BORROWERS Sample Clauses

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. 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. (a) Effective as of the date hereof, each Subsidiary that has executed this Agreement as a Borrower shall be a “Borrower” hereunder and may receive or cause the Company (as agent for such Subsidiary) to receive Loans for the account of such Subsidiary on the terms and conditions set forth in this Agreement. (b) In the event of any proposed Collateral Substitution wherein any Subsidiary which owns the real property proposed to be a Financed Property in connection with such Collateral Substitution is not an existing Borrower, the Company shall designate such Subsidiary as a Borrower and such Subsidiary shall deliver the documents required by Section 6.05 prior to or substantially simultaneously with such proposed Financed Property entering the Property Pool, including the delivery of a Joinder Agreement executed by such Subsidiary identifying such Subsidiary as a Borrower. The parties hereto acknowledge and agree that prior to any such Subsidiary becoming entitled to receive Loans hereunder, the Lender shall have received the documents required by Section 6.05. Upon satisfaction of the foregoing requirements and any other requirements herein applicable to any such Subsidiary becoming a Borrower hereunder and any proposed Financed Property entering the Property Pool, the Lender agrees to permit such Borrower to receive Loans hereunder on the terms and conditions set forth herein, and each of the parties agrees that such Borrower otherwise shall be a Borrower for all purposes of this Agreement. (c) Notwithstanding any other provision of this Agreement, each Borrower shall be jointly and severally liable as a primary obligor, and not merely as surety, for any and all Obligations, whether voluntary or involuntary and however arising, whether direct or acquired by the Lender by assignment or succession, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined (such Obligations, the “Borrowers’ Liabilities”). (d) Each Borrower expressly waives any and all defenses now or hereafter arising or asserted by reason of (i) any lack of legality, validity or enforceability of this Agreement, of the Master Note, of any other Loan Document, or of any other agreement or instrument creating, providing security for, or otherwise relating to any of the Obligations or any guaranty of any of the Borrowers’ Liabilities (the Loan Documents and all such other agreements and instruments being collectively referred to as the “Related Agree...

BORROWERS. WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, a Delaware corporation By: /s/ Xxxxx Xxxxx (SEAL) Name: Xxxxx Xxxxx Title: Treasurer and Vice President of Tax WABTEC COÖPERATIEF U.A., a coöperatieve vereniging met uitsluiting van aansprakelijkheid under the laws of the Netherlands By: /s/ Xxxxxxx X. Xxxxx (SEAL) Name: Xxxxxxx X. Xxxxx Title: Authorized Person MOTIVEPOWER, INC., a Delaware corporation; RAILROAD FRICTION PRODUCTS CORPORATION, a Delaware corporation; RICON CORP., a California corporation; XXXXXXXX EQUIPMENT, INC., an Ohio corporation; YOUNG TOUCHSTONE COMPANY, a Wisconsin corporation; STANDARD CAR TRUCK COMPANY, a Delaware corporation; DUROX COMPANY, an Ohio corporation; G&B SPECIALTIES, INC., a Pennsylvania corporation; GBI USA HOLDINGS, INC., a Nevada corporation; XORAIL, LLC, a Delaware limited liability company; XORAIL, INC., a Florida corporation; WABTEC INTERNATIONAL, INC., a Delaware corporation; RFPC HOLDING CORP., a Delaware corporation; WABTEC HOLDING CORP., a Delaware corporation; TURBONETICS HOLDINGS, INC., a Delaware corporation; XXXXXX STEEL FOUNDRY CORP., a Delaware corporation; LONGWOOD ELASTOMERS, INC., a Virginia corporation; LONGWOOD INDUSTRIES, INC., a New Jersey corporation; LONGWOOD INTERNATIONAL, INC., a Delaware corporation; RCL, L.L.C., a Tennessee limited liability company; WABTEC RAILWAY ELECTRONICS, INC., a Delaware corporation; WABTEC RAILWAY ELECTRONICS MANUFACTURING, INC., a Delaware corporation; TRANSTECH OF SOUTH CAROLINA, INC., a Delaware corporation By: /s/ Xxxxxxx X. Xxxxx (SEAL) Name: Xxxxxxx X. Xxxxx Title: Vice President, Finance of each Guarantor listed above RAILROAD CONTROLS, L.P., a Texas limited partnership By: RCL, L.L.C., its General Partner By: /s/ Xxxxxxx X. Xxxxx (SEAL) Name: Xxxxxxx X. Xxxxx Title: Vice President, Finance PNC BANK, NATIONAL ASSOCIATION, as a Lender and as Administrative Agent By: /s/ Xxxxxx X. XxXxxx Name: Xxxxx X. XxXxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President BANK OF AMERICA, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. X’Xxxxx Name: Xxxxxxx X. X’Xxxxx Title: Senior Vice President as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: SVP as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Director By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: Deputy Director as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title:...

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. 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. THE AIR & PUMP COMPANY --------- By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Treasurer ------------------------ RSC ALABAMA, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Treasurer ------------------------ RSC INDUSTRIAL CORPORATION By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ RSC XXXXX INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ RSC RENTS, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ XXXXXX XXXXX EQUIPMENT, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Treasurer ------------------------ PARENT GUARANTORS: RSC ACQUISITION CORP. ----------------- By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ RSC HOLDINGS, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ RENTAL SERVICE CORPORATION By: /s/ Xxxxxx X. Xxxxxx --------------------------- Title: Chief Financial Officer ------------------------ AGENT: BT COMMERCIAL CORPORATION, ----- as Agent, as a Revolving Credit Lender and as a Term Loan Lender By: /s/ Xxxxxx Sun --------------------------- Title: Vice President ------------------------ ISSUING BANK: BANKERS TRUST COMPANY, ------------ as Issuing Bank By: /s/ Xxxxxx X. Xxxxxxxxx --------------------------- Title: Vice President ------------------------ -S-2 REVOLVING CREDIT LENDERS: BANKBOSTON, N.A. ------------------------ By: /s/ Xxxxxx X. Xxxxxxx ------------------------------ Title: Director --------------------------- THE BANK OF NOVA SCOTIA By: /s/ Xxxx Xxxxx ------------------------------ Title: Senior Relationship Manager --------------------------- BANK ONE, ARIZONA, NA By: /s/ Xxxxx Xxxxxxxx ------------------------------ Title: Vice President --------------------------- BANQUE PARIBAS By: /s/ Xxxxxxx X. Xxxxxx /s/ Xxxxx X. Xxxxxxx -------------------------------------------- Title: Associate Director ----------------------------------------- BNY FINANCIAL CORPORATION By: /s/ Xxxx Xxxxxxx ------------------------------ Title: Vice President ---------------------------- THE CIT GROUP/BUSINESS CREDIT, INC. By: /s/ Xxxxxxx Xxxxx ------------------------------- Title: Assistant Vice President ---------------------------- -S-3 COLORADO NATIONAL BANK By: /s/ Xxxxx Xxxxxx ---------...

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.