Account Number and Location. The undersigned hereby certifies in his capacity as an officer of the Borrower, and not individually, that, immediately before and immediately after giving effect to the Borrowing requested hereby, such Borrowing (and the incurrence or existence of the Liens created pursuant to the Loan Documents) is permitted under all material Debt of Borrower (including (a) the 2009 Senior Note Indenture, including Section 3.10(c) thereof, (b) the 2009 Senior Subordinated Convertible Note Indenture, (c) the Recovery Zone Bonds Loan Agreements, including Section 4.07(c) thereof, (d) the Term Loan Agreement and (e) any other material Debt for Borrowed Money of or binding upon Borrower or its properties) and that no default or event of default thereunder would immediately arise as a result of such Borrowing. NAVISTAR, INC., as Borrower By: Name: Title: 3 Specify a Base Rate Borrowing or a LIBOR Borrowing. 4 The initial Interest Period applicable to a LIBOR Borrowing shall be subject to the definition of “Interest Period”. $[ ] New York, New York [•], 201[•] FOR VALUE RECEIVED, the undersigned, NAVISTAR, INC., a Delaware corporation (the “Borrower”), hereby promises to pay to [ ] (the “Lender”) or its registered assigns, at the office of Bank of America, N.A. (the “Administrative Agent”) at [ADDRESS], on the dates and in the amounts set forth in the Amended and Restated ABL Credit Agreement dated as of August [ ], 2012 (as the same may be amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the Lenders from time to time party thereto, Bank of America, N.A., as administrative agent for the Lenders thereunder (“Bank of America” or, together with any successor administrative agent appointed pursuant thereto, in such capacity and including any permitted successor or assign, the “Administrative Agent”), and the other parties party thereto, in lawful money of the United States of America in immediately available funds, the aggregate unpaid principal amount of all Loans made by the Lender to the Borrower pursuant to the Credit Agreement and to pay interest from the date of such Loans on the principal amount thereof from time to time outstanding, in like funds, at said office, at the rate or rates per annum and payable on the dates provided in the Credit Agreement. Terms used but not defined herein shall have the meanings assigned to them in the Credit Agreement. Borrower promises to pay interest, o...
Account Number and Location. The Borrower hereby represents and warrants that the conditions to lending specified in Sections 3.2(b), (c) and (d) of the Credit Agreement are satisfied as of the date hereof. FRANCESCA’S COLLECTIONS, INC. By: Name: Title: Royal Bank of Canada, as Administrative Agent for the Lenders referred to below 000 Xxx Xxxxxx, 00xx Xxxxx Xxxxx Xxxxx, Xxxxx Xxxx Xxxxx Xxxxxxx, Xxxxxxx X0X0X0 Attention: Manager, Agency [Name and Address of the respective L/C Issuer] [Date]1 Ladies and Gentlemen: Reference is made to the Credit Agreement, dated as of November 17, 2010 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Francesca’s Collections, Inc., as borrower (the “Borrower”), Francesca’s LLC, the other Guarantors from time to time party thereto, the Lenders from time to time party thereto, the L/C Issuer, Royal Bank of Canada, as Administrative Agent, Royal Bank of Canada, as Collateral Agent for the Secured Parties, and the other parties party thereto. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement. Pursuant to Section 2.4 of the Credit Agreement, the Borrower hereby requests that [ ], as L/C Issuer, issue a Letter of Credit for the account of the undersigned, as follows:
Account Number and Location. The Borrower hereby represents and warrants that after giving effect to the Borrowing hereto, the Borrower would have been in compliance with the covenants set forth in Sections 6.10 and 6.11 of the Credit Agreement as of the most recently completed period of four consecutive fiscal quarters for which financial statements have been delivered pursuant to Section 5.04(a) or (b) of the Credit Agreement, as applicable, (whether or not the Borrower was otherwise required to be in compliance with such Sections at such time), using, for purposes of Section 6.11 of the Credit Agreement, the Total Debt outstanding on the Date of Borrowing and after giving effect hereto. 1 Specify the type (i.e., Eurodollar or ABR) of the Borrowing then being requested. ITC^DELTACOM, INC., By: Name: Title: THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT dated as of [—], 2010 (this “Mortgage”), by [—], a [—] corporation, having an office at 0000 Xxx Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx 00000 (the “Mortgagor”), to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., having an office at 000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000 (the “Mortgagee”) as Collateral Agent (as defined below) (on behalf of each of the Administrative Agent, for the ratable benefit of the Bank Secured Parties, the Trustee, for the ratable benefit of the Notes Secured Parties, and the Additional Secured Parties (if any), for the ratable benefit of the Additional Lenders (if any) (as such terms are defined below, and collectively, together with the Collateral Agent, the “First Lien Secured Parties”)).
Account Number and Location. The Borrower hereby represents and warrants to the Administrative Agent and the Lenders that, on the date of the Borrowing requested hereby, the conditions to lending specified in Section 4.02 of the Credit Agreement have been satisfied. TIME WARNER CABLE INC. By: Name: Title: [ ], as Administrative Agent for the Lenders referred to below Ladies and Gentlemen: Reference is made to the Credit Agreement dated as of December 10, 2008 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Time Warner Cable Inc., a Delaware corporation (the “Borrower”), the lenders from time to time party thereto (the “Lenders”) and Time Warner Inc., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. The undersigned, [ ], duly elected and qualified as [ ] of the Borrower, hereby certifies on behalf of the Borrower the following information pursuant to Section 2.10(b)(iii) or Section 4.02(e) of the Credit Agreement.
Account Number and Location. The Borrower hereby agrees that if for any reason the Borrowing shall not be made on the Proposed Borrowing Date, Section 2.14 of the Credit Agreement shall be applicable and the Borrower shall pay any amounts under Section 2.14 of the Credit Agreement that it would be required to pay if the Credit Agreement were effective. 1 Specify an ABR Borrowing or a Eurocurrency Borrowing. 2 The initial Interest Period applicable to a Eurocurrency Borrowing shall be subject to the definition of “Interest Period”. CPG INTERNATIONAL LLC By: Name: Title: To: Jefferies Finance LLC, as Administrative Agent for the Lenders referred to below Ladies and Gentlemen: Reference is made to the Amended and Restated Term Loan Credit Agreement, dated as of June 18, 2018 (as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among CPG International LLC, a Delaware limited liability company (the “Borrower”), the Lenders party thereto from time to time, and Jefferies Finance LLC, as administrative agent (in such capacity, the “Administrative Agent”), and as collateral agent (in such capacity, the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement. This notice constitutes a notice of conversion or notice of continuation, as applicable, under Section 2.05 of the Credit Agreement, and the Borrower hereby irrevocably notifies the Administrative Agent of the following information with respect to the conversion or continuation requested hereby:
Account Number and Location. 1 Must notify the Administrative Agent and Swingline Lender by telephone (confirmed by a Swingline Borrowing Request by telecopy), not later than. 1:00 p.m., Local Time, on the day of a proposed Swingline Borrowing. 2 Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum as indicated in Section 2.02(c) therein. QUALITY DISTRIBUTION, LLC By: Name: Title: Bank of America, N.A., as Administrative Agent for the Lenders referred to below
Account Number and Location. The Borrower hereby represents and warrants to the Administrative Agent and the Lenders that, on the date of the Borrowing set forth herein, the conditions to lending specified in paragraphs (b) and (c) of Section 4.01 of the Credit Agreement shall have been satisfied. The Borrower hereby further represents and warrants to the Administrative Agent and the Lenders that, on the date of the Borrowing set forth herein, and immediately after giving effect thereto, the Borrower would be in Pro Forma Compliance. For purposes of such representation and warranty, the undersigned, in his/her capacity as a Responsible Officer of the Borrower, certifies that the following represent true and accurate calculations, as of the date of this Borrowing Request, to be used to determine whether the Borrower would be in Pro Forma Compliance, after giving effect to the Borrowing set forth herein: Total Debt = [•] EBITDA = [•] Pro Forma Leverage Ratio = [•] to 1.00 Required Leverage Ratio = 5.50 to 1.00 Supporting detail showing the calculation of Total Debt is attached hereto as Schedule 1. Supporting detail showing the calculation of EBITDA is attached hereto as Schedule 2. Rotech Healthcare Inc., By: Name:Title: SECTION 1. DEFINED TERMS 1 1.1 Definitions 1 1.2 Other Definitional Provisions 10
Account Number and Location. (1) Must be notified in writing or by telephone (with such telephonic notification to be confirmed promptly in writing) (i) in the case of a LIBOR Rate Borrowing, not later than 11:00 a.m., New York City time, two (2) Business Days before the Closing Date or (ii) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the Closing Date.
(2) Specify a LIBOR Rate Borrowing or an ABR Borrowing.
(3) The initial Interest Period applicable to a LIBOR Rate Borrowing shall be subject to the definition of “Interest Period”.
Account Number and Location. To request a Swingline Borrowing Borrower shall notify the Administrative Agent and Swingline Lender by telephone (confirmed by a Swingline Borrowing Request by email or facsimile), not later than 2:00 p.m., New York City time, on the day of a proposed Swingline Borrowing.
Account Number and Location. 1 Must be notified in writing or by telephone (with such telephonic notification to be confirmed promptly in writing) (i) in the case of a LIBO Rate Borrowing, not later than 12:00 pm., New York City time, three (3) Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 12:00 p.m., New York City time, on the date of the proposed Borrowing. 2 Not less than an aggregate amount as indicated in Section 2.02(c) of the Credit Agreement and in an integral multiple as indicated therein. [COMPANY NAME] By: Name: Title: Customer’s signature(s) verified Holds CFC Used Hold Placed/Pre-Approved Same-day Credit/Pre-Approved Call-back performed By: Phone Number: Spoke to: Date: Time: RECEIVED BY (Print Name/Phone(Request Only)) INITIALS PROCESSED BY (Print name) INITIALS AUTHORIZED APPROVAL (Print Name) AUTHORIZED SIGNATURE AUTHORIZED APPROVAL (Print Name) AUTHORIZED SIGNATURE $[ ] FOR VALUE RECEIVED, the undersigned, [Party City Holdings Inc., a Delaware corporation, Party City Corporation, a Delaware corporation (together with Party City Holdings Inc., the “Borrowers”)], hereby unconditionally, jointly and severally in accordance with Section 2.24 of the Credit Agreement, promise to pay on demand to [ ] (the “Lender”) or its registered assigns, at the office of JPMorgan Chase Bank, N.A. (the “Administrative Agent”) at 277 Park Avenue, 22nd Floor, New York, NY, 10172, the principal sum of $[ ] or such lesser amount as is outstanding from time to time, on the dates and in the amounts set forth in the ABL Credit Agreement dated as of August 19, 2015 (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among, inter alios, the Borrowers, PC Intermediate Holdings, Inc. a Delaware corporation, the Subsidiaries of the Borrowers from time to time party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent, in lawful money of the United States of America. Each Borrower also promises (on a joint and several basis in accordance with Section 2.24 of the Credit Agreement) to pay interest from the date of such Loans on the principal amount thereof from time to time outstanding, in like funds, at said office, in each case, in the manner and at the rate or rates per annum and payable on the dates provided in the Credit Agreement. Terms used herein but not defined herein shall have the meanings assigned to the...
