Eighth Amendment to Credit Agreement. The Bank shall have received the Eighth Amendment to Credit Agreement duly executed by the Borrower, together with evidence that all conditions thereto have been satisfied.
Eighth Amendment to Credit Agreement. This Amendment shall have been duly executed and delivered by each of the parties hereto.
Eighth Amendment to Credit Agreement. THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of the 24th day of May, 2019, but effective as of the Eighth Amendment Effective Date (as defined herein), by and among THE CATO CORPORATION, a Delaware corporation (the “Borrower”), CATOWEST, LLC, a Nevada limited liability company, CATO SOUTHWEST, INC., a Delaware corporation, CATOSOUTH, LLC, a North Carolina limited liability company, CHW, LLC, a Delaware limited liability company, CaDeL, LLC, a Delaware limited liability company, CATO OF TEXAS, L.P., a Texas limited partnership, cxxxxxxx.xxx, LLC, a Delaware limited liability company, and CATO WO LLC, a Delaware limited liability company (each of the foregoing, other than the Borrower, a “Guarantor” and, collectively, the “Guarantors”), and BRANCH BANKING AND TRUST COMPANY, as Agent, Issuing Bank, and a Bank.
Eighth Amendment to Credit Agreement. As an inducement to the Administrative Agent and each Lender to execute, and in consideration of the Administrative Agent and each Lender’s execution of, the Amendment, each of the undersigned hereby consents to this Amendment and agrees that this Amendment shall in no way release, diminish, impair, reduce or otherwise adversely affect the obligations and liabilities of such undersigned under the Guaranty executed by such undersigned in connection with the Credit Agreement, or under any other Loan Documents executed by the undersigned to secure any of the Obligations (as defined in the Credit Agreement), all of which are in full force and effect. Each of the undersigned further represents and warrants to the Administrative Agent and the Lenders that (a) the representations and warranties in each Loan Document to which it is a party are true and correct in all material respects on and as of the date of this Amendment as though made on the date of the Amendment, (b) it is in compliance with all covenants and agreements contained in each Loan Document to which it is a party, and (c) no Default or Potential Default has occurred and is continuing. The undersigned hereby releases, discharges and acquits Administrative Agent and each Lender from any and all claims, demands, actions, causes of action, remedies, and liabilities of every kind or nature (including without limitation, offsets, reductions, rebates, and lender liability) arising out of any act, occurrence, transaction or omission occurring in connection with the Guaranty prior to the date of the Amendment. This Guarantors’ Consent and Agreement shall be binding upon the undersigned, and its permitted assigns, if any, and shall inure to the benefit of the Administrative Agent, each Lender and their respective successors and assigns.
Eighth Amendment to Credit Agreement. The Administrative Agent shall have received multiple original counterparts, as requested by the Administrative Agent, of this Amendment duly and validly executed and delivered by duly authorized officers of the Borrower, the Guarantors, the Administrative Agent and each Lender.
Eighth Amendment to Credit Agreement. Section 9.04 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of clause (b), and (ii) amending clause (c) and adding a new clause (d), which clauses (c) and (d) shall read in their respective entireties as set forth below:
Eighth Amendment to Credit Agreement. Section 10.01(d) of the Credit Agreement is hereby amended to read in its entirety as follows:
Eighth Amendment to Credit Agreement. The Administrative Agent and the Lenders shall have received all fees and other amounts due and payable on or prior to the date hereof, including without limitation pursuant to any Fee Letter.
Eighth Amendment to Credit Agreement. Upon the Eighth Amendment Effective Date, all Loans and participations in Letters of Credit of the Assigning Lenders outstanding immediately prior to the Eighth Amendment Effective Date shall be, and hereby are, restructured, rearranged and continued as provided in this Amendment and shall continue as Loans and participations in Letters of Credit of each Existing Lender and the New Lender under the Credit Agreement pursuant to this Amendment.
Eighth Amendment to Credit Agreement. This Eighth Amendment to the Credit Agreement (this “Eighth Amendment”), dated as of April 30, 2018 (the “Eighth Amendment Effective Date”), is among Energen Corporation, a corporation formed under the laws of the State of Alabama (“Borrower”); the undersigned guarantor (the “Guarantor”, and together with Borrower, the “Credit Parties”); each of the Lenders party hereto; and Xxxxx Fargo Bank, National Association, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, “Administrative Agent”).
