Common use of DOMESTIC BORROWERS Clause in Contracts

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Chairman, Creator, Curator & Co-Chief Executive Officer CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Co-Chief Executive Officer BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Tranche A Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATON, as a Tranche A Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION BANK, N.A., as a Tranche A Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President UNION BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President

Appears in 1 contract

Samples: Credit Agreement (Restoration Hardware Holdings Inc)

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DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., SXXXX HOLDINGS LLC as Lead Borrower and as a Domestic Borrower By /s/ Xxxx Xxxxxxxx Mxxxx Xxxxxxx Name: Xxxx Xxxxxxxx Mxxxx Xxxxxxx Title: Chairman, Creator, Curator & Co-Senior Vice President and Chief Executive Financial Officer BEAUTY SYSTEMS GROUP LLC as Domestic Borrower /s/ Mxxxx Xxxxxxx Name: Mxxxx Xxxxxxx Title: Senior Vice President and Chief Financial Officer SXXXX BEAUTY SUPPLY LLC as Domestic Borrower /s/ Mxxxx Xxxxxxx Name: Mxxxx Xxxxxxx Title: Senior Vice President and Chief Financial Officer CANADIAN BORROWER: RESTORATION HARDWARE BEAUTY SYSTEMS GROUP (CANADA), INC., . as Canadian Borrower By /s/ Xxxx Mxxxx Xxxxxxx Name: Mxxxx Xxxxxxx Title: Senior Vice President and Chief Financial Officer GUARANTORS: SXXXX CAPITAL INC. SXXXX BEAUTY HOLDINGS, INC. SXXXX INVESTMENT HOLDINGS LLC ARCADIA BEAUTY LABS LLC AXXXXXXXX MXXXXX HOLDINGS, INC. AXXXXXXXX MXXXXX HOLDINGS, L.L.C. AXXXXXXXX MXXXXX, L.X. XXXXXXXXX XXXXXX MANAGEMENT, L.C. BEAUTY HOLDING LLC DIORAMA SERVICES COMPANY, LLC INNOVATIONS – SUCCESSFUL SALON SERVICES LOXA BEAUTY LLC NEKA SALON SUPPLY, INC. PROCARE LABORATORIES, INC. SXXXX BEAUTY INTERNATIONAL FINANCE LLC SXXXX BEAUTY MILITARY SUPPLY LLC /s/ Mxxxx Xxxxxxx Name: Mxxxx Xxxxxxx Title: Senior Vice President and Chief Financial Officer SALON SUCCESS INTERNATIONAL, LLC /s/ Dxxxxx Xxxxxxxx Name: Xxxx Dxxxxx Xxxxxxxx Title: Co-Chief Executive Officer Manager BANK OF AMERICA, N.A., as Administrative Agent By: and as Collateral Agent /s/ Xxxxx Mxxxxxx Xxxxxx Name: Xxxxx Mxxxxxx Xxxxxx Title: Senior Vice President BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as Canadian Agent /s/ Sxxxxx Xxxxxxxxxx Name: Sxxxxx Xxxxxxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Tranche A Revolving Domestic Lender, an Incremental Lender, a Term Lender, Domestic L/C Issuer and Domestic Swing Line Lender By: /s/ Xxxxx Mxxxxxx Xxxxxx Name: Xxxxx Mxxxxxx Xxxxxx Title: Senior Vice President BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender, and Canadian Swing Line Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Sxxxxx Xxxxxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Sxxxxx Xxxxxxxxxx Title: Vice President XXXXX FARGO JPMORGAN CHASE BANK, NATIONAL ASSOCIATONN.A., as a Tranche A Revolving Domestic Lender and L/C Issuer By/s/ Lxxxx Xxxxxxxx Name: Lxxxx Xxxxxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as a Canadian Lender /s/ Xxxx Jxxxxxx Xxxxxxx Name: Jxxxxxx Xxxxxxx Title: Executive Director TRUIST BANK, as a Revolving Domestic Lender /s/ Kxxxx X. Xxxxxx Name: Kxxxx X. Xxxxxx Title: Vice President TRUIST BANK, as a Canadian Lender /s/ Kxxxx X. Xxxxxx Name: Kxxxx X. Xxxxxx Title: Vice President CITIZENS BANK, N.A., as a Revolving Domestic Lender /s/ Wxxxxxx Xxxxx Name: Xxxx X. Wxxxxxx Xxxxx Title: AVP CITIZENS BANK, N.A., as a Canadian Lender /s/ Wxxxxxx Xxxxx Name: Wxxxxxx Xxxxx Title: AVP [Signature page to fourth Amendment to Amended and Restated Credit Agreement] REGIONS BANK, as a Revolving Domestic Lender /s/ Axxxxxx Xxxxxxx Name: Axxxxxx Xxxxxxx Title: Director REGIONS BANK, as a Canadian Lender /s/ Axxxxxx Xxxxxxx Name: Axxxxxx Xxxxxxx Title: Director U.S. BANK NATIONAL ASSOCIATONASSOCIATION, as a Tranche A Revolving Domestic Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION BANK, N.A., as a Tranche A Lender By: /s/ Xxxxx Cxxxx Xxxxxxxx Name: Xxxxx Cxxxx Xxxxxxxx Title: Senior Vice President UNION BANKU.S. BANK NATIONAL ASSOCIATION, ACTING THROUGH ITS CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxxxxx Cxxxx Xxxxxxxx Name: Xxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Cxxxx Xxxxxxxx Title: Senior Vice PresidentPresident Annex A Composite Credit Agreement [see attached] Annex A AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 6, 2017, as amended on April 15, 2020, as amended on September 2, 2020, and as furtheras amended on May 11, 2021, and as further amended on April 19, 2023 among SXXXX HOLDINGS LLC BEAUTY SYSTEMS GROUP LLC SXXXX BEAUTY SUPPLY LLC as Domestic Borrowers BEAUTY SYSTEMS GROUP (CANADA), INC. as Canadian Borrower The Guarantors From Time to Time Party Hereto BANK OF AMERICA, N.A. as Administrative Agent and Collateral Agent BANK OF AMERICA, N.A. (acting through its Canada branch) as Canadian Agent The Other Lenders Party Hereto BANK OF AMERICA, N.A. JPMORGAN CHASE BANK, N.A. TRUIST SECURITIES as Joint Lead Arrangers and Syndication Agents TABLE OF CONTENTS Section Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 1 1.01 Defined Terms 1 1.02 Other Interpretive Provisions 6260

Appears in 1 contract

Samples: Credit Agreement (Sally Beauty Holdings, Inc.)

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxx X. Xxxxxxx Title: ChairmanSenior Vice President, Creator, Curator & Co-Chief Executive Finance and Principal Accounting Officer CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxx X. Xxxxxxx Title: Co-Chief Executive Senior Vice President, Finance and Principal Accounting Officer BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxx X. Xxxxxx Name: Xxxxx Xxxx X. Xxxxxx Title: Vice President SVP - Director BANK OF AMERICA, N.A., as a Tranche A Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxx X. Xxxxxx Name: Xxxxx Xxxx X. Xxxxxx Title: Vice President SVP - Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATON, as a Tranche A Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION BANK, N.A., as a Tranche A Lender By: /s/ Xxxxx Xxxxxxxx X. Xxxxx Name: Xxxxx Xxxxxxxx X. Xxxxx Title: Vice President UNION BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxx Xxxxxxx Name: Xxx Xxxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITALAuthorized Signatory Annex A Ninth Amended and Restated Credit Agreement [See Attached] NINTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 3, a division of RBS Asset Finance2011 among RESTORATION HARDWARE, Inc.INC., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice Presidentthe Lead Borrower For The Borrowers Named Herein The Guarantors Named Herein BANK OF AMERICA, N.A. as Administrative Agent and Collateral Agent and The Other Lenders Party Hereto XXXXX FARGO CAPITAL FINANCE, LLC, as Syndication Agent U.S. BANK, NATIONAL ASSOCIATION, as Documentation Agent MERRILL, LYNCH, XXXXXX, XXXXXX & XXXXX INCORPORATED, as Sole Lead Arranger and Sole Bookrunner TABLE OF CONTENTS Section Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 2 1.01 Defined Terms 2 1.02 Other Interpretive Provisions 54 1.03 Accounting Terms 55 1.04 Rounding 56 1.05 Times of Day 56 1.06 Letter of Credit Amounts 56 ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS 56 2.01 Domestic Loans and Canadian Loans; Reserves 56 2.02 Borrowings, Conversions and Continuations of Loans 58 2.03 Letters of Credit 61 2.04 Swing Line Loans 69 2.05 Prepayments 72 2.06 Termination or Reduction of Commitments 74 2.07 Repayment of Loans 75 2.08 Interest 76 2.09 Fees 76 2.10 Computation of Interest and Fees 77 2.11 Evidence of Debt 77 2.12 Payments Generally; Agent’s Clawback 78 2.13 Sharing of Payments by Lenders 79 2.14 Settlement Amongst Lenders 80 2.15 Increase in Commitments 80 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY; APPOINTMENT OF LEAD BORROWER 82 3.01 Taxes 82 3.02 Illegality 84 3.03 Inability to Determine Rates 85 3.04 Increased Costs; Reserves on LIBOR Rate Loans and BA Equivalent Loans 85 3.05 Compensation for Losses 87 3.06 Mitigation Obligations; Replacement of Lenders 87 3.07 Survival 88 3.08 Designation of Lead Borrower as Domestic Borrowers’ Agent 88 ARTICLE IV CONDITIONS PRECEDENT TO CREDIT EXTENSIONS 88 4.01 Conditions to Effectiveness 88 4.02 Conditions to all Credit Extensions 91 ARTICLE V REPRESENTATIONS AND WARRANTIES 92 5.01 Existence, Qualification and Power 92 5.02 Authorization; No Contravention 92 5.03 Governmental Authorization; Other Consents 93 5.04 Binding Effect 93 5.05 Financial Statements; No Material Adverse Effect 93 5.06 Litigation 94 5.07 No Default 94 5.08 Ownership of Property; Liens 94 5.09 Environmental Compliance 94 5.10 Insurance 95 5.11 Taxes 95 5.12 ERISA Compliance; Canadian Pension Plans 95 5.13 Subsidiaries; Equity Interests 96 5.14 Margin Regulations; Investment Company Act 96 5.15 Disclosure 97 5.16 Compliance with Laws 97 5.17 Intellectual Property; Licenses, Etc. 97 5.18 Labor Matters 97 5.19 Security Documents 98 5.20 Solvency 99 5.21 Deposit Accounts; Credit Card Arrangements 99 5.22 Brokers 99 5.23 Customer and Trade Relations 99 5.24 Material Contracts 99 5.25 Casualty 99 ARTICLE VI AFFIRMATIVE COVENANTS 99 6.01 Financial Statements 100 6.02 Certificates; Other Information 101 6.03 Notices 102 6.04 Payment of Obligations 103 6.05 Preservation of Existence, Etc. 103 6.06 Maintenance of Properties 104 6.07 Maintenance of Insurance 104 6.08 Compliance with Laws 105 6.09 Books and Records; Accountants 105 6.10 Inspection Rights 106 6.11 Additional Loan Parties 107 6.12 Cash Management 108 6.13 Information Regarding the Collateral 109 6.14 Physical Inventories 110 6.15 Environmental Laws 110 6.16 Further Assurances 110 6.17 Compliance with Terms of Leaseholds 111 6.18 Material Contracts 111 ARTICLE VII NEGATIVE COVENANTS 111 7.01 Liens 111 7.02 Investments 111 7.03 Indebtedness; Disqualified Stock; Equity Issuances 112 7.04 Fundamental Changes 112 7.05 Dispositions 112 7.06 Restricted Payments 113 7.07 Prepayments of Indebtedness 113 7.08 Change in Nature of Business 113 7.09 Transactions with Affiliates 113 (ii) 7.10 Burdensome Agreements 114 7.11 Use of Proceeds 114 7.12 Amendment of Material Documents 114 7.13 Fiscal Year 114 7.14 Deposit Accounts; Credit Card Processors 114

Appears in 1 contract

Samples: Credit Agreement (Restoration Hardware Holdings Inc)

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxx Title: ChairmanChief Financial Officer, CreatorTreasurer and Secretary RH US, Curator & Co-LLC, as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Chief Executive Officer Financial Officer, Treasurer and Secretary WATERWORKS OPERATING CO., LLC, as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Treasurer and Secretary WATERWORKS IP CO., LLC, as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Treasurer and Secretary CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxx Title: Co-Chief Executive Officer Financial Officer, Treasurer and Secretary GUARANTORS: RH YOUNTVILLE, INC., as a Guarantor By: /s/ Xxxxxx X. Xxx Name: Xxxxxx X. Xxx Title: Secretary RHM, LLC, as a Guarantor By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Chief Financial Officer, Treasurer and Secretary BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICAAgent, N.A., as a Tranche A Domestic Revolving Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxx Title: Vice President Managing Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCHacting through Its Canada Branch), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Xxxxxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Xxxxxxxxxx Title: Vice President XX XXXXXX XXXXX, NA, as a Domestic Revolving Lender and a Term Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Executive Director XXXXX FARGO BANK, NATIONAL ASSOCIATONASSOCIATION, as a Tranche A Domestic Revolving Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Term Lender By: /s/ Xxxxx X. Xxxx X. Xxxxx Name: Xxxxx X. Xxxx X. Xxxxx Title: Vice President UNION Director BMO XXXXXX BANK, N.A., as a Tranche A Domestic Revolving Lender and a Term Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President UNION BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxx Xxxxxxx Name: Xxx Xxxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice PresidentDirector

Appears in 1 contract

Samples: Agreement (Rh)

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxx Title: ChairmanChief Financial Officer RH US, CreatorLLC, Curator & Co-as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP of Finance, Chief Executive Strategy Officer and Assistant Treasurer WATERWORKS OPERATING CO., LLC, as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Assistant Treasurer WATERWORKS IP CO., LLC, as a Domestic Borrower By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Assistant Treasurer CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxxxx Name: Xxxx Xxxxxxxx Xxxxxxx Title: Co-SVP of Finance, Chief Executive Strategy Officer and Assistant Treasurer GUARANTORS: RH YOUNTVILLE, INC., as a Guarantor By: /s/ Xxxxxx X. Xxx Name: Xxxxxx X. Xxx Title: Secretary RHM, LLC, as a Guarantor By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP of Finance, Chief Strategy Officer and Assistant Treasurer BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICAAgent, N.A., as a Tranche A Domestic Revolving Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxx Title: Vice President Managing Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCHacting through Its Canada Branch), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Xxxxxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Xxxxxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATON, as a Tranche A Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION JPMORGAN CHASE BANK, N.A., as a Tranche A Domestic Revolving Lender and a Term Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Executive Director XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Domestic Revolving Lender, and a Term Lender By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Director BMO XXXXXX BANK, N.A., as a Domestic Revolving Lender and a Term Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director FIFTH THIRD BANK, as a Domestic Revolving Lender and a Term Lender By: /s/ Xxxxxxx X. Xxxx XX Name: Xxxxxxx X. Xxxx XX Title: Managing Director TD BANK, N.A., as a Domestic Revolving Lender By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, as a Domestic Revolving Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President UNION Annex A Eleventh Amended and Restated Credit Agreement [See Attached] ELEVENTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 28, [2017]2017, as amended on June 12, 2018, as amended on November 23, 2018, as further amended on April 4, 2019 among RESTORATION HARDWARE, INC., as the Lead Borrower For The Borrowers Named Herein The Guarantors Named Herein BANK OF AMERICA, N.A. as Administrative Agent and Collateral Agent and The Other Lenders Party Hereto JPMORGAN CHASE BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President CIT X.X. XXXXX FARGO BANK, NATIONAL ASSOCIATION as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITALCo-Syndication Agents BMO XXXXXX BANK, a division of RBS Asset FinanceN.A. as Documentation Agent BANK OF AMERICA, Inc.N.A. [X.X. XXXXXX SECURITIES LLC] JPMORGAN CHASE BANK, X.X. XXXXX FARGO BANK, NATIONAL ASSOCIATION as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice PresidentJoint Lead Arrangers and Joint Bookrunners TABLE OF CONTENTS Section Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 8 1.01 Defined Terms 8 1.02 Other Interpretive Provisions 6369 1.03 Accounting Terms 6470 1.04 Reserved 6571

Appears in 1 contract

Samples: Credit Agreement (Rh)

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DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxx Name: Xxxx Xxxxxxxx Xxxxx Xxxxx Title: Chairman, Creator, Curator & Co-Chief Executive Financial and Administrative Officer CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxx Name: Xxxx Xxxxxxxx Xxxxx Xxxxx Title: Co-Director GUARANTORS: RH YOUNTVILLE, INC., as a Guarantor By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Financial and Administrative Officer RH US, LLC, as a Guarantor By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Financial and Administrative Officer RHM, LLC, as a Guarantor By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Financial and Administrative Officer BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICA, N.A., as a Tranche A Lender, an Incremental LenderAgent, a Term Domestic Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Xxxxxxxxxx Name: Xxxxxx Sales xx Xxxxxxxxxx Title: Vice President JPMORGAN CHASE BANK, N.A., a Domestic Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Authorized Officer TD BANK, N.A., a Domestic Lender By: /s/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: SVP Market Credit Manager REGIONS BANK, a Domestic Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATONASSOCIATION, as a Tranche A Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Domestic Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION BANK, N.A., as a Tranche A Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President UNION BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Xxxxxx Name: Xxxxx X. Xxxxxx Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Assistant Vice President

Appears in 1 contract

Samples: Credit Agreement (Restoration Hardware Holdings Inc)

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By By: /s/ Xxxx Xxxxxxxx Ryno Blignaut Name: Xxxx Xxxxxxxx Ryno Blignaut Title: ChairmanPresident, CreatorChief Financial and Administrative Officer, Curator & Co-Treasurer and Secretary RH US, LLC, as a Domestic Borrower By: /s/ Ryno Blignaut Name: Ryno Blignaut Title: President, Chief Executive Officer Financial and Administrative Officer, Treasurer and Secretary WATERWORKS OPERATING CO., LLC, as a Domestic Borrower By: /s/ Ryno Blignaut Name: Ryno Blignaut Title: President, Treasurer and Secretary WATERWORKS IP CO., LLC, as a Domestic Borrower By: /s/ Ryno Blignaut Name: Ryno Blignaut Title: President, Treasurer and Secretary CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By By: /s/ Xxxx Xxxxxxxx Ryno Blignaut Name: Xxxx Xxxxxxxx Ryno Blignaut Title: Co-President, Chief Executive Officer Financial and Administrative Officer, Treasurer and Secretary GUARANTORS: RH YOUNTVILLE, INC., as a Guarantor By: /s/ Ryno Blignaut Name: Ryno Blignaut Title: President and Treasurer RHM, LLC, as a Guarantor By: /s/ Ryno Blignaut Name: Ryno Blignaut Title: President, Chief Financial and Administrative Officer, Treasurer and Secretary BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICAAgent, N.A., as a Tranche A Domestic Revolving Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Xxxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Xxxxxx Title: Vice President Managing Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Title: Vice President XXXXX FARGO BANKJPMorgan Chase, NATIONAL ASSOCIATONNA, as a Tranche A Domestic Revolving Lender and L/C Issuer By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATON, as a Tranche A Term Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx Xxxxx Title: Executive Director Xxxxx Fargo Bank, National Association, as a Lender By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Director BMO Xxxxxx Bank, N.A., as a Domestic Revolving Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director Fifth Third Bank, as a Domestic Revolving Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President UNION TD BANK, N.A., as a Tranche A Domestic Revolving Lender By: /s/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: SVP Team Leader U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President UNION BANK, CANADA BRANCH, as a Canadian Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President

Appears in 1 contract

Samples: Credit Agreement (Rh)

DOMESTIC BORROWERS. RESTORATION HARDWARE, INC., as Lead Borrower and as a Domestic Borrower By AS LEAD BORROWER AND AS A DOMESTIC BORROWER By: /s/ Xxxx Xxxxxxxx Kxxxx Xxxxx _____ Name: Xxxx Xxxxxxxx Kxxxx Xxxxx Title: ChairmanPresident, CreatorChief Financial and Administrative Officer RH US, Curator & Co-LLC, AS A DOMESTIC BORROWER By: /s/ Kxxxx Xxxxx _____ Name: Kxxxx Xxxxx Title: President, Chief Executive Financial and Administrative Officer WATERWORKS OPERATING CO., LLC, AS A DOMESTIC BORROWER By: /s/ Kxxxx Xxxxx _____ Name: Kxxxx Xxxxx Title: President, Chief Financial and Administrative Officer WATERWORKS IP CO., LLC, AS A DOMESTIC BORROWER By: /s/ Kxxxx Xxxxx _____ Name: Kxxxx Xxxxx Title: President, Chief Financial and Administrative Officer CANADIAN BORROWER: RESTORATION HARDWARE CANADA, INC., as Canadian Borrower By AS CANADIAN BORROWER By: /s/ Xxxx Xxxxxxxx Kxxxx Xxxxx _____ Name: Xxxx Xxxxxxxx Kxxxx Xxxxx Title: Co-President, Chief Executive Financial and Administrative Officer GUARANTORS: RH YOUNTVILLE, INC., AS A GUARANTOR By: /s/ Kxxxx Xxxxx _____ Name: Kxxxx Xxxxx Title: President, Chief Financial and Administrative Officer RHM, LLC, AS A GUARANTOR By: /s/ Kxxxx Xxxxx _____ Name: Kxxxx Xxxxx Title: President, Chief Financial and Administrative Officer BANK OF AMERICA, N.A., as Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President BANK OF AMERICAAgent, N.A., as a Tranche A Domestic Revolving Lender, an Incremental Lender, a Term Lender, L/C Issuer and Swing Line Lender By: /s/ Xxxxx Sxxxxxx Xxxxxx Name: Xxxxx Sxxxxxx Xxxxxx Title: Vice President Managing Director BANK OF AMERICA, N.A. (ACTING THROUGH ITS CANADA BRANCH), as a Canadian Lender and L/C Issuer By: /s/ Xxxxxx Sales xx Xxxxxxx Sxxxxx Xxxxxxxxxx Name: Xxxxxx Sales xx Xxxxxxx Sxxxxx Xxxxxxxxxx Title: Vice President XXXXX FARGO BANKWxxxx Fargo Bank, NATIONAL ASSOCIATONNational Association, as a Tranche A Domestic Revolving Lender and L/C Issuer By: /s/ Bxxxx X. Xxxx X. Xxxxx Name: Bxxxx X. Xxxx X. Xxxxx Title: Director U.S. BANK NATIONAL ASSOCIATONASSOCIATION, as a Tranche A Domestic Revolving Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President UNION BANK, N.A., as a Tranche A Lender By: /s/ Xxxxx Cxxxx Xxxxxxxx Name: Xxxxx Cxxxx Xxxxxxxx Title: Vice President UNION BANKJPMorgan Chase, CANADA BRANCHNA, as a Canadian Domestic Revolving Lender and a Term Lender By: /s/ Xxx Xxxxxxx Lxxx Xxxxx Name: Xxx Xxxxxxx Lxxx Xxxxx Title: Vice President CIT BANK, as a Tranche A Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Managing Director RBS CITIZENS BUSINESS CAPITAL, a division of RBS Asset Finance, Inc., as a Tranche A Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice PresidentExecutive Director

Appears in 1 contract

Samples: Credit Agreement (Rh)

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