Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of that certain Guaranty and Security Agreement, dated as of July 31, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by BIOSCRIP, INC., a Delaware corporation and the other Grantors party thereto for the benefit of SUNTRUST BANK, as administrative agent (in such capacity, together with its successors and assigns, the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
1. The undersigned will be bound by the terms of the Agreement relating to the Pledged Securities issued by the undersigned and will comply with such terms insofar as such terms are applicable to the undersigned.
2. The terms of Sections 7.1(c) and 7.5 of the Agreement shall apply to it, mutatis mutandis, with respect to all actions that may be required of it pursuant to Sections 7.1(c) or 7.5 of the Agreement with respect to the Pledged Securities issued by the undersigned.
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guarantee and Collateral Agreement dated as of October 11, 2019 (as amended, restated, supplemented, replaced, or otherwise modified from time to time, the “Agreement”), made by BellRing Brands, LLC (as successor Borrower to Post Holdings, Inc.) and the other Grantors parties thereto for the benefit of Xxxxxx Xxxxxxx Senior Funding, Inc., as Administrative Agent; capitalized terms used but not defined herein have the meanings given such terms therein. The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties as follows:
Form of Acknowledgment and Consent. LF3 LAKEWOOD, LLC, a Delaware limited liability company (together with its successors and/or assigns, “Lakewood Borrower”), and LF3 LAKEWOOD TRS, LLC, a Delaware limited liability company (together with its successors and/or assigns, “Operator”; and Lakewood Borrower are, individually and/or collectively (as the context requires) referred to herein as “Borrower”) hereby acknowledges receipt of a copy of that certain Pledge and Security Agreement, dated as of the date hereof, made by LODGING FUND REIT III TRS, INC. (the “Pledgor”) in favor of Xxxxxx (the “Pledge Agreement”), consents to the terms and conditions thereof and agrees that Pledgor is bound thereby. Xxxxxxxx agrees to notify Xxxxxx promptly in writing of the occurrence of any of the events described in Section 5(a) of the Pledge Agreement. Terms used herein but not otherwise defined herein shall have the respective meanings ascribed to them in the Pledge Agreement. Executed counterparts of this Acknowledgment and Consent delivered by facsimile or in electronic format (such as “.pdf”) will be effective as the delivery of manually executed counterpart originals. Dated: , 20 [SIGNATURE FOLLOWS ON NEXT PAGE] EXH. D-1 Ex 10.5
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guaranty and Security Agreement, dated as of December 5, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company, DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company and DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company, DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation, and the other Grantors parties thereto for the benefit of SUNTRUST BANK, as administrative agent (the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
1. The undersigned will be bound by the terms of the Agreement relating to the Pledged Securities issued by the undersigned and will comply with such terms insofar as such terms are applicable to the undersigned.
2. The undersigned will notify the Administrative Agent promptly in writing of the occurrence of any of the events described in Section 6.9(a) of the Agreement with respect to the Pledged Securities issued by the undersigned.
3. The terms of Sections 7.1(c) and 7.5 of the Agreement shall apply to it, mutatis mutandis, with respect to all actions that may be required of it pursuant to Sections 7.1(c) or 7.5 of the Agreement with respect to the Pledged Securities issued by the undersigned.
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guaranty and Security Agreement, dated as of [ ] (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by THE NEW JERSEY IMAGING NETWORK, L.L.C., a New Jersey limited liability company, and the other Grantors parties thereto for the benefit of SUNTRUST BANK, as administrative agent (the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of that certain Second Lien Guaranty and Security Agreement, dated as of June 29, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by BIOSCRIP, INC., a Delaware corporation and the other Grantors party thereto for the benefit of WXXXX FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”). The undersigned agrees for the benefit of the Collateral Agent and the Secured Parties defined therein as follows:
1. The undersigned will be bound by the terms of the Agreement relating to the Pledged Securities issued by the undersigned and will comply with such terms insofar as such terms are applicable to the undersigned.
2. The terms of Sections 7.1(c) and 7.5 of the Agreement shall apply to it, mutatis mutandis, with respect to all actions that may be required of it pursuant to Sections 7.1(c) or 7.5 of the Agreement with respect to the Pledged Securities issued by the undersigned.
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guaranty and Security Agreement, dated as of November 19, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by LANDMARK INFRASTRUCTURE OPERATING COMPANY LLC, a Delaware limited liability company, LANDMARK INFRASTRUCTURE PARTNERS LP, a Delaware limited partnership and the other Grantors party thereto for the benefit of SUNTRUST BANK, as administrative agent (in such capacity, the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guaranty and Security Agreement dated as of June 3, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by COMMUNITY HEALTHCARE OP, LP, a Delaware limited partnership, COMMUNITY HEALTHCARE TRUST INCORPORATED, a Maryland corporation, and the other Grantors (as defined in the Agreement) parties thereto for the benefit of SUNTRUST BANK, as administrative agent (the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Guarantee and Collateral Agreement dated as of [ ], 2008 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by the Grantors thereto in favor of The Bank of Nova Scotia Trust Company of New York, in its capacity as Collateral Agent (in such capacity and together with its successors, the “Collateral Agent”); capitalized terms used but not defined herein have the meanings given such terms therein. The undersigned agrees for the benefit of the Collateral Agent and the Senior Secured Parties as follows:
Form of Acknowledgment and Consent. The undersigned hereby acknowledges receipt of a copy of the Security Agreement, dated as of September 30, 2011 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), made by KNOXVILLE HMA HOLDINGS, LLC, a Tennessee limited liability company and the other Grantors parties thereto for the benefit of SUNTRUST BANK, as administrative agent (the “Administrative Agent”). The undersigned agrees for the benefit of the Administrative Agent and the Secured Parties defined therein as follows:
