxxxxx 00 Xxxxx Xxx Xxxxxx XX 00000 111,182 leased 00000 X. Xxxxx Mountain Road San Antonio TX 78247 130,575 leased 0000 Xxxxx 0000 Xxxx Xxxx Xxxx Xxxx XX 00000 118,886 leased 000 Xxxxx Xxxxx Xxxxxxxxxxxx XX 00000 90,000 leased 00000 Xxxxx X. Xxxxxxx Blvd. Mannassas VA 20110 124,800 leased 0000 Xxxxxxxx Xx. Xxxxxxx XX 00000 79,565 leased 0000 Xxxxxxxxx Xxxxx Richmond VA 23224 99,700 leased 0000 Xxxxxxxx Xxxx Xxxx Xxxxxxx XX 00000 81,000 leased 000 Xxxxxxxx Xxxxxxxx Drive Wytheville VA 24382 36,550 leased 000 0xx Xxxxxx XX Xxxxxx XX 00000 126,034 leased 000 000xx Xxxxxx XX (two adjacent Suites on Xxxxxx Xxxxx) Xxxxxxxx XX 00000 12,287 leased 00000 X. Xxxxxx Xxxxxx Xxxxxxx Xxxxxx XX 00000 110,622 leased 000 Xxxx Xxxxx Oak Creek WI 53154 120,036 leased 000 Xxxxxx Xxxxx Poca WV 25159 77,500 leased 0000 Xxxxxx Xxx Casper WY 82800 82,800 leased Schedule 3.14 Capitalization and Subsidiaries Grantor Interest Issued Record of Beneficial Owner Percentage Ownership American Tire Distributors Holdings, Inc. 50 shares of Common Stock $0.01 par value Accelerate Holdings Corp. 100% American Tire Distributors, Inc. 1,000 shares of Common Stock; $0.01 par value American Tire Distributors Holdings, Inc. 100% Am-Pac Tire Dist. Inc. 1,200 shares of Common Stock; $0.00 par value American Tire Distributors, Inc. 100% Tire Wholesalers, Inc. 100 shares of Common Stock $0.00 par value American Tire Distributors, Inc. 100% ATD Acquisition Co. IV 100 shares of Common Stock; $1.00 par value American Tire Distributors, Inc. 100% Firestone of Xxxxxx Springs, Inc. 3,300 shares of Common Stock $0.00 par value American Tire Distributors, Inc. 100% ATD Acquisition Co. V Inc. 1 share of Common Stock $0.00 par value American Tire Distributors, Inc. 100% Triwest Trading (Canada) Ltd. 10,000 Common Shares ATD Acquisition Co. V Inc. 100% TriCan Tire Distributors Inc. 100 Class A Common Shares Triwest Trading (Canada) Ltd. 100% Schedule 4.01(b) Local Counsel Canada Jurisdiction: Authorized SignatoryLocal Counsel: British Columbia Xxxxxx Xxxxxxx LLP Manitoba Xxxxxx, XxxXxxxx & Xxxxxxxxxxx LLP New Brunswick Xxxxxxx XxXxxxxx Nova Scotia Xxxxxxx XxXxxxxx Saskatchewan XxXxxxxxx Gauley LLP Schedule 6.01 Existing Indebtedness

Appears in 1 contract

Samples: Credit Agreement (ATD Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] OVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: OPUS BANKCB CA SPV, LLC, a California commercial bankDelaware limited liability company, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxxx Xxxxx Name: Xxxx Xxxxxxxx ItsXxxxxx Xxxxx Title: Authorized SignatoryPartner & COO

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANKOVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a California commercial bankLuxembourg limited liability company, as Lender a Guarantor By: /s/ Xxxx Xxxxxxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxx ItsXxxxxxxxxxx Title: Authorized SignatoryManager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: CB CA SPV, LLC, a Delaware limited liability company, as Lender By:/s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Partner & COO

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE FOUR TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Kurt Xxxxxxxxxxx Name: Xxxx Kurt Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE FOUR TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Andrex Xxxxxx Name: Xxxx Xxxxxxxx Andrex Xxxxxx Its: Authorized Signatory

Appears in 1 contract

Samples: Credit Agreement and Reaffirmation (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxx Xxxxxx Its: Authorized SignatorySignatory [SIGNATURE PAGE TO AMENDMENT NUMBER TWO TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO AMENDMENT NUMBER 1, WAIVER AND REAFFIRMATION] SCHEDULE A Specified Defaults

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

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BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx NameKurt Kalxxxxxxxx Xxxe: Xxxx Xxxxxxxxxxx TitleKurt Kalxxxxxxxx Xxxxx: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] OVERLAND TECHNOLOGIES LUXEMBOURG S.À R.L., a Xxxxmbourg limited liability company, as a Guarantor By: /s/ Kurt Kalxxxxxxxx Xxxe: Kurt Kalxxxxxxxx Xxxxx: Manager TANDBERG DATA HOLDINGS S.À R.L., a Xxxxmbourg limited liability company, as a Guarantor By: /s/ Kurt Kalxxxxxxxx Xxxe: Kurt Kalxxxxxxxx Xxxxx: Manager LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Andrew Jxxxxx Name: Xxxx Xxxxxxxx ItsAndrew Jxxxxx Xxx: Authorized Xxthorized Signatory

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxx Xxxxxx Its: Authorized SignatorySignatory [SIGNATURE PAGE TO AMENDMENT NUMBER TWO TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO AMENDMENT NUMBER 1, WAIVER AND REAFFIRMATION] SCHEDULE A Specified Defaults

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California GUARANTORS: corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxxx Xxxxxx Its: Authorized SignatorySignatory SCHEDULE A

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION***] GUARANTORS: Omitted pursuant to a request for confidential treatment with the SEC. OVERLAND STORAGE, INC., a California GUARANTORS: corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxx Xxxxxx Its: Authorized SignatorySignatory [***] Omitted pursuant to a request for confidential treatment with the SEC. SCHEDULE A

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower ByBorrowerBy: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] OVERLAND TECHNOLOGIES LUXEMBOURG S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager TANDBERG DATA HOLDINGS S.À X.X., a Luxembourg limited liability company, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Manager LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Xxxxxx Xxxxxx Name: Xxxx Xxxxxxxx Xxxxxx Xxxxxx Its: Authorized SignatoryFVP

Appears in 1 contract

Samples: Credit Agreement (Sphere 3D Corp)

BORROWERS. OVERLAND STORAGEAMERICAN TIRE DISTRIBUTORS, INC., a California Delaware corporation, as Company and as a U.S. Borrower By: By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, President & CEO AM-PAC TIRE DIST. INC., a California corporation, as a Guarantor By: U.S. Borrower By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D President & CEO ATD ACQUISITION CO. V INC., a corporation organized under the laws of Canada, as a Guarantor By: the Canadian Borrower By /s/ Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxx X. Xxxxx Title: SVP, CFO, President & CEO [Signature Page to ATD—Sixth Amended and Secretary V3 SYSTEMS Restated Credit Agreement] GUARANTORS: AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as Holdings and a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO ATD ACQUISITION CO. IV, a Delaware corporation, as a U.S. Guarantor ByBy /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO FIRESTONE OF XXXXXX SPRINGS, INC., a Louisiana corporation, as a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO TIRE WHOLESALERS, INC., a Washington corporation and a U.S. Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO TRIWEST TRADING (CANADA) LTD., a corporation incorporated under the laws of Canada, as a Canadian Guarantor By /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: President & CEO [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] BANK OF AMERICA, N.A., individually and as Agent, an Issuing Bank, a U.S. Revolving Lender and the U.S. Swingline Lender By /s/ Xxxx Xxxxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxxx Xxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANKSenior Vice President BANK OF AMERICA, N.A., (acting through its Canada branch), as an Issuing Bank, a California commercial bankCanadian Revolving Lender, and the Canadian Swingline Lender By /s/ Xxxxxx Sales Xx Xxxxxxx Name: Xxxxxx Sales Xx Xxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] XXXXX FARGO CAPITAL FINANCE, LLC, as a U.S. Revolving Lender By: By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] XXXXX FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Revolving Lender By /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Authorized Signatory [Signatures continue on following page.] [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] BARCLAYS BANK PLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] ROYAL BANK OF CANADA, as a U.S. Revolving Lender By /s/ Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxx Xxxxxxxx ItsTitle: Attorney in Fact [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] ROYAL BANK OF CANADA, as a Canadian Revolving Lender By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized SignatorySignatory [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] UBS LOAN FINANCE LLC, as a U.S. Revolving Lender and a Canadian Revolving Lender By /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director By /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] RBS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a U.S. Revolving Lender By /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] SUNTRUST BANK, as Syndication Agent, a U.S. Revolving Lender, and a Canadian Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] TD BANK, N.A., as a U.S. Revolving Lender By /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] THE TORONTO-DOMINION BANK, as a Canadian Revolving Lender By /s/ Xxx Xxxxx /s/ Xxxx Xxxxx Name: Xxx Xxxxx Xxxx Xxxxx Title: VP Analyst [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] U.S. BANK NATIONAL ASSOCIATION, as a U.S. Revolving Lender By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] U.S. BANK NATIONAL ASSOCIATION, Canada branch, as a Canadian Revolving Lender By /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Principal Officer [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] REGIONS BANK, as a U.S. Revolving Lender By /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President [Signature Page to ATD—Sixth Amended and Restated Credit Agreement] COMMITMENT SCHEDULE LENDER U.S. REVOLVING COMMITMENTS CANADIAN REVOLVING COMMITMENTS Bank of America, N.A. $ 278,142,856.93 $ 0 Bank of America, N.A. (acting through its Canada branch) $ 0 $ 21,857,143.07 Xxxxx Fargo Capital Finance, LLC $ 190,000,000.00 $ 0 Xxxxx Fargo Capital Finance Corporation Canada $ 0 $ 15,000,000.00 SunTrust Bank $ 120,109,890.00 $ 9,890,110.00 UBS Loan Finance LLC $ 60,054,945.00 $ 4,945,055.00 Regions Bank $ 50,000,000.00 $ 0 U.S. Bank National Association $ 37,362,637.36 $ 0 U.S. Bank National Association, Canada branch $ 0 $ 2,637,362.64 RBS Business Capital $ 35,000,000.00 $ 0 TD Bank, N.A. $ 32,692,307.69 $ 0 The Toronto-Dominion Bank $ 0 $ 2,307,692.31 Barclays Bank PLC $ 28,021,978.02 $ 1,978,021.98 Royal Bank of Canada $ 18,615,385.00 $ 0 Royal Bank of Canada $ 0 $ 1,384,615.00

Appears in 1 contract

Samples: Credit Agreement (American Tire Distributors Holdings, Inc.)

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