AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually as a Lender and as Agent By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Vice President BBVA USA, an Alabama banking corporation f/k/a Compass Bank, individually as a Lender and as a Co-Syndication Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President CAPITAL ONE, NATIONAL ASSOCIATION, individually as a Lender and as a Co-Syndication Agent By:/s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: Duly Authorized Signatory SUNTRUST BANK, individually as a Lender and as a Co-Syndication Agent By:/s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director BMO XXXXXX BANK, N.A. By:/s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director FIFTH THIRD BANK, an Ohio Banking Corporation, individually as a Lender and as a Co-Documentation Agent By:/s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Director II [Signatures Continued On Next Page] XXXXXXX XXXXXXX BANK, individually as a Lender and as a Co-Documentation Agent By:/s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior Vice President Signature Page to Fourth Amended and Restated Credit Agreement SYNOVUS BANK By:/s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director CADENCE BANK, N.A. By:/s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President TEXAS CAPITAL BANK, N.A. By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President MEGA INTERNATIONAL COMMERCIAL BANK CO., LTD. SILICON VALLEY BRANCH By:/s/ Szu Xxx Xxxxx Name: Szu Xxx Xxxxx Title: VP & General Manager VALLEY NATIONAL BANK, a national banking association By:/s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: VP [Signatures Continued On Next Page] WOODFOREST NATIONAL BANK, a national banking association By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Vice President - Corporate Banking Signature Page to Fourth Amended and Restated Credit Agreement FIRST TENNESSEE BANK NATIONAL ASSOCIATION By:/s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President EASTERN BANK By:/s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Senior Vice President RENASANT BANK By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Executive Vice President PROVIDENCE BANK, dba PREMIER BANK TEXAS By:/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: EVP UNITED COMMUNITY BANK By:/s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President AMERICAN MOMENTUM BANK By:/s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Sr. Vice President EXHIBIT A FORM OF AMENDED AND RESTATED REVOLVING CREDIT NOTE $______________ _________...
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and Lender By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Senior Vice President Address: 000 Xxxxx Xxxx Xxxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000 Attn: Xxxxxx Xxx or Account Manager Telecopy: (000) 000-0000 EXHIBIT A to Loan and Security Agreement REVOLVER NOTE [Date] $_______________ MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore company (“Borrower”), for value received, hereby unconditionally promises to pay to the order of ____________________________ (“Lender”), the principal sum of _______________________ DOLLARS ($___________), or such lesser amount as may be advanced by Lender as Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Loan and Security Agreement dated as of August 6, 2014, among Borrower, Multi-Fineline Electronix, Inc., a Delaware corporation, as guarantor, Bank of America, N.A., as Agent, Lender, and certain other financial institutions (as such agreement may be amended, modified, renewed or extended from time to time, the “Loan Agreement”). Principal of and interest on this Note from time to time outstanding shall be due and payable as provided in the Loan Agreement. This Note is issued pursuant to and evidences Revolver Loans and LC Obligations under the Loan Agreement, to which reference is made for a statement of the rights and obligations of Lender and the duties and obligations of Borrower. The Loan Agreement contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events, and for the borrowing, prepayment and reborrowing of amounts upon specified terms and conditions. The holder of this Note is hereby authorized by Borrower to record on a schedule annexed to this Note (or on a supplemental schedule) the amounts owing with respect to Revolver Loans and LC Obligations, and the payment thereof. Failure to make any notation, however, shall not affect the rights of the holder of this Note or any obligations of Borrower hereunder or under any other Loan Documents. Time is of the essence of this Note. Borrower and all endorsers, sureties and guarantors of this Note hereby severally waive demand, presentment for payment, protest, notice of protest, notice of intention to accelerate the maturity of this Note, diligence in collecting, the bringing of any suit against any party, and any notice of or defense on ...
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Address: Senior Vice President 000 Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: Portfolio Manager Telecopy: 000-000-0000 CITIBANK, N.A., as Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Address: Vice President 000 Xxxxxxxxx Xx, 00xx xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxxx Telecopy: 000-000-0000 BARCLAYS BANK PLC, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Address: Director Barclays Capital 000 0xx Xxxxxx, 00xxXxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxx Telecopy: 212-412-7600 GENERAL ELECTRIC CAPITAL CORPORATION, as Lender By: /s/ Xxxxxx Cloud Name: Xxxxxx Cloud Title: Address: Duly Authorized Signatory 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention; Xxxxxx Cloud Telecopy: 866-.388-3572 CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK,as Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Address: Managing Director 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxx Xxxxxxxx Telecopy: 000-000-0000 By: /s/ Xxxxx Xxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxx Title: Address: Vice President 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxxxxxxxx Telecopy: 000-000-0000 DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Address: Vice President 00 Xxxx Xxxxxx XX XXX00-0000 Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxx Telecopy: 000-000-0000 HEALTHCARE FINANCE GROUP, as Lender By: /s/ Xxxx X. Xxxxxx XX Name: Xxxx X. Xxxxxx XX Title: Address: SVP-National Underwriting Manager 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxxx, EVP Telecopy: 000-000-0000 XXXXXX XXXXXXX BANK, N.A., as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Address: Authorized Signatory Xxxxxx X. Xxxxxxx Xxxxxx Xxxxxxx | Operations 000 Xxxxx Xxxx Xxxxxx, 0xx Xxxxx Xxxx Xxxx Xxxx, Xxxx 00000-0000 Phone: +0-000-000-0000 Fax: +0 000-000-0000 xxxx0xxxxx@XxxxxxXxxxxxx.xxx LOAN AND SECURITY AGREEMENT Signature Page EXHIBIT A to Loan and Security Agreement FORM OF REVOLVER NOTE ________________ ___, 2010 $___________________ New York, New York Each of the undersigned (individually, a “Borrower” and, collectively, the “Borrowers”), jointly and severally promise to pay to the order of ____________________________ (“Lender”), the principal sum of ____________________ DO...
AGENT AND LENDERS. ANTARES CAPITAL CORPORATION, a Delaware corporation, as a Lender and as Agent By: Name: Title: M&I XXXXXXXX & ILSLEY BANK, as a Lender By: Name: Title: M&I XXXXXXXX & XXXXXX BANK, as a Lender By: Name: Title: LASALLE BANK NATIONAL ASSOCIATION, as a Lender By: Name: Title: ORIX FINANCE CORP., as a Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Managing Director OFSI Fund II, LLC By: Orchard First Source Asset Management, LLC Its: attorney in fact By: Orchard First Capital, Inc. Its: attorney in fact By: /s/ Xxxxxxxxxxx X. Coulomb Name: Xxxxxxxxxxx X. Coulomb Title: Director OFSI Fund III, Ltd. By: Orchard First Source Capital, Inc. Its: attorney in fact By: /s/ Xxxxxxxxxxx X. Coulomb Name: Xxxxxxxxxxx X. Coulomb Title: Director CONSENT AND THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT PANTHER EXPEDITED SERVICES, INC. NAVIGATOR CDO 2003, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory NAVIGATOR CDO 2005, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory ANTARES FUNDING, L.P., as a Lender By: The Bank of New York Trust Company, N.A., as Trustee of the Antares Funding Trust created under the Trust Agreement dated as of November 30, 1999 By: Name: Title: NAVIGATOR CDO 2003, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: Name: Xxxx Xxxxxx Title: Authorized Signatory NAVIGATOR CDO 2005, LTD, as a Lender By: Antares Asset Management Inc., as Collateral Manager By: Name: Xxxx Xxxxxx Title: Authorized Signatory ANTARES FUNDING, L.P., as a Lender By: The Bank of New York Trust Company, N.A., as Trustee of the Antares Funding Trust created under the Trust Agreement dated as of November 30, 1999 By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: AVP BABSON CLO LTD. 2005-I BABSON CLO LTD. 2005-II BABSON CLO LTD. 2005-III BABSON CLO LTD. 2006-I By: Babson Capital Management LLC as Collateral Manager By /s/ Xxxxxxxx Tahas Xxxxxxxx Tahas Director DE MEER MIDDLE MARKET CLO 2006-1, LTD., as a Lender By: De Meer Asset Management, a division of LaSalle Financial Services, Inc., as Collateral Manager By: /s/ Will X. Xxxxx Name: Will X. Xxxxx Title: Assistant Vice President Panther Amendment EXHIBIT A to consent and Third Amendment to Amended and Restated Credit Agreement Items denoted in a bold typeface herein shall be prepared and delivered b...
AGENT AND LENDERS. XXXXX FARGO FOOTHILL, INC., as Agent and Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: VP BANK OF AMERICA, N.A., as Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Managing Director U.S. BANK NATIONAL ASSOCIATION, as Lender By: /s/ Tyler Faverbach Name: Tyler Faverbach Title: Vice President [Consent and Ratification follows.] first amendment to second Amended and Restated Credit Agreement — Signature Page CONSENT AND RATIFICATION The undersigned, EASTERN AMERICAN ENERGY CORPORATION, a West Virginia corporation and ALLEGHENY & WESTERN ENERGY CORPORATION, a West Virginia corporation (each a “Pledging Subsidiary” and collectively the “Pledging Subsidiaries”) have executed certain Loan Documents in favor of XXXXX FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent (“Agent”) for the Lenders in connection with that certain Second Amended and Restated Credit Agreement, dated as of September 7, 2007 (the “Credit Agreement”) between and among, on the one hand, the lenders identified on the signature pages thereof (such lenders, together with their respective successors and assigns, are referred to thereafter each individually as a “Lender” and collectively as the “Lenders”), Agent, and, on the other hand, ENERGY CORPORATION OF AMERICA, a West Virginia corporation (“Borrower”). The Pledging Subsidiaries hereby consent and agree to the terms of the First Amendment to Second Amended and Restated Credit Agreement (the “Amendment”) executed by Borrower, the Lenders and Agent, a copy of which is attached hereto, and the undersigned agree that the Loan Documents to which they are a party shall remain in full force and effect and shall continue to be the legal, valid and binding obligation of the Pledging Subsidiaries and enforceable against the Pledging Subsidiaries in accordance with their terms. Furthermore, each Pledging Subsidiary hereby agrees and acknowledges that (a) none of the Loan Documents to which it is a party is subject to any claims, defenses or offsets, (b) nothing contained in the Amendment or any other Loan Document shall adversely affect any right or remedy of Agent under any of the Loan Documents to which it is a party, (c) the execution and delivery of the Amendment shall in no way reduce, impair or discharge any indebtedness, liability or obligation of the undersigned under any of the Loan Documents to which it is a party and shall not constitute a waiver by Agent of any of Agent’s ...
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent, a U.S. Lender and U.S. Issuing Bank By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. BANK OF AMERICA, N.A. (acting through its Canada branch), as a Canadian Lender By: /s/ Xxxxxx Sales xx Xxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Title: Vice President SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. CAPITAL ONE LEVERAGE FINANCE CORP., as a U.S. Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President – Portfolio Management Capital One Business Credit Corp. SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a U.S. Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Duly Authorized Signatory SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. XXXXX FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President Credit Officer, Canada Xxxxx Fargo Capital Finance Corporation Canada SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. SUNTRUST BANK, as a U.S. Lender and a Canadian Lender By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President SECOND AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT WILLBROS UNITED STATES HOLDINGS, INC., ET AL. Exhibit A [Attached.] EXHIBIT C to Loan, Security and Guaranty Agreement FORM OF ANNUAL/MONTHLY COMPLIANCE CERTIFICATE (Pursuant to Section 10.1.6(d) of the Loan Agreement) Financial Statement Date: To: Bank of America, N.A., as Agent Ladies and Gentlemen: Reference is made to the Loan, Security and Guaranty Agreement dated as of August 7, 2013 (as amended, supplemented or otherwise modified from time to time, the “Loan Agreement”), among WILLBROS UNITED STATES HOLDINGS, INC., a Delaware corporation (“Holdings”), XXXXX, LLC, a Vermont limited liability company (“Xxxxx”), XXXXXXX CONSTRUCTION CO., L.P., a Texas limited partnership (“Xxxxxxx Construction”), XXXXXXX CONSTRUCTION MANAGEMENT CO., INC., a Texas corporation (“Xxxxxxx Management”), CONSTRUCTION & TURNAROUND SERVICES, L.L.C., an Oklahoma limited liability company (“Construction & Turnaround”), WILLBROS UTILITY T&D OF MASSACHUSETTS, LLC, a New York limited lia...
AGENT AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as Agent and as a Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Duly Authorized Signatory
AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and U.S. Lender By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Vice President BANK OF AMERICA, N.A. (acting through its London Branch), as a U.K. Lender By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Vice President
AGENT AND LENDERS. Agent is Agent for each Lender under the Credit Agreement. All rights granted to Agent under or in connection with this Guaranty are for each Lender’s ratable benefit. Agent may, without the joinder of any Lender, exercise any rights in Agent’s or Lenders’ favor under or in connection with this Guaranty. Agent’s and each Lender’s rights and obligations vis-à-vis each other may be subject to one or more separate agreements between those parties. However, no Guarantor is required to inquire about any such agreement or is subject to any terms of such agreement unless such Guarantor specifically joins such agreement. Therefore, no Guarantor nor any of its successors or assigns is entitled to any benefits or provisions of any such separate agreement or is entitled to rely upon or raise as a defense any party’s failure or refusal to comply with the provisions of such agreement.
AGENT AND LENDERS. XXXXX FARGO FOOTHILL, INC., as Agent and as a Lender By: /S/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Vice President TEXTRON FINANCIAL CORPORATION, as a Lender By: /S/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Account Executive
