GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement dated as of September 13, 2011 (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and 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 Agreement dated as of September 13, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement dated as of September 13, 2011 (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO CAPITAL FINANCEBANK, LLCN.A., a Delaware limited liability companynational banking association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second First Amendment to Credit Agreement and 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 Agreement dated as of September 13, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of THE XXXXX GROUPHAMPSHIRE BRANDS, INC.. (f/k/a Hampshire Designers, Inc.), a Tennessee Delaware corporation (“XxxxxHampshire Brands”), CANDLEWICK YARNSHAMPSHIRE SUB II, INC. (f/k/a Item-Eyes, Inc.), a Delaware corporation (“Hampshire Sub II”), XXXXX XXXXX, LLC, an Alabama a Delaware limited liability company (“CandlewickXxxxx Xxxxx”), FABRICA and HAMPSHIRE INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETS, LLC, a Georgia Delaware limited liability company (“MaslandHampshire International”; together with XxxxxHampshire Brands, Candlewick Hampshire Sub II, Xxxxx Xxxxx and FabricaHampshire International are herein collectively called the “Borrowers” and each individually, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), ) under and as defined in that certain Credit Agreement dated as of September 13October 28, 2011 2010 (as amendedamended or modified from time to time, restated, supplemented, or otherwise modified prior to the date hereofcollectively, the “Credit Agreement”) among HAMPSHIRE GROUP, LIMITED, a Delaware corporation (“Parent”), the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second First Amendment to Credit Agreement and Amendment to other Loan Doucments Consent of even date herewith among Parent, the Borrowers, the Lenders 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 Agreement dated as of September 13October 28, 2011 2010 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, 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. Capitalized terms used but not otherwise defined herein Each 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 Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chairman MARISA XXXXXXXXX APPAREL, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chairman 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 Notary 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 have be referred to as the meanings ascribed to such terms Seller, and the second acts as Special Representative of the entity organized in the Credit Agreement. C-KNIT APPARELState of Delaware, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCEUnited States of America by the name of HAMPSHIRE INTERNATIONAL, LLC, a Delaware 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, as Agent and as a LenderBy: /s/ Xxxx Xxxxxxxx Name: Xxxx ForlenzaTitle: VP BANK OF AMERICArespectively, N.A.,a national banking associationthey represent have agreed to execute, as they in fact hereby execute, a LenderBy: /s/ Xxxxxx X. X. Xxxxx Name: Xxxxxx X. X. MooreTitle: Senior Vice President - 13 [Borrowers and Agent acknowledge that the form of Borrowing Base Certificate RECEIVABLES PURCHASE AGREEMENT, which will be again be updated as appropriate on the Fixed Asset Updated Appraisal Date] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative agent (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), hereby certifies to Agent that governed by the following items, calculated clauses: FIRST: CERTAIN DEFINITIONS. XXXXXXXX XXXXXXX XXXXXXX XXXX and XXXXXXXX XXXX XXXXXXX XXXXXXXXX; in accordance with the terms condition they appear; state they have agreed that for the purposes of this document the use following denominations and definitions as 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.forth:
Appears in 1 contract
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” Obligations of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETSTDG OPERATIONS, LLC, a Georgia limited liability company company, formerly known as Masland Carpets, LLC (“MaslandTDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement Agreement, dated as of September 13, 2011 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 22, 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, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and Amendment to other Loan Doucments (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 Agreement Agreement, dated as of September 13, 2011 executed 2011, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” Obligations of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETSTDG OPERATIONS, LLC, a Georgia limited liability company company, formerly known as Masland Carpets, LLC (“MaslandTDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement Agreement, dated as of September 13, 2011 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 22, 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, the Sixth Amendment to Credit Agreement dated as of August 30, 2013, the Seventh Amendment to Credit Agreement dated as of January 20, 2014, the Eighth Amendment to Credit Agreement dated as of March 14, 2014, the Ninth Amendment to Credit Agreement (the “Ninth Amendment”), dated as of the date hereof (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and Amendment to other Loan Doucments (the “Ninth 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 Agreement Agreement, dated as of September 13, 2011 executed 2011, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” Obligations of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETSTDG OPERATIONS, LLC, a Georgia limited liability company company, formerly known as Masland Carpets, LLC (“MaslandTDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement Agreement, dated as of September 13, 2011 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 22, 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, the Sixth Amendment to Credit Agreement dated as of August 30, 2013, the Seventh Amendment to Credit Agreement dated as of January 20, 2014, the Eighth Amendment to Credit Agreement dated as of March 14, 2014, the Ninth Amendment to Credit Agreement dated as of March 26, 2014, the Tenth Amendment to Credit Agreement, First Amendment to Security Agreement, and First Amendment to Guaranty dated as of September 23, 2016, and the Consent and Eleventh Amendment to Credit Agreement (the “Eleventh Amendment”) dated as of the date hereof (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and Amendment to other Loan Doucments (the “Eleventh 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 Agreement Agreement, dated as of September 13, 2011 executed 2011, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the “Obligations” of THE XXXXX GROUPHAMPSHIRE BRANDS, INC.. (f/k/a Hampshire Designers, Inc.), a Tennessee Delaware corporation (“XxxxxHampshire Brands”), CANDLEWICK YARNSHAMPSHIRE SUB II, INC. (f/k/a Item-Eyes, Inc.), a Delaware corporation (“Hampshire Sub II”), XXXXX XXXXX, LLC, an Alabama a Delaware limited liability company (“CandlewickXxxxx Xxxxx”), FABRICA and HAMPSHIRE INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETS, LLC, a Georgia Delaware limited liability company (“MaslandHampshire International”; together with XxxxxHampshire Brands, Candlewick Hampshire Sub II, Xxxxx Xxxxx and FabricaHampshire International are herein collectively called the “Borrowers” and each individually, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), ) under and as defined in that certain Credit Agreement dated as of September 13October 28, 2011 2010 (as amendedamended or modified from time to time, restated, supplemented, or otherwise modified prior to the date hereofcollectively, the “Credit Agreement”) among HAMPSHIRE GROUP, LIMITED, a Delaware corporation (“Parent”), the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Third Amendment to Credit Agreement and Amendment to other Other Loan Doucments Documents and Consent and Waiver of even date herewith among Parent, the Borrowers, the Lenders 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 Agreement dated as of September 13October 28, 2011 2010 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, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” Obligations of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETSTDG OPERATIONS, LLC, a Georgia limited liability company company, formerly known as Masland Carpets, LLC (“MaslandTDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement Agreement, dated as of September 13, 2011 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 22, 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, the Sixth Amendment to Credit Agreement dated as of August 30, 2013, the Seventh Amendment to Credit Agreement dated as of January 20, 2014, and the Eighth Amendment (the “Eighth Amendment”), dated as of the date hereof (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and Amendment to other Loan Doucments (the “Eighth 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 Agreement Agreement, dated as of September 13, 2011 executed 2011, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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.
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Samples: Credit Agreement (Dixie Group Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETS, LLC, a Georgia limited liability company (“Masland”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement dated as of September 13, 2011 (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Third Amendment to Credit Agreement and 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 Agreement dated as of September 13, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, a guarantor of the “Obligations” Obligations of THE XXXXX GROUP, INC., a Tennessee corporation (“Xxxxx”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC., a California corporation (“Fabrica”), MASLAND CARPETSTDG OPERATIONS, LLC, a Georgia limited liability company company, formerly known as Masland Carpets, LLC (“MaslandTDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), under and as defined in that certain Credit Agreement dated as of September 13, 2011 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 22, 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, the Sixth Amendment to Credit Agreement dated as of August 30, 2013, and the Seventh Amendment to Credit Agreement (the “Seventh Amendment”), dated as of the date hereof (as amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCE, 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”), and XXXXX FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as arranger and book runner, hereby (a) acknowledges receipt of the foregoing Second Amendment to Credit Agreement and Amendment to other Loan Doucments (the “Seventh 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 Agreement dated as of September 13, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name: Xxx X. FaulknerTitle: President - 12 AGENT AND LENDERS: XXXXX FARGO CAPITAL FINANCE, LLC, a 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 [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] Date Name The Xxxxx Group A/R As of: Certificate # 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 as the arranger and administrative 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)