AND WAIVER TO CREDIT AGREEMENT. This AMENDMENT NO. 1 AND WAIVER TO CREDIT AGREEMENT (this “Amendment”) dated as of March 27, 2009, is by and among (i) ALBEMARLE MARITIME CORP., ARDEN MARITIME CORP., AVON MARITIME CORP., BIRNHAM MARITIME CORP., BRISTOL MARITIME CORP., XXXXXXX SHIPPING CORP., CUMBERLAND NAVIGATION CORP., XXXXX NAVIGATION CORP., DOVER MARITIME CORP., XXXXX SHIPPING CORP., EXETER SHIPPING CORP., FRANKFORT MARITIME CORP., GLENWOOD MARITIME CORP., XXXXXX SHIPPING CORP., XXXXXXX NAVIGATION CORP., XXXXXX MARITIME CORP., XXXXXX MARITIME CORP., XXXXXX MARITIME CORP., MONTROSE MARITIME CORP., OLDCASTLE SHIPPING CORP., XXXXXXX NAVIGATION CORP., XXXXXX SHIPPING CORP., REMSEN NAVIGATION CORP., SHEFFIELD MARITIME CORP., XXXXXXX MARITIME CORP., STERLING SHIPPING CORP., STRATFORD SHIPPING CORP., VEDADO MARITIME CORP., XXXXXX MARITIME CORP. and WINDSOR MARITIME CORP., each a corporation organized under the laws of the Republic of the Xxxxxxxx Islands (collectively, the “Borrowers” and, each individually, a “Borrower”), (ii) TBS INTERNATIONAL LIMITED, a corporation formed under the laws of Bermuda (“Holdings”), (iii) TBS SHIPPING SERVICES INC., a New York corporation, as administrative borrower (the “Administrative Borrower”), (iv) each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and (v) BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”), Swing Line Lender and L/C Issuer.
AND WAIVER TO CREDIT AGREEMENT. This AMENDMENT NO. 3 AND WAIVER TO CREDIT AGREEMENT, dated as of May 11, 2020 (this “Amendment”), is entered into by and among, inter alia, CENTRIC BRANDS INC. (f/k/a DIFFERENTIAL BRANDS GROUP INC.), a Delaware corporation (“Borrower”), each other Loan Party, the Lenders signatory hereto, U.S. BANK NATIONAL ASSOCIATION, as the administrative agent (the “Administrative Agent”), and as the collateral agent (the “Collateral Agent” together with the Administrative Agent, the “Agent”; the Agent together with the Lenders, the “Lender Parties”). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement (as defined below) and Collateral Agreement (as defined below), as applicable.
AND WAIVER TO CREDIT AGREEMENT. This SECOND AMENDMENT TO AMENDMENT NO. 4 AND WAIVER TO CREDIT AGREEMENT (this “Second Amendment”) is entered into as of June 30, 2017, by and among Lower Lakes Towing Ltd. (“Lower Lakes”), Lower Lakes Transportation Company (“LLTC”), Grand River Navigation Company, Inc. (“Grand River”), Black Creek Shipping Company (“Black Creek”, together with Lower Lakes, LLTC and Grand River, the “Borrowers”), Rand LL Holdings Corp. (“Parent”), Rand Logistics, Inc. (“Rand”), Rand Finance Corp. (“Rand Finance”), Lower Lakes Ship Repair Company Ltd. (“LL Ship Repair”), Lower Lakes Towing (17) Ltd. (“LL 17”), Black Creek Shipping Holding Company, Inc. (“Black Creek Holding”, together with Parent, Rand, Rand Finance, LL Ship Repair and LL 17, the “Guarantors”; and the Guarantors, together with the Borrowers, the “Credit Parties”), the lenders from time to time party to the Credit Agreement (as hereinafter defined) (collectively, the “Lenders”) and Bank of America, N.A., as agent (in such capacity, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement, and if not defined therein, in Amendment No. 4 (as hereinafter defined).
AND WAIVER TO CREDIT AGREEMENT. AMENDMENT NO. 7 AND WAIVER, dated as of August 14, 2006 (this “Amendment and Waiver”), with respect to the Credit Agreement, dated as of May 20, 2002 (as same has been and may be further amended, restated, supplemented or modified, from time to time, the “ Credit Agreement”), by and between AMERICAN MEDICAL ALERT CORP., a New York corporation (the “ Company”) and THE BANK OF NEW YORK, a New York banking corporation (the “Lender”).
AND WAIVER TO CREDIT AGREEMENT. This Amendment No. 3 and Waiver to Credit Agreement (this “Amendment”) is made as of October 1, 2007, by and among the following:
AND WAIVER TO CREDIT AGREEMENT. This AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT, dated as of April 20, 2020 (this “Amendment”), is entered into by and among, inter alia, CENTRIC BRANDS INC. (f/k/a DIFFERENTIAL BRANDS GROUP INC.), a Delaware corporation (“Borrower”), each other Loan Party, the Lenders signatory hereto, ARES CAPITAL CORPORATION, as the administrative agent (the “Administrative Agent”), ACF XXXXX I LP, as the revolving agent (the “Revolving Agent”) and as the collateral agent (the “Collateral Agent”) and HPS INVESTMENT PARTNERS, LLC, as documentation agent (the “Documentation Agent”; the Documentation Agent together with the Administrative Agent, the Collateral Agent and the Revolving Agent, the “Agents”; the Agents together with the Lenders, the “Lender Parties”). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement (as defined below) and Collateral Agreement (as defined below), as applicable.
AND WAIVER TO CREDIT AGREEMENT. This AMENDMENT NO. 1 AND WAIVER TO CREDIT AGREEMENT dated as of July 25, 2008 (this “Amendment”), by and among LINENS ‘N THINGS, INC., a Delaware corporation (“LNT”) and LINENS ‘N THINGS CENTER, INC., a California corporation (“LNT Center” and together with LNT the “US Borrowers” and each individually a “US Borrower”), LINENS ‘N THINGS CANADA CORP., a Nova Scotia unlimited company (“Canadian Borrower” and together with US Borrowers, the “Borrowers”); LINENS HOLDING CO., a Delaware corporation (“Holdings”); the Subsidiary Guarantors; the Lenders; GE CAPITAL MARKETS, INC. (“GECM”), as lead arranger (in such capacity, “Arranger”); GENERAL ELECTRIC CAPITAL CORPORATION (“GE Capital”), as US swingline lender (in such capacity, “US Swingline Lender”); GENERAL ELECTRIC CAPITAL CORPORATION, as US administrative agent (in such capacity, “US Administrative Agent”) for the Lenders and the Issuing Banks and as US collateral agent (in such capacity, the “US Collateral Agent”) for the Secured Parties; GE CANADA FINANCE HOLDING COMPANY (“GE CANADA”), as Canadian collateral agent (in such capacity, the “Canadian Collateral Agent”; the US Collateral Agents and the Canadian Collateral Agents are collectively referred to herein as the “Collateral Agents”) for the Secured Parties; GE CANADA, as Canadian administrative agent (in such capacity, the “Canadian Administrative Agent” together with the US Administrative Agents, the “Administrative Agents”) for the Lenders and the Issuing Banks, and GE CANADA, as Canadian swingline lender (in such capacity, “Canadian Swingline Lender” and together with US Swingline Lender, the “Swingline Lenders”), amends certain provisions of the Senior Secured, Super-Priority Debtor-in-Possession and Exit Option Credit Agreement, dated as of May 5, 2008, among the US Borrowers, each as a debtor and a debtor-in-possession, the Canadian Borrower, the Lenders party thereto, the Guarantors party thereto, the Arranger and the Agents (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to such terms in the Credit Agreement.
AND WAIVER TO CREDIT AGREEMENT. BANCO DE CRÉDITO DEL PERÚ, as Lender By: Name: Pxxxxx Xxxxx Title: Head of SME Banking By: Name: Title: Amendment No. 3 and Waiver to Credit Agreement BANCO BBVA PERÚ, as Lender By: Name: Rxxx Xxxxxxx Xxxxxxxx Vxxxxxxxxx Title: Gerente General Adjunto By: Name: Fxxxx Exxxx Xxxxxxxx Xxxxxxxxx Title: Gerente General Adjunto
AND WAIVER TO CREDIT AGREEMENT. ITAÚ CORPBANCA NEW YORK BRANCH, as Lender By: Name: Fxxxxx Xxxxxx Title: CFO By: Name: Axxxxxxx Xxxxxxx Xxxxxxxx Title: Corporate Banking Schedule I Specified Defaults
AND WAIVER TO CREDIT AGREEMENT. This Amendment No. 1 and Waiver to Credit Agreement (this “Amendment”) dated as of August 1, 2022, is among Baudax Bio, Inc., a Pennsylvania corporation (“Borrower”). Baudax Bio N.A. LLC, a Delaware limited liability company (“Baudax LLC”). Baudax Bio Limited, a private company incorporated under the laws of Ireland limited by shares having company number 562027 (together with Baudax LLC, collectively, the “Guarantors” and together with the Borrower, the “Loan Parties”). Wilmington Trust, National Association, not individually, but solely in its capacity as administrative and collateral agent for the Lenders (the “Agent”) and the Lenders party hereto.
