Form of Loan Notice. Table of Contents [The Company and the Borrower each hereby represents and warrants that the conditions specified in Sections 4.03(a), (b), (e) and (f) shall be satisfied on and as of the date of the proposed Credit Extension.]1 1 Include only in the case of a Borrowing. Form of Loan Notice Table of Contents W.P. XXXXX & CO. LLC By: Name: Title: Form of Loan Notice Table of Contents EXHIBIT B-1 TO CREDIT AGREEMENT FORM OF COMPETITIVE BID REQUEST Date: , To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of December 28, 2011 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among W.P. Xxxxx & Co. LLC (together with its permitted successors and assigns, the “Company”), certain Subsidiaries of the Company identified therein, the Lenders party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Company, on behalf of [insert name of applicable Borrower] (the “Borrower”), hereby gives you notice pursuant to Section 2.03(b) of the Agreement that it requests a Competitive Borrowing under the Agreement and in that connection sets forth below the terms on which such Competitive Borrowing is requested to be made:
Form of Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) shall be satisfied on and as of the date of the proposed Credit Extension.]2 AMERICAN ASSETS TRUST, L.P. By: Name: Title: ______________________________________________ 2 Only applicable to a Revolving Credit Borrowing. Form of Loan Notice EXHIBIT B FORM OF SWING LINE LOAN NOTICE Date: ___________, _____ To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Amended and Restated Credit Agreement, dated as of January 9, 2014 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among American Assets Trust, Inc., a Maryland corporation, American Assets Trust, L.P., a Maryland limited partnership (the “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:
Form of Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 5.02(a) and (b) of the Credit Agreement shall be satisfied on and as of the date of the Borrowing.]1 XXXX XXXXXX HOLDINGS, INC. By: Name: Title: 1 To be included only for new Borrowings.
Form of Loan Notice. 2.10(a)(i) Form of Revolving Note 2.10(a)(ii) Form of Swing Line Note 2.10(a)(iii) Form of Tranche B Term Loan Note 2.10(a)(iv) Form of Tranche C Term Loan Note 7.02 Form of Compliance Certificate 7.12 Form of Joinder Agreement 11.06 Form of Assignment and Assumption CREDIT AGREEMENT This CREDIT AGREEMENT is entered into as of January 19, 2006 among MATRIA HEALTHCARE, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. The Borrower has requested that the Lenders provide $400,000,000 in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Loan Notice. 2.10(a)(i) Form of Revolving Note 2.10(a)(ii) Form of Term Loan A-1 Note 2.10(a)(iii) Form of Term Loan A-2 Note 2.10(a)(iv) Form of Term Loan B Note 7.02 Form of Compliance Certificate 7.12 Form of Joinder Agreement 11.07 Form of Assignment and Assumption AMENDED AND RESTATED CREDIT AGREEMENT This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of June 23, 2006 among Fortress Investment Group LLC, a Delaware limited liability company (“FIG”), and the other Borrowers (defined herein), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer. The Borrowers, certain subsidiaries and affiliates of the Borrowers as guarantors, certain lenders party thereto and Bank of America, N.A., as administrative agent and letter of credit issuer entered into that certain Credit Agreement, dated as of March 31, 2005 (as amended and modified from time to time prior to the date hereof, the “Existing Credit Agreement”). The Borrowers wish to amend and restate the Existing Credit Agreement to provide for $750 million in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Loan Notice. 4. If the requested Borrowing is a Commercial Paper Borrowing, check one box: ¨ The representation and warranty contained in Section 5.06 is true and correct on and as of the date hereof, and will be true and correct on and as of the date that the proceeds of the requested Loans are disbursed. ¨ The representation and warranty contained in Section 5.06 is true and correct on and as of the date hereof, and will be true and correct on and as of the date that the proceeds of the requested Loans are disbursed, except as follows:
Form of Loan Notice. Date: __________, 201__ To: Bank of America, N.A., as Administrative Agent Re: Credit Agreement dated as of December 1, 2010 (as amended, modified, supplemented or extended from time to time, the “Credit Agreement”) among Retail Opportunity Investments Partnership, LP, a Delaware limited partnership (the “Borrower”), the Guarantors, the Lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent and L/C Issuer. Capitalized terms used but not otherwise defined herein have the meanings provided in the Credit Agreement. Ladies and Gentlemen: The undersigned hereby requests (select one): [ ] A Borrowing of Revolving Loans [ ] A conversion or continuation of Revolving Loans
Form of Loan Notice. Date: __________, 201__ To: KeyBank National Association, as Administrative Agent Re: Term Loan Agreement dated as of September 29, 2015 (as amended, modified, supplemented or extended from time to time, the “Loan Agreement”) among Retail Opportunity Investments Partnership, LP, a Delaware limited partnership (the “Borrower”), the Guarantors, the Lenders from time to time party thereto and KeyBank National Association, as Administrative Agent. Capitalized terms used but not otherwise defined herein have the meanings provided in the Loan Agreement. Ladies and Gentlemen: The undersigned hereby requests (select one): [ ] A borrowing of Term Loans [ ] A conversion or continuation of Term Loans
Form of Loan Notice. [The Borrower Representative hereby represents and warrants that the conditions specified in Sections 4.02(a), (b), and (d) of the Agreement have been satisfied on and as of the date of the proposed Credit Extension.]1 BORROWER REPRESENTATIVE: AMERICAN RESIDENTIAL PROPERTIES OP, L.P. By: American Residential GP, LLC, its general partner By: _____________________________________ Name: ___________________________________ Title: ____________________________________ _________________________ 1 Only applicable to a Borrowing Form of Loan Notice EXHIBIT B-1 FORM OF REVOLVING CREDIT NOTE FOR VALUE RECEIVED, each of the undersigned (each a “Borrower” and collectively the “Borrowers”), hereby, jointly and severally, promises to pay to _____________________ or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Revolving Credit Loan from time to time made by the Lender to the Borrowers under that certain Second Amended and Restated Credit Agreement, dated as of November 24, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among the Borrowers, American Residential Properties, Inc., American Residential GP, LLC, American Residential Properties TRS, LLC and the Subsidiaries of American Residential Properties OP, L.P. from time to time party thereto, as guarantors, the Lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent and L/C Issuer. The Borrowers, jointly and severally, promise to pay interest on the unpaid principal amount of each Revolving Credit Loan made by the Lender from the date of such Revolving Credit Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest with respect to each Revolving Credit Loan shall be made to the Administrative Agent for the account of the Lender in Dollars in immediately available funds at the Administrative Agent’s Office. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement. This Revolving Credit Note is one of the Revolving Credit Notes referred to in th...
Form of Loan Notice. [The Borrower hereby represents and warrants that the conditions specified in Sections 4.02(a) and (b) shall be satisfied on and as of the date of the proposed Credit Extension.]4
