Credit Agreement And Sample Contracts

FIRST AMENDMENT TO CREDIT AGREEMENT AND INCREMENTAL FACILITY AGREEMENT
Credit Agreement And • February 27th, 2015 • ExlService Holdings, Inc. • Services-business services, nec • New York

This FIRST AMENDMENT TO CREDIT AGREEMENT AND INCREMENTAL FACILITY AGREEMENT, dated as of February 23, 2015 (this “Agreement”), is entered into by and among EXLSERVICE HOLDINGS, INC., a Delaware corporation (the “Borrower”), each of the Subsidiaries of the Borrower party hereto (the “Loan Guarantors”), the lenders party hereto (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

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EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (SUGAR CAMP ENERGY, LLC)
Credit Agreement And • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York

This EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (this “Eighth Amendment”) is entered into as of March 28, 2017 (the “Effective Date”) by and among Sugar Camp Energy, LLC, as borrower (“Borrower”), Foresight Energy LLC, as guarantor (“Guarantor”), the undersigned Lender (constituting all Lenders under the Credit Agreement as of the Eighth Amendment Effective Date), Crédit Agricole Corporate and Investment Bank (formerly known as Calyon New York Branch), as Administrative Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Administrative Agent”), and Crédit Agricole Corporate and Investment Bank Deutschland, Niederlassung Einer Französischen Société Anonyme (formerly known as CALYON Deutschland Niederlassung einer französischen Societé Anonyme), in its capacity as Hermes Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Hermes Agent”).

THIRD AMENDMENT TO CREDIT AGREEMENT AND FORBEARANCE AGREEMENT
Credit Agreement And • November 18th, 2009 • Arthrocare Corp • Electromedical & electrotherapeutic apparatus • New York

THIS THIRD AMENDMENT TO CREDIT AGREEMENT AND FORBEARANCE AGREEMENT (this “Agreement”), dated as of August 14 2009, by and among ArthroCare Corporation, a Delaware corporation (the “Borrower”), ArthroCare Medical Corporation, a Nevada corporation (“Medical”, and together with the Borrower, the “Loan Parties”), the financial institutions party hereto (collectively, the “Lenders”) and Bank of America, N.A., as administrative agent for the Lenders (in such capacity, the “Agent”), Swing Line Lender and L/C Issuer (all capitalized terms used in this Agreement shall have the meanings set forth in the Credit Agreement, unless otherwise defined or the context otherwise requires).

AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER OF DEFAULTS
Credit Agreement And • May 31st, 2005 • Meade Instruments Corp • Optical instruments & lenses

This Fourth Amendment to Amended and Restated Credit Agreement and Limited Waiver of Defaults (this “Amendment”) is dated as of May 27, 2005 (the “Amendment Closing Date”) and entered into by and among Bank of America, N.A., as lender (the “Lender”), with offices at 55 South Lake Avenue, Suite 900, Pasadena, California 91101, and Meade Instruments Corp., a Delaware corporation, Simmons Outdoor Corp., a Delaware corporation, and Coronado Instruments, Inc., a California corporation (such entities being referred to hereinafter each individually as a “Borrower” and collectively, the “Borrowers”).

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND JOINDER
Credit Agreement And • June 19th, 2014 • Panhandle Oil & Gas Inc • Crude petroleum & natural gas • Oklahoma

THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND JOINDER is made effective as of June 17, 2014, by and among PANHANDLE OIL AND GAS INC., formerly named Panhandle Royalty Company, an Oklahoma corporation (referred to herein as the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MIDFIRST BANK, a federally chartered savings association, as Documentation Agent, and BOKF, NA dba Bank of Oklahoma, as Administrative Agent and L/C Issuer.

FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT AND AGREEMENT REGARDING COMMITMENT INCREASE
Credit Agreement And • January 13th, 2023 • Eastgroup Properties Inc • Real estate investment trusts • New York

THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, modified, extended or restated from time to time, the “Agreement”) is made and entered into as of June 29, 2021 (the “Effective Date”), by and among EASTGROUP PROPERTIES, L.P., a Delaware limited partnership, and EASTGROUP PROPERTIES, INC., a Maryland corporation, jointly and severally (collectively, the “Borrower”), the financial institutions (including PNC, the “Lenders”) which are now or may hereafter become signatories hereto, PNC BANK, NATIONAL ASSOCIATION, a national banking association (“PNC”), as Administrative Agent for the Lenders (in such capacity, “Agent”), REGIONS BANK, as Syndication Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., and U.S. BANK NATIONAL ASSOCIATION and TD BANK, N.A., as Co-Documentation Agents and PNC CAPITAL MARKETS LLC, as Sustainability Agent.

FOURTH AMENDMENT TO CREDIT AGREEMENT AND NEGATIVE PLEDGE AGREEMENT
Credit Agreement And • February 6th, 2014 • dELiAs, Inc. • Retail-catalog & mail-order houses • New York

This FOURTH AMENDMENT TO CREDIT AGREEMENT AND NEGATIVE PLEDGE AGREEMENT (this “Amendment”) is entered into as of February 4, 2014, among DELIA*S, INC., a Delaware corporation (the “Lead Borrower”), the Persons named on Schedule 1.01 to the Credit Agreement referred to below (collectively, together with the Lead Borrower, the “Borrowers”), the Persons named on Schedule 1.02 to the Credit Agreement referred to below (collectively, the “Guarantors”), each lender party hereto (collectively, the “Lenders” and individually, a “Lender”), and SALUS CAPITAL PARTNERS, LLC, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”).

CONSENT AND ELEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND ELEVENTH AMENDMENT TO AMENDED AND RESTATED CASH DIVERSION AND COMMITMENT FEE GUARANTY
Credit Agreement And • May 5th, 2021 • Sunrun Inc. • Heating equip, except elec & warm air; & plumbing fixtures • New York

This CONSENT AND ELEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND ELEVENTH AMENDMENT TO AMENDED AND RESTATED CASH DIVERSION AND COMMITMENT FEE GUARANTY, dated as of March 25, 2021 (this “Amendment”), is entered into among the undersigned in connection with (a) that certain Second Amended and Restated Credit Agreement, dated as of March 27, 2018, among Sunrun Hera Portfolio 2015-A, LLC, a Delaware limited liability company, as Borrower (the “Borrower”), the financial institutions as Lenders from time to time party thereto (the “Lenders”), and Silicon Valley Bank, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”) and ING Capital LLC, as Issuing Bank (in such capacity, the “Issuing Bank”) (the “Credit Agreement” and as amended by this Amendment, the “Amended Credit Agreement”) and (b) the Cash Diversion and Commitment Fee Guaranty (as in effect prior to the date hereof, the “Guaranty” and as amended by this Amendment, the “Amended

AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO SECURITY AGREEMENT
Credit Agreement And • April 4th, 2014 • Grifols SA • Pharmaceutical preparations • New York

AMENDMENT AGREEMENT TO CREDIT AGREEMENT AND SECURITY AGREEMENT, dated as of March 17, 2014 (this “Amendment”), by and among GRIFOLS WORLDWIDE OPERATIONS USA, INC. (the “U.S. Borrower”), GRIFOLS WORLDWIDE OPERATIONS LIMITED (the “Foreign Borrower”), GRIFOLS, S.A. (the “Parent”), each of the other Loan Parties named on the signature pages hereto, the Lenders named on the signature pages hereto and DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as administrative agent (in such capacity and including any successors, the “Administrative Agent”), and as collateral agent. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided to such terms in the Credit Agreement (as defined below) as the context may require.

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND EXTENSION AND INCREASE AGREEMENT
Credit Agreement And • July 5th, 2013 • Enbridge Energy Partners Lp • Pipe lines (no natural gas) • New York

This AMENDMENT NO. 2 TO CREDIT AGREEMENT AND EXTENSION AND INCREASE AGREEMENT, dated as of July 3, 2013 (this “Amendment”), is by and among ENBRIDGE ENERGY PARTNERS, L.P., a Delaware limited partnership (the “Borrower”), each Person designated on the signature pages hereto as an “Extending Lender” (collectively, the “Extending Lenders”), each Person designated on the signature pages hereto as a “New Lender” (collectively, the “New Lenders”) and each Person designated on the signature pages hereto as an “Exiting Lender” (collectively, the “Exiting Lenders”) and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Swing Line Lender and an L/C Issuer.

FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT AND CONFIDENTIAL SIDE LETTER
Credit Agreement And • February 17th, 2011 • Brown Shoe Co Inc • Footwear, (no rubber) • New York

This First Amendment to Third Amended and Restated Credit Agreement and Confidential Side Letter (the “First Amendment”) is made as of February 17 2011, by and among

CONSENT AND TENTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND TENTH AMENDMENT TO AMENDED AND RESTATED CASH DIVERSION AND COMMITMENT FEE GUARANTY
Credit Agreement And • February 25th, 2021 • Sunrun Inc. • Heating equip, except elec & warm air; & plumbing fixtures • New York

This CONSENT AND TENTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND TENTH AMENDMENT TO AMENDED AND RESTATED CASH DIVERSION AND COMMITMENT FEE GUARANTY, dated as of November 23, 2020 (this “Amendment”), is entered into among the undersigned in connection with (a) that certain Second Amended and Restated Credit Agreement, dated as of March 27, 2018, among Sunrun Hera Portfolio 2015-A, LLC, a Delaware limited liability company, as Borrower (the “Borrower”), the financial institutions as Lenders from time to time party thereto (the “Lenders”), and Investec Bank PLC, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”) and as Issuing Bank (in such capacity, the “Issuing Bank”) (the “Credit Agreement” and as amended by this Amendment, the “Amended Credit Agreement”) and (b) the Cash Diversion and Commitment Fee Guaranty (as in effect prior to the date hereof, the “Guaranty” and as amended by this Amendment, the “Amended Guaranty”). Capitaliz

FIRST AMENDMENT TO CREDIT AGREEMENT AND SECURITY AGREEMENT
Credit Agreement And • March 30th, 2005 • Lexar Media Inc • Photographic equipment & supplies • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND SECURITY AGREEMENT (this “Amendment”), dated as of March 9, 2005, entered into by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation (“WFF”), as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), and LEXAR MEDIA, INC., a Delaware corporation (“Borrower”).

FIRST AMENDMENT TO CREDIT AGREEMENT AND COLLATERAL AGREEMENT
Credit Agreement And • May 5th, 2017 • OMNICELL, Inc • Electronic computers • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND COLLATERAL AGREEMENT (this “First Amendment”), dated as of April 11, 2017, is entered into by and among OMNICELL, INC., a Delaware corporation (the “Borrower”), each Subsidiary Guarantor (as defined in the Credit Agreement (as defined below)) party hereto; each Lender (as defined in the Credit Agreement) party hereto; and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders under the Credit Agreement (the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Credit Agreement.

FIRST AMENDMENT TO FORBEARANCE AGREEMENT, THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENT
Credit Agreement And • November 17th, 2011 • Aquilex Holdings LLC • Services-miscellaneous repair services • New York
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT; AND AMENDMENT NO. 1 TO GUARANTEE AND COLLATERAL AGREEMENT AND CERTAIN OTHER LOAN DOCUMENTS
Credit Agreement; And • December 21st, 2012 • Affinion Group Holdings, Inc. • Services-business services, nec • New York

This Amendment No. 2 to Amended and Restated Credit Agreement; and Amendment No. 1 to Guarantee and Collateral Agreement and Certain Other Loan Documents (collectively, this “Amendment No. 2”), dated as of December 21, 2012, is by and among Affinion Group Holdings, Inc., a Delaware corporation (“Holdings”), Affinion Group, Inc., a Delaware corporation (the “Borrower”), each Subsidiary of the Borrower that is a Subsidiary Loan Party (as defined in the Credit Agreement referred to below) (the “Subsidiary Guarantors”), Bank of America, N.A. (“Bank of America”), as Administrative Agent for the Lenders party to the Credit Agreement referred to below (in such capacity, the “Existing Administrative Agent”), as Collateral Agent for the Secured Parties under the Security Documents (as each such term is defined in the Credit Agreement) (in such capacity, the “Existing Collateral Agent”), as Swingline Lender under the Credit Agreement (in such capacity, the “Existing Swingline Lender”) and as Iss

OMNIBUS AMENDMENT NO. 1
Credit Agreement And • June 8th, 2012 • Tesoro Corp /New/ • Petroleum refining • Illinois

This OMNIBUS AMENDMENT NO. 1 to FIFTH AMENDED AND RESTATED CREDIT AGREEMENT and AMENDED AND RESTATED SECURITY AGREEMENT (the “Amendment”), dated as of June 6, 2012, is entered into by and among Tesoro Corporation (the “Borrower”), the Subsidiaries of the Borrower party hereto (the “Subsidiary Guarantors”), the financial institutions listed on the signature pages hereof (the “Lenders”), and JPMorgan Chase Bank, National Association, as Administrative Agent (the “Agent”) under the below-defined Credit Agreement . Each capitalized term used herein and not otherwise defined herein shall have the meaning given to it in the below-defined Credit Agreement.

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