Common use of AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Clause in Contracts

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement dated, and as amended and restated, as of November 19, 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc., a Michigan corporation (“Parent”), Spartan Stores Distribution, LLC, a Michigan limited liability company (“Stores Distribution”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx RE”), Xxxxx’x Family Markets, Inc., a Michigan corporation (“Xxxxx”), Xxxxxx Pharmacy, Inc., a Michigan corporation (“Xxxxxx”), Spartan Properties Management, Inc. (formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), Xxxx-Xxxxx Company, a Delaware corporation, as surviving corporation of the merger with SS Delaware, Inc. (“Xxxx-Xxxxx”), Xxxx Brothers Trading Company, a Delaware corporation (“Xxxx Brothers”), X.X. Xxxxxx Company, a Georgia corporation (“X.X. Xxxxxx”), Super Food Services, Inc., a Delaware corporation (“Super Food”), U Save Foods, Inc., a Nebraska corporation (“U Save”), Hinky Dinky Supermarkets, Inc., a Nebraska corporation (“Hinky Dinky”), GTL Truck Lines, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’x”), Grocery Supply Acquisition Corp., a Delaware corporation (“Grocery Supply”, and together with Parent, Stores Distribution, MDC, Associates, Family Fare, MSFC, Seaway, Pharm, Valley Farm, Xxxxxx RE, Prevo, Custer, SPM, Spartan Fuel, Xxxx-Xxxxx, Xxxx Brothers, X.X. Xxxxxx, Super Food, U Save, Hinky Dinky, GTL and Xxxxxxxx’x, each individually a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes a party hereto as a guarantor (each individually a “Guarantor” and collectively, “Guarantors”), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders”), Xxxxx Fargo Capital Finance, LLC, a Delaware limited liability company, in its capacity as administrative and collateral agent for Lenders (in such capacity, “Administrative Agent”), Xxxxx Fargo Bank, National Association and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as Joint Lead Arrangers and Joint Bookrunners (the “Arrangers”), Bank of America, N.A., as Syndication Agent, Union Bank, N.A., BMO Xxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (Spartan Stores Inc)

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AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement datedAgreement, and as amended and restateddated October 15, as of November 192010 (this “Agreement”), 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc.Handy & Hxxxxx Group Ltd., a Michigan Delaware corporation (“Parent”), Spartan Stores Distribution, LLCHandy & Hxxxxx, a Michigan limited liability company New York corporation (“Stores DistributionHandy”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food TownOMG, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx RE”), Xxxxx’x Family Markets, Inc., a Michigan corporation (“Xxxxx”), Xxxxxx Pharmacy, Inc., a Michigan corporation (“Xxxxxx”), Spartan Properties Management, Inc. (formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), Xxxx-Xxxxx Company, a Delaware corporation, formerly known as surviving corporation of the merger with SS DelawareOlympic Manufacturing Group, Inc. (“Xxxx-XxxxxOMG”), Xxxx Brothers Trading CompanyCamdel Metals Corporation, a Delaware corporation (“Xxxx BrothersCamdel”), X.X. Xxxxxx CompanyCxxxxxxx Metal Coating Corporation, a Georgia Delaware corporation (“X.X. XxxxxxCanfield”), Super Food ServicesContinental Industries, Inc., an Oklahoma corporation (“Continental”), Indiana Tube Corporation, a Delaware corporation (“Indiana Tube”), Lxxxx-Xxxxxxxx, Inc., a Wisconsin corporation (“Lxxxx”), Micro-Tube Fabricators, Inc., a Delaware corporation (“Super FoodMicro-Tube”), U Save FoodsMaryland Specialty Wire, Inc., a Nebraska corporation (“U Save”), Hinky Dinky Supermarkets, Inc., a Nebraska corporation (“Hinky Dinky”), GTL Truck Lines, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’x”), Grocery Supply Acquisition Corp., a Delaware corporation (“Grocery SupplyMaryland Wire), Handy & Hxxxxx Tube Company, Inc., a Delaware corporation (“H&H Tube”), Handy & Hxxxxx Electronic Materials Corporation, a Florida corporation (“H&H Electronic”), Sumco Inc., an Indiana corporation (“Sumco”), OMG Roofing, Inc., a Delaware corporation (“OMG Roofing”), OMNI Technologies Corporation of Danville, a New Hampshire corporation (“OMNI”), Bairnco Corporation, a Delaware corporation (“Bairnco”), Axxxx, Inc., a Delaware corporation (“Axxxx”), Axxxx Viscor Ltd., a Texas limited partnership (“Axxxx Viscor”), Axxxx Signtech, Ltd., a Texas limited partnership (“Axxxx Signtech”), Kasco Corporation, a Delaware corporation (“Kasco”), Southern Saw Acquisition Corporation, a Delaware corporation (“Southern” and together with Parent, Stores DistributionHandy, MDCOMG, AssociatesCamdel, Family FareCxxxxxxx, MSFCContinental, SeawayIndiana Tube, PharmLxxxx, Valley FarmMicro-Tube, Xxxxxx REMaryland Wire, PrevoH&H Tube, CusterH&H Electronic, SPMSumco, Spartan FuelOMG Roofing, Xxxx-XxxxxBairnco, Xxxx BrothersAxxxx, X.X. XxxxxxXxxxx Viscor, Super Food, U Save, Hinky Dinky, GTL Axxxx Signtech and Xxxxxxxx’xKasco, each individually individually, a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes Handy & Hxxxxx of Canada, Limited, an Ontario corporation (“H&H Canada”), Handy & Hxxxxx International, Ltd., a party hereto as Delaware corporation (“H&H International”), ele Corporation, a guarantor California corporation (“ele”), Alloy Ring Service, Inc., a Delaware corporation (“Alloy”), Dxxxxx Radiator Corporation, a Texas corporation (“Dxxxxx”), H&H Productions, Inc., a Delaware corporation (“H&H Productions”), Handy & Hxxxxx Automotive Group, Inc., a Delaware corporation (“H&H Auto”), Handy & Hxxxxx Peru, Inc., a Delaware corporation (“H&H Peru”), KJ-VMI Realty, Inc., a Delaware corporation (“KVR”), Pxx-Xxxx Realty, Inc., a Delaware corporation (“Pxx-Xxxx”), Platina Laboratories, Inc., a Delaware corporation (“Platina”), Sheffield Street Corporation, a Connecticut corporation (“Sheffield”), SWM, Inc., a Delaware corporation (“SWM”), Willing B Wire Corporation, a Delaware corporation (“Willing”), The 7 Xxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“Orne Street Trust”), The 20 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“20 Xxxxx Xxxxxx Trust”), 20 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“20 Xxxxx Xxxxxx Trust”), Axxxx Partners, Inc., a Delaware corporation (“Axxxx Partners”), Axxxx MED International LLC, a Delaware limited liability company (“Axxxx MED”), Axxxx Adhesives & Films, Inc., a Texas corporation (“Axxxx Adhesives”), Kasco Mexico LLC, a Delaware limited liability company (“Kasco Mexico”), Atlantic Service Company, Limited, an Ontario corporation (“Atlantic”), Indiana Tube Solutions de Mexico S. de R.X. de CV, a Mexican corporation (“Indiana Tube Mexico”), Kasco Ensambly S.A. de C.V., a Mexican corporation (“Kasco Ensambly” and together with H&H Canada, H&H International, ele, Alloy, Dxxxxx, H&H Productions, H&H Auto, H&H Peru, KVR, Pxx-Xxxx, Platina, Sheffield, SWM, Willing, Orne Street Trust, 20 Xxxxx Xxxxxx Trust, 20 Xxxxx Xxxxxx Xxxxx, Xxxxx Partners, Axxxx MED, Axxxx Adhesives, Kasco Mexico, Atlantic and Indiana Tube Mexico, each individually a “Guarantor” and collectively, “Guarantors”), the parties hereto from time to time as lendersWxxxx Fargo Bank, whether by execution of this Agreement or an Assignment and Acceptance National Association (each individually“Wxxxx Fargo”), a national banking association that is successor by merger to Wachovia Bank, National Association, a national banking association that is successor by merger to Congress Financial Corporation, in its capacity as agent acting for the financial institutions party hereto as lenders (in such capacity, together with its successors and assigns, Lender” Agent”), and the financial institutions party hereto as lenders (collectively, “Lenders”), Xxxxx Fargo Capital Finance, LLC, a Delaware limited liability company, in its capacity as administrative and collateral agent for Lenders (in such capacity, “Administrative Agent”), Xxxxx Fargo Bank, National Association and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as Joint Lead Arrangers and Joint Bookrunners (the “Arrangers”), Bank of America, N.A., as Syndication Agent, Union Bank, N.A., BMO Xxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement dated, and as amended and restated, as of November 19, 2013 (the “Effective Date”) is entered into by and among SpartanNash Company, a Michigan corporation, formerly known as Spartan Stores, Inc., a Michigan corporation Inc. (“Parent”), Spartan Stores Distribution, LLC, a Michigan limited liability company (“Stores Distribution”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores SpartanNash Associates, LLC, a Michigan limited liability company company, formerly known as Spartan Stores Associates, LLC (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx RE”), Xxxxx’x Family Markets, Inc., a Michigan corporation (“Xxxxx”), Xxxxxx Pharmacy, Inc., a Michigan corporation (“Xxxxxx”), Spartan Properties Management, Inc. (Inc., formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), Xxxx-Xxxxx Company, a Delaware corporation, as surviving corporation of the merger with SS Delaware, Inc. (“Xxxx-Xxxxx”), Pique Brands, Inc., a Delaware corporation, formerly known as Xxxx Brothers Trading Company, a Delaware corporation Company (“Xxxx Brothers”), X.X. Xxxxxx Company, a Georgia corporation (“X.X. XxxxxxPique”), Super Food Services, Inc., a Delaware corporation (“Super Food”), U Save Foods, Inc., a Nebraska corporation (“U Save”), Hinky Dinky Supermarkets, Inc., a Nebraska corporation (“Hinky Dinky”), GTL Truck Lines, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’x”), Grocery Supply Acquisition Corp.MDV SpartanNash, LLC, a Delaware corporation limited liability company (“Grocery SupplyMDV”), Xxxxx Foods, LLC, a Michigan limited liability company (“Xxxxx”), SpartanNash Logistics, LLC, a Michigan limited liability company, formerly known as BRT SpartanNash, LLC (“Logistics”), SpartanNash Procurement, LLC, a Michigan limited liability company (“SNP”), MSM Holdco, LLC, an Indiana limited liability company (“MSM Holdco”), Xxxxxx’x Super Markets L.L.C., an Indiana limited liability company (“MSM”), Xxxxxx’x Super Markets of Elkhart L.L.C., an Indiana limited liability company (“MSM of Elkhart”), Xxxxxx’x Super Markets of Elkhart East L.L.C., an Indiana limited liability company (“MSM of Elkhart East”), Xxxxxx’x Super Markets of Logansport L.L.C., an Indiana limited liability company (“MSM of Logansport”), Xxxxxx’x Super Markets of Niles L.L.C., an Indiana limited liability company (“MSM of Niles”), Xxxxxx’x Super Markets of Nappanee L.L.C., an Indiana limited liability company (“MSM of Nappanee”), Xxxxxx’x Super Markets of St. Xxxxxx L.L.C., an Indiana limited liability company (“MSM of St. Xxxxxx”), Xxxxxx’x Super Markets of Stevensville L.L.C., an Indiana limited liability company (“MSM of Stevensville”), Xxxxxx’x MO LLC, an Indiana limited liability company (“Xxxxxx’x MO”), County Development LLC, an Indiana limited liability company (“County Development”), Xxxxxx’x West LLC, an Indiana limited liability company (“Xxxxxx’x West”), 000 Xxxxxxx Xxx LLC, an Indiana limited liability company (“Elkhart Ave”), Xxxxxx’x Integrated Pharmacy Services LLC, an Indiana limited liability company (“Integrated Pharmacy”, and together with Parent, Stores Distribution, MDC, Associates, Family Fare, MSFC, Seaway, Pharm, Valley Farm, Xxxxxx RE, Prevo, CusterXxxxx, SPM, Spartan Fuel, Xxxx-Xxxxx, Xxxx Brothers, X.X. XxxxxxPique, Super Food, U Save, Hinky Dinky, GTL GTL, Xxxxxxxx’x, MDV, Xxxxx, Logistics, SNP, MSM Xxxxxx, MSM, MSM of Elkhart, MSM of Elkhart East, MSM of Logansport, MSM of Niles, MSM of Nappanee, MSM of St. Xxxxxx, MSM of Stevensville, Xxxxxx’x MO, County Development, Xxxxxx’x West and Xxxxxxxx’xElkhart Ave, each individually a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes a party hereto as a guarantor (each individually a “Guarantor” and collectively, “Guarantors”), the parties hereto from time to time 6991691.13 as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders”), Xxxxx Fargo Capital Finance, LLC, a Delaware limited liability company, in its capacity as administrative and collateral agent for Lenders (in such capacity, “Administrative Agent”), Xxxxx Fargo Bank, National Association Association, Bank of America, N.A. and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedFifth Third Bank, as Joint Lead Arrangers and Joint Bookrunners (the “Arrangers”), Bank of America, N.A.N.A. and Fifth Third Bank, as Syndication Agent, Union Bank, N.A.Agents, BMO Xxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (SpartanNash Co)

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement dated, and as amended and restated, as of November 19, 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc., a Michigan corporation (“Parent”), Spartan Stores Distribution, LLC, a Michigan limited liability company (“Stores Distribution”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Gxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx Gxxxxx RE”), Xxxxx’x Pxxxx’x Family Markets, Inc., a Michigan corporation (“XxxxxPxxxx”), Xxxxxx Cxxxxx Pharmacy, Inc., a Michigan corporation (“XxxxxxCxxxxx”), Spartan Properties Management, Inc. (formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), XxxxNxxx-Xxxxx Company, a Delaware corporation, as surviving corporation of the merger with SS Delaware, Inc. (“XxxxNxxx-Xxxxx”), Xxxx Nxxx Brothers Trading Company, a Delaware corporation (“Xxxx Nxxx Brothers”), X.X. T.X. Xxxxxx Company, a Georgia corporation (“X.X. T.X. Xxxxxx”), Super Food Services, Inc., a Delaware corporation (“Super Food”), U Save Foods, Inc., a Nebraska corporation (“U Save”), Hinky Dinky Supermarkets, Inc., a Nebraska corporation (“Hinky Dinky”), GTL Truck Lines, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Exxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’xExxxxxxx’x”), Grocery Supply Acquisition Corp., a Delaware corporation (“Grocery Supply”, and together with Parent, Stores Distribution, MDC, Associates, Family Fare, MSFC, Seaway, Pharm, Valley Farm, Xxxxxx Gxxxxx RE, Prevo, Custer, SPM, Spartan Fuel, XxxxNxxx-Xxxxx, Xxxx Nxxx Brothers, X.X. T.X. Xxxxxx, Super Food, U Save, Hinky Dinky, GTL and Xxxxxxxx’xExxxxxxx’x, each individually a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes a party hereto as a guarantor (each individually a “Guarantor” and collectively, “Guarantors”), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders”), Xxxxx Wxxxx Fargo Capital Finance, LLC, a Delaware limited liability company, in its capacity as administrative and collateral agent for Lenders (in such capacity, “Administrative Agent”), Xxxxx Wxxxx Fargo Bank, National Association and Xxxxxxx Mxxxxxx Lynch, Pierce, Xxxxxx Fxxxxx & Xxxxx Sxxxx Incorporated, as Joint Lead Arrangers and Joint Bookrunners (the “Arrangers”), Bank of America, N.A., as Syndication Agent, Union Bank, N.A., BMO Xxxxxx Hxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (Nash Finch Co)

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AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement datedAgreement, and as amended and restateddated October 15, as of November 192010 (this “Agreement”), 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc.Handy & Xxxxxx Group Ltd., a Michigan Delaware corporation (“Parent”), Spartan Stores Distribution, LLCHandy & Xxxxxx, a Michigan limited liability company New York corporation (“Stores DistributionHandy”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food TownOMG, Inc., a Michigan Delaware corporation, formerly known as Olympic Manufacturing Group, Inc. (“OMG”), Camdel Metals Corporation, a Delaware corporation (“SeawayCamdel”), The Pharm of MichiganXxxxxxxx Metal Coating Corporation, a Delaware corporation (“Canfield”), Continental Industries, Inc., an Oklahoma corporation (“Continental”), Indiana Tube Corporation, a Delaware corporation (“Indiana Tube”), Xxxxx-Xxxxxxxx, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx RE”), Xxxxx’x Family Markets, Inc., a Michigan Wisconsin corporation (“Xxxxx”), Xxxxxx Pharmacy, Inc., a Michigan corporation (“Xxxxxx”), Spartan Properties Management, Inc. (formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), XxxxMicro-Xxxxx Company, a Delaware corporation, as surviving corporation of the merger with SS Delaware, Inc. (“Xxxx-Xxxxx”), Xxxx Brothers Trading Company, a Delaware corporation (“Xxxx Brothers”), X.X. Xxxxxx Company, a Georgia corporation (“X.X. Xxxxxx”), Super Food ServicesTube Fabricators, Inc., a Delaware corporation (“Super FoodMicro-Tube”), U Save FoodsMaryland Specialty Wire, Inc., a Nebraska corporation (“U Save”), Hinky Dinky Supermarkets, Inc., a Nebraska corporation (“Hinky Dinky”), GTL Truck Lines, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’x”), Grocery Supply Acquisition Corp., a Delaware corporation (“Grocery SupplyMaryland Wire), Handy & Xxxxxx Tube Company, Inc., a Delaware corporation (“H&H Tube”), Handy & Xxxxxx Electronic Materials Corporation, a Florida corporation (“H&H Electronic”), Sumco Inc., an Indiana corporation (“Sumco”), OMG Roofing, Inc., a Delaware corporation (“OMG Roofing”), OMNI Technologies Corporation of Danville, a New Hampshire corporation (“OMNI”), Bairnco Corporation, a Delaware corporation (“Bairnco”), Xxxxx, Inc., a Delaware corporation (“Xxxxx”), Xxxxx Viscor Ltd., a Texas limited partnership (“Xxxxx Viscor”), Xxxxx Signtech, Ltd., a Texas limited partnership (“Xxxxx Signtech”), Kasco Corporation, a Delaware corporation (“Kasco”), Southern Saw Acquisition Corporation, a Delaware corporation (“Southern” and together with Parent, Stores DistributionHandy, MDCOMG, AssociatesCamdel, Family FareXxxxxxxx, MSFCContinental, SeawayIndiana Tube, Pharm, Valley Farm, Xxxxxx RE, Prevo, Custer, SPM, Spartan Fuel, Xxxx-Xxxxx, Xxxx BrothersMicro-Tube, X.X. XxxxxxMaryland Wire, Super FoodH&H Tube, U SaveH&H Electronic, Hinky DinkySumco, GTL OMG Roofing, Bairnco, Xxxxx, Xxxxx Viscor, Xxxxx Signtech and Xxxxxxxx’xKasco, each individually individually, a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes Handy & Xxxxxx of Canada, Limited, an Ontario corporation (“H&H Canada”), Handy & Xxxxxx International, Ltd., a party hereto as Delaware corporation (“H&H International”), ele Corporation, a guarantor California corporation (“ele”), Alloy Ring Service, Inc., a Delaware corporation (“Alloy”), Xxxxxx Radiator Corporation, a Texas corporation (“Xxxxxx”), H&H Productions, Inc., a Delaware corporation (“H&H Productions”), Handy & Xxxxxx Automotive Group, Inc., a Delaware corporation (“H&H Auto”), Handy & Xxxxxx Peru, Inc., a Delaware corporation (“H&H Peru”), KJ-VMI Realty, Inc., a Delaware corporation (“KVR”), Xxx-Xxxx Realty, Inc., a Delaware corporation (“Xxx-Xxxx”), Platina Laboratories, Inc., a Delaware corporation (“Platina”), Sheffield Street Corporation, a Connecticut corporation (“Sheffield”), SWM, Inc., a Delaware corporation (“SWM”), Willing B Wire Corporation, a Delaware corporation (“Willing”), The 0 Xxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“Orne Street Trust”), The 00 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“00 Xxxxx Xxxxxx Trust”), 00 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“00 Xxxxx Xxxxxx Trust”), Xxxxx Partners, Inc., a Delaware corporation (“Xxxxx Partners”), Xxxxx MED International LLC, a Delaware limited liability company (“Xxxxx MED”), Xxxxx Adhesives & Films, Inc., a Texas corporation (“Xxxxx Adhesives”), Kasco Mexico LLC, a Delaware limited liability company (“Kasco Mexico”), Atlantic Service Company, Limited, an Ontario corporation (“Atlantic”), Indiana Tube Solutions de Mexico S. de X.X. de CV, a Mexican corporation (“Indiana Tube Mexico”), Kasco Ensambly S.A. de C.V., a Mexican corporation (“Kasco Ensambly” and together with H&H Canada, H&H International, ele, Alloy, Xxxxxx, H&H Productions, H&H Auto, H&H Peru, KVR, Xxx-Xxxx, Platina, Sheffield, SWM, Willing, Orne Street Trust, 00 Xxxxx Xxxxxx Trust, 00 Xxxxx Xxxxxx Xxxxx, Xxxxx Partners, Xxxxx MED, Xxxxx Adhesives, Kasco Mexico, Atlantic and Indiana Tube Mexico, each individually a “Guarantor” and collectively, “Guarantors”), the parties hereto from time to time as lendersXxxxx Fargo Bank, whether by execution of this Agreement or an Assignment and Acceptance National Association (each individually“Xxxxx Fargo”), a national banking association that is successor by merger to Wachovia Bank, National Association, a national banking association that is successor by merger to Congress Financial Corporation, in its capacity as agent acting for the financial institutions party hereto as lenders (in such capacity, together with its successors and assigns, Lender” Agent”), and the financial institutions party hereto as lenders (collectively, “Lenders”), Xxxxx Fargo Capital Finance, LLC, a Delaware limited liability company, in its capacity as administrative and collateral agent for Lenders (in such capacity, “Administrative Agent”), Xxxxx Fargo Bank, National Association and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as Joint Lead Arrangers and Joint Bookrunners (the “Arrangers”), Bank of America, N.A., as Syndication Agent, Union Bank, N.A., BMO Xxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (Handy & Harman Ltd.)

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT. This Amended and Restated Loan and Security Agreement datedAgreement, and as amended and restateddated September 12, as of November 192011 (this “Agreement”), 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc.Handy & Xxxxxx Group Ltd., a Michigan Delaware corporation (“Parent”), Spartan Stores Distribution, LLCHandy & Xxxxxx, a Michigan limited liability company New York corporation (“Stores DistributionHandy”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Xxxxxx’x Real Estate, LLC, a Michigan limited liability company (“Xxxxxx RE”), Xxxxx’x Family Markets, Inc., a Michigan corporation (“Xxxxx”), Xxxxxx Pharmacy, Inc., a Michigan corporation (“Xxxxxx”), Spartan Properties Management, Inc. (formerly known as Buckeye Real Estate Management Co.), an Ohio corporation (“SPM”), Spartan Stores Fuel, LLC, a Michigan limited liability company (“Spartan Fuel”), Xxxx-Xxxxx Company, a Delaware corporation, as surviving corporation of the merger with SS Delaware, Inc. (“Xxxx-Xxxxx”), Xxxx Brothers Trading Company, a Delaware corporation (“Xxxx Brothers”), X.X. Xxxxxx Company, a Georgia corporation (“X.X. Xxxxxx”), Super Food ServicesOMG, Inc., a Delaware corporation (“Super FoodOMG”), U Save FoodsCamdel Metals Corporation, a Delaware corporation (“Camdel”), Xxxxxxxx Metal Coating Corporation, a Delaware corporation (“Canfield”), Continental Industries, Inc., a Nebraska an Oklahoma corporation (“U SaveContinental”), Hinky Dinky Supermarkets, Inc.Indiana Tube Corporation, a Nebraska Delaware corporation (“Hinky DinkyIndiana Tube”), GTL Truck LinesXxxxx-Xxxxxxxx, Inc., a Nebraska corporation (“GTL”), Xxxxxxxx’x Diversified Corporation, a Wisconsin corporation (“Xxxxxxxx’xXxxxx”), Grocery Supply Acquisition Corp.Micro-Tube Fabricators, Inc., a Delaware corporation (“Grocery SupplyMicro-Tube), Maryland Specialty Wire, Inc., a Delaware corporation (“Maryland Wire”), Handy & Xxxxxx Tube Company, Inc., a Delaware corporation (“H&H Tube”), Handy & Xxxxxx Electronic Materials Corporation, a Florida corporation (“H&H Electronic”), Ocmus, Inc., formerly known as Sumco Inc., an Indiana corporation (“Ocmus”), OMG Roofing, Inc., a Delaware corporation (“OMG Roofing”), OMNI Technologies Corporation of Danville, a New Hampshire corporation (“OMNI”), Bairnco Corporation, a Delaware corporation (“Bairnco”), Xxxxx LLC, a Delaware limited liability company, formerly known as Xxxxx, Inc. (“Xxxxx”), Xxxxx Viscor Ltd., a Texas limited partnership (“Xxxxx Viscor”), Xxxxx Signtech, Ltd., a Texas limited partnership (“Xxxxx Signtech”), Kasco Corporation, a Delaware corporation (“Kasco”), Southern Saw Acquisition Corporation, a Delaware corporation (“Southern” and together with Parent, Stores DistributionHandy, MDCOMG, AssociatesCamdel, Family FareXxxxxxxx, MSFCContinental, SeawayIndiana Tube, Pharm, Valley Farm, Xxxxxx RE, Prevo, Custer, SPM, Spartan Fuel, Xxxx-Xxxxx, Xxxx BrothersMicro-Tube, X.X. XxxxxxMaryland Wire, Super FoodH&H Tube, U SaveH&H Electronic, Hinky DinkyOcmus, GTL OMG Roofing, OMNI, Bairnco, Xxxxx, Xxxxx Viscor, Xxxxx Signtech and Xxxxxxxx’xKasco, each individually each, a “Borrower” and collectively, “Borrowers”), any Person that at any time becomes Handy & Xxxxxx of Canada, Limited, an Ontario corporation (“H&H Canada”), Handy & Xxxxxx International, Ltd., a party hereto as Delaware corporation (“H&H International”), ele Corporation, a guarantor California corporation (each “ele”), Alloy Ring Service Inc., a Delaware corporation (“Alloy”), Xxxxxx Radiator Corporation, a Texas corporation (“Xxxxxx”), H&H Productions, Inc., a Delaware corporation (“H&H Productions”), Handy & Xxxxxx Automotive Group, Inc., a Delaware corporation (“H&H Auto”), Handy & Xxxxxx Peru, Inc., a Delaware corporation (“H&H Peru”), KJ-VMI Realty, Inc., a Delaware corporation (“KVR”), Xxx-Xxxx Realty, Inc., a Delaware corporation (“Xxx-Xxxx”), Platina Laboratories, Inc., a Delaware corporation (“Platina”), Sheffield Street Corporation, a Connecticut corporation (“Sheffield”), SWM, Inc., a Delaware corporation (“SWM”), Willing B Wire Corporation, a Delaware corporation (“Willing”), The 0 Xxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“Orne Street Trust”), The 00 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“00 Xxxxx Xxxxxx Trust”), 00 Xxxxx Xxxxxx Nominee Trust, a Massachusetts nominee trust (“00 Xxxxx Xxxxxx Trust”), Xxxxx Partners, Inc., a Delaware corporation (“Xxxxx Partners”), Xxxxx MED International LLC, a Delaware limited liability company (“Xxxxx MED”), Xxxxx Adhesives & Films, Inc., a Texas corporation (“Xxxxx Adhesives”), Kasco Mexico LLC, a Delaware limited liability company (“Kasco Mexico”), Atlantic Service Company, Limited, an Ontario corporation (“Atlantic” and together with H&H Canada, H&H International, ele, Alloy, Xxxxxx, H&H Productions, H&H Auto, H&H Peru, KVR, Xxx-Xxxx, Platina, Sheffield, SWM, Willing, Orne Street Trust, 00 Xxxxx Xxxxxx Trust, 00 Xxxxx Xxxxxx Xxxxx, Xxxxx Partners, Xxxxx MED, Xxxxx Adhesives and Kasco Mexico, individually each, a “Guarantor”, and collectively, “Guarantors”), the parties hereto from time to time as lendersAbleco, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders”), Xxxxx Fargo Capital Finance, LLCL.L.C., a Delaware limited liability company, in its capacity as administrative and collateral agent pursuant to the Loan Agreement (as hereinafter defined) acting for Lenders the financial institutions party thereto as lenders (in such capacity, together with its successors and assigns, Administrative Agent”), Xxxxx Fargo Bankand the financial institutions party thereto as lenders (collectively, National Association and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as Joint Lead Arrangers and Joint Bookrunners (the ArrangersLenders”), Bank of America, N.A., as Syndication Agent, Union Bank, N.A., BMO Xxxxxx Bank, N.A., and U.S. Bank, National Association, as Documentation Agents.

Appears in 1 contract

Samples: Loan and Security Agreement (Handy & Harman Ltd.)

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