CONTINUING AGREEMENT FOR DOCUMENTARY CREDITSContinuing Agreement • February 22nd, 2019
In consideration of Citibank Berhad (Company No. 297089-M) (“Citibank”)’s issuance in Citibank’s sole and absolute discretion, through any of Citibank’s branches, Affiliates, offices, correspondents or other parties Citibank may select in Citibank’s sole and absolute discretion, of the letter of credit (the “Credit”) substantially in accordance with the terms and conditions provided by Applicant on the application or as otherwise requested by Applicant (the “Application”), Applicant unconditionally agrees with Citibank as follows:
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT, dated as of November 4, 2013Continuing Agreement • November 4th, 2013 • Xl Group PLC • Fire, marine & casualty insurance • New York
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the meanings set forth in Section 27.
Continuing Agreement for Standby Letters of CreditContinuing Agreement • January 29th, 2019 • Watford Holdings Ltd. • Fire, marine & casualty insurance • New York
The undersigned applicant (the “Applicant”) is entering into this Continuing Agreement for Standby Letters of Credit (this “Agreement”) in order to induce Lloyds Bank plc (the “Bank”) to issue, at the request of the Applicant from time to time, through the Bank’s office located at 1095 Avenue of the Americas, 34th Floor, New York, NY 10036 (the Bank’s “Issuing Branch”), one or more stand-by letters of credit. Each such stand-by letter of credit, as it may, from time to time, be amended or modified with the consent of the Applicant is hereinafter called, a “Credit”. The Applicant hereby agrees with the Bank as follows with respect to each such Credit:
SECOND AMENDED AND RESTATED CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIP - SUBSIDIARIESContinuing Agreement • December 6th, 2016 • Finish Line Inc /In/ • Retail-shoe stores • Indiana
This second AMENDED AND RESTATED Continuing Agreement of Guaranty and Suretyship - SUBSIDIARIES (this "Guaranty"), dated as of this 30th day of November, 2016, is jointly and severally given by EACH OF THE UNDERSIGNED and jointly and severally given by each of the other Persons which become Guarantors hereunder from time to time (each a "Guarantor" and collectively, the "Guarantors") in favor of PNC Bank, National Association, as administrative agent (the "Administrative Agent") for the Lenders (as herein defined) in connection with that Second Amended and Restated Revolving Credit Facility Credit Agreement, dated as of November 30, 2016, by and among The Finish Line, Inc., an Indiana corporation, The Finish Line USA, Inc., an Indiana corporation, The Finish Line Distribution, Inc., an Indiana corporation, Finish Line Transportation Co., Inc., an Indiana corporation and Spike's Holding, LLC, an Indiana limited liability company (each a "Borrower" and collectively, the "Borrowers"), the
EX-4.2 3 d427415dex42.htm EX-4.2Continuing Agreement • May 5th, 2020 • New York
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT, dated as of September 11, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”)
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDITContinuing Agreement • November 29th, 2016 • Qualcomm Inc/De • Radio & tv broadcasting & communications equipment • New York
To induce you, in your sole discretion from time to time, to issue one or more irrevocable letters of credit at the request of the party(ies) signing as Applicant below (“Applicant”), in substantially such form as Applicant shall request, Applicant unconditionally and irrevocably agrees with you (including to the extent applicable your branches and other affiliates where Applicant requests or authorizes you to issue through such branch or affiliate, “Issuer”), including as to each such letter of credit (each, including any amendment or replacement authorized by its terms or by consent of Applicant, a “Credit”), as follows:
Continuing Agreement ForContinuing Agreement • March 26th, 2009 • New York
To induce JPMorgan Chase Bank, N.A. and/or any of its domestic or foreign subsidiaries or affiliates (individually and collectively, “Bank”) (i) to continue all of the outstanding letters of credit or other independent undertakings issued by Bank for the account of the undersigned Applicant (either prior to the undersigned’s filing of a case under Chapter 11 of the Federal Bankruptcy Code or as debtor or debtor in possession in a case pending under Chapter 11 of the Federal Bankruptcy Code) that are listed on Appendix B hereto as letters of credit deemed to have been issued hereunder by Bank for the account of the undersigned Applicant (collectively the “Existing Letters of Credit”), and
Continuing Agreement For Standby Letters of Credit This Agreement is between Cubic Corporation Cubic Defence New Zealand, Ltd. Cubic Transportation Systems, Australia PTY Ltd., Cubic Transportation Systems, Inc., Cubic Defense Applications, Inc.,...Continuing Agreement • May 3rd, 2012 • Cubic Corp /De/ • Measuring & controlling devices, nec • New York
To induce JPMorgan Chase Bank, N.A. and/or any of its domestic or foreign subsidiaries or affiliates (individually and collectively, “Bank”), in its sole discretion, to issue for the account of the Applicant or for the account of the Account Party named in the Application, one or more standby letters of credit, or other independent undertakings from time to time at the request of the undersigned (individually and collectively, “Applicant”; jointly and severally, if more than one), Applicant agrees as to each letter of credit or undertaking (together with any replacements, extensions or modifications, a “Credit”, collectively, “Credits” ) as follows.
APPENDIX A: CONTINUING AGREEMENT 2Continuing Agreement • October 25th, 2017 • British Columbia
Continuing Agreement Contractor - ElectricalContinuing Agreement • May 12th, 2023
225,000,000 REVOLVING CREDIT FACILITY $100,000,000 TERM LOAN FACILITY SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among II-VI INCORPORATED, as the Borrower and THE GUARANTORS FROM TIME TO TIME PARTY HERETO and THE LENDERS PARTY HERETO and PNC...Continuing Agreement • September 12th, 2013 • Ii-Vi Inc • Optical instruments & lenses • Pennsylvania
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, modified, supplemented or restated, the “Agreement”) is dated as of September 10, 2013 and is made by and among II-VI INCORPORATED, a Pennsylvania corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”).
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDITContinuing Agreement • May 6th, 2009 • Amphenol Corp /De/ • Electronic connectors • New York
To induce you, in your sole and absolute discretion from time to time, to issue one or more irrevocable letters of credit (each, a “Credit”) at the request of the party signing below (“Applicant”) for the account of such Applicant and, in certain cases, also for the account of one or more of its affiliates or subsidiaries (each of whom shall either execute and deliver this Agreement as a joint and several applicant or execute and deliver to you such other documents (such as a guaranty) as you may require), in substantially such form as Applicant shall request, Applicant unconditionally and irrevocably agrees with you (“Issuer”) as to each Credit as follows:
FIRST AMENDMENT TO CONTINUING AGREEMENTContinuing Agreement • October 25th, 2018 • Sherwin Williams Co • Retail-building materials, hardware, garden supply
Westmark Mortgage Corporation ----------------------------- Seller and MorCap, Inc. BuyerContinuing Agreement • March 31st, 1998 • Westmark Group Holdings Inc • Mortgage bankers & loan correspondents • Georgia
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDITContinuing Agreement • December 13th, 2010 • Brinks Co • Arrangement of transportation of freight & cargo • New York
Subject to the terms and conditions of this Agreement, The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch ("Issuer") agrees from time to time during the Availability Period to issue one or more irrevocable standby letters of credit, substantially in the form attached hereto as Exhibit 1 or such other form as Issuer may in its reasonable discretion agree (each, a "Credit" and collectively, the "Credits"); provided that Issuer shall have no obligation to agree to issue any Credit that does not satisfy each of the criteria set forth on Appendix A hereto (the "Baseline Criteria"). The issuance of Credits hereunder shall be up to, but not to exceed, a maximum aggregate principal amount of such Credits at any one time outstanding of Fifty Four Million U.S. Dollars ($54,000,000.00) (as such amount may subsequently be amended at the request of Applicant and agreed to by you in your sole and absolute discretion, and as reduced in accordance with the terms and conditions of this Agreement,
FIRST AMENDMENT TO AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDITContinuing Agreement • February 22nd, 2013 • Cameron International Corp • Oil & gas field machinery & equipment • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDIT (this “First Amendment”) is entered into as of July 2nd, 2012, between CAMERON INTERNATIONAL CORPORATION, a Delaware corporation (“Cameron”) and CITIBANK, N.A., as letter of credit issuer (the “Letter of Credit Issuer”).
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT AND DEMAND GUARANTEES June 29, 2016 (Date)Continuing Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
To induce each of you, during the Commitment Period (as defined below) and subject to the terms and conditions set forth herein, to issue one or more irrevocable letters of credit or demand guarantees at the request of Applicant (as defined below), in substantially such form as Applicant shall request, Applicant unconditionally and irrevocably agrees with you, including as to each Credit (as defined below), as follows:
FORM OF CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIPContinuing Agreement • January 11th, 2010 • Energy Inc. • Natural gas distribution • Ohio
THIS CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIP (together with all amendments, extensions, restatements, renewals, substitutions and replacements hereto or hereof is hereinafter referred to as the “Guaranty”) dated as of January ___, 2010, is made by ENERGY, INC., a Montana corporation (the “Guarantor”), in favor of THE HUNTINGTON NATIONAL BANK (the “Lender”).
Continuing Agreement Contractor - ElectricalContinuing Agreement • July 31st, 2020
CONTINUING AGREEMENT FOR NEGOTIATIONS/COLLECTIONS/ADVANCESContinuing Agreement • February 22nd, 2019
In consideration of Citibank Berhad (Company No. 297089-M) (“Citibank”), in Citibank’s sole and absolute discretion, agreeing to handle the drafts and/or documents as set out in the application or as otherwise requested by Applicant (the “Application”), Applicant unconditionally agrees with Citibank as follows:
SECOND AMENDMENT AND CONSENT TO AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDITContinuing Agreement • February 26th, 2014 • Cameron International Corp • Oil & gas field machinery & equipment • New York
THIS AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDIT is entered into as of February 2, 2012, as amended and restated as of June 28, 2013, among CAMERON INTERNATIONAL CORPORATION, a Delaware corporation (“Cameron”), certain subsidiaries of Cameron, as Subsidiary Applicants, and CITIBANK, N.A., as letter of credit issuer.
THIRD AMENDMENT TO AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDITContinuing Agreement • April 16th, 2014 • Cameron International Corp • Oil & gas field machinery & equipment • New York
This Third Amendment to the Amended and Restated Continuing Agreement for Letters of Credit dated as of April 11, 2014 (this “Amendment”), is entered into among CAMERON INTERNATIONAL CORPORATION, a Delaware corporation (“Cameron”), certain subsidiaries of Cameron, (collectively, the “Subsidiary Applicants”), and CITIBANK, N.A., as letter of credit issuer (the “Letter of Credit Issuer”).
Continuing Agreement Contractor - ElectricalContinuing Agreement • August 4th, 2023
Continuing Agreement Contractor - ElectricalContinuing Agreement • September 1st, 2022
CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIP (CNX Gas and Certain of its Subsidiaries)Continuing Agreement • February 10th, 2011 • CONSOL Energy Inc • Bituminous coal & lignite surface mining • New York
This Continuing Agreement of Guaranty and Suretyship (this “Guaranty”), dated as of this 16th day of June, 2010, is jointly and severally given by each of the UNDERSIGNED and each of the other Persons which become Guarantors hereunder from time to time (each a “Guarantor” and collectively the “Guarantors”) in favor of PNC BANK, NATIONAL ASSOCIATION, in its capacity as the administrative agent for the Lenders, as defined below (the “Administrative Agent”), in connection with that certain Amended and Restated Credit Agreement, dated as of the date hereof, by and among, CONSOL Energy Inc., a Delaware corporation (the “Borrower”), the Guarantors now or hereafter party thereto, the Administrative Agent, Bank of America, N.A. as Syndication Agent, and the Lenders now or hereafter party thereto (as amended, restated, modified, or supplemented from time to time hereafter, the “Credit Agreement”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them
AMENDED AND RESTATED CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIPContinuing Agreement • July 2nd, 2008 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • Pennsylvania
This Amended and Restated Continuing Agreement of Guaranty and Suretyship (the “Guaranty”), dated as of this 26th day of June, 2008, is jointly and severally given by each of the undersigned and each of the other Persons which become Guarantors hereunder from time to time (each a “Guarantor” and collectively the “Guarantors”) in favor of PNC Bank, National Association, as agent for the Banks (the “Agent”) in connection with that Amended and Restated Credit Agreement, dated as of the date hereof, by and among Westmoreland Mining LLC, a Delaware limited liability company (the “Borrower”), the Guarantors now or hereafter party thereto, the Agent, and the Banks now or hereafter party thereto (the “Banks”) (as amended, restated, modified, or supplemented from time to time hereafter, the “Credit Agreement”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them by the Credit Agreement.
CONTINUING AGREEMENT FOR LETTERS OF CREDIT DATED AS OF OCTOBER 15, 2010 AMONG CAMERON INTERNATIONAL CORPORATION AND CERTAIN SCHEDULED SUBSIDIARIES AS APPLICANTS AND CITIBANK, N.A. AS LETTER OF CREDIT ISSUERContinuing Agreement • February 28th, 2011 • Cameron International Corp • Oil & gas field machinery & equipment • New York
THIS CONTINUING AGREEMENT FOR LETTERS OF CREDIT is entered into as of October 15, 2010 among CAMERON INTERNATIONAL CORPORATION, a Delaware corporation ("Cameron"), certain subsidiaries of Cameron, as Subsidiary Applicants, and CITIBANK, N.A., as letter of credit issuer.
BACKGROUNDContinuing Agreement • December 29th, 1998 • Mariner Post Acute Network Inc • Services-skilled nursing care facilities
Continuing Agreement Contractor - ElectricalContinuing Agreement • November 30th, 2021
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT, dated as of November 18, 2010Continuing Agreement • November 18th, 2010 • Arvinmeritor Inc • Motor vehicle parts & accessories • New York
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the meanings set forth in Section 27.
AMENDED AND RESTATED CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIPContinuing Agreement • January 11th, 2010 • Energy Inc. • Natural gas distribution • Ohio
THIS AMENDED AND RESTATED CONTINUING AGREEMENT OF GUARANTY AND SURETYSHIP (together with all amendments, extensions, restatements, renewals, substitutions and replacements hereto or hereof is hereinafter referred to as the “Guaranty”) dated as of December 31, 2009, is made by ONG MARKETING, INC., an Ohio corporation, LIGHTNING PIPELINE COMPANY, INC., an Ohio corporation, LIGHTNING PIPELINE COMPANY II, INC., an Ohio corporation (each of the foregoing, an “Existing Guarantor”), RICHARD M. OSBORNE, an individual resident of Ohio (“Osborne”, and together with each of the Existing Guarantors, each a “Guarantor” and collectively, together with any party which hereafter joins this Guaranty, the “Guarantors”) and THE HUNTINGTON NATIONAL BANK (the “Lender”).
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT dated as of August 4, 2014 between TRIBUNE PUBLISHING COMPANY as the Company and JPMORGAN CHASE BANK, N.A., as L/C IssuerContinuing Agreement • August 7th, 2014 • Tribune Publishing Co • Newspapers: publishing or publishing & printing • New York
This CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT is entered into as of August 4, 2014, between Tribune Publishing Company, a Delaware corporation (as further defined in Section 1.01, the “Company”) and JPMORGAN CHASE BANK, N.A. (“JPMCB”), as L/C Issuer.
CONTINUING AGREEMENT FOR PRIVATE LETTERS OF CREDIT October 14, 1997 To: RZB FINANCE LLC Gentlemen: In consideration of your issuing from time to time, at our request, your Commercial and/or Standby Letters of Credit (herein called individually, the...Continuing Agreement • November 13th, 1997 • Penn Octane Corp • Wholesale-petroleum & petroleum products (no bulk stations) • New York
U.S. $250,000,000 AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDIT DATED AS OF FEBRUARY 2, 2012 AMONG CAMERON INTERNATIONAL CORPORATION AND CERTAIN SCHEDULED SUBSIDIARIES AS APPLICANTS AND CITIBANK, N.A. AS LETTER OF CREDIT ISSUERContinuing Agreement • February 22nd, 2013 • Cameron International Corp • Oil & gas field machinery & equipment • New York
THIS AMENDED AND RESTATED CONTINUING AGREEMENT FOR LETTERS OF CREDIT is entered into as of February 2, 2012 among CAMERON INTERNATIONAL CORPORATION, a Delaware corporation ("Cameron"), certain subsidiaries of Cameron, as Subsidiary Applicants, and CITIBANK, N.A., as letter of credit issuer.
Continuing Agreement Contractor - ElectricalContinuing Agreement • February 24th, 2022
