Common use of Acknowledgment of Guarantors Clause in Contracts

Acknowledgment of Guarantors. The undersigned (collectively, the "Guarantors") hereby acknowledge and agree to the amendments to the Revolving Credit and Security Agreement (the "Credit Agreement") contained in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"), acknowledge and reaffirm their respective obligations owing to the Agents and the Lenders under their respective Guaranties, and agree that their respective Guaranties are and shall remain in full force and effect with respect to the Obligations under the Credit Agreement, as amended by the Amendment. Although the Guarantors have been informed of the matters set forth herein and have acknowledged and agreed to the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors of such matters in the future nor any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement, and nothing herein shall create such a duty. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit Agreement, as amended by the Amendment. NEWEGG ENTERPRISES LLC, a Delaware limited liability company By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President NEWEGG TECH INC., a Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President XXXXXXXXXX.XXX, INC., a New Jersey corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC., an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPC, INC., a Tennessee corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Lianluo Smart LTD), Revolving Credit and Security Agreement (Lianluo Smart LTD)

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Acknowledgment of Guarantors. The undersigned (collectively, the "Guarantors") hereby acknowledge and agree to the amendments to the Revolving Credit and Security Agreement (the "Credit Agreement") contained in the attached First Second Amendment to Revolving Credit and Security Agreement and Consent (the "Amendment"), acknowledge and reaffirm their respective obligations owing to the Agents and the Lenders under their respective Guaranties, and agree that their respective Guaranties are and shall remain in full force and effect with respect to the Obligations under the Credit Agreement, as amended by the Amendment. Although the Guarantors have been informed of the matters set forth herein and have acknowledged and agreed to the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors of such matters in the future nor any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement, and nothing herein shall create such a duty. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit Agreement, as amended by the Amendment. NEWEGG ENTERPRISES LLC., a Delaware limited liability company corporation By: /s/ Xxxx Xx XXXXXX XXXXX Name: Jing (aka Xxxxx) Wu XXXXXX XXXXX Title: President C.F.O NEWEGG TECH TECH, INC., a Delaware corporation By: /s/ Xxxx Xx XXXXXX XXXXX Name: Jing (aka Xxxxx) Wu XXXXXX XXXXX Title: President C.F.O XXXXXXXXXX.XXX, INC., a New Jersey corporation By: /s/ Xxxx Xx XXXXXX XXXXX Name: Jing (aka Xxxxx) Wu XXXXXX XXXXX Title: President C.F.O Acknowledgment of Guarantors NUTREND AUTOMOTIVE AUTOMOTIVE, INC., an a Delaware corporation By: /s/ Xxxx Xx XXXXXX XXXXX Name: Jing (aka Xxxxx) Wu XXXXXX XXXXX Title: President C.F.O TNOPC, INC., a Tennessee corporation By: /s/ Xxxx Xx XXXXXX XXXXX Name: Jing (aka Xxxxx) Wu XXXXXX XXXXX Title: President C.F.O Acknowledgment of Guarantors

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement and Consent (Lianluo Smart LTD), Revolving Credit and Security Agreement and Consent (Lianluo Smart LTD)

Acknowledgment of Guarantors. The Each of the undersigned Guarantors hereby executes this Amendment to evidence its agreement to the modification of the Loan Documents to which it is a party and to confirm that each Loan Document (collectivelyas the same may be amended or amended and restated, as the case may be, pursuant to and in connection with this Amendment) to which it is a party or otherwise bound remains in full force and effect and that all Collateral encumbered thereby will continue to secure, to the fullest extent possible, the "Guarantors") hereby acknowledge payment and agree to the amendments to the Revolving Credit performance of all “Obligations”, “Secured Obligations” and Security Agreement “Guaranteed Obligations” (the "Credit Agreement") contained in each case as such term is defined in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"applicable Loan Document), acknowledge including without limitation the payment and reaffirm their respective obligations owing to performance of all such “Obligations”, “Secured Obligations” and “Guaranteed Obligations” in respect of the Agents Obligations now or hereafter existing under or in respect of the Credit Agreement and the Lenders other Loan Documents. The Guarantors specifically reaffirm and extend their obligations under each of their respective Guarantiesapplicable Guaranties to cover all indebtedness evidenced by the Credit Agreement as same has been created, amended and/or restated by or in connection with this Amendment. The Guaranties and agree that their respective Guaranties are and all the terms thereof shall remain in full force and effect with respect and the Guarantors hereby acknowledge and agree that same are valid and existing and that each of the Guarantors’ obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment, except as expressly provided herein. Each Guarantor hereby represents and warrants that all representations and warranties contained in this Amendment and the other Loan Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the dated of this Amendment, except to the Obligations extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. The Agent on behalf of the Lenders hereby preserves all its rights against each Guarantor under its applicable Guaranty and the other Loan Documents to which each applicable Guarantor is a party. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to the effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement, as amended by this Amendment or any other Loan Document to consent to the Amendment. Although the Guarantors have been informed amendments of the matters set forth herein Credit Agreement effected pursuant to this Amendment; and have acknowledged and agreed (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors consent of such matters in the future nor Guarantor to any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement. ACCU-TEMP GP, INC. ACCU-TEMP LP, INC. ACI MECHANICAL, INC. ACORN INDUSTRIAL, LLC, by Comfort Systems USA (MidAtlantic), LLC, as Sole Managing Member AIR SYSTEMS ENGINEERING, INC. AIRTEMP, INC. ARC COMFORT SYSTEMS USA, INC. ATLAS-ACCURATE HOLDINGS, L.L.C., by CS53 Acquisition Corp., as Sole Managing Member ATLAS COMFORT SYSTEMS USA, L.L.C., by Xxxx Mechanical Corporation, as Sole Managing Member XXXXXXXXX’X MECHANICAL CONTRACTORS, LLC, by H & M Mechanical, Inc., as Sole Managing Member BCM CONTROLS CORPORATION COLONIALWEBB CONTRACTORS COMPANY CALIFORNIA COMFORT SYSTEMS USA, INC. COMFORT SYSTEMS USA (ARKANSAS), INC. COMFORT SYSTEMS USA (BALTIMORE), LLC, by Xxxx Mechanical Corporation, as Sole Managing Member COMFORT SYSTEMS USA (BRISTOL), INC. COMFORT SYSTEMS USA ENERGY SERVICES, INC. COMFORT SYSTEMS USA G.P., INC. COMFORT SYSTEMS USA (INTERMOUNTAIN), INC. COMFORT SYSTEMS USA (KENTUCKY), INC. COMFORT SYSTEMS USA (MIDATLANTIC), LLC, by Xxxxxxxxxxxx Brothers, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MIDWEST), LLC, by Plant Services Incorporated, as Sole Managing Member COMFORT SYSTEMS USA NATIONAL ACCOUNTS, LLC, by Accu-Temp LP, Inc., as Managing Member COMFORT SYSTEMS USA (OHIO), INC. COMFORT SYSTEMS USA PUERTO RICO, INC. COMFORT SYSTEMS USA (SOUTH CENTRAL), INC. COMFORT SYSTEMS USA (SOUTHEAST), INC. COMFORT SYSTEMS USA (SOUTHWEST), INC. COMFORT SYSTEMS USA (SYRACUSE), INC. COMFORT SYSTEMS USA (TEXAS), L.P., by Comfort Systems USA G.P., Inc., as general partner COMFORT SYSTEMS USA (TWIN CITIES), INC. COMFORT SYSTEMS USA (WESTERN MICHIGAN), INC. CONTROL CONCEPTS, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CONTROL CONCEPTS MECHANICAL SERVICES, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CS53 ACQUISITION CORP. DELCARD ASSOCIATES, LLC, by Seasonair, Inc., as Sole Managing Member DESIGN MECHANICAL INCORPORATED XXXXXXXXXX & XXXXX MECHANICAL AND SHEET METAL CONTRACTORS, LLC, by X.X. Xxxxxxxx Company, Inc., as Sole Managing Member DYNA TEN CORPORATION DYNA TEN MAINTENANCE SERVICES, LLC EASTERN HEATING & COOLING, INC. EASTERN REFRIGERATION CO., INC. GRANITE STATE HOLDINGS COMPANY, INC. GRANITE STATE PLUMBING & HEATING, LLC, by Granite State Holdings Company, Inc., as Sole Managing Member H&M MECHANICAL, INC. HELM CORPORATION XXXX MECHANICAL CORPORATION XXXXXX RIVER HEATING AND COOLING, INC. H-VAC SUPPLY, L.L.C., by Comfort Systems USA Puerto Rico, Inc., as Sole Managing Member MECHANICAL TECHNICAL SERVICES, INC. MERIT MECHANICAL, INC. MJ MECHANICAL SERVICES, INC. NORTH AMERICAN MECHANICAL, INC. PLANT SERVICES INCORPORATED QUALITY AIR HEATING & COOLING, INC. XXXXXXXXXXXX BROTHERS, INC. S.I. XXXXXXX COMPANY, INC. X.X. XXXXXXXX COMPANY, INC. SA ASSOCIATES, INC. SALMON & ALDER, L.L.C., by SA Associates, Inc., as Sole Managing Member SEASONAIR, INC. TEMP RIGHT SERVICE, INC. THE CAPITAL REFRIGERATION COMPANY By: /s/ Xxxxx XxXxxxx Xxxxx XxXxxxx Senior Vice President, General Counsel, and nothing herein shall create such Secretary XXXXX FARGO BANK, NATIONAL ASSOCIATION, Agent and a duty. All capitalized terms used in this Acknowledgment Lender By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Senior Vice President Address: Xxxxx Fargo Bank, National Association 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx X. Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CAPITAL ONE, N.A., Lender By: /s/ Yasmin Elhatib Name: Xxxxxx Xxxxxxxx Title: Vice President Address: Capital One, N.A. 0000 Xxxxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BOKF, NA dba Bank of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementTexas, as amended by the Amendment. NEWEGG ENTERPRISES LLCLender By: /s/ H. Xxxx Xxxxxxxx Name: H. Xxxx Xxxxxxxx Title: Senior Vice President Address: BOKF, a Delaware limited liability company NA dba Bank of Texas 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 REGIONS BANK, Lender By: /s/ Xxxx Xx Xxxxxx Name: Jing (aka Xxxxx) Wu Xxxx Xxxxxx Title: Senior Vice President NEWEGG TECH INC.Address: Regions Bank 0000 Xxxxxxx Xxxxx, a Delaware corporation Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BRANCH BANK AND TRUST COMPANY, Lender By: /s/ Xxxx Xx Xxxxxxxxx Xxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxxxxx Xxxxxx Title: Vice President XXXXXXXXXX.XXXAddress: Branch Bank and Trust Company 000 Xxxx Xxxxxx Xxxxxx, INC.00xx Xxxxx Xxxxxxx-Xxxxx, a New Jersey corporation Xxxxx Xxxxxxxx 00000 Attention: Xxxx Xxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 U.S. BANK NATIONAL ASSOCIATION, Lender By: /s/ Xxxx Xx Xxxxxxx X Xxxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxxx X Xxxxxxx Title: Vice President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC.Address: U.S. Bank National Association 000 Xxxxxx Xx. XX-XX-X0 Xxxxxxxxxx, an Delaware corporation Xxxx 00000 Attention: Xxxxxxx Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CADENCE BANK, N.A., Lender By: /s/ H. Xxxx Xx Xxxxx, Xx. Name: Jing (aka H. Xxxx Xxxxx) Wu , Xx. Title: Executive Vice President TNOPCAddress: Cadence Bank, INC.N.A. 0000 Xxxx Xxx Xxxxxxxxx, a Tennessee corporation ByXxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: /s/ Xxxx Xx NameXxxxx Telephone: Jing (aka Xxxxx) Wu Title000-000-0000 Fax: President Acknowledgment of Guarantors000-000-0000

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Acknowledgment of Guarantors. The Each of the undersigned Guarantors hereby executes this Amendment to evidence its agreement to the modification of the Loan Documents to which it is a party and to confirm that each Loan Document (collectivelyas the same may be amended or amended and restated, as the case may be, pursuant to and in connection with this Amendment) to which it is a party or otherwise bound remains in full force and effect and that all Collateral encumbered thereby will continue to secure, to the fullest extent possible, the "Guarantors") hereby acknowledge payment and agree to the amendments to the Revolving Credit performance of all “Obligations”, “Secured Obligations” and Security Agreement “Guaranteed Obligations” (the "Credit Agreement") contained in each case as such term is defined in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"applicable Loan Document), acknowledge including without limitation the payment and reaffirm their respective obligations owing to performance of all such “Obligations”, “Secured Obligations” and “Guaranteed Obligations” in respect of the Agents Obligations now or hereafter existing under or in respect of the Credit Agreement and the Lenders other Loan Documents. The Guarantors specifically reaffirm and extend their obligations under each of their respective Guarantiesapplicable Guaranties to cover all indebtedness evidenced by the Credit Agreement as same has been created, amended and/or restated by or in connection with this Amendment. The Guaranties and agree that their respective Guaranties are and all the terms thereof shall remain in full force and effect with respect and the Guarantors hereby acknowledge and agree that same are valid and existing and that each of the Guarantors’ obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment, except as expressly provided herein. Each Guarantor hereby represents and warrants that all representations and warranties contained in this Amendment and the other Loan Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the dated of this Amendment, except to the Obligations extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. The Agent on behalf of the Lenders hereby preserves all its rights against each Guarantor under its applicable Guaranty and the other Loan Documents to which each applicable Guarantor is a party. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to the effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement, as amended by this Amendment or any other Loan Document to consent to the Amendment. Although the Guarantors have been informed amendments of the matters set forth herein Credit Agreement effected pursuant to this Amendment; and have acknowledged and agreed (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors consent of such matters in the future nor Guarantor to any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement. ACCU-TEMP GP, and nothing herein shall create such a dutyINC. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementACCU-TEMP LP, INC. ACI MECHANICAL, INC. ACORN INDUSTRIAL, LLC, by Comfort Systems USA (MidAtlantic), LLC, as amended Sole Managing Member AIR SYSTEMS ENGINEERING, INC. AIRTEMP, INC. ARC COMFORT SYSTEMS USA, INC. ATLAS-ACCURATE HOLDINGS, L.L.C., by the Amendment. NEWEGG ENTERPRISES CS53 Acquisition Corp., as Sole Managing Member XXXXXXXXX’X MECHANICAL CONTRACTORS, LLC, by Comfort Systems USA (Mid South), Inc., as Sole Managing Member BCH HOLDINGS, INC. BCH LEASING, LLC, by BCH Holdings, Inc., as Sole Managing Member BCH MECHANICAL, L.L.C., by BCH Holdings, Inc., as Sole Managing Member BCM CONTROLS CORPORATION CALIFORNIA COMFORT SYSTEMS USA, INC. CENTURY MECHANICAL SOLUTIONS, INC. COLONIALWEBB CONTRACTORS COMPANY COMFORT SYSTEMS USA (ARKANSAS), INC. COMFORT SYSTEMS USA (BALTIMORE), LLC, by Xxxx Mechanical, LLC as Sole Managing Member COMFORT SYSTEMS USA (BRISTOL), INC. COMFORT SYSTEMS USA ENERGY SERVICES, INC. COMFORT SYSTEMS USA G.P., INC. COMFORT SYSTEMS USA (INDIANA), LLC, by Comfort Systems USA Strategic Accounts, LLC, as Sole Managing Member COMFORT SYSTEMS USA (INTERMOUNTAIN), INC. COMFORT SYSTEMS USA (KENTUCKY), INC. COMFORT SYSTEMS USA (MIDATLANTIC), LLC, by Xxxxxxxxxxxx Brothers, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MIDWEST), LLC, by ACI Mechanical, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MID SOUTH), INC. COMFORT SYSTEMS USA (NORTHWEST), INC. COMFORT SYSTEMS USA (OHIO), INC. COMFORT SYSTEMS USA PUERTO RICO, INC. COMFORT SYSTEMS USA (SOUTH CENTRAL), INC. COMFORT SYSTEMS USA (SOUTHEAST), INC. COMFORT SYSTEMS USA (SOUTHWEST), INC. COMFORT SYSTEMS USA STRATEGIC ACCOUNTS, LLC, by Accu-Temp LP, Inc., as Managing Member COMFORT SYSTEMS USA (SYRACUSE), INC. COMFORT SYSTEMS USA (TEXAS), L.P., by Comfort Systems USA G.P., Inc., as general partner CONSERV BUILDING SERVICES, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF ALABAMA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF GEORGIA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF NORTH CAROLINA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF TENNESSEE, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF TEXAS, LLC, by BCH Holdings, Inc., as Sole Managing Member CONTROL CONCEPTS, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CONTROL CONCEPTS MECHANICAL SERVICES, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CSUSA (10), LLC, by Comfort Systems USA, Inc., as Sole Managing Member CS53 ACQUISITION CORP. DELCARD ASSOCIATES, LLC, by Seasonair, Inc., as Sole Managing Member DESIGN MECHANICAL INCORPORATED DYNA TEN CORPORATION DYNA TEN MAINTENANCE SERVICES, LLC EASTERN HEATING & COOLING, INC. EASTERN REFRIGERATION CO., INC. ENVIRONMENTAL AIR SYSTEMS, LLC, by CSUSA (10), LLC, as Sole Managing Member ENVIROTROL, LLC, by Environmental Air Systems, LLC, as Sole Managing Member GRANITE STATE HOLDINGS COMPANY, INC. GRANITE STATE PLUMBING & HEATING, LLC, by Granite State Holdings Company, Inc., as Sole Managing Member HELM CORPORATION XXXX MECHANICAL, LLC, by Seasonaire, Inc., as Sole Managing Member MECHANICAL TECHNICAL SERVICES, INC. MJ MECHANICAL SERVICES, INC. NORTH AMERICAN MECHANICAL, INC. QUALITY AIR HEATING & COOLING, INC. XXXXXXXXXXXX BROTHERS, INC. ROYALAIRE HOLDINGS, LLC, by BCH Holdings, Inc., as Sole Managing Member ROYALAIRE MECHANICAL SERVICES, LLC, by BCH Holdings, Inc., as Sole Managing Member ROYALAIRE MECHANICAL SERVICES II, LLC, by BCH Holdings, Inc., as Sole Managing Member S.I. XXXXXXX COMPANY, INC. X.X. XXXXXXXX COMPANY, INC. SEASONAIR, INC. SHOFFNERKALTHOFF MES, INC. TEMP RIGHT SERVICE, INC. By: /s/ Xxxxxxx Xxxxxx III Xxxxxxx Xxxxxx III Vice President and Assistant Secretary ADVANCE TECHNOLOGY, INC. ARSTECTUM, INC. By: /s/ Xxxxx X. XxXxxxx Name: Xxxxx X. XxXxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Agent and a Delaware limited liability company Lender By: /s/ Xxxx Xx X. Xxxxxxx Xxxx X. Xxxxxxx Senior Vice President Address: Xxxxx Fargo Bank, National Association 0000 Xxxxxxxxx, 00xx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxx X. Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BOKF, NA dba Bank of Texas, Lender By: /s/ Xxxxx Xxxxx Name: Jing (aka Xxxxx) Wu Xxxxx Xxxxx Title: Senior Vice President NEWEGG TECH INC.Address: BOKF, a Delaware corporation NA dba Bank of Texas 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CAPITAL ONE, N.A., Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Address: Capital One, N.A. 0000 Xxxxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BRANCH BANK AND TRUST COMPANY, Lender By: /s/ Xxxx Xx XxXxxx Name: Jing (aka Xxxxx) Wu Xxxx XxXxxx Title: Senior Vice President XXXXXXXXXX.XXXAddress: Branch Bank and Trust Company 000 Xxxx Xxxxxx, Xxx. 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx XxXxxx Telephone: 000-000-0000 Fax: 000-000-0000 REGIONS BANK, Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director Address: Regions Bank 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 U.S. BANK NATIONAL ASSOCIATION, Lender By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President Address: U.S. Bank National Association 000 Xxxxxx Xx. XX-XX-X0 Xxxxxxxxxx, Xxxx 00000 Attention: Xxxx Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 SUNTRUST BANK, Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Director Address: SunTrust Xxxxxxxx Xxxxxxxx 000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: Xxxx Xxxxxx Telephone: 000-000-0000 CADENCE BANK, N.A., Lender By: /s/ H. Xxxx Xxxxx, Xx. Name: H. Xxxx Xxxxx, Xx. Title: Executive Vice President Address: Cadence Bank, N.A. 0000 Xxxx Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000 ANNEX I TO AMENDMENT NO. 5 SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among COMFORT SYSTEMS USA, INC., a New Jersey corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment as Borrower and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent XXXXX FARGO SECURITIES, LLC, as Sole Lead Arranger and Sole Lead Bookrunner BOKF NA, dba Bank of Guarantors NUTREND AUTOMOTIVE INC.Texas and Capital One, an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPCN.A., INC.as Co-Syndication Agents Branch Banking and Trust Company, a Tennessee corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantorsas Documentation Agent and CERTAIN FINANCIAL INSTITUTIONS as Lenders $400,000,000 July 16, 2010 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND REFERENCES 1

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Acknowledgment of Guarantors. The Each of the undersigned Guarantors hereby executes this Amendment to evidence its agreement to the modification of the Loan Documents to which it is a party and to confirm that each Loan Document (collectivelyas the same may be amended or amended and restated, as the case may be, pursuant to and in connection with this Amendment) to which it is a party or otherwise bound remains in full force and effect and that all Collateral encumbered thereby will continue to secure, to the fullest extent possible, the "Guarantors") hereby acknowledge payment and agree to the amendments to the Revolving Credit performance of all “Obligations”, “Secured Obligations” and Security Agreement “Guaranteed Obligations” (the "Credit Agreement") contained in each case as such term is defined in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"applicable Loan Document), acknowledge including without limitation the payment and reaffirm their respective obligations owing to performance of all such “Obligations”, “Secured Obligations” and “Guaranteed Obligations” in respect of the Agents Obligations now or hereafter existing under or in respect of the Credit Agreement and the Lenders other Loan Documents. The Guarantors specifically reaffirm and extend their obligations under each of their respective Guarantiesapplicable Guaranties to cover all indebtedness evidenced by the Credit Agreement as same has been created, amended and/or restated by or in connection with this Amendment. The Guaranties and agree that their respective Guaranties are and all the terms thereof shall remain in full force and effect with respect and the Guarantors hereby acknowledge and agree that same are valid and existing and that each of the Guarantors’ obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment, except as expressly provided herein. Each Guarantor hereby represents and warrants that all representations and warranties contained in this Amendment and the other Loan Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the dated of this Amendment, except to the Obligations extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. The Agent on behalf of the Lenders hereby preserves all its rights against each Guarantor under its applicable Guaranty and the other Loan Documents to which each applicable Guarantor is a party. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to the effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement, as amended by this Amendment or any other Loan Document to consent to the Amendment. Although the Guarantors have been informed amendments of the matters set forth herein Credit Agreement effected pursuant to this Amendment; and have acknowledged and agreed (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors consent of such matters in the future nor Guarantor to any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement. ACCU-TEMP GP, and nothing herein shall create such a dutyINC. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementACCU-TEMP LP, INC. ACI MECHANICAL, INC. ACORN INDUSTRIAL, LLC, by Comfort Systems USA (MidAtlantic), LLC, as amended Sole Managing Member AIR SYSTEMS ENGINEERING, INC. AIRTEMP, INC. ARC COMFORT SYSTEMS USA, INC. ATLAS-ACCURATE HOLDINGS, L.L.C., by the AmendmentCS53 Acquisition Corp., as Sole Managing Member ATLAS COMFORT SYSTEMS USA, INC. NEWEGG ENTERPRISES ATLAS COMFORT SYSTEMS USA, L.L.C., by Xxxx Mechanical Corporation, as Sole Managing Member XXXXXXXXX’X MECHANICAL CONTRACTORS, LLC, by H & M Mechanical, Inc., as Sole Managing Member BCM CONTROLS CORPORATION COLONIALWEBB CONTRACTORS COMPANY CALIFORNIA COMFORT SYSTEMS USA, INC. COMFORT SYSTEMS USA (ARKANSAS), INC. COMFORT SYSTEMS USA (BALTIMORE), LLC, by Xxxx Mechanical Corporation, as Sole Managing Member COMFORT SYSTEMS USA (BRISTOL), INC. COMFORT SYSTEMS USA ENERGY SERVICES, INC. COMFORT SYSTEMS USA G.P., INC. COMFORT SYSTEMS USA (INTERMOUNTAIN), INC. COMFORT SYSTEMS USA (KENTUCKY), INC. COMFORT SYSTEMS USA (MIDATLANTIC), LLC, by Xxxxxxxxxxxx Brothers, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MIDWEST), LLC, by Plant Services Incorporated, as Sole Managing Member COMFORT SYSTEMS USA NATIONAL ACCOUNTS, LLC, by Accu-Temp LP, Inc., as Managing Member COMFORT SYSTEMS USA (OHIO), INC. COMFORT SYSTEMS USA PUERTO RICO, INC. COMFORT SYSTEMS USA (SOUTH CENTRAL), INC. COMFORT SYSTEMS USA (SOUTHEAST), INC. COMFORT SYSTEMS USA (SOUTHWEST), INC. COMFORT SYSTEMS USA (SYRACUSE), INC. COMFORT SYSTEMS USA (TEXAS), L.P., by Comfort Systems USA G.P., Inc., as general partner COMFORT SYSTEMS USA (TWIN CITIES), INC. COMFORT SYSTEMS USA (WESTERN MICHIGAN), INC. CONTROL CONCEPTS, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CONTROL CONCEPTS MECHANICAL SERVICES, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CS53 ACQUISITION CORP. DELCARD ASSOCIATES, LLC, by Seasonair, Inc., as Sole Managing Member DESIGN MECHANICAL INCORPORATED XXXXXXXXXX & XXXXX MECHANICAL AND SHEET METAL CONTRACTORS, LLC, by X.X. Xxxxxxxx Company, Inc., as Sole Managing Member EASTERN HEATING & COOLING, INC. EASTERN REFRIGERATION CO., INC. GRANITE STATE HOLDINGS COMPANY, INC. GRANITE STATE PLUMBING & HEATING, LLC, by Granite State Holdings Company, Inc., as Sole Managing Member H&M MECHANICAL, INC. HELM CORPORATION XXXX MECHANICAL CORPORATION XXXXXX RIVER HEATING AND COOLING, INC. H-VAC SUPPLY, L.L.C., by Comfort Systems USA Puerto Rico, Inc., as Sole Managing Member MECHANICAL TECHNICAL SERVICES, INC. MERIT MECHANICAL, INC. MJ MECHANICAL SERVICES, INC. NORTH AMERICAN MECHANICAL, INC. PLANT SERVICES INCORPORATED QUALITY AIR HEATING & COOLING, INC. XXXXXXXXXXXX BROTHERS, INC. S.I. XXXXXXX COMPANY, INC. X.X. XXXXXXXX COMPANY, INC. SA ASSOCIATES, INC. SALMON & ALDER, L.L.C., by SA Associates, Inc., as Sole Managing Member SEASONAIR, INC. TEMP-RIGHT SERVICE, INC. THE CAPITAL REFRIGERATION COMPANY By: /s/ Xxxxxxx Xxxxxx III Xxxxxxx Xxxxxx III Vice President and Assistant Secretary XXXXX FARGO BANK, NATIONAL ASSOCIATION, Agent and a Delaware limited liability company Lender By: /s/ Xxxx Xx Xxxxx Name: Jing (aka Xxxxx) Wu Xxxx Xxxxx Title: Senior Vice President NEWEGG TECH INC.Address: Xxxxx Fargo Bank, a Delaware corporation National Association 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxx — MacT0002-032 Telephone: 000-000-0000 Fax: 000-000-0000 CAPITAL ONE, N.A., Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President Address: Capital One, N.A. 0000 Xxxxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BOKF, NA dba BANK OF TEXAS, Lender By: /s/ H. Xxxxxxx Xxxxxxxx Name: H. Xxxxxxx Xxxxxxxx Title: Senior Vice President Address: BOKF, NA dba Bank of Texas 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000 REGIONS BANK, Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President Address: Regions Bank 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BRANCH BANK & TRUST COMPANY, Lender By: /s/ Xxxx Xx XxXxxx Name: Jing (aka Xxxxx) Wu Xxxx XxXxxx Title: Senior Vice President XXXXXXXXXX.XXXAddress: Branch Bank & Trust Company 000 Xxxx Xxxxxx Xxxxxx, INC.00xx Xxxxx Xxxxxxx-Xxxxx, a New Jersey corporation ByXxxxx Xxxxxxxx 00000 Attention: /s/ Xxxx Xx NameXxxxx Xxxxxxxxx Telephone: Jing (aka Xxxxx) Wu Title000-000-0000 Fax: President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC., an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPC, INC., a Tennessee corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors000-000-0000

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Acknowledgment of Guarantors. The undersigned (collectively, the "Guarantors") hereby acknowledge and agree to the amendments to amendment of the Revolving Third Amended and Restated Credit and Security Agreement (the "Credit Agreement") contained in the attached First Fourth Amendment to Revolving Third Amended and Restated Credit and Security Agreement (the "Amendment"), acknowledge and reaffirm their respective obligations owing to the Agents and the Lenders under their respective Guaranties, and agree that their respective Guaranties are and shall remain in full force and effect with respect to the Obligations under the Credit Agreement, as amended by the Amendment. Although the Guarantors have been informed of the matters set forth herein and have acknowledged and agreed to the same, the Guarantors understand that neither any the Administrative Agent nor any Lender has any obligation to inform the Guarantors of such matters in the future nor any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement, and nothing herein shall create such a duty. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit Agreement. Dated: As of June 7, as amended by the Amendment. NEWEGG ENTERPRISES LLC, a Delaware limited liability company By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President NEWEGG TECH INC.2013 AECOM TECHNOLOGY CORPORATION, a Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President XXXXXXXXXX.XXXAECOM GOVERNMENT SERVICES, INC., a New Jersey California corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC., an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPCAECOM TECHNICAL SERVICES, INC., a Tennessee California corporation TISHMAN CONSTRUCTION CORPORATION, a Delaware corporation AECOM NATIONAL SECURITY PROGRAMS, INC., a Virginia corporation By: /s/ Xxxx Xx Xxxxxx Xxxxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxx Xxxxxxxx Title: President Acknowledgment of GuarantorsAttorney-in-fact

Appears in 1 contract

Samples: Credit Agreement (Aecom Technology Corp)

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Acknowledgment of Guarantors. The Each of the undersigned Guarantors hereby executes this Amendment to evidence its agreement to the modification of the Loan Documents to which it is a party and to confirm that each Loan Document (collectivelyas the same may be amended or amended and restated, as the case may be, pursuant to and in connection with this Amendment) to which it is a party or otherwise bound remains in full force and effect and that all Collateral encumbered thereby will continue to secure, to the fullest extent possible, the "Guarantors") hereby acknowledge payment and agree to the amendments to the Revolving Credit performance of all “Obligations”, “Secured Obligations” and Security Agreement “Guaranteed Obligations” (the "Credit Agreement") contained in each case as such term is defined in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"applicable Loan Document), acknowledge including without limitation the payment and reaffirm their respective obligations owing to performance of all such “Obligations”, “Secured Obligations” and “Guaranteed Obligations” in respect of the Agents Obligations now or hereafter existing under or in respect of the Credit Agreement and the Lenders other Loan Documents. The Guarantors specifically reaffirm and extend their obligations under each of their respective Guarantiesapplicable Guaranties to cover all indebtedness evidenced by the Credit Agreement as same has been created, amended and/or restated by or in connection with this Amendment. The Guaranties and agree that their respective Guaranties are and all the terms thereof shall remain in full force and effect with respect and the Guarantors hereby acknowledge and agree that same are valid and existing and that each of the Guarantors’ obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment, except as expressly provided herein. Each Guarantor hereby represents and warrants that all representations and warranties contained in this Amendment and the other Loan Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the dated of this Amendment, except to the Obligations extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. The Agent on behalf of the Lenders hereby preserves all its rights against each Guarantor under its applicable Guaranty and the other Loan Documents to which each applicable Guarantor is a party. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to the effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement, as amended by this Amendment or any other Loan Document to consent to the Amendment. Although the Guarantors have been informed amendments of the matters set forth herein Credit Agreement effected pursuant to this Amendment; and have acknowledged and agreed (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors consent of such matters in the future nor Guarantor to any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement. ACCU-TEMP GP, and nothing herein shall create such a dutyINC. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementACCU-TEMP LP, INC. ACI MECHANICAL, INC. ACORN INDUSTRIAL, LLC, by Comfort Systems USA (MidAtlantic), LLC, as amended Sole Managing Member AIR SYSTEMS ENGINEERING, INC. AIRTEMP, INC. ARC COMFORT SYSTEMS USA, INC. ATLAS-ACCURATE HOLDINGS, L.L.C., by the Amendment. NEWEGG ENTERPRISES CS53 Acquisition Corp., as Sole Managing Member ATLAS COMFORT SYSTEMS USA, L.L.C., by Xxxx Mechanical, LLC, as Sole Managing Member XXXXXXXXX’X MECHANICAL CONTRACTORS, LLC, by H & M Mechanical, Inc., as Sole Managing Member BCM CONTROLS CORPORATION COLONIALWEBB CONTRACTORS COMPANY CALIFORNIA COMFORT SYSTEMS USA, INC. COMFORT SYSTEMS USA (ARKANSAS), INC. COMFORT SYSTEMS USA (BALTIMORE), LLC, by Xxxx Mechanical, LLC as Sole Managing Member COMFORT SYSTEMS USA (BRISTOL), INC. COMFORT SYSTEMS USA ENERGY SERVICES, INC. COMFORT SYSTEMS USA G.P., INC. COMFORT SYSTEMS USA (INDIANA), LLC, by Comfort Systems USA Strategic Accounts, LLC, as Sole Managing Member COMFORT SYSTEMS USA (INTERMOUNTAIN), INC. COMFORT SYSTEMS USA (KENTUCKY), INC. COMFORT SYSTEMS USA (MIDATLANTIC), LLC, by Xxxxxxxxxxxx Brothers, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MIDWEST), LLC, by Plant Services Incorporated, as Sole Managing Member COMFORT SYSTEMS USA (OHIO), INC. COMFORT SYSTEMS USA PUERTO RICO, INC. COMFORT SYSTEMS USA (SOUTH CENTRAL), INC. COMFORT SYSTEMS USA (SOUTHEAST), INC. COMFORT SYSTEMS USA (SOUTHWEST), INC. COMFORT SYSTEMS USA STRATEGIC ACCOUNTS, LLC, by Accu-Temp LP, Inc., as Managing Member COMFORT SYSTEMS USA (SYRACUSE), INC. COMFORT SYSTEMS USA (TEXAS), L.P., by Comfort Systems USA G.P., Inc., as general partner COMFORT SYSTEMS USA (WESTERN MICHIGAN), INC. CONTROL CONCEPTS, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CONTROL CONCEPTS MECHANICAL SERVICES, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CSUSA (10), LLC, by Comfort Systems USA, Inc., as Sole Managing Member CS53 ACQUISITION CORP. DELCARD ASSOCIATES, LLC, by Seasonair, Inc., as Sole Managing Member DESIGN MECHANICAL INCORPORATED DYNA TEN CORPORATION DYNA TEN MAINTENANCE SERVICES, LLC EASTERN HEATING & COOLING, INC. EASTERN REFRIGERATION CO., INC. ENVIRONMENTAL AIR SYSTEMS, LLC, by CSUSA (10), LLC, as Sole Managing Member ENVIROTROL, LLC, by Environmental Air Systems, LLC, as Sole Managing Member GRANITE STATE HOLDINGS COMPANY, INC. GRANITE STATE PLUMBING & HEATING, LLC, by Granite State Holdings Company, Inc., as Sole Managing Member H & M MECHANICAL, INC. HELM CORPORATION XXXX MECHANICAL, LLC, by Seasonair, Inc., as Sole Managing Member XXXXXX RIVER HEATING AND COOLING, INC. H-VAC SUPPLY, L.L.C., by Comfort Systems USA Puerto Rico, Inc., as Sole Managing Member MECHANICAL TECHNICAL SERVICES, INC. MERIT MECHANICAL, INC. MJ MECHANICAL SERVICES, INC. NORTH AMERICAN MECHANICAL, INC. PLANT SERVICES INCORPORATED QUALITY AIR HEATING & COOLING, INC. XXXXXXXXXXXX BROTHERS, INC. S.I. XXXXXXX COMPANY, INC. X.X. XXXXXXXX COMPANY, INC. SA ASSOCIATES, INC. SALMON & ALDER, L.L.C., by SA Associates, Inc., as Sole Managing Member SEASONAIR, INC. XXXXXXXX ACQUISITION CORP. SHOFFNERKALTHOFF MECHANICAL ELECTRICAL SERVICE, INC. XXXXXXXX MECHANICAL SERVICES, INC. SKMES, INC. TEMP RIGHT SERVICE, INC. By: /s/ Xxxxxxx Xxxxxx III Xxxxxxx Xxxxxx III Vice President and Assistant Secretary XXXXX FARGO BANK, NATIONAL ASSOCIATION, Agent and a Delaware limited liability company Lender By: /s/ Xxxx Xx X. Xxxxxxx Xxxx X. Xxxxxxx Senior Vice President Address: Xxxxx Fargo Bank, National Association 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxx X. Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BOKF, NA dba Bank of Texas, Lender By: /s/ H. Xxxxxxx Xxxxxxxx Name: Jing (aka Xxxxx) Wu H. Xxxxxxx Xxxxxxxx Title: Senior Vice President NEWEGG TECH INC.Address: BOKF, a Delaware corporation NA dba Bank of Texas 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CAPITAL ONE, N.A., Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President / Underwriter IV Address: Capital One, N.A. 0000 Xxxxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BRANCH BANK AND TRUST COMPANY, Lender By: /s/ Xxxx Xx XxXxxx Name: Jing (aka Xxxxx) Wu Xxxx XxXxxx Title: Senior Vice President XXXXXXXXXX.XXXAddress: Branch Bank and Trust Company 000 Xxxx Xxxxxx, INC.Xxx. 0000 Xxxxxxx, a New Jersey corporation Xxxxx 00000 Attention: Xxxx XxXxxx Telephone: 000-000-0000 Fax: 000-000-0000 REGIONS BANK, Lender By: /s/ Xxxx Xx Xxxxxx Name: Jing (aka Xxxxx) Wu Xxxx Xxxxxx Title: Senior Vice President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC.Address: Regions Bank 0000 Xxxxxxx Xxxxx, an Delaware corporation Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 U.S. BANK NATIONAL ASSOCIATION, Lender By: /s/ Xxxx Xx Xxxxxxx X. Xxxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxxx X. Xxxxxxx Title: Vice President TNOPCAddress: U.S. Bank National Association 000 Xxxxxx Xx. XX-XX-X0 Xxxxxxxxxx, INC.Xxxx 00000 Attention: Xxxxxxx Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 SUNTRUST BANK, a Tennessee corporation Lender By: /s/ Xxxx Xx Xxxxxxx X’Xxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxxx X’Xxxxxx Title: Director Address: SunTrust Xxxxxxxx Xxxxxxxx 0000 Xxxxxxxxx Xxxx XX, 0xx Xxxxx Xxxxxxx, Xxxxxxx 00000 Attention: Xxxx Xxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CADENCE BANK, N.A., Lender By: /s/ H. Xxxx Xxxxx, Xx. Name: H. Xxxx Xxxxx, Xx. Title: Executive Vice President Acknowledgment of GuarantorsAddress: Cadence Bank, N.A. 0000 Xxxx Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Acknowledgment of Guarantors. The undersigned (collectively, the "Guarantors") hereby acknowledge and agree to the amendments to amendment of the Revolving Second Amended and Restated Credit and Security Agreement (the "Credit Agreement") contained in the attached First Second Amendment to Revolving Second Amended and Restated Credit and Security Agreement (the "Amendment"), acknowledge and reaffirm their respective obligations owing to the Agents and the Lenders under their respective Guarantiesthe Master Guaranty and Intercreditor Agreement and any other Loan Documents to which they are parties, and agree that their respective Guaranties the Master Guaranty and Intercreditor Agreement and such other Loan Documents are and shall remain in full force and effect with respect to the Obligations under the Credit Agreement, as amended by the Amendmenteffect. Although the Guarantors have been informed of the matters set forth herein and have acknowledged and agreed to the same, the Guarantors understand that neither any the Administrative Agent nor any Lender has any obligation to inform the Guarantors of such matters in the future nor any obligation or to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement, and nothing herein shall create such a duty. All capitalized terms used in this Acknowledgment Dated: As of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementJune 25, as amended by the Amendment. NEWEGG ENTERPRISES LLC2010 AECOM GLOBAL, INC., a Delaware limited liability company By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President NEWEGG TECH corporation AECOM GOVERNMENT SERVICES, INC., a Delaware corporation AECOM SERVICES, INC. (formerly known as DMJM H&N, Inc.), a California corporation AECOM USA, INC. (formerly known as DMJM+Xxxxxx, Inc.),, a New York corporation AECOM TECHNICAL SERVICES, INC. (formerly known as Earth Tech, Inc.), a California corporation AECOM, INC. (formerly known as ENSR Corporation), a Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President XXXXXXXXXX.XXXXxxx Xxxx Xxxx Senior Vice President, INC., a New Jersey corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC., an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPC, INC., a Tennessee corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of GuarantorsCorporate Finance and General Counsel

Appears in 1 contract

Samples: Credit Agreement (Aecom Technology Corp)

Acknowledgment of Guarantors. The Each of the undersigned Guarantors hereby executes this Amendment to evidence its agreement to the modification of the Loan Documents to which it is a party and to confirm that each Loan Document (collectivelyas the same may be amended or amended and restated, as the case may be, pursuant to and in connection with this Amendment) to which it is a party or otherwise bound remains in full force and effect and that all Collateral encumbered thereby will continue to secure, to the fullest extent possible, the "Guarantors") hereby acknowledge payment and agree to the amendments to the Revolving Credit performance of all “Obligations”, “Secured Obligations” and Security Agreement “Guaranteed Obligations” (the "Credit Agreement") contained in each case as such term is defined in the attached First Amendment to Revolving Credit and Security Agreement (the "Amendment"applicable Loan Document), acknowledge including without limitation the payment and reaffirm their respective obligations owing to performance of all such “Obligations”, “Secured Obligations” and “Guaranteed Obligations” in respect of the Agents Obligations now or hereafter existing under or in respect of the Credit Agreement and the Lenders other Loan Documents. The Guarantors specifically reaffirm and extend their obligations under each of their respective Guarantiesapplicable Guaranties to cover all indebtedness evidenced by the Credit Agreement as same has been created, amended and/or restated by or in connection with this Amendment. The Guaranties and agree that their respective Guaranties are and all the terms thereof shall remain in full force and effect with respect and the Guarantors hereby acknowledge and agree that same are valid and existing and that each of the Guarantors’ obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment, except as expressly provided herein. Each Guarantor hereby represents and warrants that all representations and warranties contained in this Amendment and the other Loan Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the dated of this Amendment, except to the Obligations extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. The Agent on behalf of the Lenders hereby preserves all its rights against each Guarantor under its applicable Guaranty and the other Loan Documents to which each applicable Guarantor is a party. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to the effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement, as amended by this Amendment or any other Loan Document to consent to the Amendment. Although the Guarantors have been informed amendments of the matters set forth herein Credit Agreement effected pursuant to this Amendment; and have acknowledged and agreed (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the same, the Guarantors understand that neither any Agent nor any Lender has any obligation to inform the Guarantors consent of such matters in the future nor Guarantor to any obligation to seek the Guarantors' acknowledgement or agreement to future amendments to the Credit Agreement. ACCU-TEMP GP, and nothing herein shall create such a dutyINC. All capitalized terms used in this Acknowledgment of Guarantors without definition shall have the respective meanings set forth for such terms in the Credit AgreementACCU-TEMP LP, INC. ACI MECHANICAL, INC. ACORN INDUSTRIAL, LLC, by Comfort Systems USA (MidAtlantic), LLC, as amended by the AmendmentSole Managing Member ADVANCE TECHNOLOGY, INC. NEWEGG ENTERPRISES AIR SYSTEMS ENGINEERING, INC. AIRTEMP, INC. ARC COMFORT SYSTEMS USA, INC. ARSTECTUM, INC. BCH HOLDINGS, INC. BCH LEASING, LLC, by BCH Holdings, Inc., as Sole Managing Member BCH MECHANICAL, L.L.C., by BCH Holdings, Inc., as Sole Managing Member BCM CONTROLS CORPORATION BUILDING TEMPERATURE SOLUTIONS, LLC CALIFORNIA COMFORT SYSTEMS USA, INC. COLONIALWEBB CONTRACTORS COMPANY COMFORT SYSTEMS USA (ARKANSAS), INC. COMFORT SYSTEMS USA (BALTIMORE), LLC, by Xxxx Mechanical, LLC as Sole Managing Member COMFORT SYSTEMS USA G.P., INC. COMFORT SYSTEMS USA (INDIANA), LLC, by Comfort Systems USA Strategic Accounts, LLC, as Sole Managing Member COMFORT SYSTEMS USA (INTERMOUNTAIN), INC. COMFORT SYSTEMS USA (KENTUCKY), INC. COMFORT SYSTEMS USA (MIDATLANTIC), LLC, by Xxxxxxxxxxxx Brothers, Inc., as Sole Managing Member COMFORT SYSTEMS USA (MID SOUTH), INC. COMFORT SYSTEMS USA (NORTHWEST), INC. COMFORT SYSTEMS USA (OHIO), INC. COMFORT SYSTEMS USA (SOUTH CENTRAL), INC. COMFORT SYSTEMS USA (SOUTHEAST), INC. COMFORT SYSTEMS USA (SOUTHWEST), INC. COMFORT SYSTEMS USA STRATEGIC ACCOUNTS, LLC, by Accu-Temp LP, Inc., as Managing Member COMFORT SYSTEMS USA (SYRACUSE), INC. COMFORT SYSTEMS USA (TEXAS), L.P., by Comfort Systems USA G.P., Inc., as general partner CONSERV BUILDING SERVICES, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF ALABAMA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF GEORGIA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF NORTH CAROLINA, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF TENNESSEE, LLC, by BCH Holdings, Inc., as Sole Managing Member CONSERV BUILDING SERVICES OF TEXAS, LLC, by BCH Holdings, Inc., as Sole Managing Member CONTROL CONCEPTS, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CONTROL CONCEPTS MECHANICAL SERVICES, LLC, by Comfort Systems USA (Southeast), Inc., as Sole Managing Member CSUSA (10), LLC, by Comfort Systems USA, Inc., as Sole Managing Member DELCARD ASSOCIATES, LLC, by Seasonair, Inc., as Sole Managing Member DESIGN MECHANICAL INCORPORATED XXXXXXX, LLC XXXXXXX GROUP, INC. XXXXXXX GROUP LEASING CO., LLC D/B/A GRP LEASING CO., LLC DYNA TEN CORPORATION DYNA TEN MAINTENANCE SERVICES, LLC EASTERN HEATING & COOLING, INC. ENVIRONMENTAL AIR SYSTEMS, LLC, by CSUSA (10), LLC, as Sole Managing Member ENVIROTROL, LLC, by Environmental Air Systems, LLC, as Sole Managing Member X.X. XXXXXXX, LLC GENEREX, LLC GRANITE STATE HOLDINGS COMPANY, INC. GRANITE STATE PLUMBING & HEATING, LLC, by Granite State Holdings Company, Inc., as Sole Managing Member XXXX MECHANICAL, LLC, by Seasonair, Inc., as Sole Managing Member MECHANICAL TECHNICAL SERVICES, INC. MJ MECHANICAL SERVICES, INC. NORTH AMERICAN MECHANICAL, INC. OFF, LLC PREMIER PREFABRICATION SOLUTIONS, LLC QUALITY AIR HEATING & COOLING, INC. XXXXXXXXXXXX BROTHERS, INC. ROYALAIRE HOLDINGS, LLC, by BCH Holdings, Inc., as Sole Managing Member ROYALAIRE MECHANICAL SERVICES, LLC, by BCH Holdings, Inc., as Sole Managing Member ROYALAIRE MECHANICAL SERVICES II, LLC, by BCH Holdings, Inc., as Sole Managing Member S.I. XXXXXXX COMPANY, INC. X.X. XXXXXXXX COMPANY, INC. SEASONAIR, INC. SHOFFNERKALTHOFF MES, INC. TEMP RIGHT SERVICE, INC. XXXXXX ELECTRIC, INCORPORATED XXXXXX TX HOLDING COMPANY, LLC XXXXXX ENGINEERING, INC. XXXXXX ELECTRICAL CONTRACTORS, INC. XXXXXX LOGISTICS, LLC XXXXXX SERVICE GROUP, LLC XXXXXX INDUSTRIAL, LLC D/B/A XXXXXX CONTROLS By: /s/ Xxxxxxx Xxxxxx III Xxxxxxx Xxxxxx III Vice President and Assistant Secretary XXXXX FARGO BANK, NATIONAL ASSOCIATION, Agent and a Delaware limited liability company Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Senior Vice President Address: Xxxxx Fargo Bank, National Association 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx X. Xxxxx Telephone: 000-000-0000 Fax: 000-000-0000 CAPITAL ONE, N.A., Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Address: Capital One, N.A. 0000 Xxxxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 TRUIST BANK, Lender By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Vice President Address: Truist Bank 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000-0000 Attention: Xxxx XxXxxx Telephone: 000-000-0000 Fax: 000-000-0000 U.S. BANK NATIONAL ASSOCIATION, Lender By: /s/ Xxxx Xx X. Xxxxxxx Name: Jing (aka Xxxxx) Wu Xxxx X. Xxxxxxx Title: Vice President NEWEGG TECH INC.Address: U.S. Bank National Association 000 X. Xxxxx Street CN-NC-H30N Charlotte, a Delaware corporation North Carolina 28202-1078 Attention: Xxxx Xxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BOKF, NA dba Bank of Texas, Lender By: /s/ Xxxx Xx Xxxxxx Xxxxxxxxxx Name: Jing (aka Xxxxx) Wu Xxxxxx Xxxxxxxxxx Title: Senior Vice President XXXXXXXXXX.XXXAddress: BOKF, NA dba Bank of Texas 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx Xxxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 BANK OF THE WEST, Lender By: /s/ R. Xxxxx Xxxxxxx Name: R. Xxxxx Xxxxxxx Title: Director Address: Bank of the West 00000 Xxxx Xxxx, Suite 225 Dallas, Texas 75240 Attention: R. Xxxxx Xxxxxxx Telephone: 000-000-0000 REGIONS BANK, Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Vice President Address: Regions Bank 0000 XxXxxxxx Xxx., Suite 1100 Dallas, Texas 75202 Attention: Xxxxxxx Xxxxxxxxxx Telephone: 000-000-0000 FROST BANK, Lender By: /s/ Xx Xxxx Name: Xx Xxxx Title: Senior Vice President Address: Frost Bank 000 Xxxxxx Xxxxxx Fort Worth, TX 76102 Attention: Xx Xxxx Telephone: 000-000-0000 Fax: 000-000-0000 CADENCE BANK, N.A., Lender By: /s/ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Assistant Vice President Address: Cadence Bank, N.A. 0000 Xxxx Xxx Xxxxxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxxxx Xxxxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 ANNEX I TO AMENDMENT NO. 6 $600,000,000 SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among COMFORT SYSTEMS USA, INC., a New Jersey corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of Guarantors NUTREND AUTOMOTIVE INC.as Borrower and XXXXX FARGO BANK, an Delaware corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President TNOPCNATIONAL ASSOCIATION, INC.as Administrative Agent XXXXX FARGO SECURITIES, a Tennessee corporation By: /s/ Xxxx Xx Name: Jing (aka Xxxxx) Wu Title: President Acknowledgment of GuarantorsLLC, as Sole Lead Arranger and Sole Lead Bookrunner CAPITAL ONE, N.A., TRUIST BANK and U.S. BANK NATIONAL ASSOCIATION, as Co-Syndication Agents and CERTAIN FINANCIAL INSTITUTIONS as Lenders July 16, 2010 TABLE OF CONTENTS Page

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

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