BORROWERS. BODY SHOP OF AMERICA, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer CATALOGUE VENTURES, INC., a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer GUARANTORS: BODY CENTRAL ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer RINZI AIR, L.L.C., a Florida limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer ADMINISTRATIVE AGENT: DYMAS FUNDING COMPANY, LLC, as Administrative Agent By: Dymas Capital Management Company, LLC, its Manager By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director LENDERS: XXXXXXXXX FINANCIAL CAYMAN LTD., as a Lender By: Xxxxxxxxx Financial LLC, as Collateral Manager By: /s/ Xxxxxxxxxxx Xxx Name: Xxxxxxxxxxx Xxx Title: Managing Director NEWSTAR SHORT-TERM FUNDING LLC, as a Lender By: NewStar Financial, Inc., its Designated Manager By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director NEWSTAR LLC 2005-1, as a Lender By: NewStar Financial, Inc., its Sole Member By: /s/ P. Xxxxx Xxxxxxxxx Name: NewStar Financial Title: Managing Director A3 FUNDING LP, as a Lender By: A3 Fund Management LLC, its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President A4 FUNDING LP, as a Lender By: A4 Fund Management, Inc., its General Partner By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President ABLECO FINANCE LLC, as a Lender By: /s/ Alexander J, Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Senior Vice President NATIONAL CITY BANK, as a Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Portfolio Manager CAPITALSOURCE FINANCE LLC, as a Lender By: Name: Title: EXHIBIT A TO WAIVER AND THIRD AMENDMENT TO FINANCING AGREEMENT Dated as of January 25, 2008 DESIGNATED DEFAULTS None, except:
BORROWERS. The Available Securities may be loaned to any Borrower identified on the Schedule of Borrowers, as such Schedule may be modified from time to time by State Street and Client, including without limitation, the Capital Markets division of State Street; provided, however, if Available Securities are loaned to the Capital Markets division, in addition to being consistent with the terms hereof, said Loan shall be made in accordance with the terms of the Securities Loan Agreement attached hereto as Exhibit 3.1, as modified form time to time in accordance with the provisions hereof (hereinafter, the "State Street Securities Loan Agreement"). The form of the State Street Securities Loan Agreement may be modified by State Street from time to time, without the consent of the Client, in order to comply with the requirements of law or any regulatory authority having jurisdiction over State Street, the Client or the securities lending program or in any other manner that is not material and adverse to the interests of the Client. Client acknowledges that it is aware that State Street, acting as "Lender's Agent" hereunder and thereunder, is or may be deemed to be the same legal entity as State Street acting as "Borrower" under the State Street Securities Loan Agreement, notwithstanding the different designations used herein and therein or the dual roles assumed by State Street hereunder and thereunder. Client represents that the power granted herein to State Street, as agent, to lend U.S. Securities owned by Client (including, in legal effect, the power granted to State Street to make Loans to itself) and the other powers granted to State Street, as agent herein, are given expressly for the purpose of averting and waiving any prohibitions upon such lending or other exercise of such powers which might exist in the absence of such powers, and that transactions effected pursuant to and in compliance with this Agreement and the State Street Securities Loan Agreement will not constitute a breach of trust or other fiduciary duty by State Street. Client further acknowledges that it has granted State Street the power to effect securities lending transactions with the Capital Markets division of State Street and other powers assigned to State Street hereunder and under the Securities Loan Agreements and the State Street Securities Loan Agreement as a result of Client's desire to increase the opportunity for it to lend securities held in its account on fair and reasonable terms to...
BORROWERS. NEIGHBORHOODS CAPITAL, LLC By: /s/ Mxxxxx X. Alloy (SEAL) Name: Mxxxxx X. Alloy Title: Chairman BRAM NEIGHBORHOODS, LLC, GLENKIRK NEIGHBORHOODS, LLC, GXXXX XXXXX ESTATES, LLC, NEIGHBORHOODS I, L.L.C., NEIGHBORHOODS II, LLC, NEIGHBORHOODS III, LLC, NEIGHBORHOODS IV, LLC, COLES RUN NEIGHBORHOODS, LLC, ZION NEIGHBORHOODS, LLC, WALL NEIGHBORHOODS, LLC, MARUMSCO NEIGHBORHOODS, LLC, NEIGHBORHOODS VI, LLC, BEECH GROVE NEIGHBORHOODS, LLC, NEIGHBORHOODS V, LLC, LANDMARK NEIGHBORHOODS, LLC, BRAM III NEIGHBORHOODS, LLC OLD DOMINION NEIGHBORHOODS, LLC, and SPRING PARK NEIGHBORHOODS, LLC FAIR OAKS NEIGHBORHOODS, LLC By: NEIGHBORHOODS CAPITAL, LLC, its Sole Member By: /s/ Mxxxxx X. Alloy (SEAL) Name: Mxxxxx X. Alloy Title: Chairman [Executions Continue on the Following Page) GUARANTORS: SXXXXXX-XXXXXX COMMUNITIES, LLC a Delaware limited liability company By: /s/ Sxxxxx X. Alloy (SEAL) Name: Sxxxxx X. Alloy Title: President SXXXXXX-XXXXXX FINANCING CORP., a Delaware corporation By: /s/ Sxxxxx X. Alloy (SEAL) Name: Sxxxxx X. Alloy Title: President KF NEIGHBORHOODS, L.L.C., KX XX NEIGHBORHOODS, LLC and WILDEWOOD NEIGHBORHOODS, LLC By: NEIGHBORHOODS CAPITAL, LLC, its Sole Member By: /s/ Mxxxxx X. Alloy (SEAL) Name: Mxxxxx X. Alloy Title: Chairman [Executions Continue on the Following Page]
BORROWERS. WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation By: (SEAL)Name:Axxxxx Xxxxxx-Xxxxx Title:Chief Financial Officer WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands By: (SEAL)Name:Pxxxxxx X. Xxxxx Title:Authorized Person EXHIBIT 1.1(N)(2) FORM OF AMENDED AND RESTATED SWING LOAN NOTE $30,000,000 Pittsburgh, PennsylvaniaDecember 19, 2013 FOR VALUE RECEIVED, the undersigned, WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation, and WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands (herein collectively called the "Borrowers" and each a "Borrower"), hereby unconditionally promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION (the "Lender"), the lesser of (a) the principal sum of Thirty Million Dollars (US$30,000,000), or (b) the aggregate unpaid principal balance of all Swing Loans made by the Lender to the Borrowers pursuant to the First Amended and Restated Refinancing Credit Agreement, dated as of December 19, 2013, among the Borrowers, the Guarantors now or hereafter party thereto, the Lenders now or hereafter party thereto, and the Lender, as administrative agent (hereinafter referred to in such capacity as the "Administrative Agent") (as amended, restated, modified, or supplemented from time to time, the "Credit Agreement"), payable with respect to each Swing Loan evidenced hereby on the earlier of: (i) demand by the Lender; or (ii) on the Expiration Date. The Borrowers shall pay interest on the unpaid principal balance of each Swing Loan from time to time outstanding from the date hereof at the rate per annum and on the date(s) provided in the Credit Agreement. Subject to the provisions of the Credit Agreement, interest on this Amended and Restated Swing Loan Note will be payable pursuant to Section 5.5 [Interest Payment Dates] of, or as otherwise provided in, the Credit Agreement. If any payment or action to be made or taken hereunder shall be stated to be or become due on a day which is not a Business Day, such payment or action shall be made or taken on the next following Business Day, unless otherwise provided in the Credit Agreement, and such extension of time shall be included in computing interest or fees, if any, in connection with such payment or action. Upon the occurrence and during the continuation of an Event of Default, the Borrowers shall pay inte...
BORROWERS. OVERLAND STORAGE, INC., a California corporation, as Company and as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO TANDBERG DATA GMBH, a limited liability company organized under the laws of Germany, as a Borrower By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Geschaftsfuhrer [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] GUARANTORS: OVERLAND STORAGE, INC., a California corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D CORP., a corporation organized under the laws of Ontario Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP and CFO SPHERE 3D INC., a corporation organized under the laws of Canada, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: SVP, CFO, and Secretary V3 SYSTEMS HOLDINGS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxxxxx Name: Xxxx Xxxxxxxxxxx Title: Secretary and CFO [AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATION] LENDER: OPUS BANK, a California commercial bank, as Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Its: Authorized Signatory
BORROWERS. In the exercise of the rights and powers conferred upon the Assignee/Lender under the Loan Agreement, Deed Of Assignment And Power Of Attorney All Dated 31st Day Of January 2005 entered into between the Assignee/Lender and the Assignors/Borrowers in respect of the Sale and Purchase Agreement entered into between Segi Objektif (M) Sdn Bhd (“the Vendor”) and the Assignors/Borrowers dated the 19th Day Of November 2004, it is hereby proclaimed that the Assignee/Lender with the assistance of the undermentioned Auctioneer WILL SELL THE PROPERTY DESCRIBED BELOW BY PUBLIC AUCTION ON SATURDAY THE 25TH DAY OF APRIL 2015 AT 11:00 AM IN THE MORNING, AT 1926 HERITAGE HOTEL, ROOM RED GINGER I, XX. 000, XXXXX XXXXX, 00000 XXXXXX. NOTE:- Prospective bidders are advised to :- (i) inspect the subject property, obtain confirmation from the Developer/Landowner and/or relevant authorities as to the correctness of the particulars of the property and check on the issuance of separate individual strata title (ii) seek independent legal advise on all matters in connection with the auction sale, including the Conditions of Sale herein (iii) conduct an official search on the Parent Title at the relevant Land Office and/or other relevant authorities and (iv) make the necessary enquiries with the relevant authorities as to whether the sale is open to all races or to Malaysian Citizens who are Bumiputras only and also on the other terms of consent to the sale herein prior to the auction sale. The successful bidder (“the Purchaser”) shall immediately upon the sale undertake to apply for and obtain the consent to transfer (if any) from the Developer and/or the Proprietor and/or State Authorities or relevant bodies. PARTICULARS OF PROPERTY:- MASTER TITLE NO. AND LOT PT NO. : HS(D) 7398, Xxx Xx. XX 0000 XXXXXXX/XXXX/XXXXXXXX/XXXXX : Mukim of Gunong Semanggol, District of Kerian, Perak Darul Ridzuan APPROXIMATE FLOOR AREA : 452 sq. feet. (42 sq. metres.) TENURE : Leasehold DEVELOPER / REGISTERED PROPRIETOR : Segi Objektif (M) Sdn Bhd ENCUMBRANCE : Assigned to MALAYSIA BUILDING SOCIETY BERHAD LOCATION AND DESCRIPTION OF THE PROPERTY The subject property is a one (1) bedroom studio type service apartment identified as Parcel Xx. X/0000, Xxxxx Xx. 00, Xxxxxxxx Xx. Xxxxx X, Xxxxx Laketown Service Apartment, Bukit Merah Laketown and bearing postal address at Xxxx Xx. 0000 (X-00-0000), Xxxxx X, Xxxxx Xxxxxxxx Service Apartment, Bukit Merah Laketown, Xxxxx Xxxxx Xxxxx, 00000 Xxxxxx Xxxxxxxxx, Xxxx...
BORROWERS. Advanced Infusion Systems, Inc. American X-Rays, Inc. C.P.C. of Louisiana, Inc. Community Behavioral Health System, Inc. Community Psychiatric Centers of Arkansas, Inc. Community Psychiatric Centers of California Community Psychiatric Centers of Florida, Inc. Community Psychiatric Centers of Idaho, Inc. Community Psychiatric Centers of Indiana, Inc. Community Psychiatric Centers of Kansas, Inc. Community Psychiatric Centers of Mississippi, Inc. Community Psychiatric Centers of Missouri, Inc. Community Psychiatric Centers of North Carolina, Inc. Community Psychiatric Centers of Oklahoma, Inc. Community Psychiatric Centers of Utah, Inc. Community Psychiatric Centers Properties Incorporated Community Psychiatric Centers Properties of Oklahoma, Inc. Community Psychiatric Centers Properties of Texas, Inc. Community Psychiatric Centers Properties of Utah, Inc. Courtland Gardens Health Center, Inc. CPC Investment Corp. CPC Managed Care Health Services, Inc. CPC of Georgia, Inc. CPC Properties of Arkansas, Inc. CPC Properties of Illinois, Inc. CPC Properties of Indiana, Inc. CPC Properties of Kansas, Inc. CPC Properties of Louisiana, Inc. CPC Properties of Mississippi, Inc. CPC Properties of Missouri, Inc. CPC Properties of North Carolina, Inc. First Rehab, Inc. Florida Hospital Properties, Inc. Health Care Holdings, Inc. Health Care Technology, Inc. Helian ASC of Northridge, Inc. Helian Health Group, Inc. Helian Recovery Corporation Homestead Health Center, Inc. Horizon Healthcare Services, Inc. Interamericana Health Care Group
BORROWERS. Securities may be lent to any Borrower selected by Chase in Chase's sole discretion, in accordance with the terms hereof. In that connection, Appendix 1 may be amended from time to time by Chase on notice to Lender.
BORROWERS. The Available Securities may be loaned to any Borrower identified on Schedule D, the Schedule of Approved Borrowers, as such schedule may be modified from time to time by State Street and the Fund as stated herein. In no event may Available Securities be loaned to any Borrower who is an affiliate of State Street, whether or not such Borrower is listed on Schedule D. State Street shall provide the Funds with a list of current Borrowers that State Street has selected, and shall update such list monthly except where such list remains unchanged from the previous month. Except for any potential Borrowers with respect to whom a Fund notifies State Street in writing that the Borrower is unacceptable, the updated list shall become the amended Schedule D. Any Borrowers deleted from State Street’s list of current Borrowers shall automatically be deleted at the same time from Schedule D. State Street shall not be responsible for any statements, representations, warranties or covenants made by any Borrower in connection with any Loan or for any Borrower’s performance of or failure to perform the terms of any Loan under the applicable Securities Loan Agreement or any related agreement, including the failure to make any required payments, except as otherwise expressly provided herein.
BORROWERS. WABASH NATIONAL CORPORATION By________________________________________ Xxxxxxxxxxx X. Black Its Vice President and Treasurer WABASH NATIONAL, L.P. By________________________________________ Xxxxxxxxxxx X. Black Its Vice President and Treasurer WNC CLOUD MERGER SUB, INC. By________________________________________ Xxxxxxxxxxx X. Black Its Authorized Representative FTSI DISTRIBUTION COMPANY, L.P. By________________________________________ Xxxxxxxxxxx X. Black Its Authorized Representative [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] FLEET CAPITAL CORPORATION, as Agent and as a Lender By_________________________________________ Title______________________________________ Revolving Loan Commitment: $39,396,668.16 Term Loan Commitment: $10,603,331.84 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] NATIONAL CITY COMMERCIAL FINANCE, INC., as Syndication Agent and as a Lender By_________________________________________ Title______________________________________ Revolving Loan Commitment: $29,941,467.81 Term Loan Commitment: $8,058,532.19 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] GENERAL ELECTRIC CAPITAL CORPORATION, as a Documentation Agent and as a Lender By________________________________________ Title_____________________________________ Revolving Loan Commitment: $27,577,667.72 Term Loan Commitment: $7,422,332,28 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] WACHOVIA BANK, NATIONAL ASSOCIATION, as a Documentation Agent and as a Lender By_________________________________________ Title______________________________________ Revolving Loan Commitment: $27,577,677.72 Term Loan Commitment: $7,422,332.28 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] XXXXXXX XXXXX CAPITAL, a Division of Xxxxxxx Xxxxx Business Financial Services, Inc. as a Lender By____________________________________________ Title_________________________________________ Revolving Loan Commitment: $18,201,260.69 Term Loan Commitment: $4,898,739.31 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] WASHINGTON MUTUAL BANK, as a Lender By_________________________________________ Title______________________________________ Revolving Loan Commitment: $8,667,267.00 Term Loan Commitment: $2,332,733.00 [SIGNATURE PAGES TO WABASH - LOAN AND SECURITY AGREEMENT] FIFTH THIRD BANK, as a Lender By_________________________________________ Title______________________________________ Revolving Loan Commitment: $11,819,000.45 Term Loan Commitment: $3...
