GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFI, INC., a New York corporation (“Parent”), UNIFI MANUFACTURING, INC., a North Carolina corporation (“Unifi Manufacturing”; Unifi Manufacturing and Parent are herein collectively called the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement dated as of May 24, 2012 (as amended or modified from time to time, collectively, the “Credit Agreement”) among Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANK, N.A., as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Amendment to Credit Agreement dated as of December 27, 2012 among Borrowers, the Lenders party thereto and Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24, 2012 executed by the undersigned in favor of Agent (the “Guaranty”); and (d) acknowledges that Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of Borrowers, or enter into any agreement or extend additional or other credit accommodations to Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for Borrowers’ present and future Obligations. SPANCO INTERNATIONAL, INC., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFIHAMPSHIRE BRANDS, INC.. (f/k/a Hampshire Designers, Inc.), a New York Delaware corporation (“ParentHampshire Brands”), UNIFI MANUFACTURINGHAMPSHIRE SUB II, INC.. (f/k/a Item-Eyes, Inc.), a North Carolina Delaware corporation (“Unifi ManufacturingHampshire Sub II”), XXXXX XXXXX, LLC, a Delaware limited liability company (“Xxxxx Xxxxx”), and HAMPSHIRE INTERNATIONAL, LLC, a Delaware limited liability company (“Hampshire International”; Unifi Manufacturing Hampshire Brands, Hampshire Sub II, Xxxxx Xxxxx and Parent Hampshire International are herein collectively called the “Borrowers” and each individually individually, a “Borrower”), ) under and as defined in that certain Credit Agreement dated as of May 24October 28, 2012 2010 (as amended or modified from time to time, collectively, the “Credit Agreement”) among HAMPSHIRE GROUP, LIMITED, a Delaware corporation (“Parent”), the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKCAPITAL FINANCE, N.A.LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Amendment to Credit Agreement dated as and Consent of December 27even date herewith among Parent, 2012 among the Borrowers, the Lenders party thereto and the Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24October 28, 2012 2010 executed by the undersigned in favor of the Agent (the “Guaranty”); and (d) acknowledges that the Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, or release any Person liable for the Obligations or any Collateral securing the Obligations, in each case without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ present and future Obligations. SPANCO INTERNATIONALEach of the parties hereto has caused a counterpart of this Guarantors’ Acknowledgment to be duly executed and delivered as of the 15th day of August, 2011. GUARANTORS: HAMPSHIRE GROUP, LIMITED, a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Executive Officer SB CORPORATION, a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chairman HAMPSHIRE SUB, INC. (f/k/a Xxxxx Xxxxxx, Inc.), a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chairman MARISA XXXXXXXXX, INC., a North Carolina Delaware corporation By: /s/ XXXXXXX Xxxxx X. XXXXX Xxxxxx Name: Xxxxxxx Xxxxx X. XxXxx Xxxxxx Title: Vice President and Secretary UNIFI SALES & DISTRIBUTIONChairman MARISA XXXXXXXXX APPAREL, INC., a North Carolina Delaware corporation By: /s/ XXXXXXX Xxxxx X. XXXXX Xxxxxx Name: Xxxxxxx Xxxxx X. XxXxx Xxxxxx Title: Vice President Chairman EXHIBIT A Form of Honduran A/R Transfer Agreement INSTRUMENT NUMBER………….(...) In the city of San Xxxxx Sula, Cortés, on the... day of August two thousand eleven. Before me, XXXX XXXXX XXXXXXX, Attorney and Secretary UNIFI EQUIPMENT LEASINGNotary domiciled in Tegucigalpa, Municipio del Distrito Central, in transit in this city, registered under number four hundred twelve (0412), with exequátur number three hundred forty two (342) issued by the Supreme Court with offices as 0000, Xxxxxxx Xxxxxxxxxx xx Xxxxx, Tegucigalpa, Municipio del Distrito Central, appear: XXXXXXXX XXXXXXX XXXXXXX XXXX, of this domicile; and XXXXXXXX XXXX XXXXXXX XXXXXXXXX, domiciled in Tegucigalpa, Municipio del Distrito Central, in transit in this city; both attorneys, of legal age, married and Honduran; the first acts as Executor of the Special Resolution of the general extraordinary assembly of shareholders of the entity by the name of RG MERGER SUB, S.A., who for the purposes of this document shall be referred to as the Seller, and the second acts as Special Representative of the entity organized in the State of Delaware, United States of America by the name of HAMPSHIRE INTERNATIONAL, LLC, a North Carolina who for the purposes of this document shall be referred to as the Purchaser; both have been duly empowered to execute this document as it appears to the Notary based on the documents described at the end of this instrument. Both parties assure the notary that they are in full enjoyment of their civil rights, and thereby freely and spontaneously state: That the corporation and limited liability company Bycompany, respectively, they represent have agreed to execute, as they in fact hereby execute, a RECEIVABLES PURCHASE AGREEMENT, which will be governed by the following clauses: /s/ FIRST: CERTAIN DEFINITIONS. XXXXXXXX XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President XXXXXXX XXXX and SecretaryXXXXXXXX XXXX XXXXXXX XXXXXXXXX; in the condition they appear; state they have agreed that for the purposes of this document the use following denominations and definitions as set forth:
Appears in 1 contract
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFIUnifi, INC.Inc., a New York corporation (“Parent”), UNIFI MANUFACTURINGand Unifi Manufacturing, INC.Inc., a North Carolina corporation (“Unifi Manufacturing”; Unifi Manufacturing ” and Parent are herein collectively called together with Parent, each a “Borrower” and collectively, the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement Agreement, dated as of May 24, 2012, as amended by the First Amendment to Credit Agreement, dated as of December 27, 2012 (as amended or modified from time to time, collectivelyso amended, the “Credit Agreement”) ), by and among Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKXxxxx Fargo Bank, N.A.National Association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Second Amendment to Credit Agreement Agreement, dated as of December 27June 25, 2012 2013, by and among Borrowers, the Lenders party thereto and Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain the Guaranty and Security Agreement dated as of May 24, 2012 executed by the undersigned in favor of Agent (the “Guaranty”)Agreement; and (d) acknowledges that Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of Borrowers, or enter into any agreement or extend additional or other credit accommodations to Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty and Security Agreement for Borrowers’ present and future Obligations. SPANCO INTERNATIONAL, INC., a North Carolina corporation By: /s/ . By:/S/ XXXXXXX X. XXXXX XXXXXX Name: :Xxxxxxx X. XxXxx Xxxxxx Title: Vice President :Chairman and Secretary CEO UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By: /s/ . By:/S/ XXXXXXX X. XXXXX XXXXXX Name: :Xxxxxxx X. XxXxx Xxxxxx Title: Vice President :Chairman and Secretary CEO UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ LLC By:/S/ XXXXXXX X. XXXXX XXXXXX Name: :Xxxxxxx X. XxXxx Xxxxxx Title: Vice President :Chairman and SecretaryCEO SCHEDULE 1 TO SECOND AMENDMENT TO CREDIT AGREEMENT Schedule C-1 Commitments Lender Revolver Commitment Term Loan Commitment Total Commitment Xxxxx Fargo Bank, National Association $50,000,000.00 $25,000,000.00 $75,000,000.00 Bank of America, N.A. $33,333,333.33 $16,666,666.67 $50,000,000.00 CIT Bank $16,666,666.67 $8,333,333.33 $25,000,000.00 TOTAL $100,000,000.00 $50,000,000.00 $150,000,000.00
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFITHE XXXXX GROUP, INC., a New York Tennessee corporation (“ParentXxxxx”), UNIFI MANUFACTURINGCANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a North Carolina California corporation (“Unifi ManufacturingFabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; Unifi Manufacturing together with Xxxxx, Candlewick and Parent Fabrica, are herein collectively called referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement dated as of May 24September 13, 2012 2011 (as amended amended, restated, supplemented, or otherwise modified from time prior to time, collectivelythe date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKCAPITAL FINANCE, N.A.LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arrangerXXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing First Third Amendment to Credit Agreement dated as of December 27, 2012 among Borrowers, the Lenders party thereto and Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24September 13, 2012 2011 executed by the undersigned in favor of the Agent and Lenders (the “Guaranty”); and (d) acknowledges that the Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ present and future Obligations. SPANCO INTERNATIONALCapitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC., a North Carolina corporation ByINC.,a Tennessee corporationBy: /s/ XXXXXXX Xxx X. XXXXX NameFaulknerName: Xxxxxxx Xxx X. XxXxx TitleFaulknerTitle: Vice President and Secretary UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and SecretaryPresident
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFIHAMPSHIRE BRANDS, INC.. (f/k/a Hampshire Designers, Inc.), a New York Delaware corporation (“ParentHampshire Brands”), UNIFI MANUFACTURINGHAMPSHIRE SUB II, INC.. (f/k/a Item-Eyes, Inc.), a North Carolina Delaware corporation (“Unifi ManufacturingHampshire Sub II”), XXXXX XXXXX, LLC, a Delaware limited liability company (“Xxxxx Xxxxx”), and HAMPSHIRE INTERNATIONAL, LLC, a Delaware limited liability company (“Hampshire International”; Unifi Manufacturing Hampshire Brands, Hampshire Sub II, Xxxxx Xxxxx and Parent Hampshire International are herein collectively called the “Borrowers” and each individually individually, a “Borrower”), ) under and as defined in that certain Credit Agreement dated as of May 24October 28, 2012 2010 (as amended or modified from time to time, collectively, the “Credit Agreement”) among HAMPSHIRE GROUP, LIMITED, a Delaware corporation (“Parent”), the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKCAPITAL FINANCE, N.A.LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Third Amendment to Credit Agreement dated as and Amendment to Other Loan Documents and Consent and Waiver of December 27even date herewith among Parent, 2012 among the Borrowers, the Lenders party thereto and the Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24October 28, 2012 2010 executed by the undersigned in favor of the Agent (the “Guaranty”); and (d) acknowledges that the Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, or release any Person liable for the Obligations or any Collateral securing the Obligations, in each case without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ present and future Obligations. SPANCO INTERNATIONALEach of the parties hereto has caused a counterpart of this Guarantors’ Acknowledgment to be duly executed and delivered as of the 7th day of June, 2013. GUARANTORS: HAMPSHIRE GROUP, LIMITED, a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: CEO SB CORPORATION, a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: CEO HAMPSHIRE SUB II, INC. (f/k/a Xxxxx Xxxxxx, Inc.), a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: CEO MARISA XXXXXXXXX, INC., a North Carolina Delaware corporation By: /s/ XXXXXXX Xxxx X. XXXXX Xxxxxxx Name: Xxxx X. Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI SALES & DISTRIBUTIONCEO MARISA XXXXXXXXX, INC., a North Carolina Delaware corporation By: /s/ XXXXXXX Xxxx X. XXXXX Xxxxxxx Name: Xxxx X. Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and SecretaryCEO Exhibit “A” Form of Sale Agreement
Appears in 1 contract
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” Obligations of UNIFITHE XXXXX GROUP, INC., a New York Tennessee corporation (“ParentXxxxx”), UNIFI MANUFACTURINGCANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a North Carolina California corporation (“Unifi ManufacturingFabrica”), TDG OPERATIONS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC (“TDG”; Unifi Manufacturing together with Xxxxx, Candlewick and Parent Fabrica, are herein collectively called referred to hereinafter each individually as a “Borrower”, and collectively, the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement Agreement, dated as of September 13, 2011, as amended by the First Amendment to Credit Agreement, dated as of November 2, 2012, the Second Amendment to Credit Agreement, dated as of April 1, 2013, the Third Amendment to Credit Agreement, dated as of May 2422, 2012 2013, the Fourth Amendment to Credit Agreement, dated as of July 1, 2013, the Fifth Amendment to Credit Agreement, dated as of July 30, 2013, and the Sixth Amendment to Credit Agreement (the “Sixth Amendment”), dated as of the date hereof (as amended amended, restated, supplemented, or otherwise modified from time prior to time, collectivelythe date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKCAPITAL FINANCE, N.A.LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Amendment to Credit Agreement dated as of December 27, 2012 among Borrowers, the Lenders party thereto and Agent (the “Sixth Amendment”); (b) consents to the terms thereof and the execution thereofthereof by the Borrowers; (c) reaffirms its obligations pursuant to the terms of that certain the Guaranty and Security Agreement Agreement, dated as of May 24September 13, 2012 executed 2011, by the undersigned in favor of Agent and Lenders (the “Guaranty”); and (d) acknowledges that Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ ' present and future Obligations. SPANCO INTERNATIONALCapitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC., a North Carolina corporation . By: /s/ XXXXXXX Xxx X. XXXXX Xxxxxxxx Name: Xxxxxxx :Xxx X. XxXxx Title: Vice President and Secretary UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and SecretaryFaulknerTitle:President
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFITHE XXXXX GROUP, INC., a New York Tennessee corporation (“ParentXxxxx”), UNIFI MANUFACTURINGCANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a North Carolina California corporation (“Unifi ManufacturingFabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; Unifi Manufacturing together with Xxxxx, Candlewick and Parent Fabrica, are herein collectively called referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement dated as of May 24September 13, 2012 2011 (as amended amended, restated, supplemented, or otherwise modified from time prior to time, collectivelythe date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANK, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arranger, hereby (a) acknowledges receipt of the foregoing First Amendment to Credit Agreement dated as of December 27, 2012 among Borrowers, the Lenders party thereto and Agent (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24September 13, 2012 2011 executed by the undersigned in favor of the Agent and Lenders (the “Guaranty”); and (d) acknowledges that the Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ ' present and future Obligations. SPANCO INTERNATIONAL, INCCapitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASING, LLC, a North Carolina limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of UNIFITHE XXXXX GROUP, INC., a New York Tennessee corporation (“ParentXxxxx”), UNIFI MANUFACTURINGCANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a North Carolina California corporation (“Unifi ManufacturingFabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; Unifi Manufacturing together with Xxxxx, Candlewick and Parent Fabrica, are herein collectively called referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers” and each individually a “Borrower”), under and as defined in that certain Credit Agreement dated as of May 24September 13, 2012 2011 (as amended amended, restated, supplemented, or otherwise modified from time prior to time, collectivelythe date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO BANKCAPITAL FINANCE, N.A.LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), sole bookrunner and lead arrangerXXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing First Second Amendment to Credit Agreement dated as of December 27, 2012 among Borrowers, the Lenders party thereto and Agent Amendment to other Loan Doucments (the “Amendment”); (b) consents to the terms and execution thereof; (c) reaffirms its obligations pursuant to the terms of that certain Guaranty and Security Agreement dated as of May 24September 13, 2012 2011 executed by the undersigned in favor of the Agent and Lenders (the “Guaranty”); and (d) acknowledges that the Agent and the Lenders may amend, restate, extend, renew or otherwise modify the Credit Agreement and any indebtedness or agreement of the Borrowers, or enter into any agreement or extend additional or other credit accommodations to the Borrowers, without notifying or obtaining the consent of the undersigned and without impairing the liability of the undersigned under the Guaranty for the Borrowers’ ' present and future Obligations. SPANCO INTERNATIONALCapitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC., a North Carolina corporation ByINC.,a Tennessee corporationBy: /s/ XXXXXXX Xxx X. XXXXX Xxxxxxxx Name: Xxxxxxx Xxx X. XxXxx TitleFaulknerTitle: Vice President and Secretary UNIFI SALES & DISTRIBUTION, INC., a North Carolina corporation By- 12 AGENT AND LENDERS: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President and Secretary UNIFI EQUIPMENT LEASINGFARGO CAPITAL FINANCE, LLC, a North Carolina Delaware limited liability company, as Agent and as a LenderBy: /s/ Xxxx Xxxxxxxx Name: Xxxx ForlenzaTitle: VP BANK OF AMERICA, N.A.,a national banking association, as a LenderBy: /s/ Xxxxxx X. X. Xxxxx Name: Xxxxxx X. X. MooreTitle: Senior Vice President - 13 EXHIBIT B-1 (Form of Borrowing Base Certificate) (See Attached) [Borrowers and Agent acknowledge that the form of Borrowing Base Certificate will be again be updated as appropriate on the Fixed Asset Updated Appraisal Date] Summary Page Borrowing Base Certificate Date Name The Xxxxx Group A/R As of: Certificate # Inventory As of: The undersigned, The Xxxxx Group (“Borrower”), pursuant to that certain Credit Agreement dated as of September 13, 2011 (as amended, restated, modified, supplemented, refinanced, renewed, or extended from time to time, the “Credit Agreement”), entered into among Borrower, the lenders signatory thereto from time to time and Xxxxx Fargo Capital Finance, LLC, a Delaware limited liability company By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. XxXxx Title: Vice President as the arranger and Secretaryadministrative agent (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), hereby certifies to Agent that the following items, calculated in accordance with the terms and definitions set forth in the Credit Agreement for such items are true and correct, and that Borrower is in compliance with and, after giving effect to any currently requested Advances, will be in compliance with, the terms, conditions, and provisions of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
