BMO Xxxxxx Bank N. A. has issued six (6) standby letters of credit in an aggregate face amount of US $5,497,376.20.
BMO Xxxxxx Bank N. A., as a Revolving Credit Lender and a Term A US Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President
BMO Xxxxxx Bank N. A. is contemporaneously entering into a separate settlement agreement in the actions titled In Re: Checking Account Overdraft Litigation, Case No. 1:09-md- 02036-JLK; Xxxxxx x. Xxxxxx, N.A., N.D. IL Case No. 1:10-cv-2543 and S.D. Fla. Case No.1:10- civ-21821-JLK (the “Xxxxxx Settlement”). In connection with this Agreement and the Xxxxxx Settlement, BMO Xxxxxx Bank, N.A. has provided a sworn declaration describing certain information regarding its ongoing integration of M & I Bank Accounts and accounts covered by the Xxxxxx Settlement, demonstrating why providing direct account credits to Settlement Class Members who are Current Account Holders will be unduly burdensome and not feasible in connection with the Settlement Class Members Payments contemplated under this Agreement.
BMO Xxxxxx Bank N. A. Twin Disc, Incorporated Borrowing Base Certificate Report No. 1 5/31/2018
BMO Xxxxxx Bank N. A., as a Lender and a Co Documentation Agent
BMO Xxxxxx Bank N. A., as a 2020 Refinancing Revolving Credit Lender and a 2020 Incremental Revolving Credit Lender
BMO Xxxxxx Bank N. A., as Administrative Agent (the “Administrative Agent”), the lenders party thereto (the “Lenders”), and BG Staffing, Inc., a Delaware corporation (the “Borrower”), have entered into the Credit Agreement dated as of July 16, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). The Borrower and each of the Guarantors are members of the same consolidated group of companies and are engaged in operations that require financing on a basis in which credit can be made available from time to time to the Borrower, and the Guarantors will derive direct and indirect economic benefit from the Loans under the Credit Agreement and the financial accommodations under Bank Product Agreements. It is a condition precedent to the obligation of the Lenders to make Loans under the Credit Agreement and to extend other financial accommodations under the Loan Documents, and of the Lenders and their respective Affiliates to provide financial accommodations pursuant to any Bank Product Agreement, that Guarantors shall have executed and delivered this Guaranty. Each Lender, the Administrative Agent, the L/C Issuer, each Bank Product Provider that is owed any Bank Product Obligation, and each beneficiary of each indemnification obligation undertaken by any Obligated Party under any Loan Document are herein referred to collectively as the “Guaranteed Parties.”
BMO Xxxxxx Bank N. A. has adopted internal policies and procedures that address requirements placed on federally regulated lenders under the National Flood Insurance Reform Act of 1994 and related legislation (the “Flood Laws”). BMO Xxxxxx Bank N.A., as administrative agent or collateral agent on a syndicated facility, will post on the applicable electronic platform (or otherwise distribute to each Lender in the syndicate) documents that it receives in connection with the Flood Laws. However, BMO Xxxxxx Bank N.A. reminds each Lender and Participant in the facility that, pursuant to the Flood Laws, each federally regulated Lender (whether acting as a Lender or Participant in the facility) is responsible for assuring its own compliance with the flood insurance requirements.
BMO Xxxxxx Bank N. A. confirms that it has received a copy of the Credit Agreement and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this First Amendment.
