Common use of EXHIBITS, SCHEDULES AND ANNEXES Clause in Contracts

EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Exhibit A-2 Form of Borrower Representative Certification Exhibit B Form of Note Exhibit C Form of No Lien Certificate Exhibit D Form of Monthly Report Exhibit E Form of Joinder Agreement Exhibit F Form of Financing Statement Exhibit G Form of Certificate of Completion Exhibit H Form of Monthly Report Certification Exhibit I Form of Backup Property Manager Report Exhibit J Form of Eligible Property Management Agreement Exhibit K Title Review and Specially Permitted Liens Exhibit L Form of Property Manager Acknowledgement Schedule 1 Borrowers Schedule 2 Eligibility Requirements Schedule 3 Filing Offices Schedule 4 Schedule of Properties Schedule 5 Leasing Standards Schedule 6 Sponsor Financial Covenants Annex A Lender Accounts REVOLVING CREDIT AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 10, 2013 (the “Effective Date”), by and among each person listed on Schedule 1 hereto and each person that becomes a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P., solely with respect to Sections 2.8(a), 2.13, 2.14(b), 2.15, 2.16, 2.18, 3.1(q), 13.1(m), 13.11(b), 13.14, 13.15 and 13.17, Article 11 and Schedule 6, as initial master property manager, SB FINANCING TRUST OWNER LLC, as borrower representative (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger and a Lender and THE LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Revolving Credit Agreement (Silver Bay Realty Trust Corp.)

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EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Exhibit A-2 Form of Borrower Representative Certification Assignment and Acceptance Exhibit B Form of Note Information Certificate Exhibit C Form of No Lien Borrowing Base Certificate Exhibit D Form of Monthly Report Compliance Certificate Exhibit E Form E-1 Application for Standby Letter of Joinder Agreement Credit Exhibit E-2 Application for Commercial Letter of Credit Exhibit F Form Notice of Financing Statement Borrowing Exhibit G Form Notice of Certificate of Completion Conversion/Continuation Exhibit H Form of Monthly Report Certification Applicable Margin Certificate Exhibit I Form of Backup Property Manager Report Intercompany Subordination Agreement Exhibit J J-1 Form of Eligible Property Management Agreement Term B-1 Note Exhibit K Title Review and Specially Permitted Liens Exhibit L J-2 Form of Property Manager Acknowledgement Term B-2 Note Schedule 1 Borrowers 1.1 Commitments Schedule 2 Eligibility Requirements 1.2 Customs Brokers Schedule 3 Filing Offices Schedule 4 Schedule of 1.4 Owned Real Properties Schedule 5 Leasing Standards 1.5 Existing Letters of Credit Schedule 6 Sponsor Financial Covenants 1.6 Interlender Provisions Schedule 2.1 Lenders Schedule 5.2(b) Chattel Paper and Instruments Schedule 5.2(d) Deposit Accounts Schedule 5.2(e) Investment Property and Investment Accounts Schedule 5.2(h) Letters of Credit, Bankers’ Acceptances and Similar Instruments Schedule 5.2(i) Commercial Tort Claims Schedule 5.2(j) Collateral with Third Parties Schedule 8.2 Name; State of Organization; Chief Executive Office; Collateral Locations Schedule 8.4 Priority of Liens; Title to Properties Schedule 8.6 Litigation Schedule 8.8 Environmental Compliance Schedule 8.10 Bank Accounts Schedule 8.11 Intellectual Property Schedule 8.12 Subsidiaries; Affiliates; Capitalization; Solvency Schedule 8.13 Labor Disputes Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 8.20 Intercompany Indebtedness Schedule 9.9 Indebtedness Schedule 9.10 Loans; Investments Annex A Lender Accounts REVOLVING CREDIT 1 Closing Checklist AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) Amended and Restated Loan and Security Agreement dated November 15, 2012 is made and entered into as of May 10by and among XXXXXXX FABRICS, 2013 INC., a Delaware corporation (the Effective DateParent”), by and among each person listed on Schedule 1 hereto and each person that becomes HF MERCHANDISING, INC., a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P., solely with respect to Sections 2.8(aDelaware corporation (“Merchandising”), 2.13XXXXXXX FABRICS OF MI, 2.14(bINC., a Delaware corporation (“Fabrics MI”), 2.15XXXXXXXXXXXXXX.XXX, 2.16INC., 2.18, 3.1(qa Delaware corporation (“Xxxxxxx.xxx”), 13.1(mXXXXXXX FABRICS, LLC, a Delaware limited liability company (“Fabrics LLC”, and together with Parent, Merchandising, Fabrics MI and Xxxxxxx.xxx, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), 13.11(bHF ENTERPRISES, INC., a Delaware corporation (“Enterprises”), 13.14HF RESOURCES, 13.15 INC., a Delaware corporation (“Resources”, and 13.17together with Enterprises, Article 11 each individually a “Guarantor” and Schedule 6collectively, “Guarantors” as initial master property managerhereinafter further defined), SB FINANCING TRUST OWNER LLCthe parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as borrower representative hereinafter further defined), General Electric Capital Corporation, a Delaware corporation, in its capacity as working capital agent for Lenders (in such capacity, the Borrower Representative”Working Capital Agent” as hereinafter further defined), U.S. BANK NATIONAL ASSOCIATIONand GA Capital, LLC, a Delaware limited liability company, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and term loan agent for each Lender the Term Loan Lenders (in such capacity, the Term Loan Agent” as hereinafter further defined), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger and a Lender and THE LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Confirmation Exhibit A-2 Form of Property Addition Notice Exhibit A-2A Form of Property Addition Confirmation (Calculation Agent) Exhibit A-2B Form of Property Addition Confirmation (Diligence Agent) Exhibit A-3 Form of Borrower Representative Certification Exhibit B Form of Note Exhibit C Form of No Lien Certificate Eligible Lease Exhibit D Form of Monthly Report Exhibit E Form of Joinder Agreement Exhibit F Form of Financing Statement Calculation Schedule Exhibit G Form of Certificate of Completion Exhibit H Form of Monthly Report Certification Confirmation Exhibit I Form of Backup Property Manager Report Power of Attorney Exhibit J Title Review Exhibit K-1 Form of Eligible Property Management Agreement Tax Compliance Certificate Exhibit K Title Review and Specially Permitted Liens Exhibit L K-2 Form of Property Manager Acknowledgement Tax Compliance Certificate Exhibit K-3 Form of Tax Compliance Certificate Exhibit K-4 Form of Tax Compliance Certificate Schedule 1 Borrowers and Holdco Guarantors Schedule 2 Eligibility Requirements Schedule 3 Filing Offices Schedule 4 Schedule of Properties Schedule 5 Leasing Standards Schedule 6 Sponsor Financial Covenants Schedule 7 Data Tape Fields Schedule 8 Salesforce Financed Properties Annex A Lender Accounts Annex B Wiring Instructions REVOLVING CREDIT AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 10March 1, 2013 (the “Effective Date”)2021, by and among each person listed on Schedule 1 hereto and each person that becomes a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P.VINEBROOK HOMES TRUST, solely with respect to Sections 2.8(aINC., a Maryland corporation, as sponsor (in such capacity, the “Sponsor”), 2.13VB THREE EQUITY, 2.14(bLLC, a Delaware limited liability company, as equity owner (in such capacity, the “Equity Owner”), 2.15VB THREE, 2.16LLC, 2.18, 3.1(q), 13.1(m), 13.11(b), 13.14, 13.15 and 13.17, Article 11 and Schedule 6a Delaware limited liability company, as initial master property managerparent holdco (in such capacity, SB FINANCING TRUST OWNER LLC, the “Parent Holdco”) and as borrower representative (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger Lender (in such capacity, the “Lender”), agent for each Lender (in such capacity, the “Agent”), calculation agent (in such capacity, the “Calculation Agent”), as paying agent (in such capacity, the “Paying Agent”) and a Lender securities intermediary (in such capacity, the “Securities Intermediary”) and THE OTHER LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)

EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Confirmation Exhibit A-2 Form of Property Addition Notice Exhibit A-2A Form of Property Addition Confirmation (Calculation Agent) Exhibit A-2B Form of Property Addition Confirmation (Diligence Agent) Exhibit A-3 Form of Borrower Representative Certification Exhibit B Form of Note Exhibit C Form of No Lien Certificate Eligible Lease Exhibit D Form of Monthly Report Exhibit E Form of Joinder Agreement Exhibit F Form of Financing Statement Calculation Schedule Exhibit G Form of Certificate of Completion Exhibit H Form of Monthly Report Certification Confirmation Exhibit I Form of Backup Property Manager Report Power of Attorney Exhibit J Title Review Exhibit K-1 Form of Eligible Property Management Agreement Tax Compliance Certificate Exhibit K Title Review and Specially Permitted Liens Exhibit L K-2 Form of Property Manager Acknowledgement Tax Compliance Certificate Exhibit K-3 Form of Tax Compliance Certificate Exhibit K-4 Form of Tax Compliance Certificate Schedule 1 Borrowers and Holdco Guarantors Schedule 2 Eligibility Requirements Schedule 3 Filing Offices Schedule 4 Schedule of Properties Schedule 5 Leasing Standards Schedule 6 Sponsor Financial Covenants Annex A Lender Accounts Annex B Wiring Instructions REVOLVING CREDIT AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 10March 1, 2013 (the “Effective Date”)2021, by and among each person listed on Schedule 1 hereto and each person that becomes a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P.VINEBROOK HOMES TRUST, solely with respect to Sections 2.8(aINC., a Maryland corporation, as sponsor (in such capacity, the “Sponsor”), 2.13VB THREE EQUITY, 2.14(bLLC, a Delaware limited liability company, as equity owner (in such capacity, the “Equity Owner”), 2.15VB THREE, 2.16LLC, 2.18, 3.1(q), 13.1(m), 13.11(b), 13.14, 13.15 and 13.17, Article 11 and Schedule 6a Delaware limited liability company, as initial master property managerparent holdco (in such capacity, SB FINANCING TRUST OWNER LLC, the “Parent Holdco”) and as borrower representative (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger Lender (in such capacity, the “Lender”), agent for each Lender (in such capacity, the “Agent”), calculation agent (in such capacity, the “Calculation Agent”), as paying agent (in such capacity, the “Paying Agent”) and a Lender securities intermediary (in such capacity, the “Securities Intermediary”) and THE OTHER LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)

EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Confirmation Exhibit A-2 Form of Property Addition Notice Exhibit A-2A Form of Property Addition Confirmation (Calculation Agent) Exhibit A-2B Form of Property Addition Confirmation (Diligence Agent) Exhibit A-3 Form of Borrower Representative Certification Exhibit B Form of Note Exhibit C Form of No Lien Certificate Eligible Lease Exhibit D Form of Monthly Report Exhibit E Form of Joinder Agreement Exhibit F Form of Financing Statement Calculation Schedule Exhibit G Form of Certificate of Completion Exhibit H Form of Monthly Report Certification Confirmation Exhibit I Form of Backup Property Manager Report Power of Attorney Exhibit J Form of Eligible Property Management Agreement Exhibit K Title Review and Specially Permitted Liens Exhibit L Form of Property Manager Acknowledgement Assignment of Management Agreement Exhibit M-1 Form of Tax Compliance Certificate Exhibit M-2 Form of Tax Compliance Certificate Exhibit M-3 Form of Tax Compliance Certificate Exhibit M-4 Form of Tax Compliance Certificate Schedule 1 Borrowers Schedule 2 Eligibility Requirements Schedule 3 Filing Offices Schedule 4 Schedule of Properties Schedule 5 Leasing Standards Schedule 6 Sponsor Financial Covenants Annex A Lender Accounts SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT This SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 10July 14, 2013 2015 (the “Restatement Effective Date”), by and among each person listed on Schedule 1 hereto and each person that becomes a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P.COLFIN AH FINANCE MASTERCO, solely with respect to Sections 2.8(a), 2.13, 2.14(b), 2.15, 2.16, 2.18, 3.1(q), 13.1(m), 13.11(b), 13.14, 13.15 and 13.17, Article 11 and Schedule 6, as initial master property manager, SB FINANCING TRUST OWNER LLC, as guarantor, COLFIN AH FINANCE HOLDCO, LLC, as guarantor and borrower representative (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATIONWXXXX FARGO BANK, N.A., as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Calculation Agent”) and as paying agent (in such capacity, the “Paying Agent”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger Arranger, Lender (in such capacity, the “JPM Lender”) and a agent for each Lender (in such capacity, the “Agent”) and THE LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Revolving Credit Agreement (Colony Starwood Homes)

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EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Exhibit A-2 Form of Borrower Representative Certification Assignment and Acceptance Exhibit B Form of Note Information Certificate Exhibit C Form of No Lien Borrowing Base Certificate Exhibit D Form of Monthly Report Compliance Certificate Exhibit E Form E-1 Application for Standby Letter of Joinder Agreement Credit Exhibit E-2 Application for Commercial Letter of Credit Exhibit F Form Notice of Financing Statement Borrowing Exhibit G Form Notice of Certificate of Completion Conversion/Continuation Exhibit H Form of Monthly Report Certification Applicable Margin Certificate Exhibit I Form of Backup Property Manager Report Exhibit J Form of Eligible Property Management Intercompany Subordination Agreement Exhibit K Title Review and Specially Permitted Liens Exhibit L Form of Property Manager Acknowledgement Schedule 1 Borrowers 1.1 Commitments Schedule 2 Eligibility Requirements 1.2 Customs Brokers Schedule 3 Filing Offices 1.3 Existing Lenders Schedule 4 Schedule of 1.4 Owned Real Properties Schedule 5 Leasing Standards 1.5 Existing Letters of Credit Schedule 6 Sponsor Financial Covenants 1.6 Bankruptcy Claims and Liens Schedule 2.1 Lenders Schedule 5.2(b) Chattel Paper and Instruments Schedule 5.2(d) Deposit Accounts Schedule 5.2(e) Investment Property and Investment Accounts Schedule 5.2(h) Letters of Credit, Bankers’ Acceptances and Similar Instruments Schedule 5.2(i) Commercial Tort Claims Schedule 5.2(j) Collateral with Third Parties Schedule 8.2 Name; State of Organization; Chief Executive Office; Collateral Locations Schedule 8.4 Priority of Liens; Title to Properties Schedule 8.6 Litigation Schedule 8.8 Environmental Compliance Schedule 8.10 Bank Accounts Schedule 8.11 Intellectual Property Schedule 8.12 Subsidiaries; Affiliates; Capitalization; Solvency Schedule 8.13 Labor Disputes Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 8.20 Intercompany Indebtedness Schedule 9.9 Indebtedness Schedule 9.10 Loans; Investments Annex A Lender Accounts REVOLVING CREDIT 1 Closing Checklist LOAN AND SECURITY AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) Loan and Security Agreement dated August 1, 2008 is made and entered into as of May 10by and among Xxxxxxx Fabrics, 2013 Inc, a Delaware corporation (the Effective DateParent”), by and among each person listed on Schedule 1 hereto and each person that becomes HF Merchandising, Inc., a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P., solely with respect to Sections 2.8(aDelaware corporation (“Merchandising”), 2.13Xxxxxxx Fabrics of MI, 2.14(bInc., a Delaware corporation (“Fabrics MI”), 2.15xxxxxxxxxxxxxx.xxx, 2.16Inc., 2.18, 3.1(qa Delaware corporation (“Xxxxxxx.xxx”), 13.1(mXxxxxxx Fabrics, LLC, a Delaware limited liability company (“Fabrics LLC”, and together with Parent, Merchandising, Fabrics MI and Xxxxxxx.xxx, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), 13.11(bHF Enterprises, Inc., a Delaware corporation (“Enterprises”), 13.14HF Resources, 13.15 Inc., a Delaware corporation (“Resources”, and 13.17together with Enterprises, Article 11 each individually a “Guarantor” and Schedule 6collectively, “Guarantors” as initial master property managerhereinafter further defined), SB FINANCING TRUST OWNER LLCthe parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as borrower representative hereinafter further defined) and General Electric Capital Corporation, a Delaware corporation, in its capacity as agent for Lenders (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent” as hereinafter further defined), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger and a Lender and THE LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Exhibit A-2 Form of Borrower Representative Certification Assignment and Acceptance Exhibit B Form of Note Information Certificate Exhibit C Form of No Lien Borrowing Base Certificate Exhibit D Form of Monthly Report Compliance Certificate Exhibit E Form E-1 Application for Standby Letter of Joinder Agreement Credit Exhibit E-2 Application for Commercial Letter of Credit Exhibit F Form Notice of Financing Statement Borrowing Exhibit G Form Notice of Certificate of Completion Conversion/Continuation Exhibit H Form of Monthly Report Certification Applicable Margin Certificate Exhibit I Form of Backup Property Manager Report Exhibit J Form of Eligible Property Management Intercompany Subordination Agreement Exhibit K Title Review and Specially Permitted Liens Exhibit L Form of Property Manager Acknowledgement Schedule 1 Borrowers 1.1 Commitments Schedule 2 Eligibility Requirements 1.2 Customs Brokers Schedule 3 Filing Offices 1.3 Existing Lenders Schedule 4 Schedule of 1.4 Owned Real Properties Schedule 5 Leasing Standards 1.5 Existing Letters of Credit Schedule 6 Sponsor Financial Covenants 1.6 Bankruptcy Claims and Liens Schedule 2.1 Lenders Schedule 5.2(b) Chattel Paper and Instruments Schedule 5.2(d) Deposit Accounts Schedule 5.2(e) Investment Property and Investment Accounts Schedule 5.2(h) Letters of Credit, Bankers’ Acceptances and Similar Instruments Schedule 5.2(i) Commercial Tort Claims Schedule 5.2(j) Collateral with Third Parties Schedule 8.2 Name; State of Organization; Chief Executive Office; Collateral Locations Schedule 8.4 Priority of Liens; Title to Properties Schedule 8.6 Litigation Schedule 8.8 Environmental Compliance Schedule 8.10 Bank Accounts Schedule 8.11 Intellectual Property Schedule 8.12 Subsidiaries; Affiliates; Capitalization; Solvency Schedule 8.13 Labor Disputes Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 8.20 Intercompany Indebtedness Schedule 9.9 Indebtedness Schedule 9.10 Loans; Investments vi Annex A Lender Accounts REVOLVING CREDIT 1 Closing Checklist LOAN AND SECURITY AGREEMENT This REVOLVING CREDIT AGREEMENT (this “Agreement”) Loan and Security Agreement dated August 1, 2008 is made and entered into as of May 10by and among Xxxxxxx Fabrics, 2013 Inc, a Delaware corporation (the Effective DateParent”), by and among each person listed on Schedule 1 hereto and each person that becomes HF Merchandising, Inc., a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P., solely with respect to Sections 2.8(aDelaware corporation (“Merchandising”), 2.13Xxxxxxx Fabrics of MI, 2.14(bInc., a Delaware corporation (“Fabrics MI”), 2.15xxxxxxxxxxxxxx.xxx, 2.16Inc., 2.18, 3.1(qa Delaware corporation (“Xxxxxxx.xxx”), 13.1(mXxxxxxx Fabrics, LLC, a Delaware limited liability company (“Fabrics LLC”, and together with Parent, Merchandising, Fabrics MI and Xxxxxxx.xxx, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), 13.11(bHF Enterprises, Inc., a Delaware corporation (“Enterprises”), 13.14HF Resources, 13.15 Inc., a Delaware corporation (“Resources”, and 13.17together with Enterprises, Article 11 each individually a “Guarantor” and Schedule 6collectively, “Guarantors” as initial master property managerhereinafter further defined), SB FINANCING TRUST OWNER LLCthe parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as borrower representative hereinafter further defined) and General Electric Capital Corporation, a Delaware corporation, in its capacity as agent for Lenders (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent” as hereinafter further defined), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger and a Lender and THE LENDERS PARTY HERETO FROM TIME TO TIME.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

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