FORM OF SUPPLEMENT. THIS SUPPLEMENT TO GUARANTY AND SECURITY AGREEMENT, dated as of [ ] (this “Supplement”), is made by [NAME OF GRANTOR], a [state of incorporation] [corporation] (the “Grantor”), in favor of SUNTRUST BANK, as administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties (as defined in the Guaranty and Security Agreement referred to below). All capitalized terms not defined herein shall have the meanings assigned to them in the Guaranty and Security Agreement.
FORM OF SUPPLEMENT. SUPPLEMENT NO. __, dated as of _______________, to the GUARANTY AGREEMENT, dated as of December 21, 2011, among the Guarantors party thereto and The Bank of New York Mellon, as administrative agent under the Credit Agreement referred to in the next paragraph (as amended, supplemented or otherwise modified from time to time, the “Guaranty Agreement”). Reference is made to the Three Year Credit Agreement, dated as of December 21, 2011, by and among TXXXXXX & CO., a Delaware corporation (the “Parent”), TXXXXXX AND COMPANY, a New York corporation (“Tiffany”), TXXXXXX & CO. INTERNATIONAL, a Delaware corporation (“Tiffany International”), TXXXXXX & CO. JAPAN INC. (“Tiffany Japan”), the other Borrowers party thereto, the Lenders from time to time party thereto and The Bank of New York Mellon, as Administrative Agent (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement and the Guaranty Agreement. The Guarantors have entered into the Guaranty Agreement in order to induce the Lenders to make Loans and the Issuing Bank to issue Letters of Credit. Article 14 of the Guaranty Agreement provides that additional Persons may become Guarantors under the Guaranty Agreement by execution and delivery of an instrument in the form of this Supplement. The undersigned Person (the “New Guarantor”) is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Guarantor under the Guaranty Agreement in order to induce the Lenders to make additional Loans and the Issuing Bank to issue additional Letters of Credit and as consideration for Loans previously made and Letters of Credit previously issued. Accordingly, the Administrative Agent and the New Guarantor agree as follows:
FORM OF SUPPLEMENT. SUPPLEMENT NO. , dated as of , to the Security Agreement, dated as of September 1, 2009, among VIRTUS INVESTMENT PARTNERS, INC., a Delaware corporation (the “Borrower”), the subsidiaries of the Borrower party thereto, and THE BANK OF NEW YORK MELLON, as Administrative Agent under the Credit Agreement referred to in the next paragraph (as amended, supplemented or otherwise modified from time to time, the “Security Agreement”). Reference is made to the Credit Agreement, dated as of September 1, 2009, among the Borrower, the Lenders from time to time party thereto and The Bank of New York Mellon, as Administrative Agent thereunder (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms (and the term “subsidiary”) used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement and the Security Agreement. The Grantors have entered into the Security Agreement in order to induce the Credit Parties to enter into the Credit Agreement. Article 10 of the Security Agreement provides that additional Subsidiaries may become Grantors under the Security Agreement by execution and delivery of an instrument in the form of this Supplement. The undersigned Subsidiary (the “New Grantor”) is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Grantor under the Security Agreement in order to induce the Lenders to make additional Revolving Loans and as consideration for Revolving Loans previously made. Accordingly, the Administrative Agent and the New Grantor hereby agree as follows:
FORM OF SUPPLEMENT. Supplement No. _____ (this “Supplement”) dated as of _____, 20____, to the Pledge and Security Agreement dated as of February 4, 2011 (the “Agreement”) by each of the parties listed on the signature pages thereto and those additional entities that thereafter become parties thereto (each a “Grantor”) and XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee (the “Note Collateral Agent”) for the Holders party to the Indenture (as defined below).
FORM OF SUPPLEMENT. [SEE ATTACHED FIFTY-SEVENTH SUPPLEMENTAL INDENTURE] FORM OF OPINION OF GENERAL COUNSEL TO THE COMPANY EXHIBIT 4.4(a) (to Bond Purchase Agreement) FORM OF OPINION OF SPECIAL COUNSEL TO THE COMPANY EXHIBIT 4.4(b) (to Bond Purchase Agreement) FORM OF OPINION OF SPECIAL COUNSEL TO THE PURCHASERS EXHIBIT 4.4(c) (to Bond Purchase Agreement) Reference is hereby made to the Bond Purchase Agreement dated as of December 20, 2019 (as amended, supplemented or otherwise modified from time to time, the “Bond Purchase Agreement”), among Aqua Pennsylvania, Inc., a corporation organized under the laws of the Commonwealth of Pennsylvania (the “Company”) and the Purchasers that are signatories thereto. Unless otherwise defined herein, capitalized terms defined in the Bond Purchase Agreement and used herein have the meanings given to them in the Bond Purchase Agreement. Pursuant to the provisions of Section 12.4 (Tax Withholding) of the Bond Purchase Agreement, the undersigned hereby certifies that:
FORM OF SUPPLEMENT. SUPPLEMENT NO. , dated as of , to the JOINT AND SEVERAL GUARANTY OF PAYMENT, dated as of April 26, 2012, among Chefs’ Warehouse, Inc. and Dairyland USA Corporation (collectively referred to as the “Corporate Guarantors”); and Chefs’ Warehouse Parent, LLC, The Chefs’ Warehouse Mid-Atlantic, LLC, Bel Canto Foods, LLC, The Chefs’ Warehouse West Coast, LLC and The Chefs’ Warehouse of Florida, LLC (the “Entity Guarantors”) and any additional subsidiaries of the Borrower or any of the foregoing, their successors and assigns, including by merger, all of which shall become guarantors hereof pursuant to the terms and conditions of this Agreement, collectively the “Guarantors”) and Commercial Lending II LLC, as lender (as amended, supplemented or otherwise modified from time to time, the “Guaranty Agreement”).
FORM OF SUPPLEMENT. SALE AND CONTRIBUTION AGREEMENT ------------------------------- THIS SALE AND CONTRIBUTION AGREEMENT, dated as of March 1, 2001, executed among MFN Funding LLC ("MFN Funding"), a Delaware limited liability company, as purchaser ("Purchaser"), Xxxxx Fargo Bank Minnesota, National Association, as collateral agent (the "Collateral Agent") and Mercury Finance Company LLC, a Delaware limited liability company ("MFC"), as seller (the "Seller").
FORM OF SUPPLEMENT. Supplement No. ____ (this "Supplement") dated as of _______________, 20__, to the US Security Agreement dated as of May 15, 2003 (as amended, restated, supplemented or otherwise modified from time to time, the "US Security Agreement") among US Grantors listed on the signature pages thereof and those additional entities that thereafter become parties thereto (collectively as "US Grantors" and individually as a "US Grantor"), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, individually and as agent (in such capacity, "Agent") for itself, General Electric Capital Canada Inc., as Canadian agent ("Canadian Agent") and the lenders from time to time signatory to the Credit Agreement thereinafter defined.
FORM OF SUPPLEMENT. Supplement No. (this “Supplement”) dated as of , to the Security Agreement dated as of February 17, 2009 (as amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”) by each of the parties listed on the signature pages thereto and those additional entities that thereafter become parties thereto (collectively, the “Grantors” and each, a “Grantor”) and XXXXX FARGO FOOTHILL, LLC in its capacity as Agent for the Lender Group and the Bank Product Providers (together with the successors, “Agent”).
