Firstar Bank, N. Corporate Trust Services 1550 Xxxxx Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
Firstar Bank, N. A., a Lender under the Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein and agrees that its obligations under the Agency Agreement are in full force and effect.
Firstar Bank, N. A. ------------------ (as successor to Mercantile Bank, National Association) Revolving Credit Commitment $ 9,450,000 Applicable Commitment Percentage 3.78% AmSouth Bank ------------ Revolving Credit Commitment $22,050,000 Applicable Commitment Percentage 8.82%
Firstar Bank, N. A., a Wisconsin corporation whose registered office is at 0000 Xxxxx XxxxxXxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxxx 00000 as rights agent in respect of the Rights (hereinafter defined)(the "Rights Agent", which expression shall, wherever the context so admits, include its successors and permitted assigns).
Firstar Bank, N. A. has a lien, filed on August 20, 2000 (continued December 21, 2004), on all accounts, contract rights, general intangibles, inventory, equipment, documents, instruments, chattel paper, money and deposit accounts, and products and proceeds.
Firstar Bank, N. A., a Lender under the Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein and agrees that its obligations under the Agency Agreement are in full force and effect. FIRSTAR BANK, N.A. By: /s/ Dale X. Xxxxx -------------------------------------- Name: Dale X. Xxxxx --------------------------------- Title: Vice President -------------------------------- CONSENT OF AMSOUTH BANK Amsouth Bank, a Lender under the Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein and agrees that its obligations under the Agency Agreement are in full force and effect. AMSOUTH BANK By: /s/ Carl X. Xxxxxx -------------------------------------- Name: Carl X. Xxxxxx --------------------------------- Title: Vice President -------------------------------- EXHIBIT A ASSIGNMENT OF ACCOUNT The undersigned ("Assignor"), in consideration of certain financial accommodations extended to Assignor under that certain Amended and Restated Financing and Security Agreement dated as of February 12, 1999 (as amended, supplemented, or restated, the "Credit Agreement"), does hereby assign and transfer to by BANK UNITED, a federal savings bank, as agent for itself and certain other lenders set forth in the Credit Agreement ("Agent"), all of Assignor's right, title and interest in and to the accounts) identified as follows: Name and Address of Depository or Identifying Number Issuing Institution Type of Account of Account(s) ------------------- ------------------------- ------------------------ Bank United 3200 Xxxxxxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 and all instruments, documents, agreements and other writings evidencing such account(s), all sums now or at any time hereafter on deposit therein, all sums now due or to become due with respect to such accounts) and any and all renewals, replacements and proceeds thereof (the "Account"). Assignor represents, warrants and agrees that (i) Assignor has full power, right and authority to execute and deliver this Assignment, (ii) Assignor is the owner of the Account free and clear of all liens and encumbrances of any nature whatsoever, (iii) Assignor will not withdraw any money from the Account nor create any security in...
Firstar Bank, N. A. is hereby appointed by the Banks as Agent under this Agreement, the Notes and the other Transaction Documents. The Agent agrees to act as such upon the express conditions contained in this Agreement.
Firstar Bank, N. A. By ------------------------------------------- Name: Title:
Firstar Bank, N. A., a national banking association, as property trustee (in such capacity, the "Property Trustee" and, in its personal capacity and not in its capacity as Property Trustee, the "Bank"); (iii) Mark X. Xxxxxxxx, xx Delaware trustee (in such capacity, the "Delaware Trustee"); (iv) John X. Xxxxxxxxxx, Xxan X. XxXxxxx xxx John X. Xxxxxxxxxx, xxch of whose address is c/o Dayton Superior Corporation, 7777 Xxxxxxxxxx Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxx 00000 (xxch, an "Administrative Trustee" and, collectively, the "Administrative Trustees" and, collectively with the Property Trustee and Delaware Trustee, the "Trustees") and (iv) the several Holders as hereinafter defined.
Firstar Bank, N. A., a Lender under the Financing Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein. FIRSTAR BANK, N.A. By: /s/ Dale X. Xxxxx --------------------------------------- Name: Dale X. Xxxxx -------------------------------- Title: Vice President -------------------------------
