COLLATERAL AGENT AND ADMINISTRATIVE AGENT Sample Clauses

COLLATERAL AGENT AND ADMINISTRATIVE AGENT. WHITEHAWK CAPITAL PARTNERS LP, as Administrative Agent and Collateral Agent By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Partner LENDER: WHITEHAWK FINANCE LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Partner
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT. WHITEHAWK CAPITAL PARTNERS, LP, as Administrative Agent and Collateral Agent By: Name: Title: LENDERS: WHITEHAWK FINANCE LLC By: Name: Title: Schedule 1.01(B) LENDERS, COMMITMENTS AND COMMITMENT PERCENTAGES Lender April 2024 Bridge Loan Commitment June 2024 Bridge Loan Commitment Commitment Percentage Whitehawk Finance LLC $ 2,000,000 $ 3,000,000 100.00000000 % Totals $ 2,000,000 $ 3,000,000 100.00000000 %
Sample 1
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. ABLECO FINANCE LLC, a Delaware limited liability company By: /s/ Xxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President LENDERS: ABLECO FINANCE LLC, a Delaware limited liability company, on behalf of itself and its affiliate assigns By: /s/ Xxxxxxxxx X. Xxxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx Title: Vice President [SIGNATURE PAGE TO AMENDMENT NUMBER TWO TO FINANCING AGREEMENT] SCHEDULE C-1 Lenders and Lenders’ Commitments LENDER REVOLVING CREDIT COMMITMENT TERM LOAN A COMMITMENT TERM LOAN B COMMITMENT TOTAL COMMITMENT Ableco Finance LLC and its affiliate assigns $ 6,000,000 $ 5,958,333.32 $ 6,019,576.30 $ 17,977,909.62 All Lenders $ 6,000,000 $ 5,958,333.32 $ 6,019,576.30 $ 17,977,909.62 SCHEDULE 6.01(e) Subsidiaries Name of Entity* Type Jurisdiction Ownership Liens** Mattress Firm, Inc. (“MFI”) corp. Delaware 100% of common stock (1,010.7135 shares) owned by Parent None. Mattress Firm Investment Management, Inc. corp. Arizona 100% of common stock (1,000 shares) owned by MFI None. Festro, Inc. corp. Texas 100% of common stock (3,000 shares) owned by MFI None. TeamExcel Management Company corp. Texas 100% of common stock (806 shares) owned by MFI None. Mattress Firm Operating, Ltd. LP Texas GP interest (1%): owned by Festro, Inc. LP interest (99%): owned by Mattress Firm Investment Management, Inc. None. Mattress Venture Investment Management, LLC LLC Arizona 100% membership interest, owned by Mattress Firm Operating, Ltd. None. Festro II, LLC LLC Texas 100% membership interest, owned by Mattress Firm Operating, Ltd. None. The Mattress Venture, L.P. LP Texas GP interest (1%): owned by Festro II, Inc. LP interest (99%): owned by Mattress Venture Investment Management, LLC None. Georgia Mattress Corp. (“GMC”) corp. Georgia 100% of common stock (100 shares) owned by Parent None. Elite Management Team, Inc. corp. Georgia 100% of common stock (640,145.84 shares) owned by GMC None. * Excludes MFA, as this entity is not a “Subsidiary” (as defined) on the Second Amendment Effective Date. ** Except for Liens securing the Obligations, and other Permitted Liens. SCHEDULE 6.01(ff) Collateral Locations Tangible Collateral (except for Inventory in transit) is located at the following locations:
Sample 1
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. ● WHITEHAWK CAPITAL PARTNERS, LP, as Administrative Agent and Collateral Agent By:​ ​ Name: Title: KL2 3287103.6 ​ LENDERS: WHITEHAWK FINANCE LLC By: ______________________________ Name: Title: ​ ●​ ​ ​ ​ KL2 3287103.6 ​ Exhibit B ​ [Exhibit H - Form of Subordination Agreement]
Sample 1
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. MANCHESTER SECURITIES CORP., a New York corporation By: /s/ Xxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Vice President LENDERS: MANCHESTER SECURITIES CORP., a New York corporation By: /s/ Xxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Vice President XXXXX X. XXXXXX By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx, in his individual capacity XXXXX X. XXXXXX TRUST A-4 By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx MILFAM I, L.P. By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx MILFAM II, L.P. By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT. DBFIP ANI LLC, a Delaware limited liability company By: /s/ Pxxx Xxxxx Name: Pxxx Xxxxx Title: Chief Financial Officer [Lender signature pages on file with the Company.]
Sample 1
COLLATERAL AGENT AND ADMINISTRATIVE AGENT. CERBERUS BUSINESS FINANCE, LLC By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: President LOAN AGREEMENT LENDERS: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director CERBERUS ASRS HOLDINGS LLC By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Vice President CERBERUS ICQ LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus ICQ Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director LOAN AGREEMENT CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: /s/ Dxxxxx X. Xxxx Name: Dxxxxx X. Xxxx Title: Senior Managing Director LOAN AGREEMENT
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT. CALLODINE COMMERCIAL FINANCE, LLC (as successor to Xxxxxx Xxxxxxxx Finance Company) By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director LENDERS: CALLODINE COMMERCIAL FINANCE SPV, LLC (f/k/a Xxxxxx Xxxxxxxx Finance Company, LLC) By:/s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director XXXXXX XXXXXXXX BRANDS, LLC By:/s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: President 1903 PARTNERS, LLC By: /s/ Xxxxxxxx Xxx Name: Xxxxxxxx Xxx Title: Chief Operating Officer
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COLLATERAL AGENT AND ADMINISTRATIVE AGENT 
Sample 1

Related to COLLATERAL AGENT AND ADMINISTRATIVE AGENT

  • Successor Administrative Agent and Collateral Agent (a) Administrative Agent and Collateral Agent may resign at any time by giving thirty (30) days’ prior written notice thereof to Lxxxxxx and Bxxxxxxx. Upon any such notice of resignation, Requisite Lenders shall have the right, upon five (5) Business Days’ notice to Bxxxxxxx, to appoint a successor Administrative Agent and Collateral Agent; provided that in no event shall any such successor Agent be a Defaulting Lender. Upon the acceptance of any appointment as Administrative Agent and Collateral Agent hereunder by a successor Administrative Agent and Collateral Agent, that successor Administrative Agent and Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent and Collateral Agent and the retiring Administrative Agent and Collateral Agent shall promptly (i) transfer to such successor Administrative Agent and Collateral Agent all sums, Securities and other items of Collateral held under the Collateral Documents, together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Administrative Agent and Collateral Agent under the Loan Documents, and (ii) execute and deliver to such successor Administrative Agent and Collateral Agent such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Administrative Agent and Collateral Agent of the security interests created under the Collateral Documents, whereupon such retiring Administrative Agent and Collateral Agent shall be discharged from its duties and obligations hereunder. After any retiring Administrative Agent’s and Collateral Agent’s resignation hereunder as Administrative Agent and Collateral Agent, the provisions of this Article X shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent and Collateral Agent hereunder.

  • Administrative Agent Bank of America, N.A., as the administrative agent under the Credit Agreement

  • Non-Reliance on Administrative Agent, Collateral Agent and Other Lenders Each Lender expressly acknowledges that neither the Administrative Agent nor the Collateral Agent nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Administrative Agent or Collateral Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or any other Credit Party, shall be deemed to constitute any representation or warranty by the Administrative Agent or Collateral Agent to any Lender, the Swingline Lender or any Letter of Credit Issuer. Each Lender, the Swingline Lender and each Letter of Credit Issuer represents to the Administrative Agent and the Collateral Agent that it has, independently and without reliance upon the Administrative Agent, Collateral Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Guarantor and other Credit Party and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent, Collateral Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrower, any Guarantor and any other Credit Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, neither the Administrative Agent nor the Collateral Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, any Guarantor or any other Credit Party that may come into the possession of the Administrative Agent or Collateral Agent any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

  • Administrative Agent as Lender The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • Administrative Agent’s Reliance Notwithstanding any other provisions of this Agreement or any other Loan Documents, neither the Administrative Agent nor any of its Related Parties shall be liable for any action taken or not taken by it under or in connection with this Agreement or any other Loan Document, except for its or their own gross negligence or willful misconduct in connection with its duties expressly set forth herein or therein as determined by a court of competent jurisdiction in a final non-appealable judgment. Without limiting the generality of the foregoing, the Administrative Agent may consult with legal counsel (including its own counsel or counsel for the Borrower or any other Loan Party), independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants or experts. Neither the Administrative Agent nor any of its Related Parties: (a) makes any warranty or representation to any Lender, any Issuing Bank or any other Person, or shall be responsible to any Lender, any Issuing Bank or any other Person for any statement, warranty or representation made or deemed made by the Borrower, any other Loan Party or any other Person in or in connection with this Agreement or any other Loan Document; (b) shall have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or any other Loan Document or the satisfaction of any conditions precedent under this Agreement or any Loan Document on the part of the Borrower or other Persons, or to inspect the property, books or records of the Borrower or any other Person; (c) shall be responsible to any Lender or any Issuing Bank for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or any other Loan Document, any other instrument or document furnished pursuant thereto or any collateral covered thereby or the perfection or priority of any Lien in favor of the Administrative Agent on behalf of the Lender Parties in any such collateral; (d) shall have any liability in respect of any recitals, statements, certifications, representations or warranties contained in any of the Loan Documents or any other document, instrument, agreement, certificate or statement delivered in connection therewith; and (e) shall incur any liability under or in respect of this Agreement or any other Loan Document by acting upon any notice, consent, certificate or other instrument or writing (which may be by telephone, telecopy or electronic mail) believed by it to be genuine and signed, sent or given by the proper party or parties. The Administrative Agent may execute any of its duties under the Loan Documents by or through agents, employees or attorneys-in-fact and shall not be responsible for the negligence or misconduct of any agent or attorney-in-fact that it selects in the absence of gross negligence or willful misconduct in the selection of such agent or attorney-in-fact as determined by a court of competent jurisdiction in a final non-appealable judgment.

  • Resignation of Administrative Agent and Successor Administrative Agent The Administrative Agent may resign at any time by giving written notice thereof to the Lenders and the Borrower. Upon any such resignation of the Administrative Agent, the Required Lenders shall have the right to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent’s giving of notice of resignation then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent, which may be any Lender hereunder or any commercial bank organized under the laws of the United States of America or of any State thereof and having a combined capital and surplus of at least $200,000,000. Upon the acceptance of its appointment as the Administrative Agent hereunder, such successor Administrative Agent shall thereupon succeed to and become vested with all the rights and duties of the retiring Administrative Agent under the Loan Documents, and the retiring Administrative Agent shall be discharged from its duties and obligations thereunder. After any retiring Administrative Agent’s resignation hereunder as Administrative Agent, the provisions of this Section 11 and all protective provisions of the other Loan Documents shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent, but no successor Administrative Agent shall in any event be liable or responsible for any actions of its predecessor. If the Administrative Agent resigns and no successor is appointed, the rights and obligations of such Administrative Agent shall be automatically assumed by the Required Lenders and (i) the Borrower shall be directed to make all payments due each Lender hereunder directly to such Lender and (ii) the Administrative Agent’s rights in the Collateral Documents shall be assigned without representation, recourse or warranty to the Lenders as their interests may appear.

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