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 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 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 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: 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. CHOICE ONE COMMUNICATIONS OF NEW YORK INC. CHOICE ONE COMMUNICATIONS OF PENNSYLVANIA INC. CHOICE ONE COMMUNICATIONS OF MASSACHUSETTS INC. CHOICE ONE COMMUNICATIONS INTERNATIONAL INC. CHOICE ONE COMMUNICATIONS OF RHODE ISLAND INC. CHOICE ONE COMMUNICATIONS OF CONNECTICUT INC. CHOICE ONE COMMUNICATIONS OF MAINE INC. CHOICE ONE OF NEW HAMPSHIRE INC. CHOICE ONE COMMUNICATIONS OF OHIO INC. CHOICE ONE COMMUNICATIONS OF VERMONT INC. CHOICE ONE ONLINE INC. CHOICE ONE COMMUNICATIONS OF VIRGINIA INC. CHOICE ONE COMMUNICATIONS SERVICES INC. US XCHANGE INC. US XCHANGE OF INDIANA, L.L.C. US XCHANGE OF ILLINOIS, L.L.C. US XCHANGE OF WISCONSIN, L.L.C. US XCHANGE OF MICHIGAN, L.L.C. By /s/ Xxxx Xxxxxxxxx -------------------------------------- Name:Xxxx Xxxxxxxxx Title: CFO for each of the entities set forth above GUARANTOR: CHOICE ONE COMMUNICATIONS INC. By /s/ Xxxx Xxxxxxxxx -------------------------------------- Xxxx Xxxxxxxxx Title: CFO FERNWOOD ASSOCIATES, L.P., as Lender By: /s/ Xxxxxx X. Xxxxxx ------------------------------------- Name: Xxxxxx X. Xxxxxx Title: General Partner XXXXXXX SACH CREDIT PARTNERS, I.P., as Lender By: /s/ Xxxxx Xxxxxxx ------------------------------------- Name: Xxxxx Xxxxxxx Title: Authorized Signatory XXXXXXX CAPITAL MANAGEMENT, XX XX, as Lender By: /S/ Xxxxx Xxxxxx ------------------------------------- Name: Xxxxx Xxxxxx Title: STRATEGIC VALUE MASTER FUND,LTD,AS LENDER BY: /s/ Xxxxxxxx Xxxxxxxxx ------------------------------------- NAME: Xxxxxxxx Xxxxxxxxx Title: Authorized Signatory XXXXXXX FINANCIAL SERVICES INTERNATIONAL,Inc., AS Lender By: /s/ Xxxx Xxxxxxxxx ------------------------------------- Name: Xxxx Xxxxxxxxx Title: Portfolio Manager /s/ Xxxxxxxxxxx X. Xxxxxxx ------------------------------------- Xxxxxxxxxxx X. Xxxxxxx Operation Manager CREDIT SUISSE FIRST BOSTON, as Lender By: /s/ Xxxxxx Xxxxxxx ------------------------------------- Name: Xxxxxx Xxxxxxx Title:Vice President DEUTSCHE BANK AND TRUST COMPANY AMERICAS, as Lender By: DB Services New Jersey, Inc. By: /s/ Xxxxxx Xxxxxxxx ------------------------------------- Name: Xxxxxx Xxxxxxxx Title: Vice President GENERAL ELECTRIC CAPITAL CORPORATION, as Administrative Agent, Collateral Agent, Syndication Agent and Lender By: /s/ Xxxxxxxxxxx X. Xxxxxxxx -------------------------------------- Name: Xxxxxxxxxxx X. Xxxxxxxx Title: Senior Vice President XXXXXX XXXXXXX SENIOR FUNDING, INC., as Documentation Agent and Leader By: /s/ Xxx Xxxxxxx ------------------------------------- N...
BORROWERS. Each Lender that is a U.S. Person shall deliver to the Agent and the Administrative Borrower (on or prior to the date on which such Lender becomes a Lender under this Agreement, and from time to time thereafter upon the reasonable request of the Agent or Administrative Borrower) executed copies of IRS Form W-9 or such other documentation or information prescribed by Applicable Law or reasonably requested by the Agent or Administrative Borrower to determine whether such Lender is subject to information reporting requirements and to establish that such Lender is not subject to backup withholding. If any Foreign Lender is entitled to any exemption from or reduction of U.S. withholding tax for payments with respect to the Obligations, it shall, to the extent it is legally permitted to do so, deliver to the Agent and Administrative Borrower, on or prior to the date on which it becomes a Revolver Lender or Fronting Bank hereunder (and from time to time thereafter upon request by the Agent or Administrative Borrower, but only if such Foreign Lender is legally entitled to do so) two executed copies of, (a) IRS Form W-8BEN or W-8BEN-E claiming eligibility for benefits of an income tax treaty to which the United States is a party; (b) IRS Form W-8ECI; (c) IRS Form W-8IMY and all required supporting documentation (including, a certificate in the form of Exhibit J-2 (a “Non-Bank Certificate”) applicable to a partnership, if applicable); (d) in the case of a Foreign Lender claiming the benefits of the exemption for portfolio interest under section 871(h) or section 881(c) of the Code, IRS Form W-8BEN or W-8BEN-E and a Non-Bank Certificate in the form of Exhibit J-1 or Exhibit J-2, as applicable; and/or (e) any other form prescribed by Applicable Law as a basis for claiming exemption from or a reduction in U.S. withholding tax, together with such supplementary documentation as may be necessary to allow the Agent and Borrowers to determine the withholding or deduction required to be made.
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.
BORROWERS. TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation
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. ARCHITECTURAL GRANITE & MARBLE, LLC By: Name: Title: Address: c/o Trive Capital 0000 XxXxxxxx Xxxxxx, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxx Xxxx Telecopy: LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: XXX XX GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ...
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. XXXXXXX DYNAMICS, L.L.C. By: /s/ Xxxxxx XxXxxxxxx Name: Xxxxxx XxXxxxxxx Title: VP CFO XXXXXXX DYNAMICS FINANCE COMPANY By: /s/ Xxxxxx XxXxxxxxx Name: Xxxxxx XxXxxxxxx Title: VP CFO XXXXXX, LLC By: /s/ Xxxxxx XxXxxxxxx Name: Xxxxxx XxXxxxxxx Title: VP CFO HOLDINGS (for purposes of Section 8): XXXXXXX DYNAMICS, INC. By: /s/ Xxxxxx XxXxxxxxx Name: Xxxxxx XxXxxxxxx Title: VP CFO XXXXXX XXXXXX XX, XXXXXX XXXXXXX BRANCH, as a Lender By: /s/ Xxxxxxx X’Xxxx Name: Xxxxxxx X’Xxxx Title: Director By: /s/ Xxxx Ivashkov Name: Xxxx Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President XXXXXX XXXXXX XX, XXXXXX XXXXXXX BRANCH, as a Administrative Agent By: /s/ Xxxxxxx X’Xxxx Name: Xxxxxxx X’Xxxx Title: Director By: /s/ Xxxx Ivashkov Name: Xxxx Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent
