Common use of Form of Clause in Contracts

Form of. A Request for Credit Extension B Assignment and Assumption C-1 Opinion of Internal Counsel to the Company C-2 Opinion of Txxxxx Xxxx & Priest LLP C-3 Opinion of Netherlands Counsel to the Company C-4 Opinion of Mxxxxxxx & Fxxxxxxx LLP C-5 Opinion of Internal Counsel to the Administrative Agent C-6 Opinion of Special Counsel to the Lenders D Credit-Linked Note E Request for Term Loans F Term Note G Subsidiary Guaranty H-1 LOC Application and Agreement (Bank of America) H-2 LOC Application and Agreement (JPMorgan Chase Bank) I Money Market Account Agreement J Parent Guaranty K Allocation Agreement This LETTER OF CREDIT AND TERM LOAN AGREEMENT (“Agreement”) is entered into as of November 6, 2006, among CHICAGO BRIDGE & IRON COMPANY N.V., a corporation organized under the laws of The Kingdom of the Netherlands (the “Company”), on behalf of itself and as Co-Obligors’ Agent, and CHICAGO BRIDGE & IRON COMPANY (DELAWARE), a Delaware corporation, CBI SERVICES, INC., a Delaware corporation, CB&I CONSTRUCTORS, INC., a Texas corporation, and CB&I TYLER COMPANY, a Delaware corporation (each of the foregoing being a Wholly-Owned Subsidiary of the Company and hereinafter referred to individually as a “Co-Obligor” and collectively the “Co-Obligors”), BANK OF AMERICA, N.A., and JPMORGAN CHASE BANK, N.A., as issuers of letters of credit (each an “L/C Issuer” and collectively, the “L/C Issuers”), the financial institutions having a Credit-Linked Deposit set forth opposite their names on Schedule 2.01 hereto under the heading “Credit-Linked Deposit” (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent.

Form of. A Request for Credit Extension Loan Notice B Revolving Note C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X-0 Note X-0 Xxxx X-0 Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption C-1 Opinion of Internal Counsel to the Company C-2 Opinion of Txxxxx Xxxx & Priest LLP C-3 Opinion of Netherlands Counsel to the Company C-4 Opinion of Mxxxxxxx & Fxxxxxxx LLP C-5 Opinion of Internal Counsel to the G-2 Administrative Agent C-6 Opinion of Special Counsel to the Lenders D Credit-Linked Note E Request for Term Loans F Term Note G Subsidiary Guaranty H-1 LOC Application and Agreement (Bank of America) H-2 LOC Application and Agreement (JPMorgan Chase Bank) I Money Market Account Agreement J Parent Guaranty K Allocation Agreement Questionnaire H Secured Party Designation Notice This LETTER OF CREDIT AND TERM LOAN AGREEMENT (“Agreement”) is entered into as of November 6December 17, 20062014, among CHICAGO BRIDGE & IRON COMPANY N.V., a corporation organized under the laws of The Kingdom of the Netherlands (the “Company”), on behalf of itself and as Co-Obligors’ Agent, and CHICAGO BRIDGE & IRON COMPANY (DELAWARE), a Delaware corporation, CBI SERVICESEQUINIX, INC., a Delaware corporationcorporation (“Equinix” or the “Borrower”), CB&I CONSTRUCTORSEQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Texas corporation, and CB&I TYLER COMPANY, a Delaware corporation (each of the foregoing being a Whollyand indirect wholly-Owned owned Subsidiary of the Company and hereinafter referred to individually as a Equinix (“Co-Obligor” and collectively the “Co-ObligorsEquinix US”), BANK OF AMERICAand any other Person that executes a Joinder Agreement following the Third Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, N.A.S&D and Equinix US, and JPMORGAN CHASE BANK, N.A., as issuers of letters of credit (each an “L/C Issuer” and collectively, the “L/C IssuersGuarantors” and individually, a “Guarantor”), the financial institutions having a Credit-Linked Deposit set forth opposite their names on Schedule 2.01 each lender from time to time party hereto under the heading “Credit-Linked Deposit” (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. and TD SECURITIES (USA) LLC, as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arrangers and Joint Book Runners with respect to the Term B-1 Facility, CITIGROUP GLOBAL MARKETS, INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead Arrangers with respect to the Term B-1 Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, JPMORGAN CHASE BANK, N.A., RBC CAPITAL MARKETS, TD SECURITIES (USA) LLC, MUFG, XXXXXXX XXXXX BANK USA, and BARCLAYS BANK PLC, as Joint Lead Arrangers and Joint Book Runners with respect to the Term B-2 Facility, and ING BANK N.V., HSBC SECURITIES (USA) INC. and U.S. BANK NATIONAL ASSOCIATION, as Co-Managers with respect to the Term B-2 Facility, with reference to the following facts:

Form of. A Request for Credit Extension Loan Notice B Revolving Note C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption C-1 Opinion of Internal Counsel to the Company C-2 Opinion of Txxxxx Xxxx & Priest LLP C-3 Opinion of Netherlands Counsel to the Company C-4 Opinion of Mxxxxxxx & Fxxxxxxx LLP C-5 Opinion of Internal Counsel to the G-2 Administrative Agent C-6 Opinion of Special Counsel to the Lenders D Credit-Linked Note E Request for Term Loans F Term Note G Subsidiary Guaranty H-1 LOC Application and Agreement (Bank of America) H-2 LOC Application and Agreement (JPMorgan Chase Bank) I Money Market Account Agreement J Parent Guaranty K Allocation Agreement Questionnaire H Secured Party Designation Notice This LETTER OF CREDIT AND TERM LOAN AGREEMENT (“Agreement”) is entered into as of November 6December 17, 20062014, among CHICAGO BRIDGE & IRON COMPANY N.V., a corporation organized under the laws of The Kingdom of the Netherlands (the “Company”), on behalf of itself and as Co-Obligors’ Agent, and CHICAGO BRIDGE & IRON COMPANY (DELAWARE), a Delaware corporation, CBI SERVICESEQUINIX, INC., a Delaware corporationcorporation (“Equinix” or the “Borrower”), CB&I CONSTRUCTORSEQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Texas corporation, and CB&I TYLER COMPANY, a Delaware corporation (each of the foregoing being a Whollyand indirect wholly-Owned owned Subsidiary of the Company and hereinafter referred to individually as a Equinix (“Co-Obligor” and collectively the “Co-ObligorsEquinix US”), BANK OF AMERICAand any other Person that executes a Joinder Agreement following the date hereofSecond Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, N.A.S&D and S&DEquinix US, and JPMORGAN CHASE BANK, N.A., as issuers of letters of credit (each an “L/C Issuer” and collectively, the “L/C IssuersGuarantors” and individually, a “Guarantor”), the financial institutions having a Credit-Linked Deposit set forth opposite their names on Schedule 2.01 each lender from time to time party hereto under the heading “Credit-Linked Deposit” (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. and TD SECURITIES (USA) LLC, as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, and XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arrangers and Joint Book Runners with respect to the Term B Facility, and CITIGROUP GLOBAL MARKETS, INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead Arrangers with respect to the Term B Facility, with reference to the following facts:

Form of. A Request for Credit Extension Loan Notice B Revolving Note C-1 CHF Term A Note C-2 Euro Term A Note C-3 Sterling Term A Note X-0 Xxx Xxxx X Xxxx X-0 Xxxx X-0 Note X-0 Xxxx X-0 Note D Compliance Certificate E Joinder Agreement F Pledge and Security Agreement G-1 Assignment and Assumption C-1 Opinion of Internal Counsel to the Company C-2 Opinion of Txxxxx Xxxx & Priest LLP C-3 Opinion of Netherlands Counsel to the Company C-4 Opinion of Mxxxxxxx & Fxxxxxxx LLP C-5 Opinion of Internal Counsel to the G-2 Administrative Agent C-6 Opinion of Special Counsel to the Lenders D Credit-Linked Note E Request for Term Loans F Term Note G Subsidiary Guaranty H-1 LOC Application and Agreement (Bank of America) H-2 LOC Application and Agreement (JPMorgan Chase Bank) I Money Market Account Agreement J Parent Guaranty K Allocation Agreement Questionnaire H Secured Party Designation Notice This LETTER OF CREDIT AND TERM LOAN AGREEMENT (“Agreement”) is entered into as of November 6December 17, 20062014, among CHICAGO BRIDGE & IRON COMPANY N.V., a corporation organized under the laws of The Kingdom of the Netherlands (the “Company”), on behalf of itself and as Co-Obligors’ Agent, and CHICAGO BRIDGE & IRON COMPANY (DELAWARE), a Delaware corporation, CBI SERVICESEQUINIX, INC., a Delaware corporationcorporation (“Equinix” or the “Borrower”), CB&I CONSTRUCTORSEQUINIX LLC, a Delaware limited liability company and direct wholly-owned Subsidiary of Equinix (“OpCo”), SWITCH & DATA LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of Equinix (“S&D”), EQUINIX (US) ENTERPRISES, INC., a Texas corporation, and CB&I TYLER COMPANY, a Delaware corporation (each of the foregoing being a Whollyand indirect wholly-Owned owned Subsidiary of the Company and hereinafter referred to individually as a Equinix (“Co-Obligor” and collectively the “Co-ObligorsEquinix US”), BANK OF AMERICAand any other Person that executes a Joinder Agreement following the [Second]Third Amendment Effective Date (as defined below) pursuant to Section 6.14 in order to become a Guarantor hereunder for purposes of Section 10.19 (together with OpCo, N.A.S&D and Equinix US, and JPMORGAN CHASE BANK, N.A., as issuers of letters of credit (each an “L/C Issuer” and collectively, the “L/C IssuersGuarantors” and individually, a “Guarantor”), the financial institutions having a Credit-Linked Deposit set forth opposite their names on Schedule 2.01 each lender from time to time party hereto under the heading “Credit-Linked Deposit” (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. and TD SECURITIES (USA) LLC, as Co-Syndication Agents, BARCLAYS BANK PLC, CITIBANK, N.A., ROYAL BANK OF CANADA and ING BANK N.V., SINGAPORE BRANCH, as Co-Documentation Agents, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, X. X. XXXXXX SECURITIES LLC, and TD SECURITIES (USA) LLC, as Joint Lead Arrangers and Book Runners with respect to the Revolving Facility and Term A Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Joint Lead Arrangers and Joint Book Runners with respect to the Term B-1 Facility,[ and] CITIGROUP GLOBAL MARKETS, INC., RBC CAPITAL MARKETS and TD SECURITIES (USA) LLC, as Joint Lead Arrangers with respect to the Term B[ Facility,]-1 Facility, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, JPMORGAN CHASE BANK, N.A., RBC CAPITAL MARKETS, TD SECURITIES (USA) LLC, MUFG, XXXXXXX XXXXX BANK USA, and BARCLAYS BANK PLC, as Joint Lead Arrangers and Joint Book Runners with respect to the Term B-2 Facility, and ING BANK N.V., HSBC SECURITIES (USA) INC. and U.S. BANK NATIONAL ASSOCIATION, as Co-Managers with respect to the Term B-2 Facility, with reference to the following facts:

Form of. A Request for Credit Extension Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption C-1 F-2 Administrative Questionnaire G Guaranty H Opinion of Internal Counsel to the Company C-2 Opinion of Txxxxx Xxxx & Priest LLP C-3 Opinion of Netherlands Counsel to the Company C-4 Opinion of Mxxxxxxx & Fxxxxxxx LLP C-5 Opinion of Internal Counsel to the Administrative Agent C-6 Opinion of Special Counsel to the Lenders D Credit-Linked Note E Request for Term Loans F Term Note G Subsidiary Guaranty H-1 LOC Application and Agreement (Bank of America) H-2 LOC Application and Agreement (JPMorgan Chase Bank) I Money Market Account Agreement J Parent Guaranty K Allocation Agreement Matters This LETTER OF AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) is entered into as of November 6May 14, 20062010, among CHICAGO BRIDGE & IRON COMPANY N.V.GLOBAL OPERATING LLC, a corporation organized under the laws of The Kingdom of the Netherlands Delaware limited liability company (the “CompanyOLLC”), on behalf of itself and as Co-Obligors’ Agent, and CHICAGO BRIDGE & IRON COMPANY (DELAWARE)GLOBAL COMPANIES LLC, a Delaware corporationlimited liability company (“Global”), CBI SERVICES, INCGLOBAL MONTELLO GROUP CORP., a Delaware corporation, CB&I CONSTRUCTORS, INC., a Texas corporation, and CB&I TYLER COMPANY, a Delaware corporation (each of the foregoing being a Wholly-Owned Subsidiary of the Company and hereinafter referred to individually as a “Co-Obligor” and collectively the “Co-ObligorsMontello”), BANK OF AMERICAXXXX HES CORP., N.A.a Delaware corporation (“Xxxx Hes”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”) and JPMORGAN CHASE BANKGLOBAL ENERGY MARKETING LLC, N.A.a Delaware limited liability company (“GEM” and, as issuers of letters of credit (each an “L/C Issuer” collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Finance and collectivelyChelsea, the “L/C IssuersInitial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the financial institutions having “MLP”), GLOBAL GP LLC, a Credit-Linked Deposit set forth opposite their names on Schedule 2.01 Delaware limited liability company (the “GP” and, collectively with the MLP, the “Guarantors” and each individually, a “Guarantor”), each lender from time to time party hereto under the heading “Credit-Linked Deposit” (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative AgentAgent and L/C Issuer, JPMORGAN CHASE BANK, N.A. as Syndication Agent and SOCIETE GENERALE, STANDARD CHARTERED BANK, XXXXX FARGO BANK, N.A. and RBS CITIZENS, NATIONAL ASSOCIATION as Co-Documentation Agents.