INDEX OF SCHEDULES AND EXHIBITS. Schedule A Revolving Commitment – Pro Rata Share Schedule 1.1a Advance Rates Schedule 1.1b Eligible Leases Schedule 1.1c Equipment Schedule 1.1d Excluded Assets Schedule 1.1e Material Contracts Schedule 1.1f Permitted Indebtedness Schedule 1.1g Permitted Liens/Liens of Record Schedule 1.1h Schedule of Documents Schedule 1.1i Spot Market Assets Schedule 5.2 Executive Offices; Corporate or Other Names; Conduct of Business Schedule 5.7 No Other Liabilities; No Material Adverse Changes Schedule 5.9 Trade Names Schedule 5.10 Litigation Schedule 5.17 Hazardous Materials Schedule 5.19 Insurance Schedule 5.22 Depreciation Policies Schedule 6.4 Insurance as of the Closing Date Schedule 7.13 Indebtedness and Guaranteed Indebtedness existing on the Closing Date Schedule 7.19 Investments Existing as of the Closing Date Exhibit A Form of Borrowing Base Certificate Exhibit B Form of Borrowing Notice Exhibit C Form of Compliance Certificate Exhibit D Form of Commitment Assignment and Acceptance Exhibit E Form of Mortgage Exhibit F Form of Beneficial Interest Pledge Agreement Exhibit G Form of Owner Trustee Mortgage Exhibit H Form of Owner Trustee Guaranty Exhibit I Form of Placard THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (“Agreement”), is entered into as of February 19, 2019, between AEROCENTURY CORP., a Delaware corporation (“Borrower”), MUFG UNION BANK, N.A., together with any other Lender hereunder from time to time (collectively, the “Lenders” and individually, a “Lender”), MUFG UNION BANK, N.A., as administrative agent (in such capacity, “Agent”) and as Sole Lead Arranger, UMPQUA BANK, as Syndication Agent (in such capacity, “Syndication Agent”), ZIONS BANCORPORATION, N.A. (fka ZB, N.A.) dba California Bank & Trust, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), effective as of the Closing Date, with reference to the following facts:
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INDEX OF SCHEDULES AND EXHIBITS. Schedule A Revolving Commitment – Pro Rata Share Schedule 1.1a Advance Rates Schedule 1.1b Eligible Leases Schedule 1.1c Equipment Schedule 1.1d Excluded Assets Schedule 1.1e Material Contracts Schedule 1.1f Permitted Indebtedness Schedule 1.1g Permitted Liens/Liens of Record Schedule 1.1h Schedule of Documents Schedule 1.1i Spot Market Assets Schedule 5.2 Executive Offices; Corporate or Other Names; Conduct of Business Schedule 5.7 No Other Liabilities; No Material Adverse Changes Schedule 5.9 Trade Names Schedule 5.10 Litigation Schedule 5.17 Hazardous Materials Schedule 5.19 Insurance Schedule 5.22 Depreciation Policies Schedule 6.4 Insurance as of the Closing Date Schedule 7.13 Indebtedness and Guaranteed Indebtedness existing on the Closing Date Schedule 7.19 Investments Existing as of the Closing Date Exhibit A Form of Assignment and Acceptance Agreement for Lenders Exhibit B Form of Borrowing Base Certificate Exhibit B Form of Borrowing Notice Exhibit C Form of Compliance Certificate Exhibit D Form of Commitment Assignment Information Certificates for Borrowers and Acceptance Guarantors Exhibit E Form Locations of Mortgage Inventory Exhibit F Form Fiscal Year-End; First Quarter-End; Second Quarter-End; Third Quarter-End; Fourth Quarter-End Schedule 1.34 Commitments Schedule 1.47 EBITDA Adjustments Schedule 1.87 Freight Forwarders Schedule 5.2(b) Chattel Paper and Instruments Schedule 5.2(e) Investment Property Schedule 5.2(g) Letter of Beneficial Interest Pledge Credit Accommodations Schedule 5.2(h) Commercial Tort Claims Schedule 8.8 Environmental Compliance Schedule 8.11 Certain Intellectual Property Schedule 8.9(c) ERISA Affiliates Transactions Schedule 8.13 Collective Bargaining Agreements Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 9.9(h) Permitted Intercompany Indebtedness Schedule 9.10 Permitted Loans Schedule 9.11(d) Permitted Uses of Certain Permitted Dividends This Third Amended and Restated Loan and Security Agreement Exhibit G Form of Owner Trustee Mortgage Exhibit H Form of Owner Trustee Guaranty Exhibit I Form of Placard THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of August 10, 2011, is entered into as of February 19by and among Xxxxxx New York, 2019, between AEROCENTURY CORP.Inc., a Delaware corporation (“Xxxxxx”), Lernco, Inc., a Delaware corporation (“Lernco”), and Xxxxxx New York Outlet, Inc., a Massachusetts corporation (“Xxxxxx Outlet” and together with Xxxxxx and Lernco, collectively, “Borrowers” and individually each a “Borrower”), MUFG UNION BANKNew York & Company, N.A., together with any other Lender hereunder from time to time (collectively, the “Lenders” and individuallyInc., a Delaware corporation (“LenderNY&Co”), MUFG UNION BANKXxxxxx New York Holding, N.A.Inc., a Delaware corporation (“Parent”), Nevada Receivable Factoring, Inc., a Nevada corporation (“Nevada Factoring”), New York & Company Stores, Inc., a New York corporation, formerly known as Associated Lerner Shops of America, Inc., a New York corporation (“NY &Co Stores”), and Xxxxxx New York GC, LLC, an Ohio limited liability company (“Xxxxxx XX” and together with NY&Co, Parent, Nevada Factoring and NY &Co Stores, collectively, “Guarantors” and each a “Guarantor”), the Lenders (as defined herein), Xxxxx Fargo Bank, National Association, a national banking association, in its capacity as administrative agent and collateral agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”) and as Sole Lead ArrangerXxxxx Fargo Capital Finance, UMPQUA BANKLLC, as Syndication Agent (in such capacity, “Syndication Agent”), ZIONS BANCORPORATION, N.A. (fka ZB, N.A.) dba California Bank & Trust, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), sole lead arranger and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), effective as of the Closing Date, with reference to the following facts:sole lead bookrunner.
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Samples: Loan and Security Agreement (New York & Company, Inc.)
INDEX OF SCHEDULES AND EXHIBITS. Schedule A Revolving Commitment – Pro Rata Share Schedule 1.1a Advance Rates Schedule 1.1b Eligible Leases Schedule 1.1c Equipment Schedule 1.1d Excluded Assets Schedule 1.1e Material Contracts Schedule 1.1f Permitted Indebtedness Schedule 1.1g Permitted Liens/1.1 Liens of Record Schedule 1.1h 4.1 Schedule of Documents Schedule 1.1i Spot Market Assets Schedule 5.2 Executive Offices; Corporate or Other Names; Conduct of Business Schedule 5.5 Subsidiaries Schedule 5.7 No Other Liabilities; No Material Adverse Changes Schedule 5.9 Trade Names Schedule 5.10 Litigation Schedule 5.17 Hazardous Materials Schedule 5.19 Insurance Schedule 5.22 5.21 Depreciation Policies Schedule 6.4 Insurance 5.22 Preferred Stock Schedule 5.23 Eligible Leases and Equipment as of the Closing Date Schedule 7.13 7.10 Indebtedness and Guaranteed Indebtedness existing on the Closing Date Schedule 7.19 7.15 Investments Existing as of the Closing Date Exhibit A Form of Borrowing Base Certificate Exhibit B Form of Borrowing Notice Exhibit C Form of Compliance Certificate Exhibit D Form of Commitment Assignment and Acceptance Exhibit D Form of Compliance Certificate Exhibit E Form of Subsidiary Mortgage and Security Agreement Exhibit F Form Forms of Beneficial Interest Pledge Agreement Exhibit G Form Forms of Owner Trustee Mortgage and Security Agreement Exhibit H Form Forms of Owner Trustee Guaranty Exhibit I Form of Leasing Subsidiary Security Assignment Exhibit J Form of Subsidiary Guaranty Exhibit K Forms of Trust Agreement Exhibit L Form of Placard THIRD THIS FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY CREDIT AGREEMENT (“Agreement”), is entered into as of February 19June 7, 2019, between AEROCENTURY CORP.among XXXXXX LEASE FINANCE CORPORATION, a Delaware corporation (“Borrower”), MUFG UNION BANK, N.A., together with any other Lender hereunder the lenders from time to time parties hereto (collectively, the “Lenders” and individually, a “Lender”), MUFG UNION BANK, N.A.LTD., as administrative agent (in such capacity, “Administrative Agent”) and as Sole ), Joint Lead Arranger, UMPQUA Lender, Swing Line Lender and Issuing Lender, MUFG UNION BANK, N.A., as Security Agent (in such capacity, “Security Agent”), BOFA SECURITIES, INC., as Joint Lead Arranger, Joint Bookrunner and Syndication Agent (in such capacity, “Syndication Agent”), ZIONS BANCORPORATIONXXXXX FARGO SECURITIES, N.A. (fka ZB, N.A.) dba California Bank & TrustLLC,, as Co-Joint Lead Arranger and Joint Bookrunner, XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), and U.S. BANK NATIONAL ASSOCIATION, CITY NATIONAL BANK and THE HUNTINGTON NATIONAL BANK, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”)Senior Managing Agents, effective as of the Closing Date, with reference to the following facts:
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INDEX OF SCHEDULES AND EXHIBITS. Schedule A Exhibit A-1 Form of Assignment and Acceptance Agreement for Revolving Commitment – Pro Rata Share Schedule 1.1a Advance Rates Schedule 1.1b Eligible Leases Schedule 1.1c Equipment Schedule 1.1d Excluded Assets Schedule 1.1e Material Contracts Schedule 1.1f Permitted Indebtedness Schedule 1.1g Permitted Liens/Liens Loan Lenders Exhibit A-2 Form of Record Schedule 1.1h Schedule of Documents Schedule 1.1i Spot Market Assets Schedule 5.2 Executive Offices; Corporate or Other Names; Conduct of Business Schedule 5.7 No Other Liabilities; No Material Adverse Changes Schedule 5.9 Trade Names Schedule 5.10 Litigation Schedule 5.17 Hazardous Materials Schedule 5.19 Insurance Schedule 5.22 Depreciation Policies Schedule 6.4 Insurance as of the Closing Date Schedule 7.13 Indebtedness Assignment and Guaranteed Indebtedness existing on the Closing Date Schedule 7.19 Investments Existing as of the Closing Date Acceptance Agreement for Term Loan Lenders Exhibit A B Form of Borrowing Base Certificate Exhibit B Form of Borrowing Notice Exhibit C Form of Compliance Certificate Exhibit D Form I Information Certificates Schedule 1.60 EBITDA Adjustments Schedule 1.67 Locations of Inventory Schedule 1.83 Fiscal Year-End; First Quarter-End; Second Quarter-End; Third Quarter-End; Fourth Quarter-End Schedule 1.206 Total Commitment Assignment Schedule 5.2(b) Chattel Paper and Acceptance Exhibit E Form Instruments Schedule 5.2(e) Investment Property Schedule 5.2(f) Letters of Mortgage Exhibit F Form Credit, Etc. of Beneficial Interest Pledge Borrowers Schedule 5.2(g) Commercial Tort Claims Schedule 8.8 Environmental Compliance Schedule 8.9(c) ERISA Affiliates Transactions Schedule 8.13 Collective Bargaining Agreements Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 9.9(h) Permitted Intercompany Indebtedness Schedule 9.10 Permitted Loans Schedule 9.11(f) Permitted Uses of Certain Permitted Dividends This Amended and Restated Loan and Security Agreement Exhibit G Form dated as of Owner Trustee Mortgage Exhibit H Form of Owner Trustee Guaranty Exhibit I Form of Placard THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT March 16, 2004 (this “Agreement”), ) is entered into as of February 19by and among Xxxxxx New York, 2019, between AEROCENTURY CORP.Inc., a Delaware corporation (“Xxxxxx”), and Lernco, Inc., a Delaware corporation (“Lernco” and together with Xxxxxx, “Borrowers” and individually each a “Borrower”), MUFG UNION BANK, N.A., together with any other Lender hereunder from time to time (collectivelyas borrowers, the “Lenders” and individuallyLenders (as defined herein), Congress Financial Corporation, a “Lender”)Delaware corporation, MUFG UNION BANK, N.A., in its capacity as administrative agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”) and ), The CIT Group/Business Credit, Inc., a New York corporation, in its capacity as Sole Lead Arranger, UMPQUA BANK, as Syndication Agent documentation agent for Lenders (in such capacity, “Syndication Agent”), ZIONS BANCORPORATION, N.A. (fka ZB, N.A.) dba California Bank & Trust, as Co-Documentation Agent (in such capacity, collectively with each other Co-Documentation Agent, “Documentation Agent”), and U.S. BANK NATIONAL ASSOCIATIONWachovia Bank, National Association, as Co-Documentation Agent the arranger for the Lenders (in such capacity, collectively with each other Co-Documentation Agent, “Documentation AgentArranger”), effective as of the Closing Date, with reference to the following facts:.
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Samples: Loan and Security Agreement (New York & Company, Inc.)
