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”), TDG OPERATIONS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC (“TDG”; together with Xxxxx, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, and collectively, the “Borrowers”), under and as defined in that certain Credit 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 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”), hereby (a) acknowledges receipt of the foregoing Sixth Amendment; (b) consents to the terms thereof and the execution thereof by the Borrowers; (c) reaffirms its obligations pursuant to the terms of the Guaranty Agreement, dated as of September 13, 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPAREL, INC. By: /s/ Xxx X. Xxxxxxxx Name:Xxx X. FaulknerTitle:President
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the Obligations “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”), TDG OPERATIONS, LLC, a Georgia Delaware limited liability company, formerly known as Masland Carpets, LLC company (“TDGHampshire 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 collectively, the “Borrowers”), ) under and as defined in that certain Credit Agreement, Agreement dated as of September 13October 28, 2011, 2010 (as amended by the First Amendment or modified from time to Credit Agreementtime, 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 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”), hereby (a) acknowledges receipt of the foregoing Sixth Third Amendment to Credit Agreement and Amendment to Other Loan 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 thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, 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 Each of the meanings ascribed parties hereto has caused a counterpart of this Guarantors’ Acknowledgment to such terms in be duly executed and delivered as of the Credit Agreement7th day of June, 2013. C-KNIT APPARELGUARANTORS: 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/ Xxx Xxxx X. Xxxxxxxx Xxxxxxx Name:Xxx : Xxxx X. FaulknerTitle:PresidentXxxxxxx Title: CEO MARISA XXXXXXXXX, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: CEO MARISA XXXXXXXXX, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: CEO Exhibit “A” Form of Sale Agreement
Appears in 1 contract
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the Obligations “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”), TDG OPERATIONS, LLC, a Georgia Delaware limited liability company, formerly known as Masland Carpets, LLC company (“TDGHampshire 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 collectively, the “Borrowers”), ) under and as defined in that certain Credit Agreement, Agreement dated as of September 13October 28, 2011, 2010 (as amended by the First Amendment or modified from time to Credit Agreementtime, 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 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”), hereby (a) acknowledges receipt of the foregoing Sixth First Amendment to Credit Agreement and Consent of even date herewith among Parent, the Borrowers, the Lenders and the Agent (the “Amendment”); (b) consents to the terms thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, 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 Each of the meanings ascribed parties hereto has caused a counterpart of this Guarantors’ Acknowledgment to such terms in be duly executed and delivered as of the Credit Agreement15th day of August, 2011. C-KNIT 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/ Xxx Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxx Title: 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 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 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, 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, 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: FIRST: CERTAIN DEFINITIONS. XXXXXXXX XXXXXXX XXXXXXX XXXX and XXXXXXXX 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:Xxx X. FaulknerTitle:President
Appears in 1 contract
GUARANTOR'S ACKNOWLEDGEMENT. The undersigned, each a guarantor of the Obligations “Obligations” of THE XXXXX GROUPUnifi, INC.Inc., a Tennessee New York corporation (“XxxxxParent”), CANDLEWICK YARNSand Unifi Manufacturing, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONAL, INC.Inc., a California North Carolina corporation (“Fabrica”), TDG OPERATIONS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC (“TDG”; Unifi Manufacturing” and together with XxxxxParent, Candlewick and Fabrica, are referred to hereinafter each individually as a “Borrower”, ” and collectively, the “Borrowers”), under and as defined in that certain Credit Agreement, dated as of September 13May 24, 20112012, as amended by the First Amendment to Credit Agreement, dated as of November 2December 27, 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 2012 (as so amended, restated, supplemented, or otherwise modified prior to the date hereof, the “Credit Agreement”) ), by and among the Borrowers, the lenders party thereto (the “Lenders”), XXXXX FARGO CAPITAL FINANCEand Xxxxx Fargo Bank, LLC, a Delaware limited liability companyNational Association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”), hereby (a) acknowledges receipt of the foregoing Sixth Second Amendment to Credit Agreement, dated as of June 25, 2013, by and among Borrowers, the Lenders and Agent (the “Amendment”); (b) consents to the terms thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the Guaranty and Security Agreement, dated as of September 13, 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 and Security Agreement 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 APPARELSPANCO INTERNATIONAL, INC. By: /s/ Xxx By:/S/ XXXXXXX X. Xxxxxxxx XXXXXX Name:Xxx Xxxxxxx X. FaulknerTitleXxxxxx Title:PresidentChairman and CEO UNIFI SALES & DISTRIBUTION, INC. By:/S/ XXXXXXX X. XXXXXX Name:Xxxxxxx X. Xxxxxx Title:Chairman and CEO UNIFI EQUIPMENT LEASING, LLC By:/S/ XXXXXXX X. XXXXXX Name:Xxxxxxx X. Xxxxxx Title:Chairman and CEO 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 “Obligations” of THE XXXXX GROUPUNIFI, INC., a Tennessee New York corporation (“XxxxxParent”), CANDLEWICK YARNS, LLC, an Alabama limited liability company (“Candlewick”), FABRICA INTERNATIONALUNIFI MANUFACTURING, INC., a California North Carolina corporation (“Fabrica”), TDG OPERATIONS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC (“TDGUnifi Manufacturing”; together with Xxxxx, Candlewick Unifi Manufacturing and Fabrica, Parent are referred to hereinafter herein collectively called the “Borrowers” and each individually as a “Borrower”, and collectively, the “Borrowers”), under and as defined in that certain Credit 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, Agreement dated as of May 2224, 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 2012 (as amendedamended or modified from time to time, restated, supplemented, or otherwise modified prior to the date hereofcollectively, the “Credit Agreement”) among the Borrowers, the lenders party thereto (the “Lenders”), and XXXXX FARGO CAPITAL FINANCEBANK, LLC, a Delaware limited liability companyN.A., 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 Sixth 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 thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, and Security Agreement dated as of September 13May 24, 2011, 2012 executed 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. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement. C-KNIT APPARELSPANCO INTERNATIONAL, INC. ., a North Carolina corporation By: /s/ Xxx XXXXXXX X. Xxxxxxxx XXXXX Name:Xxx : Xxxxxxx X. FaulknerTitle:PresidentXxXxx 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, 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”), TDG OPERATIONSMASLAND CARPETS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC company (“TDGMasland”; 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, 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 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 Sixth Third Amendment to Credit Agreement (the “Amendment”); (b) consents to the terms thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, Agreement dated as of September 13, 2011, 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. ByINC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name:FaulknerName: Xxx X. FaulknerTitle:: President
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”), TDG OPERATIONSMASLAND CARPETS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC company (“TDGMasland”; 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, 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 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 Sixth Second Amendment to Credit Agreement and Amendment to other Loan Doucments (the “Amendment”); (b) consents to the terms thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, Agreement dated as of September 13, 2011, 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. ByINC.,a Tennessee corporationBy: /s/ Xxx X. Xxxxxxxx Name:: Xxx X. FaulknerTitle:President: 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 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 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”), TDG OPERATIONSMASLAND CARPETS, LLC, a Georgia limited liability company, formerly known as Masland Carpets, LLC company (“TDGMasland”; 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, 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 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”), hereby (a) acknowledges receipt of the foregoing Sixth First Amendment Credit Agreement (the “Amendment”); (b) consents to the terms thereof and the execution thereof by the Borrowersthereof; (c) reaffirms its obligations pursuant to the terms of the that certain Guaranty Agreement, Agreement dated as of September 13, 2011, 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. By: /s/ Xxx X. Xxxxxxxx Name:Xxx X. FaulknerTitle:President.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
