Appears in 3 contracts

Samples: Credit Agreement (Magnum Hunter Resources Corp), Credit Agreement (Magnum Hunter Resources Corp), Credit Agreement (Magnum Hunter Resources Corp)

Appears in 2 contracts

Samples: Amendment Agreement (Jamf Holding Corp.), Amendment Agreement (Juno Topco, Inc.)

Guarantors. ~~PRC WILLISTON, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ WHEELS UP PARTNERS HOLDINGS LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx~~ Xxxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member~~ WHEELS UP PARTNERS LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx~~ Xxxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ CIRCADIAN AVIATION LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx~~ Xxxxx Title: Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTERMOUNTAIN AVIATION, LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION~~Xxxxx Title: Chief Financial Officer STERLING AVIATION, ~~a corporation existing under the laws of the Province of Alberta~~ LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Vice President MHR EXCHANGECO CORPORATION~~Xxxxx Title: Chief Financial Officer TRAVEL MANAGEMENT COMPANY, ~~a corporation existing under the laws of the Province of Alberta~~ LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta~~ Xxxxx Title: Chief Financial Officer WHEELS UP PRIVATE JETS LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Executive Vice President and~~ Xxxxx Title: Chief Financial Officer ~~WILLISTON HUNTER INC., a Delaware corporation~~ AIR PARTNER LLC By: /s/ MXXX XXXXXX Name: Mxxx Xxxxxx Title: President KXXXXX INTERNATIONAL EMERGENCY SERVICES LLC By: /s/ MXXX XXXXXX Name: Mxxx Xxxxxx Title: President APEX AP MIDCO INC. By: /s/ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Executive Vice President~~ Xxxxx Title: Director and Authorized Signatory APEX KENYON MIDCO INC. By: /s/ TXXX X. XXXXX Name: Txxx X. Xxxxx Title: Director and Authorized Signatory AVIANIS SYSTEMS LLC By: /s/ TXXX X. XXXXX Name: Txxx X. Xxxxx Title: Chief Financial Officer ~~WILLISTON HUNTER ND, LLC, a Delaware limited liability company~~ CINCINNATI AVIATION SERVICES LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company~~ Xxxxx Title: Chief Financial Officer HIRE UP TALENT SERVICES LLC By: /s/ ~~Xxxxxx~~ TXXX X. ~~Xxxxxx Xxxxxx~~ XXXXX Name: Txxx X. ~~Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~Xxxxx Title: Chief Financial Officer TWC AVIATION SERVICES, ~~LLC, a Delaware limited liability company~~ LLC By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company~~ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer TMC UP HOLDINGS LLC By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~LXXXX XXXXXXXXX Name: ~~BANK OF MONTREAL~~ Lxxxx Xxxxxxxxx Title: Chief Legal Officer TRAVEL MANAGEMENT COMPANY INTERMEDIATE HOLDINGS, LLC By: /s/ ~~Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer TRAVEL MANAGEMENT COMPANY INTERMEDIATE HOLDINGS II, LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer TRAVEL MANAGEMENT COMPANY HOLDINGS, LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer AIRCRAFT HOLDING COMPANY ONE, LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer AIRCRAFT CHARTER COMPANY TWO, LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer AIRCRAFT CHARTER COMPANY THREE, LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer WHEELS UP BLOCKER SUB LLC By: /s/ LXXXX XXXXXXXXX Name: Lxxxx Xxxxxxxxx Title: Chief Legal Officer and Secretary WHEELS UP MIP LLC By: /s/ TXXX X. XXXXX Name: Txxx X. Xxxxx Title: Chief Financial Officer WHEELS UP MIP RI LLC By: /s/ TXXX X. XXXXX Name: Txxx X. Xxxxx Title: Chief Financial Officer WHEELS UP TOA HOLDINGS LLC By: /s/ TXXX X. XXXXX Name: Txxx X. Xxxxx Title: Chief Financial Officer

Appears in 2 contracts

Samples: Secured Promissory Note (Wheels Up Experience Inc.), Secured Promissory Note (Wheels Up Experience Inc.)

Guarantors. ~~PRC WILLISTON~~Each Guarantor who has signed a signature page hereto agrees to be bound by the provisions of Sections 4 and 5 hereof as if such Guarantor were the Company for purposes of such Sections. If the foregoing is in accordance with your understanding, ~~LLC~~please sign and return to us six counterparts hereof, and upon the acceptance hereof by you, this letter and such acceptance hereof shall constitute a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation~~binding agreement between each of the Lenders, ~~its sole member~~ the Company and, to the extent set forth in Section 8(j), the Guarantors. Very truly yours, THE SERVICEMASTER COMPANY By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP~~INSTAR SERVICES GROUP, ~~a Delaware limited partnership~~ INC. By: ~~Magnum Hunter Resources GP~~/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx X. XxXxxxxx Name: Xxxxxxxx X. XxXxxxxx Title: Senior Vice President INSTAR SERVICES GROUP, L.P. By: INSTARSERVICES MANAGEMENT, LLC, its general partner By: ~~Magnum Hunter Resources Corporation~~/s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx X. XxXxxxxx Name: Xxxxxxxx X. XxXxxxxx Title: Senior Vice President INSTAR SERVICES HOLDINGS, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx X. XxXxxxxx Name: Xxxxxxxx X. XxXxxxxx Title: Senior Vice President INSTAR SERVICES MANAGEMENT, LLC By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx X. XxXxxxxx Name: Xxxxxxxx X. XxXxxxxx Title: Senior Vice President MERRY MAIDS LIMITED PARTNERSHIP By: MM MAIDS L.L.C., its ~~sole member~~ general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company~~ Title: Senior Vice President By: ~~Magnum Hunter Resources Corporation, its sole member~~ /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President MM MAIDS L.L.C. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Chief Financial Officer TRIAD HUNTER~~Title: Senior Vice President By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SERVICEMASTER CONSUMER SERVICES, ~~LLC, a Delaware limited liability company~~ INC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President ~~EAGLE FORD HUNTER~~By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP By: SERVICEMASTER CONSUMER SERVICES, INC., ~~a Colorado corporation~~ its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation~~ Title: Senior Vice President By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SERVICEMASTER HOLDING CORPORATION By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Chief Financial Officer NGAS HUNTER, LLC~~ Title: Senior Vice President By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SERVICEMASTER MANAGEMENT CORPORATION By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President ~~and Treasurer MHR CALLCO CORPORATION~~By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SERVICEMASTER RESIDENTIAL/COMMERCIAL SERVICES LIMITED PARTNERSHIP By: SM CLEAN L.L.C., ~~a corporation existing under the laws of the Province of Alberta~~ its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President ~~MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta~~ By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SM CLEAN L.L.C. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President ~~WILLISTON HUNTER CANADA~~By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President TERMINIX INTERNATIONAL, INC~~., a corporation existing under the laws of the Province of Alberta~~ . By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~and Chief Financial Officer WILLISTON HUNTER~~ By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP By: TERMINIX INTERNATIONAL, INC., ~~a Delaware corporation~~ its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company~~ By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President TRUGREEN COMPANIES L.L.C. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President ~~and Treasurer XXXXXX XXXXXX~~By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President TRUGREEN, ~~LLC, a Delaware limited liability company~~ INC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company~~ By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President TRUGREEN LANDCARE L.L.C. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President TRUGREEN LIMITED PARTNERSHIP By: TRUGREEN, INC., ~~a Delaware limited liability company~~ its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL~~ By: /s/ Xxxxxxxx X. XxXxxxxx Name: Xxxxxxxx X. XxXxxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A. As Administrative Agent for the Lenders By: /s/ Xxxx X. Xxxxxx ~~Xxxxxxxx~~ Name: Xxxx X. Xxxxxx ~~Xxxxxxxx Director~~Title: Managing Director On behalf of each of the Lenders Exhibit A The ServiceMaster Company INSTRUCTION TO DTC PARTICIPANTS (Date of Mailing) URGENT - IMMEDIATE ATTENTION REQUESTED DEADLINE FOR RESPONSE: [DATE](1) The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in The ServiceMaster Company (the “Company”) 10.75%/11.50% Senior Toggle Notes due 2015 (the “Securities”) are held. The Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact The ServiceMaster Company, 000 Xxxxx Xxxx Xxxxxxxxx, Xxxxxxx, XX 00000.

Appears in 1 contract

Samples: Servicemaster Co

Appears in 1 contract

Samples: Credit Agreement and Limited Consent (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~A.B. OF SAYVILLE, ~~LLC~~LTD. ALBERTA INVESTMENTS, ~~a Delaware limited liability company~~ INC. AMERICAN CONCRETE PRODUCTS, INC. ATLAS REDI-MIX, LLC XXXXX CONCRETE ENTERPRISES, LLC BSLH REALTY CORP. CUSTOM-CRETE REDI-MIX, LLC HAMBURG QUARRY LIMITED LIABILITY COMPANY MASTER MIX CONCRETE, LLC XXXXXX PLACE DEVELOPMENT, LLC MLFF REALTY CORP. NYC CONCRETE MATERIALS, LLC PREMCO ORGANIZATION, INC. REDI-MIX CONCRETE, L.P. REDI-MIX GP, LLC (for itself and for Redi-Mix Concrete, L.P.) SIERRA PRECAST, INC. TITAN CONCRETE INDUSTRIES, INC. USC ATLANTIC, INC. USC MANAGEMENT CO., LLC USC – NEW YORK PAYROLL, LLC USC PAYROLL, INC. WMC IP, INC. By: ~~Magnum Hunter Resources Corporation, its sole member By~~/s/Xxxx X. Xxxxx Name: ~~/s/ Xxxxxx~~ Xxxx X. ~~Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By~~Xxxxx Title: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President ~~EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ and Secretary ~~MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER~~YARDARM, LLC By: /s/ ~~Xxxxxx~~ Xxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxx X. ~~Xxxxxx~~ Xxxxx Title: Secretary OUTRIGGER, LLC By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Secretary WMC OP, LLC By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President and ~~Treasurer MHR CALLCO CORPORATION~~Secretary Address for Borrowers’ Agent and each Guarantor: 000 Xxxxx Xxxx Xxxxxx Xxxxxx, Xxxxx 00000 Attn: General Counsel Telecopy: (000) 000-0000 [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] AGENT AND LENDERS: BANK OF AMERICA, N.A., as Agent, Sole Lead Arranger and a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ Tanner J. Pump Name: Tanner J. Pump Title: Senior Vice President Address: 000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxx XX 1-492-11-23 Xxxxxx, Xxxxx 00000 Attn: Loan Administration Manager (U.S. Concrete) Telecopy: 000-000-0000 [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Address: 0000 Xxxx Xxx, Floor 03 Dallas, TX 75201 Attn: Xxxx Xxxxxx Telecopy: 000-000-0000 [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] MUFG UNION BANK, N.A., as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx X. Title: Director Address: 000 Xxxxx Xxxxxxxx Xxxxxx ~~Vice President MHR EXCHANGECO CORPORATION~~14th Floor Los Angeles, CA 90071 Attn: Xxxxxx Xxxxxx Telecopy: 000-000-0000 [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] BNP PARIBAS, as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta~~ Guelay Mese Name: Guelay Mese Title: Director By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Xxxx XxXxxxxxx Name: Xxxx XxXxxxxxx Title: Vice President ~~and Chief Financial Officer WILLISTON HUNTER INC.~~Address: 000 0xx Xxxxxx Xxx Xxxx, XX 00000 Attn: Loan Servicing Department Telecopy: xx.xxx_xx_xxxx_xxxx@xx.xxxxxxxxxx.xxx [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] CITIBANK, N.A., as a ~~Delaware corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory Address: 000 Xxxxxxxxx Xxxxxx, ~~LLC~~00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxxx Josehpite Telecopy: __________________ [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] BMO XXXXXX BANK N.A., as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~Xxx Xxxxx Name: Xxx Xxxxx Title: Director Address: 000 Xxxxxxxx Xx 0xx Xxxxx Xxxxxx, ~~LLC~~XX 00000 Attn: Xxx Xxxxx Telecopy: 000-000-0000 [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] CAPITAL ONE, NATIONAL ASSOCIATION, as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~Julianne Low Name: Julianne Low Title: Senior Director Address: 0000 Xxxx Xxxxxxx Road Melville, ~~LLC, a Delaware limited liability company By~~NY Attn: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ Julianne Low Telecopy: xxxxxxxx.xxx@xxxxxxxxxx.xxx [SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT] SCHEDULE 1.1 to Fourth Amended and ~~Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By~~Restated Loan and Security Agreement COMMITMENTS OF LENDERS Commitments of Lenders as of the Closing Date: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER:~~ Lender Revolver Commitment BANK OF ~~MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~AMERICA, N.A. $ 60,000,000.00 JPMORGAN CHASE BANK, N.A. $ 55,000,000.00 MUFG UNION BANK, N.A. $ 55,000,000.00 BNP PARIBAS $ 55,000,000.00 CITIBANK, N.A. $ 25,000,000.00 BMO XXXXXX BANK N.A. $ 25,000,000.00 CAPITAL ONE, NATIONAL ASSOCIATION $ 25,000,000.00

Appears in 1 contract

Samples: Loan and Security Agreement (U.S. Concrete, Inc.)

Guarantors. ~~PRC WILLISTON, LLC, a Delaware limited liability company~~ SPH GROUP LLC By: ~~Magnum Hunter Resources~~ Steel Partners Holdings GP Inc., its Managing Member By: /s/ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Senior Vice President & Chief Financial Officer STEEL PARTNERS HOLDINGS L.P. By: Steel Partners Holdings GP Inc., its General Partner By: /s/ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Senior Vice President & Chief Financial Officer STEEL SERVICES LTD. By: /s/ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Senior Vice President & Chief Financial Officer WEBFINANCIAL HOLDING LLC By: WebFinancial Holding Corporation, its ~~sole member~~ Managing Member By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member~~ STEEL SERVICES LTD. By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Senior Vice President & Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP~~1000 XXXXXXX XXXXXX, ~~LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ LLC WEBBANK HOLDING CORP. WEBFINANCIAL HOLDING CORPORATION By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Chief Financial Officer ~~TRIAD HUNTER~~500 XXXXX XXXX XXXX LLC BAIRNCO, ~~LLC~~LLC BASEBALL HEAVEN INC. BASIN WELL LOGGING WIRELINE SERVICE INC. BLACK HAWK ENERGY SERVICES LTD. DGTH LLC DUNMORE INTERNATIONAL CORP. HANDY & HXXXXX HANDY & HXXXXX ELECTRONIC MATERIALS CORPORATION HANDY & HXXXXX GROUP LTD. HANDY & HXXXXX INTERNATIONAL, ~~a Delaware limited liability company~~ LTD. HANDY & HXXXXX TUBE COMPANY, INC. HANDYTUBE CORPORATION INDIANA TUBE CORPORATION JPS COMPOSITE MATERIALS CORP. JPS INDUSTRIES HOLDINGS LLC KASCO, LLC LXXXX-XXXXXXXX, INC. LXXXX-XXXXXXXX WARWICK LLC MEX HOLDINGS LLC MTE CORPORATION OMG, INC. OMNI TECHNOLOGIES CORPORATION OF DANVILLE ROGUE PRESSURE SERVICES LTD. SL DELAWARE HOLDINGS, INC. SL INDUSTRIES, INC. SL MONTEVIDEO TECHNOLOGY, INC. SL POWER ELECTRONICS CORPORATION SLMTI DS LLC STEEL ENERGY SERVICES LTD. STEEL SPORTS INC. SUN WELL SERVICE, INC. U.K. ELITE SOCCER, INC. WHX CS CORP. By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Senior Vice President ~~EAGLE FORD HUNTER~~PNC BANK, ~~INC.~~NATIONAL ASSOCIATION, as Administrative Agent, Issuing Lender and a ~~Colorado corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Bxxxx Xxxxx Name: Bxxxx Xxxxx Title: Senior Vice President Signature Page to Amended and Restated Credit Agreement CITIZENS BANK, N.A., as a ~~Kentucky corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER~~Jxxxx Xxxxx Name: Jxxxx Xxxxx Title: SVP WXXXX FARGO BANK, ~~LLC~~ NATIONAL ASSOCIATION, as a Lender By: /s/ ~~Xxxxxx~~ Mxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Mxxxxxx X. ~~Xxxxxx~~ Xxxxx Title: Senior Vice President ~~and Treasurer MHR CALLCO CORPORATION~~TD BANK, N.A. , as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx~~ Jxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Jxxx X. ~~Xxxxxx Vice President MHR EXCHANGECO CORPORATION~~Xxxxxxx Title: Senior Relationship Manager Signature Page to Amended and Restated Credit Agreement FIFTH THIRD BANK, NATIONAL ASSOCIATION, as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA~~Sxxxx Xxxxxxx Name: Sxxxx Xxxxxxx Title: Executive Director Signature Page to Amended and Restated Credit Agreement KEYBANK NATIONAL ASSOCIATION, ~~INC.,~~ as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Mxxx Xxxxx Name: Mxxx Xxxxx Title: Senior Vice President Signature Page to Amended and ~~Chief Financial Officer WILLISTON HUNTER INC~~Restated Credit Agreement MUFG BANK, LTD., as a ~~Delaware corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ Gxxxxx Xxxxxxxxxx Name: Gxxxxx Xxxxxxxxxx Title: Managing Director Signature Page to Amended and ~~Chief Financial Officer WILLISTON HUNTER ND~~Restated Credit Agreement SANTANDER BANK, ~~LLC~~N.A., as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President~~ Ixx Xxx Name: Ixx Xxx Title: Managing Director Signature Page to Amended and ~~Treasurer XXXXXX XXXXXX~~Restated Credit Agreement HSBC BANK USA, ~~LLC~~NATIONAL ASSOCIATION, as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~Dxxxxx Xxxxx Name: Dxxxxx Xxxxx Title: VP, ~~LLC~~Senior Credit Manager Signature Page to Amended and Restated Credit Agreement U.S. BANK NATIONAL ASSOCIATION, as a ~~Delaware limited liability company~~ Lender By: /s/ Axxxxx Xxxxxx X. Name: Axxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive~~ Title: Senior Vice President Signature Page to Amended and ~~Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Restated Credit Agreement PEOPLE'S UNITED BANK N.A., ~~INC.,~~ as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Jxxxx Xxxxx Name: Jxxxx Xxxxx Title: Senior Vice President Signature Page to Amended and ~~Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Restated Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Steel Partners Holdings L.P.)

Guarantors. ~~PRC WILLISTON, LLC~~XXXXX OF XXXX L.P., a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware~~ Texas limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLCXXXXX OF XXXX NEVADA CORPORATION, a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation~~Nevada corporation, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC~~General Partner XXXXX OF XXXX LIMITED, a ~~Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~Barbados corporation HOT NEVADA, INC., a ~~Colorado~~ Nevada corporation XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation XXXXX OF XXXX TEXAS CORPORATION, a Texas corporation XXXXXX LABS LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner OXO INTERNATIONAL LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner PUR WATER PURIFICATION PRODUCTS, INC., a Nevada corporation By: /s/ ~~Xxxxxx~~ Xxxxx Grass Xxxxx Grass Title for all: Chief Financial Officer XXXXX OF XXXX MACAO COMMERCIAL OFFSHORE LIMITED, a Macau corporation By: /s/ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION~~ Director KAZ, INC., a ~~Kentucky~~ New York corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER KAZ CANADA, INC., a Massachusetts corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.KAZ USA, INC., a ~~Delaware limited liability~~ Massachusetts corporation By: /s/ Xxxxx Grass Xxxxx Grass Title for all: Chief Financial Officer XXXXX OF XXXX LIMITED, a Bermuda company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~Xxxxx Grass Xxxxx Grass Chief Financial Officer GUARANTIED PARTY: BANK OF ~~MONTREAL~~ AMERICA, N.A., as Guarantied Party By: /s/ ~~Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: SVP

Appears in 1 contract

Samples: Guaranty Agreement (Helen of Troy LTD)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~AXXXXXX EDUCATION, ~~LLC~~INC. CAREER CXXXXXX, ~~a Delaware limited liability company By: Magnum Hunter Resources Corporation~~XXX. CDI EDUCATION USA, ~~its sole member~~ INC. CORINTHIAN PROPERTY GROUP, INC. CORINTHIAN SCHOOLS, INC. ECAT ACQUISITION, INC. ETON EDUCATION, INC. FLORIDA METROPOLITAN UNIVERSITY, INC. GRAND RAPIDS EDUCATIONAL CENTER, INC. HXXXX CAPITAL, LLC HXXXX EDUCATION, LLC HXXXX REAL ESTATE, LLC MJB ACQUISITION CORPORATION PEGASUS EDUCATION, INC. RXXXXX BUSINESS GROUP, INC. RXXXXX COLLEGES, INC. SD III-B HXXXX HOLDINGS CORP. SEQUOIA EDUCATION, INC. SOCLE EDUCATION, INC. SP PE VII-B HXXXX HOLDINGS CORP. TITAN SCHOOLS, INC. By: /s/ ~~Xxxxxx~~ Rxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxx Name: Rxxxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~Xxxx Title: EVP, ~~a Delaware limited partnership By: Magnum Hunter Resources GP~~CFO, ~~LLC~~Treasurer and Assistant Secretary EVEREST COLLEGE PHOENIX, ~~its general partner By: Magnum Hunter Resources Corporation, its sole member~~ INC. By: /s/ ~~Xxxxxx~~ Rxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxx Name: Rxxxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~Xxxx Title: EVP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTERCFO and Treasurer HXXXX COLLEGE, LLC By: /s/ ~~Xxxxxx~~ Rxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxx Name: Rxxxxx X. ~~Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta~~ Xxxx Title: CAO Forbearance Agreement QUICKSTART INTELLIGENCE CORPORATION By: /s/ ~~Xxxxxx~~ Rxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxx Name: Rxxxxx X. ~~Xxxxxx Vice President MHR EXCHANGECO CORPORATION~~Xxxx Title: EVP and Treasurer Forbearance Agreement BANK OF AMERICA, ~~a corporation existing under the laws of the Province of Alberta~~ N.A., as Domestic Administrative Agent By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Anthea Del Bxxxxx Name: Anthea Del Bxxxxx Title: Vice President ~~WILLISTON HUNTER CANADA~~Forbearance Agreement BANK OF AMERICA, ~~INC.~~N.A., ~~a corporation existing under the laws of the Province of Alberta~~ acting through its Canada Branch, as Canadian Administrative Agent By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Mxxxxx Sales dx Xxxxxxx Name: Mxxxxx Sales dx Xxxxxxx Title: Vice President ~~and Chief Financial Officer WILLISTON HUNTER INC.~~Forbearance Agreement BANK OF AMERICA, N.A., as a ~~Delaware corporation~~ Domestic Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Jxxxx Xxxxxxx Name: Jxxxx Xxxxxxx Title: Senior Vice President ~~and Chief Financial Officer WILLISTON HUNTER ND~~Forbearance Agreement BANK OF AMERICA, ~~LLC~~N.A., acting through its Canada Branch, as a ~~Delaware limited liability company~~ Canadian Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Mxxxxx Sales dx Xxxxxxx Name: Mxxxxx Sales dx Xxxxxxx Title: Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorForbearance Agreement

Appears in 1 contract

Samples: Forbearance Agreement (Corinthian Colleges Inc)

Guarantors. ~~PRC WILLISTON~~CASUAL MALE XXX, LLC, as a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP~~& Treasurer CAPTURE, LLC, ~~its general partner By: Magnum Hunter Resources Corporation, its sole member~~ as a Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP~~& Treasurer CASUAL MALE STORE, LLC, as a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~TRIAD HUNTER~~& Treasurer CASUAL MALE RETAIL STORE, LLC, as a ~~Delaware limited liability company~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice ~~President EAGLE FORD HUNTER~~President, Chief Financial Officer & Treasurer CASUAL MALE DIRECT, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer THINK BIG PRODUCTS LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMRG HOLDCO, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer DXLG WHOLESALE, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMRG APPAREL MANAGEMENT, INC., as a ~~Colorado corporation~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMXL APPAREL, LP, as a ~~Kentucky corporation~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~NGAS HUNTER~~& Treasurer CASUAL MALE (EUROPE), ~~LLC~~ LLC, as a Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice ~~President and~~ President, Chief Financial Officer & Treasurer ~~MHR CALLCO CORPORATION~~CASUAL MALE XXX (U.K.) LLC, ~~a corporation existing under the laws of the Province of Alberta~~ as an Immaterial Subsidiary By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice ~~President MHR EXCHANGECO CORPORATION~~President, ~~a corporation existing under the laws of the Province of Alberta~~ Chief Financial Officer & Treasurer AGENT: BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND AS COLLATERAL AGENT By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Senior Vice President ~~WILLISTON HUNTER CANADA~~LENDERS: BANK OF AMERICA, ~~INC.~~N.A., ~~a corporation existing under the laws of the Province of Alberta~~ AS A REVOLVING LENDER, A FILO LENDER, L/C ISSUER AND SWING LINE LENDER By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Senior Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Revolving Lender and ~~Chief Financial Officer WILLISTON HUNTER INC.,~~ a ~~Delaware corporation~~ FILO Lender By: /s/ Xxxxxxx Xxxxxx X. Name: Xxxxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~Title: Authorized Signatory CITIZENS BANK, ~~LLC~~N.A., as a ~~Delaware limited liability company~~ Revolving Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Madison Xxxxx Name: Madison Xxxxx Title: Assistant Vice President ANNEX A Exhibit F to Credit Agreement Form of Borrowing Base Certificate See attached. Annex A Destination XL Group, Inc. Revolver Borrowing Base Certificate Email to: Xxxxx Xx Certificate No. [ ] Certificate Date At Cost Beginning Inventory as of: Add: Receiving/ Purchases Add: Purchase Accrual (ASN) Add: Reverse ASN Accrual Add: Freight Less: Net Sales @ Retail (memo only) Less: Cost of Goods Sold @ Cost Total Adds/ (Reductions) At Cost Ending Inventory as of: $ - Less: Shrinkage at Cost Less: RTV Inventory Eligible Inventory - NOLV (101.91% Dec 16-EOM Sept/102.77% Oct-Dec 15) Advance Rate 90.0 % Total Inventory Availability $ - Eligible LC Inventory NOLV Advance Rate 85.0 % Total LC Inventory Availability $ - In-Transit Inventory Less: Ineligibles (>45 days from shipment) - Eligible In-Transit Inventory - NOLV Advance Rate 80.0 % Total In-Transit Inventory Availability $ - Eligible Credit Card Receivables as of: Advance Rate 90.0 % Credit Card Receivables Availability $ - Eligible Amazon Receivables as of: Advance Rate 85.0 % Amazon Receivables Availability (Capped at $8 million) $ - Total Collateral Revolver Availability $ - Availability Reserves: Less Landlord Reserve: 2 months: PA, VA and ~~Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By~~Wash. Less Gift Certificate Merchandise Credits 50% - Customer Deposits (TCM& Rochester) 100% - FILO Pushdown Reserve Total Availability Reserves $ - Revolver Availability (uncapped) $ - Maximum Revolver Availability ($125MM) $ - AVAILABILITY CALCULATION Beginning Principal Balance (revolver) ADD: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By~~Prior days advance ADD: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ Interest / Fees charged today LESS: Prior day's paydown Ending principal balance (revolver) ADD: Outstanding Letters of Credit Annex A Total loan balance and ~~Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By~~L/Cs prior to request Excess Availability prior to today's request ADVANCE REQUEST $ - PAY DOWN $ - Excess Revolver Availability ! $ - Covenant Compliance Event - Total Availability (after today's request) >= to the greater of: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Minimum Required Total Revolver Availability

Appears in 1 contract

Samples: Credit Agreement (Destination Xl Group, Inc.)

Guarantors. ~~PRC WILLISTON~~TILE SHOP HOLDINGS, ~~LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ INC. By: /s/ ~~Xxxxxx~~ Txxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Txxxxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By~~Xxxxxxx Title: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER& CFO ILTS, LLC By: /s/ ~~Xxxxxx~~ Txxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Txxxxxx X. ~~Xxxxxx Vice~~ Xxxxxxx Title: President ~~and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta~~ & CFO JWC ACQUISITION CORP. By: /s/ ~~Xxxxxx~~ Txxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Txxxxxx X. ~~Xxxxxx Vice~~ Xxxxxxx Title: President ~~MHR EXCHANGECO CORPORATION~~& CFO THE TILE SHOP OF MICHIGAN, ~~a corporation existing under the laws of the Province of Alberta~~ LLC By: /s/ ~~Xxxxxx~~ Txxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Txxxxxx X. ~~Xxxxxx~~ Xxxxxxx Title: Senior Vice President ~~WILLISTON HUNTER CANADA~~& CFO BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Axxxxx Xxxxxx Name: Axxxxx Xxxxxx Title: Assistant Vice President BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: /s/ A. Qxxxx Xxxxxxxxxx Name: A. Qxxxx Xxxxxxxxxx Title: Senior Vice President THE HUNTINGTON NATIONAL BANK, as a Lender By: /s/ Mxxx X. Xxxxx Name: Mxxx X. Xxxxx Title: Vice President EXHIBIT A See attached. CREDIT AGREEMENT1 Dated as of October 3, 2012 among THE TILE SHOP, LLC and CERTAIN SUBSIDIARIES as Borrowers, TILE SHOP HOLDINGS, INC., as a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: Guarantor BANK OF ~~MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto HUNTINGTON BANK, as Syndication Agent BANK OF AMERICA MXXXXXX LXXXX as Sole Lead Arranger and Sole Book Manager 1 This composite copy includes Amendment No. 1 to Credit Agreement, dated as of April 30, 2013 and Amendment No. 2 to Credit Agreement, dated as of July 8, 2013. TABLE OF CONTENTS Section Page

Appears in 1 contract

Samples: Credit Agreement (Tile Shop Holdings, Inc.)

Guarantors. ~~PRC WILLISTON~~CASUAL MALE XXX, LLC, as a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP~~& Treasurer CAPTURE, LLC, ~~its general partner By: Magnum Hunter Resources Corporation, its sole member~~ as a Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP~~& Treasurer CASUAL MALE STORE, LLC, as a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~TRIAD HUNTER~~& Treasurer CASUAL MALE RETAIL STORE, LLC, as a ~~Delaware limited liability company~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice ~~President EAGLE FORD HUNTER~~President, Chief Financial Officer & Treasurer CASUAL MALE DIRECT, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer THINK BIG PRODUCTS LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMRG HOLDCO, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer DXLG WHOLESALE, LLC, as a Guarantor By: /s/ Xxxxx X. Xxxxxxxx, Xx. Name: Xxxxx X. Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMRG APPAREL MANAGEMENT, INC., as a ~~Colorado corporation~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer & Treasurer CMXL APPAREL, LP, as a ~~Kentucky corporation~~ Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice President, Chief Financial Officer ~~NGAS HUNTER~~& Treasurer CASUAL MALE (EUROPE), ~~LLC~~ LLC, as a Guarantor By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx, Xx. Name: Xxxxx X. ~~Xxxxxx~~ Xxxxxxxx, Xx. Title: Executive Vice ~~President and~~ President, Chief Financial Officer & Treasurer ~~MHR CALLCO CORPORATION~~AGENT: BANK OF AMERICA, ~~a corporation existing under the laws of the Province of Alberta~~ N.A., AS ADMINISTRATIVE AGENT AND AS COLLATERAL AGENT By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Senior Vice President ~~MHR EXCHANGECO CORPORATION~~LENDERS: BANK OF AMERICA, ~~a corporation existing under the laws of the Province of Alberta~~ N.A., AS A REVOLVING LENDER, A FILO LENDER, L/C ISSUER AND SWING LINE LENDER By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Senior Vice President ~~WILLISTON HUNTER CANADA~~XXXXX FARGO BANK, ~~INC.~~NATIONAL ASSOCIATION, as a ~~corporation existing under the laws of the Province of Alberta~~ Revolving Lender and a FILO Lender By: /s/ Xxxxxxx Xxxxxx X. Name: Xxxxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC.~~Title: Authorized Signatory CITIZENS BANK, ~~a Delaware corporation~~ N.A., AS A REVOLVING LENDER By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President ANNEX A Exhibit F to Credit Agreement Form of Borrowing Base Certificate See attached. Annex A Destination XL Group, Inc. Revolver Borrowing Base Certificate Email to: [ ] Certificate No. [ ] Certificate Date At Cost Beginning Inventory as of: Add: Receiving/ Purchases Add: Purchase Accrual (ASN) Add: Reverse ASN Accrual Add: Freight Less: Net Sales @ Retail (memo only) Less: Cost of Goods Sold @ Cost Total Adds/ (Reductions) At Cost Ending Inventory as of: $ - Less: Shrinkage at Cost Less: RTV Inventory Eligible Inventory - NOLV (101.73% Dec 16-EOM Sept/102.53% Oct-Dec 15) Advance Rate 90.0 % Total Inventory Availability $ - Eligible LC Inventory NOLV Advance Rate 85.0 % Total LC Inventory Availability $ - In-Transit Inventory Less: Ineligibles (>45 days from shipment) - Eligible In-Transit Inventory - NOLV Advance Rate 80.0 % Total In-Transit Inventory Availability $ - Eligible Credit Card Receivables as of: Advance Rate 90.0 % Credit Card Receivables Availability $ - Eligible Amazon Receivables as of: Advance Rate 85.0 % Amazon Receivables Availability (Capped at $8 million) $ - Total Collateral Revolver Availability $ - Availability Reserves: Annex A Less Landlord Reserve: 2 months: PA, VA and ~~Chief Financial Officer WILLISTON HUNTER ND, LLC~~Wash. Less Gift Certificate Merchandise Credits 50% - Customer Deposits (TCM& Rochester) 100% - FILO Pushdown Reserve Total Availability Reserves $ - Revolver Availability (uncapped) $ - Maximum Revolver Availability ($125MM) $ - AVAILABILITY CALCULATION Beginning Principal Balance (revolver) ADD: Prior days advance ADD: Interest / Fees charged today LESS: Prior day's paydown Ending principal balance (revolver) ADD: Outstanding Letters of Credit Total loan balance and L/Cs prior to request Excess Availability prior to today's request ADVANCE REQUEST $ - PAY DOWN $ - Excess Revolver Availability - $ - Compliance with Covenant - Total Availability (after today's request) >= to the greater of: Minimum Required Total Revolver Availability $ 10,000,000 (a) $ 10,000,000 Minimum Excess Availability Compliance Event in effect No (b) 10.0% of Revolver Loan Cap (without giving effect to FILO Pushdown Reserve) $ - The undersigned, a ~~Delaware limited liability company By~~Responsible Officer (as defined in the Credit Agreement referred to below) of Destination XL Group, Inc. (the “Lead Borrower”), represents and warrants that (a) the information set forth above and the supporting documentation delivered in connection herewith have been prepared in accordance with the requirements of that certain Seventh Amended and Restated Credit Agreement dated as of May 24, 2018 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the "Credit Agreement") by, among others, (i) the Lead Borrower, (ii) the Borrowers party thereto from time to time, (iii) the Guarantors party thereto from time to time, (iv) the Lenders party thereto from time to time, and (v) Bank of America, N.A., as administrative agent and collateral agent (in such capacities, the “Agent”); (b) no Default or Event of Default (as such terms are defined in the Credit Agreement) has occurred and is continuing; and (c) all or a portion of the advance requested hereby will be set aside by the Borrowers to cover 100% of the Borrowers' obligation for sales tax on account of sales since the most recent borrowing under the Credit Agreement. Destination XL Group, Inc., as Lead Borrower Authorized Signature Name Title Date Annex A Destination XL Group, Inc. FILO Borrowing Base Certificate Email to: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~[ ] Certificate No. [ ] Certificate Date At Cost Eligible Inventory - NOLV Advance Rate (10% through 12/31/2020, ~~LLC~~7.5% through 5/24/2021, ~~a Delaware limited liability company By~~5% thereafter) 10.0 % FILO Inventory Availability $ - Eligible In-Transit Inventory - NOLV Advance Rate (10% through 12/31/2020, 7.5% through 5/24/2021, 5% thereafter) 10.0 % FILO In-Transit Inventory Availability $ - Eligible Credit Card Receivables - Advance Rate (10% through 12/31/2020, 7.5% through 5/24/2021, 5% thereafter) 10.0 % FILO Credit Card Receivables Availability $ - Net Orderly Liquidation Value of Eligible Trade Names Advance Rate (50% through 12/31/2020, 45% through 5/24/2021, 40% through 5/24/2022, 35% thereafter) 50.0 % FILO Trade Name Availability (capped at $4MM) $ - LESS: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorAvailability Reserves relating to Eligible Trade Names - Total FILO Collateral Availability $ - FILO Loan Principal $ 15,000,000 FILO Pushdown Reserve $ 15,000,000 Annex A

Appears in 1 contract

Samples: Credit Agreement (Destination Xl Group, Inc.)

Appears in 1 contract

Samples: Subordination Agreement (Mithaq Capital SPC)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Appears in 1 contract

Samples: Credit Agreement and Limited Waiver (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~ALKERMES US HOLDINGS, INC., as a Guarantor By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: President EAGLE HOLDINGS USA, INC., as a Guarantor By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: President ALKERMES GAINESVILLE LLC, as a ~~Delaware limited liability company~~ Guarantor By: ~~Magnum Hunter Resources Corporation~~/s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Manager ALKERMES CONTROLLED THERAPEUTICS, ~~its sole member~~ INC., as a Guarantor By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President Alkermes February 2013 Amendment GIVEN under the common seal of ALKERMES PHARMA IRELAND LIMITED and DELIVERED as a DEED /s/ Xxxxx Xxxxx Director /s/ Xxx Xxxxxxx Assistant Secretary Alkermes February 2013 Amendment GIVEN under the common seal of ALKERMES FINANCE IRELAND LIMITED and DELIVERED as a DEED /s/ Xxxxx Xxxxx Director /s/ Xxx Xxxxxxx Assistant Secretary Alkermes February 2013 Amendment GIVEN under the common seal of ALKERMES FINANCE IRELAND (N0 2) LIMITED and DELIVERED as a DEED /s/ Xxxxx Xxxxx Director /s/ Xxx Xxxxxxx Assistant Secretary Alkermes February 2013 Amendment GIVEN under the common seal of ALKERMES SCIENCE ONE LIMITED and DELIVERED as a DEED /s/ Xxxxx Xxxxx Director /s/ Xxx Xxxxxxx Assistant Secretary Alkermes February 2013 Amendment ALKERMES FINANCE S.a.r.l By: /s/ Xxxxxx ~~X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By~~Xxxxxxx Title: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTERclass B manager Alkermes February 2013 Amendment XXXXXX XXXXXXX SENIOR FUNDING, INC., as Administrative Agent and Collateral Agent and a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx ~~Director~~Title: Authorized Signatory Alkermes February 2013 Amendment Lender Signature Pages on File with the Administrative Agent Alkermes February 2013 Amendment

Appears in 1 contract

Samples: Credit Agreement (Alkermes Plc.)

Appears in 1 contract

Samples: Credit Agreement and Limited Consent (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~ACHETER, ~~LLC~~INC., a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Texas corporation By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By~~Timothy C. Westfall -------------------------------------- Name: ~~Magnum Hunter Resources GP, LLC, its general partner By~~Timothy C. Westfall Title: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC.Sexxxxxxx -12- CH MORTGAGE COMPANY, a Colorado corporation By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Randall C. Present -------------------------------------- Name: Randall C. Present ------------------------------------ Title: Chairman and President ------------------------------------ CHI CONSTRUCTION COMPANY, ~~a Kentucky~~ an Arizona corporation By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By~~Timothy C. Westfall -------------------------------------- Name: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Timothy C. Westfall ------------------------------------ Title: Vice President ~~and Treasurer MHR CALLCO CORPORATION~~------------------------------------ CONTINENTAL HOMES, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Timothy C. Westfall -------------------------------------- Name: Timothy C. Westfall ------------------------------------ Title: Vice ~~President~~ President, General Counsel ------------------------------------ and ~~Chief Financial Officer WILLISTON HUNTER ND~~Assistant Secretary CONTINENTAL HOMES OF AUSTIN, ~~LLC~~L.P., a ~~Delaware~~ Texas limited ~~liability company By~~partnership BY: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.CHTEX OF AUSTIN, INC., a Delaware ~~limited liability company~~ corporation, General Partner By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Timothy C. Westfall ------------------------------- Name: Timothy C. Westfall ----------------------------- Title: Vice President and ~~Treasurer ADMINISTRATIVE AGENT AND LENDER~~----------------------------- Assistant Secretary -13- CONTINENTAL HOMES OF DALLAS, L.P., a Texas limited partnership BY: ~~BANK~~ CHTEX OF ~~MONTREAL~~ DALLAS, INC., a Delaware corporation, General Partner By: /s/ ~~Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Timothy C. Westfall ---------------------------------- Name: Timothy C. Westfall Title: Xxxx Xxxxxxxxx xxd Secretary CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation By: /s/ Timothy C. Westfall ---------------------------------------- Name: Timothy C. Westfall Title:Vice Xxxxxxxxx xxx Xxxxxtary CONTINENTAL HOMES OF SAN ANTONIO, L.P., a Texas limited partnership BY: CHTEX OF SAN ANTONIO, INC., a Delaware corporation, General Partner CONTINENTAL HOMES OF TEXAS, INC., a Texas corporation By: /s/ W. Thomas Hickcox ---------------------------------------- Name: W. Thomas Hickcox Title: Vice Presxxxxx CONTINENTAL RANCH, INC., a Delaware corporation formerly known as RANCHO CARILLO, INC. By: /s/ W. Thxxxx Xxckcox ---------------------------------------- Name: W. Thomas Hickcox Title: Vice Presxxxxx KDB HOMES, INC., a Delaware corporation By: /s/ Timothy C. Westfall ---------------------------------------- Name: Timothy C. Westfall Title: Vice Xxxxxxxxx L & W INVESTMENTS INC., a California corporation By: /s/ Timothy C. Westfall ---------------------------------------- Name: Timothy C. Westfall Title: Vice Xxxxxxxxx -15- MILBURN INVESTMENTS, INC., a Texas xxxporation By: /s/ Timothy C. Westfall ---------------------------------------- Name: Timothy C. Westfall Title: Vice Xxxxxxxxx MILTEX MANAGEMENT, INC., a Texas corporation By: /s/ Timothy C. Westfall ---------------------------------------- Name: Timothy C. Westfall Title: Secrxxxxx MILTEX MORTGAGE OF TEXAS LIMITED PARTNERSHIP, a Texas limited partnership BY: MILTEX MANAGEMENT, INC., a Texas corporation, General Partner By: /s/ Timothy C. Westfall --------------------------------- Name: Timothy C. Westfall Titlx: Xxxxxxxxx

Appears in 1 contract

Samples: Second Modification Agreement (Continental Homes Holding Corp)

Guarantors. ~~PRC WILLISTON~~SRE OKLAHOMA-2, LLC SRE OKLAHOMA-5, LLC SRE SOUTH CAROLINA — 2, LLC SRE SOUTH CAROLINA — 3, LLC SRE SOUTH CAROLINA — 4, LLC SRE TENNESSEE-4, LLC SRE VIRGINIA — 1, LLC STEVENS CREEK CADILLAC, INC. TOWN AND COUNTRY FORD, INCORPORATED WINDWARD, INC. Z MANAGEMENT, INC. By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx Title: Vice President and Treasurer SAI GA HC1, LP SONIC — STONE MOUNTAIN T, L.P. SONIC PEACHTREE INDUSTRIAL BLVD., L.P. By: SAI GEORGIA, LLC, ~~a Delaware limited liability company~~ as Sole General Partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTERSONIC AUTOMOTIVE OF NEVADA, INC., ~~a Colorado corporation~~ as Sole Member By: ~~/s/ Xxxxxx~~ Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx~~ Title: Vice President and Treasurer SONIC — LS CHEVROLET, L.P. By: SONIC — LS, LLC, as Sole General Partner By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION~~ Title: Vice President and Treasurer GUARANTORS: XXXXXXXX MOTORS, LTD. SONIC — CADILLAC D, L.P. SONIC — CAMP FORD, L.P. SONIC — CARROLLTON V, L.P. SONIC — FORT WORTH T, L.P. SONIC — XXXXX XXXXX AUTOPLEX, L.P. SONIC — HOUSTON V, L.P. SONIC — XXXX XXXXX, L.P. SONIC — XXXXXXXXXX F, L.P. SONIC — UNIVERSITY PARK A, L.P. SONIC ADVANTAGE PA, L.P. SONIC AUTOMOTIVE - 0000 X. XXXX, XX, L.P. SONIC AUTOMOTIVE - 0000 X-00 XXXX, XX, L.P. SONIC AUTOMOTIVE OF TEXAS, L.P. SONIC HOUSTON JLR, LP SONIC XXXXXXX XX, L.P. SONIC MOMENTUM B, L.P. SONIC MOMENTUM JVP, L.P. SONIC MOMENTUM VWA, L.P. SONIC-CLEAR LAKE VOLKSWAGEN, L.P. SONIC-JERSEY VILLAGE VOLKSWAGEN, L.P. SRE TEXAS — 1, L.P. SRE TEXAS — 2, L.P. SRE TEXAS — 3, L.P. SRE TEXAS — 4, L.P. SRE TEXAS — 5, L.P. SRE TEXAS — 6, L.P. SRE TEXAS — 7, L.P. SRE TEXAS — 8, L.P. By: SONIC OF TEXAS, INC., ~~a Kentucky corporation~~ as Sole General Partner By: ~~/s/ Xxxxxx~~ Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER~~Title: Vice President and Treasurer SAI CLEARWATER T, LLC By: ~~/s/ Xxxxxx~~ SAI FL HC2, INC., as Sole Member By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx X. Xxxxxx~~ Title: Vice President and Treasurer ~~MHR CALLCO CORPORATION~~SECOND AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT Signature Page GUARANTORS: SAI COLUMBUS T, ~~a corporation existing under the laws of the Province of Alberta~~ LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADASONIC AUTOMOTIVE, INC., ~~a corporation existing under the laws of the Province of Alberta~~ as Sole Member By: ~~/s/ Xxxxxx~~ Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By~~Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Vice President and Treasurer ~~XXXXXX XXXXXX~~SAI GEORGIA, ~~LLC, a Delaware limited liability company~~ LLC By: ~~/s/ Xxxxxx~~ SONIC AUTOMOTIVE OF NEVADA, INC., as Sole Member By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By~~Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Vice President and Treasurer ~~VIKING INTERNATIONAL RESOURCES CO.~~SAI IRONDALE L, LLC By: SAI AL HC2, INC., ~~a Delaware limited liability company~~ as Sole Member By: ~~/s/ Xxxxxx~~ Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx ~~Xxxxxx X. Xxxxxx Executive~~ Title: Vice President and Treasurer SAI OKLAHOMA CITY T, LLC SAI TULSA T, LLC By: SAI OK HC1, INC., as Sole Member By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx Title: Vice President and Treasurer SAI ROCKVILLE L, LLC By: SAI MD HC1, INC., as Sole Member By: Name: \Xxxxx X. Xxxxxx\ Xxxxx X. Xxxxxx Title: Vice President and Treasurer SECOND AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT Signature Page REVOLVING ADMINISTRATIVE ~~AGENT AND LENDER~~AGENT: BANK OF ~~MONTREAL~~ AMERICA, N.A., as Administrative Agent By: ~~/s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Name: \Xxxx X. Xxxxxxx\ Xxxx X. Xxxxxxx Title: Vice President

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Sonic Automotive Inc)

Guarantors. ~~PRC WILLISTON~~TXXXXXXX/CENTER ARMS COMPANY, ~~LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ LLC SWSS LLC By: /s/ ~~Xxxxxx~~ Jxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx By: /s/ Jxxxxxx X. ~~Xxxxxx~~ Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP~~and Treasurer Title: Executive Vice President, ~~a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTERand Treasurer SXXXX & WESSON DISTRIBUTING, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER. BEAR LAKE HOLDINGS, LLC By: /s/ ~~Xxxxxx~~ Jxxxxxx X. Xxxxxxxx By: /s/ Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Treasurer Title: Executive Vice President, Chief Financial Officer and Treasurer DEEP RIVER PLASTICS, LLC BATTENFELD TECHNOLOGIES, INC. By: /s/ Jxxxxxx X. Xxxxxxxx By: /s/ Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Treasurer Title: Executive Vice President, Chief Financial Officer and Treasurer BATTENFELD ACQUISITION COMPANY, INC. By: /s/ Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: Executive Vice President, Chief Financial Officer and Treasurer (Signature Page to Credit Agreement) TD BANK, N.A., as Administrative Agent By: /s/ Mxxxx Xxxxxxxxx Name: Mxxxx Xxxxxxxxx Title: Regional Vice President (Signature Page to Credit Agreement) TD BANK, N.A., as a Lender and Swingline Lender By: /s/ Mxxxx Xxxxxxxxx Name: Mxxxx Xxxxxxxxx Title: Regional Vice President (Signature Page to Credit Agreement) PEOPLE’S UNITED BANK, NATIONAL ASSOCIATION By: /s/ Exxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Exxxxx X. Xxxxxx Title: SVP BRANCH BANKING AND TRUST COMPANY By: /s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Vice President (Signature Page to Credit Agreement) REGIONS BANK By: /s/ Bxxxx Xxxxxx Name: Bxxxx Xxxxxx Title: Senior Vice President (Signature Page to Credit Agreement) WXXXX FARGO BANK, N.A. By: /s/ Mxxxxxx Xxxxxxx Name: Mxxxxxx Xxxxxxx Title: Sr Vice President (Signature Page to Credit Agreement) EXHIBIT A [FORM OF] LOAN NOTICE Date: [ , ] TO: TD Bank, N.A., as Administrative Agent RE: Credit Agreement, dated as of June 15, 2015, by and ~~Treasurer MHR CALLCO~~ among SXXXX & WESSON HOLDING CORPORATION, a ~~corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION~~Nevada corporation, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and ~~Chief Financial Officer WILLISTON HUNTER INC~~SXXXX & WESSON CORP., a Delaware ~~corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ corporation, as borrowers, the Guarantors from time to time party thereto, the Lenders from time to time party thereto, and ~~Chief Financial Officer WILLISTON HUNTER ND~~TD Bank, ~~LLC~~N.A., ~~a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President~~ as Administrative Agent (as amended, modified, extended, restated, replaced, or supplemented from time to time, the “Credit Agreement”; capitalized terms used herein and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Directornot otherwise defined shall have the meanings set forth in the Credit Agreement)

Appears in 1 contract

Samples: Credit Agreement (Smith & Wesson Holding Corp)

Guarantors. ~~PRC WILLISTON~~XXXXXXXX XXXXXX PRESERVE, ~~LLC~~L.L.C. (formerly Xxxxxxxx Wesel, ~~a Delaware limited liability company~~ L.L.C.) By: ~~Magnum Hunter Resources Corporation~~Xxxxxxxx Homebuilding Companies, Inc. its ~~sole member~~ Manager By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~Xxxxxxxxxxx Xxxxxxxx, ~~a Delaware limited partnership~~ CEO XXXXXXXX HOMES OF RALEIGH, LLC (formerly Capitol Homes Inc.) By: ~~Magnum Hunter Resources GP~~Xxxxxxxx Homebuilding Companies, ~~LLC,~~ Inc. its ~~general partner~~ Manager By: ~~Magnum Hunter Resources Corporation~~Xxxxxxxxxxx Xxxxxxxx, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTERCEO XXXXXXXX HOMES OF ATLANTA, LLC By: ~~/s/ Xxxxxx~~ Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX XXXXX ROAD, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXX ROAD DEVELOPMENT, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX SUMMERLAND, L.C. By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX XXXXXXX ROAD, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX LANDING, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX XXXXXXXXX, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO XXXXXXXX XXXXXXXXX II, LLC By: Xxxxxxxx Homebuilding Companies, Inc. its Manager By: Xxxxxxxxxxx Xxxxxxxx, CEO LENDER: WACHOVIA BANK, NATIONAL ASSOCIATION By: Xxx X. ~~Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxx Vice President Schedule 1.4 Pending Litigation Schedule 1.5 Pending Default Notices Schedule 5 Contracts Schedule 6 Payables Schedule 7 Bonds Exhibit A Waiver of Right to Notice of Hearing and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorRight to Hearing Exhibit B

Appears in 1 contract

Samples: Consensual Foreclosure and Settlement Agreement (Comstock Homebuilding Companies, Inc.)

Guarantors. ~~PRC WILLISTON~~CIM REAL ESTATE FINANCE TRUST, INC., a Maryland corporation By: /s/ Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Secretary CIM REAL ESTATE FINANCE OPERATING PARTNERSHIP, LP, a Delaware limited partnership By: CIM Real Estate Finance Trust, Inc., its general partner By: /s/ Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Secretary CMFT SCF HOLDCO LLC, a Delaware limited partnership By: /s/ Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Secretary CRI REIT IV, LLC, a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation~~CIM Real Estate Finance Trust, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC~~Inc., its general partner By: ~~Magnum Hunter Resources Corporation~~/s/ Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Secretary ARCP BP Portage IN, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~LLC ARCP CV Danville IN, LLC ARCP CV Riverton NJ, LLC ARCP DG Glouster OH, LLC ARCP XX Xxxxxxxxx MI, LLC ARCP XX Xxxxxxx KS, LLC ARCP ID Ames IA, LLC ARCP MF Fairview Park OH, LLC ARCP NB Fort Worth TX, LLC ARCP SS North Kingstown RI, LLC ARCP WG Coweta OK, LLC CIM OFC Scottsdale AZ, LLC Xxxx 24 Orlando FL, LLC Xxxx XX Portfolio I, LLC Xxxx BE Portfolio I, LLC Xxxx XX Tallahassee FL, LLC Xxxx XX Tallahassee FL, LLC Xxxx XX Asheville NC, LLC Xxxx XX Austin TX, LLC Xxxx XX Charleston SC, LLC Xxxx XX Chicago (Central) IL, LLC Xxxx XX Corpus Christi TX, LLC Xxxx XX Erie PA, LLC Xxxx XX Hanover Township NJ, LLC Xxxx XX Lincoln NE, LLC Xxxx XX Mansfield OH, LLC Xxxx XX Middletown NY, LLC Xxxx XX Wisconsin Rapids WI, LLC Xxxx XX Spring Grove IL, LLC Xxxx HE Albuquerque NM, LLC Xxxx HE Fort Xxxxx FL, LLC Xxxx HE Suwanee GA, LLC Xxxx XX Cadillac MI, LLC Xxxx XX Sedalia MO, LLC Xxxx XX Watertown SD, LLC Xxxx XX Willmar MN, LLC Xxxx LA Rock Hill SC, LLC Xxxx LO Fremont OH, LLC Xxxx LO North Dartmouth MA, LLC Xxxx XX Lancaster TX, LLC Xxxx XX Troy OH, LLC Xxxx XX Cedar Hill TX, LLC Xxxx OFC Hamilton NJ, LLC Xxxx OFC Lexington KY, LLC Xxxx OFC Troy MI, LLC Xxxx OR Fayetteville NC, LLC Xxxx XX Fayetteville AR, LLC Cole SU Palm Beach Gardens FL, LLC Cole SU Sebastian FL, LLC Cole SU Titusville FL, LLC Xxxx XX Xxxxxxxx Springs NC, LLC Xxxx XX Reidsville NC, LLC Xxxx XX Randallstown MD, LLC Madison East Store, LLC VEREIT CL Houston TX, LLC VEREIT CL San Antonio TX, LLC VEREIT CL Venice FL, LLC VEREIT DG Erie IL, LLC VEREIT DG New Richland MN, LLC VEREIT XX Xxxx River MN, LLC VEREIT XX Xxxxxxxx MN, LLC VEREIT XX Xxxxxxx MO, LLC VEREIT XX Xxxxxxx MN, LLC VEREIT XX Xxxxxxxx MN, LLC VEREIT ID Windom MN, LLC VEREIT LA Pawtucket RI, LLC, each a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~CIM Real Estate Finance Management, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Authorized Officer CIM UO Madera CA, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC.LP, a Delaware ~~corporation~~ limited partnership By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~CIM GP UO Madera CA, LLC, a Delaware limited liability ~~company~~ company, its General Partner By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~CIM Real Estate Finance Management, LLC, a Delaware limited liability ~~company~~ company, its Manager By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By~~Xxxxx Xxxxxxxxxxxxx Name: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By~~Xxxxx Xxxxxxxxxxxxx Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Secretary

Appears in 1 contract

Samples: Continuing Guaranty (Cim Real Estate Finance Trust, Inc.)

Appears in 1 contract

Samples: Term Loan Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~OXFORD RESOURCE PARTNERS, ~~LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES~~ LP, a Delaware limited partnership By: ~~Magnum Hunter~~ Oxford Resources ~~GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES~~ GP, LLC, a Delaware limited liability ~~company By: Magnum Hunter Resources Corporation~~company, its ~~sole member~~ general partner By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Chief Financial Officer TRIAD HUNTER~~Title: Senior Vice President & CFO OXFORD MINING COMPANY – KENTUCKY, LLC, a ~~Delaware~~ Kentucky limited liability company By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Bradlye X. Xxxxxx Title: Senior Vice President ~~EAGLE FORD HUNTER~~& CFO XXXXX COAL COMPANY, ~~INC.~~LLC, ~~a Colorado corporation~~ an Ohio limited liability company By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By~~Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Vice President ~~and~~ & Treasurer ~~MHR CALLCO~~ OXFORD RESOURCE FINANCE CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~and Chief Financial Officer WILLISTON HUNTER ND~~& CFO OXFORD CONESVILLE, LLC, ~~a Delaware~~ an Ohio limited liability company By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Vice President and Treasurer XXXXXX XXXXXX~~CITICORP USA, ~~LLC~~INC., ~~a Delaware limited liability company~~ as Administrative Agent By: /s/ Xxxxxx X. ~~Xxxxxx~~ Xxxxxxx Name: Xxxxxx X. ~~Xxxxxx Executive~~ Xxxxxxx Title: Vice President ~~MAGNUM HUNTER MARKETING~~Address for Notices: Citicorp USA, ~~LLC~~Inc. 0000 Xxxxx Xxxx OPS3 New Castle, Delaware 19720 Attention: Xxxxxxx Xxxxxxxxx Email: Xxxxxxx.Xxxxxxxxx@xxxx.xxx With a ~~Delaware limited liability company~~ copy to: Citicorp USA, Inc. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx Xxxxxxx Email: Xxxxxx.X.Xxxxxxx@xxxx.xxx With a copy to: Xxxxx Xxxx & Xxxxxxxx LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxxxxx Email: Damian. xxxxxxxx@xxxxxxxxx.xxx Citibank, N.A., as a Lender By: /s/ Xxxxxx X. ~~Xxxxxx~~ Xxxxxxx Name: Xxxxxx X. ~~Xxxxxx Executive~~ Xxxxxxx Title: Vice President ~~and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Fifth Third Bank, ~~INC.~~as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President SOCIÉTÉ GÉNÉRALE, as a ~~Delaware limited liability company~~ Lender By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Managing Director Barclays Bank PLC, as a Lender By: /s/ Xxxxxxxx X. Kona Name: Xxxxxxxx X. Kona Title: Vice President The Huntington National Bank, as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President Xxxxx Fargo, as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Assistant Vice President Xxxxxxx Xxxxx Bank, N.A., as a Lender By: /s/ H. Xxxx Xxxxx, Xx. Name: H. Xxxx Xxxxx, Xx. Title: Senior Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx ~~X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~Title: ~~BANK OF MONTREAL~~ Authorized Signatory By: /s/ ~~Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~Xxxxx Xxxx Name: Xxxxx Xxxx Title: Authorized Signatory SCHEDULE I GUARANTORS

Appears in 1 contract

Samples: Forbearance Agreement (Oxford Resource Partners LP)

Guarantors. PRC WILLISTON, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTERSXXXXXXXXXXX XX BR 147, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SXXXXXXXXXXX XX 147, ~~INC.~~LLC, a ~~Colorado corporation~~ Delaware limited liability company By: Sxxxxxxxxxxx XX BR 147, LLC, a Delaware limited liability company Its: sole member By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary ~~MAGNUM HUNTER PRODUCTION INC.~~SUMMIT HOTEL TRS 147-A, a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SXXXXXXXXXXX XX BR 148, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SXXXXXXXXXXX XX 148, LLC, a Delaware limited liability company By: Sxxxxxxxxxxx XX BR 148, LLC, a Delaware limited liability company Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary HG SAN FXXX JV BR 149, LLC (f/k/a HGI SAN FXXX JV BR 149, LLC), a Delaware limited liability company By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary HG SAN FXXX JV 149, LLC (f/k/a HGI SAN FXXX JV 149, LLC), a Delaware limited liability company By: HG San Fxxx JV BR 149, LLC (f/k/a HGI San Fxxx JV BR 149, LLC), a Delaware limited liability company Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 149, INC., a Delaware corporation By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 149, LLC, a Delaware limited liability company By: Summit Hotel TRS 149, Inc., a Delaware corporation Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary HG SAN JXXX JV BR 150, LLC (f/k/a HGI SAN JXXX JV BR 150, LLC), a Delaware limited liability company By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary HG SAN JXXX JV 150, LLC (f/k/a HGI SAN JXXX JV 150, LLC), a Delaware limited liability company By: HG San Jxxx JV BR 150, LLC (f/k/a HGI San Jxxx JV BR 150, LLC), a Delaware limited liability company Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 150, INC., a Delaware corporation By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 150, LLC, a Delaware limited liability company By: Summit Hotel TRS 150, Inc., a Delaware corporation Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary RI PORT RIVER JV BR 151, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary RI PORT RIVER JV 151, LLC, a Delaware limited liability company By: RI Port River JV BR 151, LLC, a Delaware limited liability company Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 151, INC., a Delaware corporation By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 151, LLC, a Delaware limited liability company By: Summit Hotel TRS 151, Inc., a Delaware corporation Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary RI PORT HILLSBORO JV BR 152, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary RI PORT HILLSBORO JV 152, ~~INC.~~LLC, a Delaware limited liability company By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~RI Port Hillsboro JV BR 152, LLC, a Delaware limited liability company Its: ~~BANK OF MONTREAL~~ sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 152, INC., a Delaware corporation By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary SUMMIT HOTEL TRS 152, LLC, a Delaware limited liability company By: Summit Hotel TRS 152, Inc., a Delaware corporation Its: sole member By: /s/ Cxxxxxxxxxx Eng Name: Cxxxxxxxxxx Eng Title: Secretary BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Pxxxxxxxx Xxxxxx ~~Xxxxxxxx~~ Name: Pxxxxxxxx Xxxxxx ~~Xxxxxxxx Director~~Title: AVP BANK OF AMERICA, N.A., as a Lender By: /s/ Kxxx Xxxxxxx Name: Kxxx Xxxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Txxxxx X. Xxxxxxx Name: Txxxxx X. Xxxxxxx Title: Assistant Vice President BANK OF MONTREAL, CHICAGO BRANCH, as a Lender By: /s/ Gxxxxxxxx Xxxx Name: Gxxxxxxxx Xxxx Title: Director ANNEX I TO SECOND AMENDMENT (marked copy of Credit Agreement) See Attached ANNEX I TO SECOND AMENDMENT Published Deal CUSIP Number: 80000XXX0 Published Revolver Facility CUSIP Number: 80000XXX0 Published Term Facility CUSIP Number: 80000XXX0 CREDIT AGREEMENT Dated as of October 8, 2019 among SUMMIT JV MR 1, LLC, as Borrower, SUMMIT HOSPITALITY JV, LP as Parent, CERTAIN SUBSIDIARIES OF SUMMIT JV MR 1, LLC FROM TIME TO TIME PARTY HERETO, as Guarantors, THE INITIAL LENDERS NAMED HEREIN, as Initial Lenders, BANK OF AMERICA, N.A., as Administrative Agent, and BofA SECURITIES, INC., as Sole Lead Arranger and as Sole BookrunnersBookrunner T A B L E O F C O N T E N T S Section Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel Properties, Inc.)

Guarantors. ~~PRC WILLISTON~~SOTHEBY’S FINE ART HOLDINGS, ~~LLC~~INC. SOTHEBY’S FINANCIAL SERVICES, ~~a Delaware limited liability company By: Magnum Hunter Resources Corporation~~INC. SOTHEBY’S FINANCIAL SERVICES CALIFORNIA, ~~its sole member~~ INC. OBERON, INC. THETA, INC. SOTHEBY’S VENTURES, LLC SOTHEBY’S ASIA, INC. YORK WAREHOUSE, INC. SPTC, INC. SOTHEBY’S XXXXX XXXXXX, INC. YORK AVENUE DEVELOPMENT, INC. SOTHEBY’S THAILAND, INC. SOTHEBY’S HOLDINGS INTERNATIONAL, INC. SOTHEBY’S NEVADA, INC. XXXXXXXX.XXX AUCTIONS, INC. SIBS, LLC SOTHEBY’X.XXX LLC SOTHEBY’S RES, INC. By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx Name: Xxxxxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By~~Xxxxxxxx Title: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer ~~WILLISTON HUNTER INC., a Delaware corporation~~ SOTHEBY’S By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx Name: Xxxxxxx X. ~~Xxxxxx~~ Xxxxxxxx Title: Executive Vice President and Chief Financial Officer ~~WILLISTON HUNTER ND~~Consent Sotheby’s – Amendment No. 7 to Amended and Restated Credit Agreement SOTHEBY’S, ~~LLC, a Delaware limited liability company~~ INC. By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx Name: Xxxxxxx X. ~~Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By~~Xxxxxxxx Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Executive Vice President and ~~Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company~~ Chief Financial Officer OATSHARE LIMITED By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx Name: Xxxxxxx X. ~~Xxxxxx~~ Xxxxxxxx Title: Executive Vice President and ~~Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL~~ Chief Financial Officer SOTHEBY’S FINANCIAL SERVICES LTD. By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxxxx ~~Director~~Title: Executive Vice President and Chief Financial Officer CATALOGUE DISTRIBUTION COMPANY LIMITED By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President and Chief Financial Officer

Appears in 1 contract

Samples: Credit Agreement (Sothebys)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON,~~ CAESAR HOLDING CO LLC, a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation~~CANYON OFFSHORE, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~INC., a Texas corporation CANYON OFFSHORE INTERNATIONAL CORP., a Texas corporation ENERGY RESOURCE TECHNOLOGY GOM, INC., a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, corporation HELIX INGLESIDE LLC, a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation~~HELIX OFFSHORE INTERNATIONAL, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~INC., a Texas corporation HELIX SUBSEA CONSTRUCTION, INC., a Delaware corporation HELIX VESSEL HOLDINGS LLC, a Delaware limited liability company HELIX WELL OPS INC., a Texas corporation NEPTUNE VESSEL HOLDINGS LLC, a Delaware limited liability company VULCAN MARINE TECHNOLOGY LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Axxxxxx Xxxxxxx Name: Axxxxxx Xxxxxxx Title: Vice President ~~EAGLE FORD HUNTER~~and Treasurer BANK OF AMERICA, ~~INC.~~N.A., ~~a Colorado corporation~~ as Administrative Agent By: /s/ ~~Xxxxxx~~ DxXxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx DxXxxxx X. ~~Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Xxxxx Agency Management Officer BANK OF AMERICA, N.A., as a ~~Kentucky corporation~~ Lender, L/C Issuer and Swing Line Lender By: /s/ Jxxxx Xxxxxxx Jxxxx Xxxxxxx Vice President AMEGY BANK NATIONAL ASSOICATION By: /s/ G. Sxxxx Xxxxxxx Name: G. Sxxxx Xxxxxxx Title: Senior Vice President CAPITAL ONE, N.A. By: /s/ Dxx Xxxxxx Name: Dxx Xxxxxx Title: SVP COMERICA BANK By: /s/ Bxxxxxx Xxxxxxx Name: Bxxxxxx Xxxxxxx Title: Assistant Vice President COMPASS BANK By: /s/ Sxxxxx Xxxxxx Name: Sxxxxx Xxxxxx Title: Senior Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Mxxxxxx Xxxxxxxxxxx Name: Mxxxxxx Xxxxxxxxxxx Title: Director By: /s/ Vxxxx Xxxxxx Name: Vxxxx Xxxxxx Title: Associate DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Vice President By: /s/ Mxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxxxx Name: Mxxxxx X. ~~Xxxxxx Chief Financial Officer NGAS HUNTER,~~ Xxxxxxxxxx Title: Director IBERIABANK By: /s/ Cxxxxxxxxxx Xxxxxxxxx Name: Cxxxxxxxxxx Xxxxxxxxx Title: Senior Vice President ING CAPITAL LLC By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta~~ Sxxxx Xxxxxxxxx Name: Sxxxx Xxxxxxxxx Title: Director NATIXIS By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta~~ Cxxxxx Xxxxxxxxx Name: Cxxxxx Xxxxxxxxx Title: Managing Director By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta~~ Dxxxxx Xxxxx Name: Dxxxxx Xxxxx Title: Managing Director NORDEA BANK FINLAND PLC/LONDON BRANCH By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation~~ Sxxxxx Xxxxx-Xxxxxxxxx Name: Sxxxxx Xxxxx-Xxxxxxxxx Title: Relationship Manager By: /s/ Mxxxxx Xxxx Name: Mxxxxx Xxxx Title: Head of Offshore & Oil Services, London RXXXXXX JXXXX BANK, N.A. By: /s/ Sxxxx X. Xxxxxxx Name: Sxxxx X. Xxxxxxx Title: Vice President RB INTERNATIONAL FINANCE (USA) LLC By: /s/ Sxxxxxx Xxxxx Name: Sxxxxxx Xxxxx Title: Vice President By: /s/ Pxxxx Xxxxxxx Name: Pxxxx Xxxxxxx Title: Vice President WXXXX FARGO BANK, N.A. By: /s/ Rxxxxx Xxxxxx Name: Rxxxxx Xxxxxx Title: Director WHITNEY BANK, a Louisiana state chartered bank By: /s/ Pxxx Xxxx Name: Pxxx Xxxx Title: Senior Vice President FROST BANK By: /s/ Dxxxx Xxxxxxx Name: Dxxxx Xxxxxxx Title: Assistant Vice President Cxxxxxx Xxxxx CLO, Ltd. By: /s/ Lxxxx Xxxx Name: Lxxxx Xxxx Title: Managing Director Aberdeen Loan Funding, Ltd By: Highland Capital Management, L.P. As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory [INSERT LENDER NAME] Atrium CDO By: /s/ Dxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Dxxxx X. Xxxxxx ~~Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~Title: Authorized Signatory [INSERT LENDER NAME] Atrium II By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Authorized Signatory [INSERT LENDER NAME] Atrium III By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Authorized Signatory [INSERT LENDER NAME] Atrium V By: Credit Suisse Asset Management, LLC, ~~a Delaware limited liability company~~ as collateral manager By: /s/ ~~Xxxxxx~~ Dxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Dxxxx X. Xxxxxx ~~Vice President and Treasurer XXXXXX XXXXXX~~Title: Authorized Signatory [INSERT LENDER NAME] Atrium VI By: Credit Suisse Asset Management, LLC, ~~a Delaware limited liability company~~ as collateral manager By: /s/ ~~Xxxxxx~~ Dxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Dxxxx X. Xxxxxx ~~Executive~~ Title: Authorized Signatory Ballantyne Funding LLC By: /s/ Txxx Xxxxx Name: Txxx Xxxxx Title: Assistant Vice President ~~MAGNUM HUNTER MARKETING~~Bank of America, N.A. By: /s/ Exxx Xxxxxxxx Name: Exxx Xxxxxxxx Title: Vice President BELHURST CLO LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager [INSERT LENDER NAME] By: /s/ Txxxxx Xxxxx Name: Txxxxx Xxxxx Title: Authorized Signatory BXXX ATLANTIC MASTER TRUST By: Crescent Capital Group LP, its sub-adviser By: /s/ Meric Topbas Name: Meric Topbas Title: Vice President By: /s/ G. Wxxxx Xxxxxx Name: G. Wxxxx Xxxxxx Title: Senior Vice President Brentwood CLO, Ltd. By: Highland Capital Management, L.P., As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory CIFC Funding 2006-I, Ltd. By: CIFC Asset Management LLC, its Collateral Manager By: /s/ Rxxxxx Xxxxxx Name: Rxxxxx Xxxxxx Title: Authorized Signatory Hxxxxx'x Island CLO II, Ltd. By: CypressTree Investment Management, LLC, ~~a Delaware limited liability company~~ its Collateral Manager By: /s/ Rxxxxx Xxxxxx X. Name: Rxxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Title: Authorized Signatory Cumberland II CLO Ltd. Marquette Park CLO Ltd. Schiller Park CLO Ltd. Bxxx Ridge CLO Plus Ltd. Bridgeport CLO II Ltd. By: Deerfield Capital Management LLC, ~~INC., a Delaware limited liability company~~ its Collateral Manager By: /s/ Rxxxxx Xxxxxx X. Name: Rxxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~Title: ~~BANK OF MONTREAL~~ Authorized Signatory ColumbusNova CLO Ltd. 2000-X XxxxxxxxXxxx CLO Ltd. 2006-II ColumbusNova CLO Ltd. 2000-X XxxxxxxxXxxx CLO IV Ltd. 2007-II By: Columbus Nova Credit Investments Management, LLC, its Collateral Manager By: /s/ Rxxxxx Xxxxxx ~~Xxxxxxxx~~ Name: Rxxxxx Xxxxxx ~~Xxxxxxxx Director~~Title: Authorized Signatory [INSERT LENDER NAME] Castle Garden Funding By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Authorized Signatory Children's Healthcare of Atlanta Inc. By: Highland Capital Management, L.P., As Investment Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory Confluent 3 Limited. By: INVESCO Senior Secured Management, Inc. As Investment Manager [INSERT LENDER NAME] By: /s/ Txxxxx Xxxxx Name: Txxxxx Xxxxx Title: Authorized Signatory CONFLUENT 4 LIMITED. As Lender By: Lxxxxx, Sxxxxx & Company, L.P. As Sub-Manager By: Lxxxxx, Sxxxxx & Company, Incorporated. Its General Partner By: /s/ Mxxx XxXxxxxx Name: Mxxx XxXxxxxx Title: Vice President CORTINA Funding By: /s/ Rxxxxxx Xxxxxx Name: Rxxxxxx Xxxxxx Title: Authorized Signatory [INSERT LENDER NAME] CSAM Funding IV By: /s/ Dxxxx X. Xxxxxx Name: Dxxxx X. Xxxxxx Title: Authorized Signatory [Eagle Creek CLO, Ltd] By: /s/ Bxxxx Xxxxxxx Name: Bxxxx Xxxxxxx Title: Authorized Sxxxxx Eastland CLO, Ltd. By: Highland Capital Management, L.P., As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory FIRST 2004-II CLO, LTD. By: TCW-WLA JV Venture LLC, its sub-adviser By: /s/ Meric Topbas Name: Meric Topbas Title: Vice President By: /s/ G. Wxxxx Xxxxxx Name: G. Wxxxx Xxxxxx Title: Senior Vice President Foothill CLO I, Ltd By: /s/ Lxxxx Xxxx Name: Lxxxx Xxxx Title: Managing Director Gleneagles CLO Ltd. By: Highland Capital Management, L.P., As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory Gxxxxxx CLO, Ltd. By: Highland Capital Management, L.P., As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory Greenbriar CLO LTD. By: Highland Capital Management, L.P., As Collateral Manager By: /s/ Cxxxxx Xxxxx Name: Cxxxxx Xxxxx Title: Authorized Signatory Gulf Stream - Compass CLO 2005-I, Ltd. By: Gulf Stream Asset Management LLC As Collateral Manager By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Vice President Gulf Stream - Compass CLO 2007, Ltd. By: Gulf Stream Asset Management LLC As Collateral Manager By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Vice President Gulf Stream - Rashinban CLO 2006-I, Ltd. By: Gulf Stream Asset Management LLC As Collateral Manager By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Vice President Gulf Stream - Sextant CLO 2006-1, Ltd. By: Gulf Stream Asset Management LLC As Collateral Manager By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Vice President Gulf Stream - Sextant CLO 2007-1, Ltd. By: Gulf Stream Asset Management LLC As Collateral Manager By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Vice President Hxxxxx'x Island CLO IV, Ltd. By: LCM Asset Management LLC As Collateral Manager By: /s/ Axxxxxxxx X. Xxxxx Name: LCM Asset Management LLC Axxxxxxxx X. Xxxxx Title: HillMark Funding, Ltd. By: Hillmark Capital Management, L.P., as Collateral Manager, as Lender By: /s/ Mxxx Xxxx Name: Mxxx Xxxx Title: CEO ING CAPITAL LLC By: /s/ Sxxxx Xxxxxxxxx Name: Sxxxx Xxxxxxxxx Title: Director ING Investment Management CLO I, LTD. By: ING Investment Management Co. LLC, as its investment manager ING Investment Management CLO II, LTD. By: ING Alternative Asset Management LLC, as its investment manager ING Investment Management CLO III, LTD. By: ING Alternative Asset Management LLC, as its investment manager ING Investment Management CLO IV, LTD. By: ING Alternative Asset Management LLC, as its investment manager Phoenix CLO II, LTD. By: ING Alternative Asset Management LLC, as its investment manager Phoenix CLO II, LTD. By: ING Alternative Asset Management LLC, as its investment manager By: /s/ Kxxxx X. Xxxxx Name: Kxxxx X. Xxxxx Title: Vice President

Appears in 1 contract

Samples: Credit Agreement (Helix Energy Solutions Group Inc)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Appears in 1 contract

Samples: Credit Agreement (Wilhelmina International, Inc.)

Guarantors. ~~PRC WILLISTON~~THE SHIPYARD COMMUNITIES, LLC By: Five Point Operating Company, LP, its manager By: Five Point Opco GP, LLC, ~~a Delaware limited liability company~~ its managing general partner By: ~~Magnum Hunter Resources Corporation~~Five Point Holdings, LLC, its sole member By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES~~ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President Signature Page to Consent and Agreement of Guarantor FIVE POINT LAND, LLC By: Five Point Operating Company, LP, ~~a Delaware limited partnership~~ its manager By: ~~Magnum Hunter Resources~~ Five Point Opco GP, LLC, its managing general partner By: ~~Magnum Hunter Resources Corporation~~Five Point Holdings, LLC, its sole member By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES~~ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President Signature Page to Consent and Agreement of Guarantor FIVE POINT COMMUNITIES MANAGEMENT, INC. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Treasurer Signature Page to Consent and Agreement of Guarantor FIVE POINT COMMUNITIES, LP By: Five Point Communities Management, Inc., its general partner By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Treasurer Signature Page to Consent and Agreement of Guarantor FIVE POINT HERITAGE FIELDS, LLC By: Five Point Operating Company, LP, its sole member By: Five Point Opco GP, LLC, ~~a Delaware limited liability company~~ its managing general partner By: ~~Magnum Hunter Resources Corporation~~Five Point Holdings, LLC, its sole member By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company~~ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President ~~EAGLE FORD HUNTER, INC., a Colorado corporation~~ Signature Page to Consent and Agreement of Guarantor FIVE POINT CAPITAL CORP. By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation~~ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By~~Xxxxxxx Xxxxx Name: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxx Xxxxx Title: Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorPresident

Appears in 1 contract

Samples: Credit Agreement (Five Point Holdings, LLC)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~ANVIL 1, ~~LLC~~LLC ANVIL 2, ~~a Delaware limited liability company~~ LLC ANVIL INTERNATIONAL, LP By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GPAnvil I, LLC, its ~~general partner~~ General Partner ANVILSTAR, LLC FAST FABRICATORS, LLC XXXXX XXXXX COMPANY, LLC XXXXX XXXXX INTERNATIONAL, LLC XXXXXX METERS CO., LLC XXXX INDUSTRIES, LLC HYDRO GATE, LLC XXXXX XXXXX COMPANY, LLC X.X. XXXXX MFG CO., LLC MCO 1, LLC MCO 2, LLC XXXXXXXX VALVE, LLC XXXXXXX CO. LTD. By: ~~Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~MCO 1, LLC, ~~a Delaware limited liability company By: Magnum Hunter Resources Corporation~~its General Partner XXXXXXX FINANCIAL SERVICES, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~LLC XXXXXXX GROUP, ~~LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~LLC XXXXXXX INTERNATIONAL, INC. XXXXXXX INTERNATIONAL, L.L.C. XXXXXXX INTERNATIONAL FINANCE, INC. XXXXXXX INTERNATIONAL FINANCE, L.L.C. XXXXXXX SERVICE CALIFORNIA, INC. XXXXXXX SERVICE CO., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTERLLC UNITED STATES PIPE AND FOUNDRY COMPANY, LLC By: /s/ XXXXXX X. XXXXX Name: Xxxxxx X. ~~Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxx Title: Vice President ~~and Treasurer MHR CALLCO CORPORATION~~XXXXXXX GROUP CO-ISSUER, ~~a corporation existing under the laws of the Province of Alberta~~ INC. By: /s/ XXXXXX X. XXXXX Name: Xxxxxx X. ~~Xxxxxx Xxxxxx X. Xxxxxx Vice~~ Xxxxx Title: President ~~MHR EXCHANGECO CORPORATION~~ADMINISTRATIVE AGENT: BANK OF AMERICA, ~~a corporation existing under the laws of the Province of Alberta~~ N.A. By: /s/ W. XXXXXX XXXXXXX Name: W. Xxxxxx ~~X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxxxx Title: Senior Vice President ~~WILLISTON HUNTER CANADA~~EXHIBIT A Published Deal CUSIP Number: Published Revolver CUSIP Number: Published Term Loan A CUSIP Number: Published Term Loan B CUSIP Number: AMENDED & RESTATED CREDIT AGREEMENT Dated as of May 24, 2007 among XXXXXXX WATER PRODUCTS, INC., ~~a corporation existing under~~ as the ~~laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC.~~Borrower, ~~a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~XXXXXXX GROUP, LLC, as the prior borrower (for the purposes of Section 1.01(i) only) BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, an L/C Issuer and a ~~Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President~~ Lender, JPMORGAN CHASE BANK, N.A., as Syndication Agent, an L/C Issuer and ~~Treasurer XXXXXX XXXXXX~~a Lender, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.CITICORP USA, INC., ~~a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ CALYON NEW YORK BRANCH, and ~~Treasurer ADMINISTRATIVE AGENT~~ SUNTRUST BANK, as Co-Documentation Agents and as Lenders and The Other Lenders Party Hereto BANC OF AMERICA SECURITIES LLC, and X.X. XXXXXX SECURITIES INC. as Joint Lead Arrangers and Joint Book Managers TABLE OF CONTENTS Section Page ARTICLE I. DEFINITIONS AND ~~LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~ACCOUNTING TERMS 1.01 Amendment and Restatement; Existing Borrower Assignment A-5 1.02 Defined Terms A-8 1.03 Other Interpretive Provisions A-37 1.04 Accounting Terms A-38 1.05 Rounding A-39 1.06 Exchange Rates; Currency Equivalents A-39 1.08 Change of Currency A-40 1.09 Times of Day A-40 1.10 Letter of Credit Amounts A-40 ARTICLE II. THE COMMITMENTS AND CREDIT EXTENSIONS 2.01 Term Loans A-41 2.02 Revolving Loans A-42 2.03 Borrowings, Conversions and Continuations of Committed Loans A-42 2.04 Letters of Credit and Bankers’ Acceptances A-44 2.06 Prepayments A-55 2.07 Termination or Reduction of Commitments A-57 2.08 Repayment of Loans. A-57 2.09 Interest A-58 2.10 Fees A-58 2.12 Evidence of Debt A-59 2.13 Payments Generally; Administrative Agent’s Clawback A-60 2.14 Sharing of Payments by Lenders A-62 2.15 Increase in Term Loan Facilities A-62 ARTICLE III. SECURITY 3.01 Security A-63 3.02 Further Assurances A-64 3.03 Information Regarding Collateral A-65 ARTICLE IV. TAXES, YIELD PROTECTION AND ILLEGALITY 4.01 Taxes A-66 4.02 Illegality A-67 4.03 Inability to Determine Rates A-68 4.04 Increased Costs; Reserves on Eurocurrency Rate Loans A-68 4.05 Compensation for Losses A-69 4.06 Mitigation Obligations; Replacement of Lenders A-70 4.07 Survival A-70

Appears in 1 contract

Samples: Credit Agreement (Mueller Water Products, Inc.)

Appears in 1 contract

Samples: Limited Consent (Magnum Hunter Resources Corp)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~HOSPITALITY INVESTORS TRUST, ~~LLC~~INC., a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Maryland corporation By: /s/ ~~Xxxxxx~~ Pxxx X. Xxxxxx ~~Xxxxxx~~ Name: Pxxx X. Xxxxxx ~~Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~Title: General Counsel and Secretary HOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: ~~Magnum Hunter Resources GP~~HOSPITALITY INVESTORS TRUST, ~~LLC~~INC., a Maryland corporation, its general partner By: ~~Magnum Hunter Resources Corporation~~/s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: General Counsel and Secretary Second Amended and Restated Term Loan Agreement ADMINISTRATIVE AGENT AND COLLATERAL AGENT: CITIBANK, ~~its sole member~~ N.A. By: /s/ Hxxxx Xxxxxx X. Name: Hxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~Title: Vice President Second Amended and Restated Term Loan Agreement LENDERS: CITIBANK, ~~LLC~~N.A., ~~a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ as Initial Lender By: /s/ Hxxxx Xxxxxx X. Name: Hxxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~Title: Vice President Second Amended and Restated Term Loan Agreement DEUTSCHE BANK AG NEW YORK BRANCH, ~~LLC, a Delaware limited liability company~~ as Initial Lender By: /s/ ~~Xxxxxx~~ Gxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxx Name: Gxxxxx X. ~~Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation~~ Xxxxxxxx Title: Director By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Mxxxxx Xxxxxxxx Name: Mxxxxx Xxxxxxxx Title: Director Second Amended and Restated Term Loan Agreement JPMORGAN CHASE BANK, ~~a Kentucky corporation~~ NATIONAL ASSOCIATION, as Initial Lender By: /s/ Axxxxxx Xxxxxxx Name: Axxxxxx Xxxxxxx Title: Vice President Second Amended and Restated Term Loan Agreement SCHEDULE I COMMITMENTS AND APPLICABLE LENDING OFFICES Name of Initial Lender Commitments Domestic Lending Office Eurodollar Lending Office Citibank, N.A. $124,000,000.00 1000 Xxxxx Xxxx, OPS III, New 1000 Xxxxx Xxxx, OPS III Nxx Xxxxxx, XX 00000 Xxxxxx, XX 00000 Attn: Agency Operations Attn: Agency Operations Tel: (000) 000-0000 Tel: (000) 000-0000 Fax: (000) 000-0000 Fax: (000) 000-0000 300 Xxxxxxxxx Xxxxxx, 0xx Xx. 300 Xxxxxxxxx Xxxxxx, 0xx Xx. Xxx Xxxx, XX 00000 Nxx Xxxx, XX 00000 Attn: Dxxxx Xxxxxxxxxx Attn: Dxxxx Xxxxxxxxxx Tel: (000) 000-0000 Tel: (000) 000-0000 Fax (000) 000-0000 Fax (000) 000-0000 Deutsche Bank $124,000,000.00 90 Xxxxxx X. Xxxxxx, 1st Floor 90 Xxxxxx Xxxxxx, 1st Floor AG New York (JCY05-0199), Jersey City, New (JCY05-0199), Jersey City, Nxx Xxxxxx Xxxxxx X. 00000 Jersey 07302 Attn: Dxxxxxx Xxxx Attn: Dxxxxxx Xxxx Tel: (000) 000-0000 Tel: (000) 000-0000 Fax: (201) 500- 0000/2310 Fax: (000) 000-0000/2310 JPMorgan $62,000,000.00 300 Xxxxxxx Xxxxxx ~~Chief Financial Officer NGAS HUNTER~~383 Madison Avenue Chase Bank, ~~LLC By~~New York, New York 10179 Nxx Xxxx, Xxx Xxxx 00000 National Attention: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By~~Nxxxx Alto Attention: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By~~Nxxxx Alto Association Tel: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By~~(000) 000-0000 Tel: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By~~(000) 000-0000 Fax: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By~~(000) 000-0000 Fax: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director(000) 000-0000 Totals $310,000,000.00 SCHEDULE II COLLATERAL ASSETS

Appears in 1 contract

Samples: Security Agreement (Hospitality Investors Trust, Inc.)

Guarantors. ~~PRC WILLISTON, LLC~~XXXXX OF XXXX L.P., a ~~Delaware~~ Texas limited ~~liability company~~ partnership By: ~~Magnum Hunter Resources Corporation~~XXXXX OF XXXX NEVADA CORPORATION, ~~its sole member~~ a Nevada corporation, General Partner XXXXX OF XXXX LIMITED, a Barbados corporation HOT NEVADA, INC., a Nevada corporation XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation XXXXX OF XXXX TEXAS CORPORATION, a Texas corporation XXXXXX LABS LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner OXO INTERNATIONAL LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner PUR WATER PURIFICATION PRODUCTS, INC., a Nevada corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Title for all: Senior Vice President — Finance and Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP~~XXXXX OF XXXX MACAO COMMERCIAL OFFSHORE LIMITED, a ~~Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member~~ Macau corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~Director KAZ, ~~LLC~~INC., a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation~~New York corporation KAZ CANADA, ~~its sole member~~ INC., a Massachusetts corporation KAZ USA, INC., a Massachusetts corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Chief Financial Officer TRIAD HUNTER, LLC~~Title for all: Senior Vice President — Finance XXXXX OF XXXX LIMITED, a ~~Delaware limited liability~~ Bermuda company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Vice President EAGLE FORD HUNTER~~Chief Executive Officer GUARANTIED PARTY: BANK OF AMERICA, ~~INC.~~N.A., ~~a Colorado corporation~~ as Guarantied Party By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Senior Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorPresident

Appears in 1 contract

Samples: Guaranty Agreement (Helen of Troy LTD)

Guarantors. ~~PRC WILLISTON~~OXFORD RESOURCE PARTNERS, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter LP By Oxford Resources GP, LLC, its general partner By: ~~Magnum Hunter Resources Corporation, its sole member By:~~ /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By~~Title: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Senior Vice President and Chief Financial Officer ~~WILLISTON HUNTER INC.~~OXFORD MINING COMPANY-KENTUCKY, ~~a Delaware corporation~~ LLC By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President and Chief Financial Officer ~~WILLISTON HUNTER ND~~XXXXX COAL COMPANY, ~~LLC, a Delaware limited liability company~~ LLC By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx Title: Vice President and Assistant Treasurer ~~XXXXXX XXXXXX~~OXFORD CONESVILLE, ~~LLC, a Delaware limited liability company~~ LLC By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer OXFORD RESOURCE FINANCE CORPORATION By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer COLLATERAL AGENT: CERBERUS BUSINESS FINANCE, LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Executive Vice President ~~MAGNUM HUNTER MARKETING~~ADMINISTRATIVE AGENT: CERBERUS BUSINESS FINANCE, ~~LLC, a Delaware limited liability company~~ LLC By: /s/ Xxxx Xxxxxx X. Name: Xxxx Xxxxxx ~~Xxxxxx X. Xxxxxx~~ Title: Executive Vice President ~~and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company~~ LENDERS: ABLECO FINANCE LLC By: /s/ Xxxx Xxxxxx X. Name: Xxxx Xxxxxx ~~Xxxxxx X. Xxxxxx Executive~~ Title Senior Vice President ~~and Treasurer ADMINISTRATIVE AGENT AND LENDER~~& Director of Marketing CERBERUS LEVERED LOAN OPPORTUNITIES FUND II, L.P. By: ~~BANK OF MONTREAL~~ Cerberus Levered Opportunities II GP, LLC Its: General Partner By: /s/ Xxxx Xxxxxx ~~Xxxxxxxx~~ Name: Xxxx Xxxxxx ~~Xxxxxxxx Director~~Title: Senior Managing Director CERBERUS ASRS FUNDING LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President CERBERUS N-1 FUNDING LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President CERBERUS ONSHORE LEVERED II LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President CERBERUS ASRS HOLDINGS LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President

Appears in 1 contract

Samples: Financing Agreement (Oxford Resource Partners LP)

Guarantors. PRC WILLISTON, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTERAMERICAN APPAREL (USA), LLC By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice ~~President~~ President, General Counsel and ~~Treasurer MHR CALLCO CORPORATION~~Secretary AMERICAN APPAREL RETAIL, ~~a corporation existing under the laws of the Province of Alberta~~ INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President, General Counsel and Secretary AMERICAN APPAREL DYEING & FINISHING, INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President, General Counsel and Secretary KCL KNITTING, LLC By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President, General Counsel and Secretary FRESH AIR FREIGHT, INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President, General Counsel and Secretary INDENTURE U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx ~~Xxxxxx X. Xxxxxx~~ Xxxxx Title: Vice President ~~MHR EXCHANGECO CORPORATION~~INDENTURE EXHIBIT A [FORM OF NOTE] [PRIVATE PLACEMENT LEGEND] THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, ~~a corporation existing under the laws of the Province of Alberta By~~AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAWS. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE REOFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION. THE HOLDER OF THIS SECURITY, BY ITS ACCEPTANCE HEREOF (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS A NON-U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN OFFSHORE TRANSACTION WITHIN THE MEANING OF REGULATION S UNDER THE SECURITIES ACT AND IN ACCORDANCE WITH THE LAWS APPLICABLE TO SUCH PURCHASER IN THE JURISDICTION IN WHICH SUCH PURCHASE IS MADE, AND (2) AGREES TO OFFER, SELL OR OTHERWISE TRANSFER SUCH SECURITY, PRIOR TO THE EXPIRATION OF THE APPLICABLE HOLDING PERIOD WITH RESPECT TO RESTRICTED SECURITIES SET FORTH IN RULE 144 UNDER THE SECURITIES ACT, ONLY (A) TO THE COMPANY OR ANY SUBSIDIARY THEREOF, (B) FOR SO LONG AS THE SECURITIES ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A UNDER THE SECURITIES ACT, TO A PERSON IT REASONABLY BELIEVES IS A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHICH NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A UNDER THE SECURITIES ACT, (C) PURSUANT TO OFFERS AND SALES TO NON-U.S. PERSONS THAT OCCUR OUTSIDE THE UNITED STATES WITHIN THE MEANING OF REGULATION S UNDER THE SECURITIES ACT AND IN ACCORDANCE WITH THE LAWS APPLICABLE TO IT IN THE JURISDICTION IN WHICH SUCH PURCHASE IS MADE, (D) TO AN INSTITUTIONAL “ACCREDITED INVESTOR” WITHIN THE MEANING OF RULE 501(A)(1), (2), (3) OR (7) UNDER THE SECURITIES ACT THAT IS ACQUIRING THE SECURITY FOR ITS OWN ACCOUNT, OR FOR THE ACCOUNT OF SUCH AN INSTITUTIONAL ACCREDITED INVESTOR, FOR INVESTMENT PURPOSES AND NOT WITH A VIEW TO, OR FOR OFFER OR SALE IN CONNECTION WITH, ANY DISTRIBUTION IN VIOLATION OF THE SECURITIES ACT, (E) PURSUANT TO A REGISTRATION STATEMENT WHICH HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, OR (F) PURSUANT TO ANOTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, SUBJECT TO THE COMPANY’S AND THE TRUSTEE’S, OR REGISTRAR’S, AS APPLICABLE, RIGHT PRIOR TO ANY SUCH OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (C), (D) OR (F) TO REQUIRE THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATION AND/OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM, AND IN EACH OF THE FOREGOING CASES, A CERTIFICATE OF TRANSFER IN THE FORM APPEARING ON THE OTHER SIDE OF THIS SECURITY IS COMPLETED AND DELIVERED BY THE TRANSFEROR TO THE TRUSTEE OR REGISTRAR. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE EXPIRATION OF THE APPLICABLE HOLDING PERIOD WITH RESPECT TO RESTRICTED SECURITIES SET FORTH IN RULE 144 UNDER THE SECURITIES ACT. [REGULATION S LEGEND] THE RIGHTS ATTACHING TO THIS REGULATION S GLOBAL NOTE, AND THE CONDITIONS AND PROCEDURES GOVERNING ITS EXCHANGE FOR CERTIFICATED NOTES, ARE AS SPECIFIED IN THE INDENTURE (AS DEFINED HEREIN). NEITHER THE HOLDER NOR THE BENEFICIAL OWNERS OF THIS REGULATION S NOTE SHALL BE ENTITLED TO RECEIVE PAYMENT OF INTEREST HEREON THIS NOTE HAS BEEN ISSUED WITH “ORIGINAL ISSUE DISCOUNT” (WITHIN THE MEANING OF SECTION 1272 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED). UPON WRITTEN REQUEST, THE COMPANY WILL PROMPTLY MAKE AVAILABLE TO ANY HOLDER OF THIS NOTE THE FOLLOWING INFORMATION: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA~~(1) THE ISSUE PRICE AND DATE OF THE NOTE, (2) THE AMOUNT OF ORIGINAL ISSUE DISCOUNT ON THE NOTE AND (3) THE YIELD TO MATURITY OF THE NOTE. HOLDERS SHOULD CONTACT THE CHIEF FINANCIAL OFFICER OF THE COMPANY, XXXX XXXXXXXX, AT (000) 000-0000 OR 000 XXXXXXXXX XXXXXX, XXX XXXXXXX, XXXXXXXXXX 00000. AMERICAN APPAREL, INC.. 13.0% SENIOR SECURED NOTES DUE 2020 CUSIP No. [ ] No. [ ] $[ ] [or such other principal amount as shall be set forth in the Schedule of Exchanges of Interests in the Global Note attached hereto] American Apparel, ~~a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC.~~Inc., a Delaware corporation By(the “Company”), for value received promises to pay to [ ], or registered assigns, the principal sum of [ ] DOLLARS ($ ) [or such other principal amount as shall be set forth in the Schedule of Exchanges of Interests in the Global Note attached hereto] on [ ], 2020, and to pay interest thereon as hereinafter set forth. Interest Rate: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President~~ 13.0%, subject to increase to 15% under certain circumstances as described in Section 1 on the reverse side of this Note. Interest Payment Dates: April 15 and ~~Chief Financial Officer WILLISTON HUNTER ND~~October 15, ~~LLC~~commencing October 15, ~~a Delaware limited liability company By~~2013. Record Dates: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President~~ April 1 and ~~Treasurer XXXXXX XXXXXX~~October 1. Reference is made to the further provisions of this Note contained on the reverse side of this Note, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES COwhich will for all purposes have the same effect as if set forth at this place., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director

Appears in 1 contract

Samples: Indenture, (American Apparel, Inc)

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Appears in 1 contract

Samples: Loan Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~OXFORD RESOURCE PARTNERS, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter LP By Oxford Resources GP, LLC, its general partner By: ~~Magnum Hunter Resources Corporation, its sole member By:~~ /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By~~Title: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Senior Vice President and Chief Financial Officer ~~WILLISTON HUNTER INC.~~OXFORD MINING COMPANY-KENTUCKY, ~~a Delaware corporation~~ LLC By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President and Chief Financial Officer ~~WILLISTON HUNTER ND~~XXXXX COAL COMPANY, LLC By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President and Assistant Treasurer OXFORD CONESVILLE, LLC By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer OXFORD RESOURCE FINANCE CORPORATION By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Chief Financial Officer COLLATERAL AGENT AND ADMINISTRATIVE AGENT: OBSIDIAN AGENCY SERVICES, INC. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President LENDERS: XXXXXXXXXX OPPORTUNITIES PARTNERS V, XX XXXXXXXXXX OPPORTUNITIES FUND VI, LLC, ~~a Delaware limited liability company~~ each as Lenders By: Xxxxxxxxxx Capital Partners, LLC, its Investment Manager By: /s/ Xxxxxx X. ~~Xxxxxx~~ Xxxxxxxxx Name: Xxxxxx X. ~~Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~Xxxxxxxxx Title: Managing Partner LENDERS: PIMCO DISTRESSED CREDIT FUND, L.P. By: PIMCO GP VII, LLC, ~~a Delaware limited liability company~~ its general partner By: PACIFIC INVESTMENT MANAGEMENT COMPANY LLC, its Managing Member By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President ~~MAGNUM HUNTER MARKETING~~LENDERS: PIMCO DISTRESSED CREDIT FUND, L.P. By: PIMCO GP VII, LLC, ~~a Delaware limited liability company~~ its general partner By: PACIFIC INVESTMENT MANAGEMENT COMPANY LLC, its managing member By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx ~~Executive~~ Title: Senior Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorPresident

Appears in 1 contract

Samples: Financing Agreement (Oxford Resource Partners LP)

Guarantors. ~~PRC WILLISTON~~CORESITE REALTY CORPORATION, ~~LLC~~a Maryland Corporation By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Chief Financial Officer CORESITE REAL ESTATE 70 INNERBELT, L.L.C., a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation~~CORESITE REAL ESTATE 000 X. XXXXXXX, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~L.P., a Delaware limited partnership By: ~~Magnum Hunter Resources~~ CORESITE REAL ESTATE 900 N. Alameda GP, ~~LLC~~L.L.C., a Delaware limited liability company, its general partner XXXXXXXX XXXX XXXXXX 0000 XXXXXXXX, X.X., a Delaware limited partnership By: ~~Magnum Hunter Resources Corporation~~XXXXXXXX XXXX XXXXXX 0000 XXXXXXXX XX, L.L.C., a Delaware limited liability company, its ~~sole member~~ general partner CORESITE REAL ESTATE 1656 XXXXXXXX, X.X., a Delaware limited partnership By: ~~/s/ Xxxxxx~~ CORESITE REAL ESTATE 1656 XXXXXXXX XX, L.L.C., a Delaware limited liability company, its general partner CORESITE REAL ESTATE 427 X. ~~Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~XXXXXXX, ~~LLC~~L.L.C., a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation~~CORESITE REAL ESTATE 2972 XXXXXXX, X.X., a Delaware limited partnership, By CORESITE REAL ESTATE 2972 XXXXXXX XX, L.L.C., a Delaware limited liability company, its ~~sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC~~general partner CORESITE REAL ESTATE 00000 XXXXXXX XXXXXX XXXXX L.L.C., a Delaware limited liability company ~~By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~CORESITE REAL ESTATE 0000 XX 00XX XXXXXX, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLCL.L.C., a Delaware limited liability company ~~By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX~~CORESITE ONE WILSHIRE, ~~LLC~~L.L.C., a Delaware limited liability company ~~By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~CORESITE REAL ESTATE 55 S. MARKET STREET, ~~LLC~~L.L.C., a Delaware limited liability company ~~By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~XXXXXXXX XXXX XXXXXX 0000 XXXXXXXX, ~~INC.~~X.X., a Delaware limited ~~liability company~~ partnership By: /s/ ~~Xxxxxx~~ Xxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxxxxx X. Xxxxxx ~~Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER~~Title: ~~BANK OF MONTREAL By~~Chief Financial Officer Address for Notices: ~~/s/~~ CoreSite, L.P. 0000 00xx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attn: General Counsel Telecopy No.: (000) 000-0000 With a copy to: Xxxxxx & Xxxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxxxx, Esquire Telecopy No.: (000) 000-0000 With a copy to: Xxxxxx & Xxxxxxx LLP 000 Xxxxxxxx ~~Xxxxxx Xxxxxxxx Director~~Xxxxxx, XX, Xxxxx 0000 Xxxxxxxxxx, XX 00000-0000 Attn: Xxxxxxx X. Xxxxxxx, Esquire Telecopy No.: (000) 000-0000

Appears in 1 contract

Samples: Term Loan Agreement (CoreSite Realty Corp)

Guarantors. ~~PRC WILLISTON~~MSC EQUITY HOLDING, LLC (F/K/A HMS EQUITY HOLDING, LLC), a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation~~MSC INCOME FUND, INC. (F/K/A HMS INCOME FUND, INC.), a Maryland corporation, its ~~sole member~~ Managing Member By: /s/ ~~Xxxxxx~~ Cxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Cxxx X. ~~Xxxxxx~~ Xxxxxxx Title: Chief ~~Financial~~ Accounting Officer ~~MAGNUM HUNTER RESOURCES LP~~MSC EQUITY HOLDING II, INC. (F/K/A HMS EQUITY HOLDING II, INC.), a Delaware ~~limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member~~ corporation By: /s/ ~~Xxxxxx~~ Cxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Cxxx X. ~~Xxxxxx~~ Xxxxxxx Title: Chief ~~Financial~~ Accounting Officer ~~MAGNUM HUNTER RESOURCES GP,~~ MSC CALIFORNIA HOLDINGS GP LLC (F/K/A HMS CALIFORNIA HOLDINGS GP LLC~~, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC~~), a Delaware limited liability company By: /s/ ~~Xxxxxx~~ Cxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Cxxx X. ~~Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation By~~Xxxxxxx Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Chief ~~Financial~~ Accounting Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLCMSC CALIFORNIA HOLDINGS LP (F/K/A HMS CALIFORNIA HOLDINGS LP), a Delaware limited ~~liability company~~ partnership By: /s/ ~~Xxxxxx~~ Cxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Cxxx X. ~~Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By~~Xxxxxxx Title: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer Chief Accounting Officer ADMINISTRATIVE AGENT AND LENDER: ~~BANK OF MONTREAL~~ TIAA, FSB By: /s/ Mxxxxx X’Xxxxx Name: Mxxxxx X’Xxxxx Title: Director LENDER: VERITEX COMMUNITY BANK By: /s/ Cxxx X. Xxxxxx ~~Xxxxxxxx~~ Name: Cxxx X. Xxxxxx ~~Xxxxxxxx Director~~Title: Executive Vice President

Appears in 1 contract

Samples: Credit Agreement (MSC Income Fund, Inc.)

Guarantors. ~~PRC WILLISTON~~XXXXXX VALIDUS MISSION CRITICAL REIT, INC., a Maryland corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer (CORPORATE SEAL) HC-2501 W XXXXXXX XXXXXX DR, LLC, a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation~~Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: ~~/s/~~ Xxxxxx ~~X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~Validus Mission Critical REIT, Inc., a ~~Delaware limited partnership By: Magnum Hunter Resources GP, LLC~~Maryland corporation, its ~~general partner By: Magnum Hunter Resources Corporation, its sole member~~ General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx Title: Chief ~~Financial~~ Executive Officer ~~MAGNUM HUNTER RESOURCES GP~~(CORPORATE SEAL) DC-19675 W. TEN MILE, LLC, a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation~~Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx Title: Chief ~~Financial~~ Executive Officer ~~TRIAD HUNTER~~(CORPORATE SEAL) DC-1221 XXXX ROAD, LLC, a Delaware limited liability company By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~Xxxxxx/Validus Operating Partnership, ~~INC.~~LP, a ~~Colorado corporation~~ Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By~~Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Chief ~~Financial~~ Executive Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND(CORPORATE SEAL) DC-5000 XXXXX ROAD, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx ~~Vice President and Treasurer XXXXXX~~ Title: Chief Executive Officer (CORPORATE SEAL) XX-0000 XXXXX XXXXXX, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx Title: Chief Executive ~~Vice President MAGNUM HUNTER MARKETING~~Officer (CORPORATE SEAL) HC-17322 RED OAK DRIVE, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ ~~Xxxxxx~~ Xxxx X. Xxxxxx ~~Xxxxxx~~ Name: Xxxx X. Xxxxxx Title: Chief Executive ~~Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Officer (CORPORATE SEAL) GREEN WELLNESS INVESTORS, ~~INC.~~LLLP, a Florida limited liability limited partnership By: XX-0000 Xxxx Xxxx Xxxxxxxxx, XXX, a Delaware limited liability company, its General Partner By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer (CORPORATE SEAL) XX-0000 XXXX XXXX XXXXXXXXX, XXX, a Delaware limited liability company By: ~~/s/~~ Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx ~~X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL~~ Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx X. Xxxxxx ~~Xxxxxxxx~~ Name: Xxxx X. Xxxxxx ~~Xxxxxxxx Director~~Title: Chief Executive Officer (CORPORATE SEAL)

Appears in 1 contract

Samples: Credit Agreement (Carter Validus Mission Critical REIT, Inc.)

Guarantors. ~~PRC WILLISTON~~XXXXX OF XXXX L.P., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner XXXXX OF XXXX LIMITED, a Bermuda company XXXXX OF XXXX LIMITED, a Barbados corporation HOT NEVADA, INC., a Nevada corporation XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation XXXXX OF XXXX TEXAS CORPORATION, a Texas corporation XXXXXX LABS LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner OXO INTERNATIONAL LTD., a Texas limited partnership By: XXXXX OF XXXX NEVADA CORPORATION, a Nevada corporation, General Partner PUR WATER PURIFICATION PRODUCTS, INC., a Nevada corporation KAZ, INC., a New York corporation KAZ CANADA, INC., a Massachusetts corporation HEALTHY DIRECTIONS, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GPDOCTORS’ PREFERRED, LLC, a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~HEALTHY DIRECTIONS PUBLISHING, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx~~ Xxxxx X. ~~Xxxxxx Xxxxxx~~ Grass Xxxxx X. ~~Xxxxxx Vice President EAGLE FORD HUNTER, INC.~~Grass Title for all: Chief Financial Officer XXXXX OF XXXX MACAO COMMERCIAL OFFSHORE LIMITED, a ~~Colorado~~ Macau corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC.~~Director GUARANTIED PARTY: BANK OF AMERICA, ~~a Kentucky corporation~~ N.A., as Guarantied Party By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx Name: Xxxxxxx X. ~~Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By~~Xxxxxxx Title: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorPresident

Appears in 1 contract

Samples: Guaranty Agreement (Helen of Troy LTD)

Guarantors. ~~PRC WILLISTON~~CORESITE REALTY CORPORATION, ~~LLC~~a Maryland corporation By: /s/ Jxxxxxx X. Xxxxxx Name: Jxxxxxx X. Xxxxxx Title: Chief Financial Officer CORESITE REAL ESTATE 70 INNERBELT, L.L.C., a Delaware limited liability company ~~By: Magnum Hunter Resources Corporation~~CORESITE REAL ESTATE 900 X. XXXXXXX, ~~its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~L.P., a Delaware limited partnership By: ~~Magnum Hunter Resources~~ CORESITE REAL ESTATE 900 N. ALAMEDA GP, ~~LLC~~L.L.C., a Delaware limited liability company, its general partner CXXXXXXX XXXX XXXXXX 0000 XXXXXXXX, X.X., a Delaware limited partnership By: CXXXXXXX XXXX XXXXXX 0000 XXXXXXXX XX, L.L.C., a Delaware limited liability company, its general partner CORESITE REAL ESTATE 1656 MXXXXXXX, X.X., a Delaware limited partnership By: CORESITE REAL ESTATE 1656 MXXXXXXX XX, L.L.C., a Delaware limited liability company, its general partner CORESITE REAL ESTATE 427 S. XXXXXXX, L.L.C., a Delaware limited liability company CORESITE REAL ESTATE 2972 SXXXXXX, X.X., a Delaware limited partnership By: CORESITE REAL ESTATE 2972 SXXXXXX XX, L.L.C., a Delaware limited liability company, its general partner CORESITE REAL ESTATE 10000 XXXXXXX XXXXXX XXXXX L.L.C., a Delaware limited liability company CORESITE REAL ESTATE 2000 XX 00XX XXXXXX, L.L.C., a Delaware limited liability company CORESITE ONE WILSHIRE, L.L.C., a Delaware limited liability company CORESITE REAL ESTATE 55 S. MARKET STREET, L.L.C., a Delaware limited liability company CXXXXXXX XXXX XXXXXX 0000 XXXXXXXX, X.X., a Delaware limited partnership By: CXXXXXXX XXXX XXXXXX 0000 XXXXXXXX XX, L.L.C., a Delaware limited liability company, its general partner By: ~~Magnum Hunter Resources Corporation, its sole member By:~~ /s/ ~~Xxxxxx~~ Jxxxxxx X. Xxxxxx ~~Xxxxxx~~ Name: Jxxxxxx X. Xxxxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP~~Address for Notices: CoreSite, L.P. 1000 00xx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attn: General Counsel Telecopy No.: (000) 000-0000 With a copy to: Lxxxxx & Wxxxxxx LLP 800 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Dxxx Xxxxxxx, Esquire Telecopy No.: (000) 000-0000 With a copy to: Lxxxxx & Wxxxxxx LLP 500 Xxxxxxxx Xxxxxx, XX, Xxxxx 0000 Xxxxxxxxxx, XX 00000-0000 Attn: Bxxxxxxx Xxxxxx, Esquire Telecopy No.: (000) 000-0000 ANNEX A [Attached.] CONFORMED COPY REFLECTING FIRST AMENDMENT DATED AS OF APRIL 19, 2018 AND SECOND AMENDMENT DATED AS OF NOVEMBER 8, 2019 AMENDED AND RESTATED TERM LOAN AGREEMENT DATED AS OF APRIL 19, 2017 As amended by FIRST AMENDMENT TO AMENDED AND RESTATED TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS dated as of April 19, 2018 As further amended by SECOND AMENDMENT TO AMENDED AND RESTATED TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS dated as of November 8, 2019 by and among CORESITE, L.P., AS BORROWER, ROYAL BANK OF CANADA, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT, OTHER LENDERS THAT MAY BECOME PARTIES TO THIS AGREEMENT, AND ROYAL BANK OF CANADA, AS ADMINISTRATIVE AGENT, WITH REGIONS BANK, AS SYNDICATION AGENT RBC CAPITAL MARKETS,* REGIONS CAPITAL MARKETS, TD SECURITIES (USA) LLC AND WXXXX FARGO SECURITIES, LLC, ~~a Delaware limited liability company By: Magnum Hunter Resources Corporation,~~ AS JOINT LEAD ARRANGERS AND JOINT BOOK MANAGERS * RBC Capital Markets is the global brand name for the corporate and investment banking business of Royal Bank of Canada and its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INCaffiliates., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director

Appears in 1 contract

Samples: Term Loan Agreement (CoreSite Realty Corp)

Guarantors. PRC WILLISTON, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES NGL ENERGY PARTNERS LP, a Delaware limited partnership By: ~~Magnum Hunter Resources GP~~/s/ H. Xxxxxxx Xxxxxxxx Name: H. Xxxxxxx Xxxxxxxx Title: Chief Executive Officer DEUTSCHE BANK TRUST COMPANY AMERICAS, ~~LLC, its general partner~~ as Administrative Agent and as Collateral Agent By: ~~Magnum Hunter Resources Corporation~~/s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Associate DEUTSCHE BANK AG NEW YORK BRANCH, ~~its sole member~~ as a Lender, as Swingline Lender, as an Issuing Bank and as Technical Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Director By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Director ROYAL BANK OF CANADA, as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Signatory BNP PARIBAS, as a Lender and Issuing Bank By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Managing Director PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxxxx Title: Vice President THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory BMO XXXXXX BANK, N.A, as a Lender By: /s/ Xxxxxxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Director THE F&M BANK AND TRUST COMPANY, as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Senior Vice President XXXXXXX XXXXX BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President ABN AMRO CAPITAL USA LLC, as a ~~Delaware limited liability company~~ Lender By: ~~Magnum Hunter Resources Corporation~~/s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director BANK OF AMERICA, ~~its sole member~~ N.A., as a Lender By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Assistant Vice President BOKF, NA d/b/a BANK OF OKLAHOMA, as a Lender By: J. Xxxx Xxxxxx Name: J. Xxxx Xxxxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx ~~Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~Xxxxxxx Title: Vice President COMMERCE BANK, ~~LLC~~N.A., as a ~~Delaware limited liability company~~ Lender By: /s/ C. T. Young Name: C. T. Young Title: Senior Vice President XXXXXXX XXXXX BANK USA, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory MAQUARIE BANK LIMITED, as a Lender By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx ~~Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER, INC., a Colorado corporation~~ XxXxxxx Title: Executive Director By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx X. Title: Associate Director EXHIBIT I SCHEDULE 1.1A REVOLVING CREDIT COMMITMENTS Lender Acquisition Revolving Commitment Working Capital Revolving Commitment Total Commitments Deutsche Bank AG, New York Branch $ 77,069,805.19 $ 35,430,194.81 $ 112,500,000.00 Royal Bank of Canada $ 77,069,805.19 $ 35,430,194.81 $ 112,500,000.00 PNC Bank, National Association $ 68,506,493.51 $ 31,493,506.49 $ 100,000,000.00 BNP Paribas $ 51,379,870.13 $ 23,620,129.87 $ 75,000,000.00 The Royal Bank of Scotland plc $ 51,379,870.13 $ 23,620,129.87 $ 75,000,000.00 Bank of America, N.A. $ 41,103,896.10 $ 18,896,103.90 $ 60,000,000.00 BMO Xxxxxx ~~Secretary MAGNUM HUNTER PRODUCTION INC.~~Bank N.A. $ 34,253,246.75 $ 15,746,753.25 $ 50,000,000.00 BOKF, NA d/b/a ~~Kentucky corporation By~~Bank of Oklahoma $ 17,126,623.38 $ 7,873,376.62 $ 25,000,000.00 SunTrust Bank $ 17,126,623.38 $ 7,873,376.62 $ 25,000,000.00 UBS AG, Stamford Branch $ 17,126,623.38 $ 7,873,376.62 $ 25,000,000.00 ABN AMRO Capital USA LLC $ 17,126,623.38 $ 7,873,376.62 $ 25,000,000.00 Xxxxxxx Xxxxx Bank, N.A. $ 17,126,623.38 $ 7,873,376.62 $ 25,000,000.00 The F&M Bank and Trust Company $ 10,275,974.03 $ 4,724,025.97 $ 15,000,000.00 Amegy Bank National Association $ 10,275,974.03 $ 4,724,025.97 $ 15,000,000.00 Commerce Bank, N.A. $ 6,850,649.35 $ 3,149,350.65 $ 10,000,000.00 Xxxxxxx Sachs Bank USA $ 6,850,649.35 $ 3,149,350.65 $ 10,000,000.00 Macquarie Bank Limited $ 6,850,649.35 $ 3,149,350.65 $ 10,000,000.00 Total Commitments: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director$ 527,500,000.00 $ 242,500,000.00 $ 770,000,000.00

Appears in 1 contract

Samples: Credit Agreement (NGL Energy Partners LP)

Guarantors. ~~PRC WILLISTON~~HXXXXXX BENT TREE GREEN, LLC, a ~~Delaware~~ Texas limited liability company By: ~~Magnum Hunter Resources Corporation~~Hxxxxxx Income REIT Management, ~~its sole member~~ Inc., a Texas corporation, Manager By: ~~/s/ Xxxxxx~~ Axxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx, President STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on ___________________, 2014, by Axxxx X. ~~Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP~~Xxxxxxx, the President of Hxxxxxx Income REIT Management, Inc., a ~~Delaware limited partnership By: Magnum Hunter Resources GP~~Texas corporation, ~~LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP~~the manager of HXXXXXX BENT TREE GREEN, LLC, a ~~Delaware~~ Texas limited liability company (the “Company”), on behalf of the Company. Given under my hand and seal of office this ____ day of _______________, 2014. [AFFIX NOTARIAL SEAL] Notary Public in and for Printed Name: My Commission Expires: HXXXXXX CXXXXX STREET PLAZA, LLC, a Texas limited liability company By: ~~Magnum Hunter Resources Corporation~~Hxxxxxx Income REIT Management, ~~its sole member~~ Inc., a Texas corporation, Manager By: ~~/s/ Xxxxxx~~ Axxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx, President STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on ___________________, 2014, by Axxxx X. ~~Xxxxxx Chief Financial Officer TRIAD HUNTER~~Xxxxxxx, the President of Hxxxxxx Income REIT Management, Inc., a Texas corporation, the manager of HXXXXXX CXXXXX STREET PLAZA, LLC, a ~~Delaware~~ Texas limited liability company (the “Company”), on behalf of the Company. Given under my hand and seal of office this ____ day of _______________, 2014. [AFFIX NOTARIAL SEAL] Notary Public in and for Printed Name: My Commission Expires: [SIGNATURES CONTINUED FROM PRECEDING PAGE] HXXXXXX RXXXXXXXXX HEIGHTS PROPERTIES, LLC,a Texas limited liability company By: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President EAGLE FORD HUNTER~~Hxxxxxx Income REIT Management, ~~INC.~~Inc., a ~~Colorado corporation~~ Texas corporation, Manager By: ~~/s/ Xxxxxx~~ Axxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxx, President STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on ___________________, 2014, by Axxxx X. ~~Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Xxxxxxx, the President of Hxxxxxx Income REIT Management, Inc., a ~~Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER~~Texas corporation, ~~LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under~~ the ~~laws~~ manager of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER NDHXXXXXX RXXXXXXXXX HEIGHTS PROPERTIES, LLC, a ~~Delaware~~ Texas limited liability company By(the “Company”), on behalf of the Company. Given under my hand and seal of office this ____ day of _______________, 2014. [AFFIX NOTARIAL SEAL] Notary Public in and for Printed Name: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorMy Commission Expires:

Appears in 1 contract

Samples: Limited Guaranty (Hartman Short Term Income Properties XX, Inc.)

Appears in 1 contract

Samples: Subordination Agreement (Mithaq Capital SPC)

Guarantors. ~~PRC WILLISTON, LLC~~XXXXXXX XXXXXXX INC., a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation~~Maryland corporation XXXXXX COMPANY, ~~its sole member~~ a Wisconsin corporation By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx~~ Xxxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES LP~~CS BUSINESS TRUST I, a ~~Delaware limited partnership By: Magnum Hunter Resources GP~~Maryland Statutory Trust CS BUSINESS TRUST II, ~~LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member~~ a Maryland Statutory Trust By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx~~ Xxxxx Title: Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTERand Trustee XXXXXXX XXXXXXX ADVISORS MANAGEMENT, LLC, a Delaware limited liability company By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx Vice President EAGLE FORD HUNTER~~Xxxxx Title: Manager AUGUSTA MEDICAL PARTNERS, ~~INC.~~LLC, a ~~Colorado corporation~~ Georgia limited liability company CAROLINA FOREST PLAZA, LLC, a South Carolina limited liability company FRANCISCAN DEVELOPMENT COMPANY, LLC, a North Carolina limited liability company 200 XXXXXXX, LLC, a South Carolina limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER NDXxxxxxx Xxxxxxx Advisors Management, LLC, a Delaware limited liability ~~company~~ company, its Manager By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx Vice President and Treasurer~~ Xxxxx Title: Manager AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT Signature Page CABARRUS POB, LP, a North Carolina limited partnership XXXXXXX INVESTORS (BIRKDALE), LP, a North Carolina limited partnership XXXXXXX INVESTORS (BIRKDALE II), LP, a North Carolina limited partnership XXXXXXX INVESTORS (MALLARD), LP, a North Carolina limited partnership XXXXXXXXXXX MOB, LP, a North Carolina limited partnership EAST ROCK MOUNT KIDNEY CENTER ASSOCIATES, LP, a North Carolina limited partnership XXXXXX ~~XXXXXX~~MOB, LP, a North Carolina limited partnership XXXX XXXXX WESTSIDE MEDICAL PARK I LIMITED PARTNERSHIP, a South Carolina limited partnership MEDICAL INVESTORS III, LP, a South Carolina limited partnership XXXX XXXXXXX XXXXXX X, XX, x Xxxxx Xxxxxxxx limited partnership By: Xxxxxxx Xxxxxxx Advisors Management, LLC, a Delaware limited liability ~~company~~ company, its General Partner By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING~~Xxxxx Title: Manager XXXXXXX MOB, LP, a California limited partnership By: Xxxxxxx Management, LLC, a ~~Delaware~~ California limited liability ~~company~~ company, its General Partner By: /s/ ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxx Name: Xxxxxxx X. ~~Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO.~~Xxxxx Title: Manager AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT Signature Page BANK OF AMERICA, ~~INC.~~N.A., ~~a Delaware limited liability company~~ as Administrative Agent By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Xxxx Redhead Name: Xxxx Redhead Title: Senior Vice President ~~and Treasurer ADMINISTRATIVE AGENT~~ AMENDMENT NO. 2 TO AMENDED AND ~~LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Director~~RESTATED CREDIT AGREEMENT Signature Page

Appears in 1 contract

Samples: Credit Agreement (Cogdell Spencer Inc.)

Appears in 1 contract

Samples: Credit Agreement and Limited Waiver (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON~~LANDMARK INFRASTRUCTURE PARTNERS LP, ~~LLC,~~ as a ~~Delaware limited liability company~~ Guarantor By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, Landmark Infrastructure Partners GP LLC, its general partner By: ~~Magnum Hunter Resources Corporation~~/s/ Gxxxxx Xxxxx Name: Gxxxxx Xxxxx Title: Chief Financial Officer LANDMARK INFRASTRUCTURE ASSET OPCO LLC LANDMARK INFRASTRUCTURE OPCO-R LLC LANDMARK INFRASTRUCTURE REIT LLC LANDMARK INFRASTRUCTURE REITCO I LLC LANDMARK INFRASTRUCTURE REITCO II LLC LANDMARK INFRASTRUCTURE REITCO III LLC LANDMARK PR ACQUISITION COMPANY LLC LD ACQUISITION COMPANY LLC LD ACQUISITION COMPANY 2 LLC LD ACQUISITION COMPANY 5 LLC LD ACQUISITION COMPANY 6 LLC LD ACQUISITION COMPANY 7 LLC LD ACQUISITION COMPANY 11 LLC LD ACQUISITION COMPANY 12 LLC LD FLEXGRID DALLAS LLC LD SIXTH STREET LLC LD TALL WALL I LLC MXXXXXX HOLDINGS I, ~~its sole member~~ LLC MD7 CAPITAL THREE, LLC MD7 FUNDING ONE, LLC VERUS MANAGEMENT TWO, LLC, each as a Guarantor By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Gxxxxx Xxxxx Name: Gxxxxx Xxxxx Title: Chief Financial Officer ~~MAGNUM HUNTER RESOURCES GP~~SUNTRUST BANK, ~~LLC~~As Administrative Agent, as an Issuing Bank, as Swingline Lender and as a ~~Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER~~Sxxxxxxx Xxxxxxx Name: Sxxxxxxx Xxxxxxx Title: Vice President CITIZENS BANK, ~~LLC~~N.A., as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Kxxxx Xxxxxxx Name: Kxxxx Xxxxxxx Title: Senior Vice President ~~EAGLE FORD HUNTER~~REGIONS BANK, ~~INC.,~~ as a ~~Colorado corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC.~~Bxxxx Xxxxxxx Name: Bxxxx Xxxxxxx Title: Director TEXAS CAPITAL BANK, N.A., as a ~~Kentucky corporation~~ Lender By: /s/ ~~Xxxxxx~~ Kxxx X. ~~Xxxxxx Xxxxxx~~ Xxxxxxxxx Name: Kxxx X. ~~Xxxxxx Chief Financial Officer NGAS HUNTER~~Xxxxxxxxx Title: Executive Vice President RXXXXXX JXXXX BANK, ~~LLC~~ N.A., as a Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Cxxx Xxxxxxxx Name: Cxxx Xxxxxxxx Title: Vice President ~~and Treasurer MHR CALLCO CORPORATION~~CITY NATIONAL BANK, as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Bxxxxxx Xxxxxxxxx Name: Bxxxxxx Xxxxxxxxx Title: Senior Vice President ~~MHR EXCHANGECO CORPORATION~~ING CAPITAL LLC, as a ~~corporation existing under the laws of the Province of Alberta~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta~~ Pxx Xxxxxxxxxx Name: Pxx Xxxxxxxxxx Title: Managing Director By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive~~ Jxxxxxxx Xxxx Name: Jxxxxxxx Xxxx Title: Vice President ~~and Chief Financial Officer WILLISTON HUNTER INC.~~ROYAL BANK OF CANADA, as a ~~Delaware corporation~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND~~Kxxxx Xxxx Name: Kxxxx Xxxx Title: Authorized Signatory VERITEX COMMUNITY BANK, ~~LLC~~as Successor-in-Interest to Green Bank, N.A., as a ~~Delaware limited liability company~~ Lender By: /s/ ~~Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By~~Gxxx Xxxxxxxxxx Name: ~~/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx~~ Gxxx Xxxxxxxxxx Title: Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx DirectorPresident

Appears in 1 contract

Samples: Credit Agreement (Landmark Infrastructure Partners LP)

Guarantors. PRC ~~WILLISTON,~~ WILLISTON LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer TRIAD HUNTER, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Vice President EAGLE FORD HUNTER~~Chief Financial Officer XXXXXX RESOURCES, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Treasurer ADMINISTRATIVE AGENT AND LENDER: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx ~~Director~~Director SYNDICATION AGENT AND LENDER CAPITAL ONE, N.A. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx Vice President UBS LOAN FINANCE LLC By: _____________________________________ Name: ___________________________________ Title: ____________________________________ By: _____________________________________ Name: ___________________________________ Title: ____________________________________ AMEGY BANK NATIONAL ASSOCIATION By: _____________________________________ Name: ___________________________________ Title: ____________________________________ KEYBANK NATIONAL ASSOCIATION By: _____________________________________ Name: ___________________________________ Title: ____________________________________ EXHIBIT A Form of Officer’s Certificate The undersigned hereby certifies that he is the Chief Financial Officer of Magnum Hunter Resources Corporation, a Delaware corporation (the “Borrower”) and that as such he is authorized to execute this certificate on behalf of the Borrower. With reference to the Amended and Restated Credit Agreement, dated as of February 12, 2010 (the “Credit Agreement”; capitalized terms used herein have the same meanings given to such terms in the Credit Agreement), among the Borrower, certain lenders party thereto, Bank of Montreal, as Administrative Agent and Capital One, N.A., as Syndication Agent, the undersigned hereby designates Eureka Hunter Pipeline, LLC, a Delaware limited liability company (“Eureka Hunter”) as an Unrestricted Subsidiary on behalf of the Borrower and certifies as follows:

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Guarantors. ~~PRC WILLISTON, LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chief Financial Officer~~ MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: ~~Magnum Hunter Resources Corporation, its sole member By:~~ /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Chief Financial Officer~~ Senior Vice President and Treasurer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: ~~Magnum Hunter Resources Corporation, its sole member By:~~ /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Chief Financial Officer~~ Senior Vice President and Treasurer TRIAD HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President ~~EAGLE FORD HUNTER, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Secretary~~ and Treasurer MAGNUM HUNTER PRODUCTION INC., a Kentucky corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Chief Financial Officer~~ Senior Vice President and Treasurer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President and Treasurer MHR CALLCO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President MHR EXCHANGECO CORPORATION, a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President WILLISTON HUNTER XXXXXX XXXXXX CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Executive Vice President and~~ Chief Financial Officer WILLISTON HUNTER INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer WILLISTON HUNTER ND, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President and Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Executive~~ Senior Vice President and Treasurer MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Executive~~ Senior Vice President and Treasurer VIKING INTERNATIONAL RESOURCES CO., INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President and Treasurer SHALE HUNTER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx ~~Executive~~ Senior Vice President and Treasurer HUNTER REAL ESTATE, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President and Treasurer TRIAD HOLDINGS, LLC, an Ohio limited liability company By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Senior Vice President and Treasurer ADMINISTRATIVE AGENT AND ~~LENDER~~COLLATERAL AGENT: ~~BANK OF MONTREAL~~ CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxx Xxxxx Name: XXXXX XXXXX Title: AUTHORIZED SIGNATORY By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Authorized Signatory ABS Loans 2007 Limited, a subsidiary of Xxxxxxx Xxxxx Institutional Funds II PLC, as a Lender By: /s/ Simon Firbank Name: Simon Firbank Title: Authorised Signatory By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Authorised Signatory Advanced Series Trust – AST Xxxxxxx Xxxxx Multi-Asset Portfolio By: Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Tactical Tilt Fund, LLC by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment adviser and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Sachs Trust – Xxxxxxx Xxxxx Tactical Tilt Implementation Fund by Xxxxxxx Sachs Asset Management, L.P. solely as its investment adviser and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Energy Investment Opportunities Master Fund LP By: EIO GP LLC, its General Partner By: Xxxxxxx Xxxxx Asset Management, L.P., its managing member, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] The Regents of the University of California By:Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Northrop Grumman Pension Master Trust by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Nomura Multi Managers Fund – Global Bond by Xxxxxxx Sachs Asset Management, L.P. solely as its investment sub-adviser and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] MeadWestvaco Corporation Master Retirement Trust By:Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] [SIGNATURE PAGE TO AMENDMENT (SECOND LIEN)] Lyondell Master Trust By:Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] LOCKHEED XXXXXX INVESTMENT MANAGEMENT COMPANY for the benefit of Lockheed Xxxxxx Corporation Master Retirement Trust by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment manager and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Sachs Variable Insurance Trust on behalf of its series, Xxxxxxx Xxxxx Strategic Income Fund by Xxxxxxx Sachs Asset Management, L.P. solely as its investment adviser and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Strategic Income Fund by Xxxxxxx Sachs Asset Management, L.P. as investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Lux Investment Funds for the benefit of Xxxxxxx Sachs High Yield Floating Rate Portfolio (Lux) by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Sachs Trust – Xxxxxxx Xxxxx Income Builder Fund By: Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Trust on behalf of the Xxxxxxx Sachs High Yield Fund By: Xxxxxxx Xxxxx Asset Management, L.P. as investment advisor, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Sachs Trust on behalf of the Xxxxxxx Xxxxx High Yield Floating Rate Fund By: Xxxxxxx Sachs Asset Management, L.P. as investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Global Opportunities Fund, LLC By: Xxxxxxx Sachs Asset Management, L.P., not in its individual capacity, but solely as investment adviser, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Global Opportunities Fund Offshore, LTD. By: Xxxxxxx Sachs Asset Management, L.P., not in its individual capacity, but solely as investment adviser, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Xxxxxxx Xxxxx Lux Investment Funds for the benefit of Xxxxxxx Sachs Global Multi-Sector Credit Portfolio (Lux) by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Fire and Police Pension Association of Colorado by Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] [SIGNATURE PAGE TO AMENDMENT (SECOND LIEN)] Factory Mutual Insurance Company By: Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment manager and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Catholic Health Partners by Xxxxxxx Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Banner Health by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] Advanced Series Trust – AST Xxxxxxx Sachs Strategic Income Portfolio by Xxxxxxx Xxxxx Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Authorized Signatory [By: Name: Title:] BLT I LLC, as a Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Authorized Signatory BLT VI LLC, as a Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Authorized Signatory CREDIT SUISSE LOAN FUNDING LLC, as a Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx ~~Xxxxxxxx~~ Xxxxxx ~~Xxxxxxxx Director~~Name: Xxxxxx Xxxxxx Title: Authorized Signatory [SIGNATURE PAGE TO AMENDMENT (SECOND LIEN)] HBK MASTER FUND L.P., as a Lender By: HBK Services LLC, Investment Advisor By: /s/ Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxx X. Xxxxxxx Title: Authorized Signatory

Appears in 1 contract

Samples: Credit Agreement and Limited Waiver (Magnum Hunter Resources Corp)

Appears in 1 contract

Samples: Credit Agreement and Limited Waiver (Magnum Hunter Resources Corp)

Common use of Guarantors Clause in Contracts