BRANCH BANKING AND TRUST COMPANY a Lender and Incremental Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Consented to by: CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH as a Lender and as an Incremental Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Signatory By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Signatory Consented to by: PNC Bank, National Association As a Lender and as an Incremental Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President Consented to by: ING Capital LLC, as Lender and as an Incremental Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director Consented to by: Compass Bank, as a Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior Vice President DNB CAPITAL LLC, as an Exiting Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Vice President SCHEDULE 1 TO FIRST AMENDMENT AND JOINDER AGREEMENT INCREMENTAL REVOLVING FACILITY COMMITMENTS Name of Incremental Lender Incremental Revolving Facility Commitments Xxxxx Fargo Bank, National Association $ 36,486,486.51 JPMorgan Chase Bank, N.A. $ 36,486,486.51 ABN AMRO Capital USA LLC $ 32,882,882.88 Barclays Bank PLC $ 32,882,882.88 Capital One, National Association $ 32,882,882.88 Citibank, N.A. $ 32,882,882.88 Credit Agricole Corporate and Investment Bank $ 32,882,882.88 The Bank of Nova Scotia $ 32,882,882.88 BMO Xxxxxx Bank N.A. $ 23,423,423.42 Credit Suisse AG, Cayman Islands Branch $ 23,423,423.42 Sumitomo Mitsui Banking Corporation $ 23,423,423.42 The Toronto-Dominion Bank, New York Branch $ 23,423,423.42 U.S. Bank National Association $ 23,423,423.42 Bank of America, N.A. $ 22,522,522.52 Branch Banking and Trust Company $ 22,522,522.52 Canadian Imperial Bank of Commerce, New York Branch $ 22,522,522.52 PNC Bank, National Association $ 22,522,522.52 ING Capital, LLC $ 22,522,522.52 Total: $ 500,000,000.00 SCHEDULE 2 TO FIRST AMENDMENT AND JOINDER AGREEMENT Name of Lender Commitments Applicable Percentage Xxxxx Fargo Bank, National Association $ 145,500,000 7.275 % JPMorgan Chase Bank, N.A. $ 145,500,000 7.275 % ABN AMRO Capital USA LLC $ 131,500,000 6.575 % Barclays Bank PLC $ 131,500,000 6.575 % Capital One, National Association $ 131,500,000 6.575 % Citibank, N.A. $ 131,500,000 6.575 % Credit Agricole Corporate and Investment Bank $ 131,500,000 6.575 % The Bank of Nova Scotia $ 131,50...
BRANCH BANKING AND TRUST COMPANY. By: ------------------------------------------- Name: Title: NOTEHOLDERS: THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: ------------------------------------------- Name: Title: AMERICAN GENERAL ANNUITY INSURANCE COMPANY THE VARIABLE ANNUITY LIFE INSURANCE COMPANY By: ------------------------------------------- Name: Title: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY By: David L. Babson & Company Inc. as Xxxxxxxent Adviser By: ------------------------------------------- Name: Title:
BRANCH BANKING AND TRUST COMPANY as Administrative Agent and as a Bank By: (SEAL) Title: FIRST HORIZON BANK, a Division of First Tennessee Bank, NA By: (SEAL) Sxxxx X. Xxxxxxxxxxx Senior Vice President COMPASS BANK By: (SEAL) T. Rxx Xxxxxxxx Senior Vice President Schedule A [Provide information here to update Schedules and Exhibits to the Credit Agreement and other Loan Documents] Schedule B Exhibit A NAMES, ADDRESSES, PLEDGED EQUITY INTERESTS AND STATES OF ORGANIZATION OF PLEDGED SUBSIDIARIES Pledged Subsidiary Address Equity Interest State of Organization Tuscany Austin GCC L.P. 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Limited Partnership Interests (Uncertificated) Delaware GCC Norfolk LLC 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 00000 Attn: Gxxxxx Xxxxxxxx III 100% of Membership Interests (Uncertificated) Delaware First Park Ten Coco San Antonio, L.P. 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Limited Partnership Interests (Uncertificated) Delaware Gladstone Lending LLC 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Membership Interests (Uncertificated) Delaware GCC COCO, Inc. 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Common Stock, no par value Delaware Corning Big Flats, LLC 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Membership Interests (Uncertificated) Delaware SLEE Grand Prairie, L.P. 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Limited Partnership Interests (Uncertificated) Delaware GCC Acquisition Holdings LLC 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 00000 Attn: Gxxxxx Xxxxxxxx III 100% of Membership Interests (Uncertificated) Delaware 2000 X Xxxxxxxx Xxxxx Xxxxxxx, XX, LLC 1000 Xxxxxxxxxx Xxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III 100% of Membership Interests (Uncertificated) Delaware Schedule C Exhibit A PLEDGORS’ NAMES, ADDRESSES and STATES OF ORGANIZATION AND DESCRIPTION OF PLEDGED MORTGAGE RECEIVABLES State of Description of Pledged Name/Address Organization Mortgage Receivables Gladstone Lending LLC 1000 Xxxxxxxxxx Xxxxx, Xxxxx 000 XxXxxx, XX 22102 Attn: Gxxxxx Xxxxxxxx III Delaware Mortgage: $11,170,000.00 Interest Rate: 10.00% Maturity Date: 02/18/2014 Mortgagor: Mayco Property Holdings LLC (Stonebridge Industries) 40000 Xxxxxxx Xxxx Sterling Heights (Macomb County), MI Gladstone Lending LLC 1000 Xxxxxxxxxx Xxxxx, Xxxxx...
BRANCH BANKING AND TRUST COMPANY a North Carolina corporation (together with its successors and assigns, “BB&T”), as the administrative agent for the secured parties under the Syndicated Loan Documents (as defined below) (together with its successors and assigns in such capacity, the “Syndication Agent”);
BRANCH BANKING AND TRUST COMPANY. By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Senior Vice President ACKNOWLEDGED as of November 21, 2008: VULCAN MATERIALS COMPANY, as Borrower By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President and Chief Financial Officer ACKNOWLEDGED as of November __, 2008: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President
BRANCH BANKING AND TRUST COMPANY as Administrative Agent and as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxxxxx (SEAL) Name: Xxxxxxxxxxx X. Xxxxxxxxx Title: Senior Vice President [The remainder of this page intentionally left blank.] REGIONS BANK By: /s/ Xxxxx Xxxxxxx (SEAL) Name: Xxxxx Xxxxxxx Title: Exec, Vice President
BRANCH BANKING AND TRUST COMPANY as a Lender By: /s/ Rxxxx Xxxx Xxxxxx Name: Rxxxx Xxxx Xxxxxx Title: Vice President 124 HSBC BANK USA, NATIONAL ASSOCIATION,as a Lender By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx Title: Vice President, Commercial Lending 125 THE NORTHERN TRUST COMPANY,as a Lender By: /s/ Wxxxxxx X. Xxxx Name: Wxxxxxx X. Xxxx Title: Vice President 126 BANKERS TRUST COMPANY,as a Lender By: /s/ Jxx XxXxxx Name: Jxx XxXxxx Title: Vice President 127 Schedule 3.2 PATRIOT ACT INFORMATION Legal Name of the Borrower: HNI Corporation State of Organization: Iowa Type of Organization: Corporation Jurisdictions Where Qualified California Address of Chief Executive Office: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Address of Principal Place of Business: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Business Phone Number: 500-000-0000 Organizational Identification Number: 19,355 Federal Tax Identification Number: 40-0000000 Ownership Information (e.g. publicly held, if private or partnership-identity of owners/partners): Publicly held Legal Name of the Guarantor: Maxon Furniture Inc. State of Organization: Iowa Type of Organization: Corporation Jurisdictions Where Qualified Alabama, Maryland, North Carolina, Pennsylvania, South Carolina, Washington Address of Chief Executive Office: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Address of Principal Place of Business: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Business Phone Number: 500-000-0000 Organizational Identification Number: 112,831 Federal Tax Identification Number: 40-0000000 Ownership Information (e.g. publicly held, if private or partnership-identity of owners/partners): Wholly owned subsidiary of HNI Corporation Legal Name of the Guarantor: The Gunlocke Company L.L.C. State of Organization: Iowa Type of Organization: Limited Liability Company Jurisdictions Where Qualified Maryland, Pennsylvania, New York Address of Chief Executive Office: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Address of Principal Place of Business: 400 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 Business Phone Number: 500-000-0000 Organizational Identification Number: 273,864 Federal Tax Identification Number: 20-0000000 Ownership Information (e.g. publicly held, if private or partnership-identity of owners/partners): 100% membership interest vested in Allsteel Inc. Allsteel Inc. is a wholly owned subsidiary of HNI Corporation. Legal Name of the Guarantor: Hickory Business Furniture, LLC State of Organization: North Carolina Type of Organization: Limi...
BRANCH BANKING AND TRUST COMPANY as Administrative Agent, Swingline Lender and as a Lender By: (SEAL) Name: Title: LENDERS: FROST BANK, as a Lender By: (SEAL) Name: Title: 000 XXXXX XXXX XX XXXXXX, as a Lender By: (SEAL) Name: Title: WHITNEY BANK, as a Lender By: (SEAL) Name: Title:
BRANCH BANKING AND TRUST COMPANY. By: Name: Title: EXHIBIT “C” TO CREDIT AGREEMENT FORM OF NOTICE OF BORROWING NOTICE OF BORROWING [________________, 20__] Branch Banking and Trust Company 000 X. Xxxxx Xxxxxx, Xxxxx 0000 Xxxxx, Xxxxxxx 00000 Ladies and Gentlemen: Reference is made to the Credit Agreement dated as of February 28, 2017 (as amended and in effect on the date hereof, the “Credit Agreement”), between, inter alios, the undersigned, as Borrower and Branch Banking and Trust Company, as Lender. Terms defined in the Credit Agreement are used herein with the same meanings. This notice constitutes a Notice of Borrowing, and the Borrower hereby requests an Advance under the Revolving Credit Facility opened pursuant to, and upon the terms and conditions of, the Credit Agreement, and in that connection the Borrower specifies the following information with respect to the Advance requested hereby:
BRANCH BANKING AND TRUST COMPANY. By: --------------------------------- Name: --------------------------- Title: ---------------------------
