FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. This Eighth Amendment to Fifth Amended and Restated Credit Agreement (this “Eighth Amendment”), dated as of April 13, 2022 (the “Eighth Amendment Effective Date”), is among Laredo Petroleum, Inc., a corporation formed under the laws of the State of Delaware (“Borrower”); each of the undersigned guarantors (the “Guarantors”, and together with Borrower, the “Credit Parties”); each of the Banks party hereto; and Wxxxx Fargo Bank, N.A., as administrative agent for the Banks (in such capacity, together with its successors, “Administrative Agent”).
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of September 17, 2021, among PERFORMANCE FOOD GROUP, INC. (f/k/a Vistar Corporation), a Colorado corporation (the “Lead Borrower”), the other Borrowers from time to time party hereto, PFGC, INC. (f/k/a Vistar Management, Inc.), a Delaware corporation (“Holdings”), XXXXX FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wachovia Bank, National Association), as Administrative Agent and Collateral Agent and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 27, 2024 is made among ELDORADO GOLD CORPORATION, as Borrower, the Lenders from time to time parties hereto, as Lenders, ROYAL BANK OF CANADA, as Administrative Agent and ROYAL BANK OF CANADA, BANK OF MONTREAL and NATIONAL BANK OF CANADA as Issuing Banks.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. “Loan” means, collectively, the Revolving Loan and any Swing Loan to be made pursuant to the terms of this Credit Agreement.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT shall be held without interest in Administrative Agent’s name and may be commingled with Administrative Agent’s general funds at financial institutions selected by Administrative Agent in its reasonable discretion. Upon the occurrence of an Event of Default, Administrative Agent may apply any sums then present in the Replacement Escrow Fund to the payment of the Loan in any order in its reasonable discretion. Until expended or applied as above provided, the Replacement Escrow Fund shall constitute additional security for the Loan. Administrative Agent shall have no obligation to release any of the Replacement Escrow Fund while any Event of Default or Default exists. All costs and expenses incurred by Administrative Agent in the disbursement of any of the Replacement Escrow Fund shall be paid by Borrowers promptly upon demand or, at Administrative Agent’s sole discretion, deducted from the Replacement Escrow Fund.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. Page 67 days after the date of such payment, such Credit Party shall furnish to the Administrative Agent (which shall forward the same to such Lender) the original or a certified copy of a receipt evidencing payment thereof.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. Page 117 Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient). Notices delivered through electronic communications to the extent provided in subsection (b) below, shall be effective as provided in such subsection (b).
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. 8. The following changes are hereby deemed made to the Schedules attached to the Credit Agreement: (a) the information set forth for each Additional Borrower on Schedule 1 hereto is added to Schedule 1.01, (b) the Allocable Amount for each Additional Borrower on Schedule 2.12 is as set forth on Schedule 4 hereto, (c) the corporate structure of each Additional Borrower on Schedule 5.11 is as set forth on Schedule 5 hereto, (d) the real property asset matters on Schedule 5.12 are as set forth on Schedule 6 hereto, (e) the material contracts listed on Schedule 7 hereto are added to Schedule 5.13[A][B], [(f) [each] Additional Borrower is added to the listing of Borrowers subject to the Assignment of Claims Act on Schedule 5.13D, and (g) the Additional Borrower is added to Schedule 5.19.]
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. 3. Each of the Borrowers and the Guarantor agree that, as of the date hereof, the New Lender shall (i) be a party to the Credit Agreement and the other Credit Documents, (ii) be a “Lender” for all purposes of the Credit Agreement and the other Credit Documents, and (iii) have the rights and obligations of a Lender under the Credit Agreement and the other Credit Documents.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT. This First Amendment to Fifth Amended and Restated Credit Agreement (this “First Amendment”), dated as of October 24, 2017 (the “First Amendment Effective Date”), is among Laredo Petroleum, Inc., a corporation formed under the laws of the State of Delaware (“Borrower”); each of the undersigned guarantors (the “Guarantors”, and together with Borrower, the “Credit Parties”); each of the Banks party hereto; and Xxxxx Fargo Bank, N.A., as administrative agent for the Banks (in such capacity, together with its successors, “Administrative Agent”).
