Lenders. KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.
Lenders. CITIBANK, N.A., As Administrative Agent, a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Vice President BANK OF AMERICA, N.A., As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director BARCLAYS BANK PLC, As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director JPMORGAN CHASE BANK, N.A., As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Vice President MIZUHO BANK, LTD., As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxx Mo Name: Xxxx Mo Title: Authorized Signatory Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) THE BANK OF NOVA SCOTIA, As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Managing Director Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) XXXXX FARGO BANK, N.A., As a Lender, an Extending Lender, and an Issuing Bank By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) COMPASS BANK, As a Lender, and an Extending Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Senior Vice President Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, As a Lender, and an Extending Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Authorized Signatory Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) DEUTSCHE BANK AG NEW YORK BRANCH, As a Lender, and an Extending Lender By: /s/ Xxxx X. Xxx Name: Xxxx X. Xxx Title: Director By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director DNB CAPITAL LLC, As a Lender, and an Extending Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Vice President By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: VP Amendment No. 2 and Extension Agreement (Xxxxxxxx Partners L.P.) XXXXXX XXXXXXX BANK, N.A. As a Lender, and an Extending Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory Amendment No. 2 and Extension Agre...
Lenders. ARES SFERS CREDIT STRATEGIES FUND LLC, as an Existing Lender and Second Amendment Effective Date Term Lender By: Ares Capital Management LLC, its investment manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory AO MIDDLE MARKET CREDIT L.P., as an Existing Lender and Second Amendment Effective Date Term Lender By: OCM Middle Market Credit G.P. Inc., its general partner By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director ASH HOLDINGS II (U), L.P., as a Second Amendment Effective Date Term Lender By: Ares Capital Management LLC, its Manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written. LENDERS (continued): ARES CREDIT STRATEGIES INSURANCE DEDICATED FUND SERIES INTERESTS OF THE SALI MULTI-SERIES FUND, L.P., as an Existing Lender By: Ares Management LLC, its investment subadvisor By: Ares Capital Management LLC, as subadvisor By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory ARES DIRECT FINANCE I LP, as an Existing Lender By: Ares Capital Management LLC, its investment manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory AO MIDDLE MARKET CREDIT FINANCING L.P., as an Existing Lender By: AO Middle Market Credit Financing GP Ltd., its general partner By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director
Lenders. Any Lender that is entitled to an exemption from or reduction of withholding tax under the law of the jurisdiction in which the Borrower is located, or any treaty to which such jurisdiction is a party, with respect to payments under this Agreement shall deliver to the Borrower (with a copy to the Administrative Agent), at the time or times prescribed by applicable law or reasonably requested by the Borrower, such properly completed and executed documentation prescribed by applicable law as will permit such payments to be made without withholding or at a reduced rate. In addition, any Lender, if requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Without limiting the generality of the foregoing, if the Borrower is resident for U.S. federal income tax purposes in the United States, (A) any Lender that is a “United States person” as defined in section 7701(a)(30) of the Code shall deliver to the Borrower and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent), executed originals of Internal Revenue Service Form W-9 or such other documentation or information prescribed by applicable laws or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent, as the case may be, to determine whether or not such Lender is subject to backup withholding or information reporting requirement; and (B) each Foreign Lender shall deliver to the Borrower and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent, but, in any event, only if such Foreign Lender is legally entitled to do so), whichever of the following is applicable:
Lenders lenders party to this Agreement (including Agent in its capacity as provider of Swingline Loans) and any Person who hereafter becomes a “Lender” pursuant to an Assignment, including any Lending Office of the foregoing.
Lenders. The undersigned Term B-2 Lender (i) hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (x) the Amendment and (y) the Waiver set forth in Section 1 of the Amendment and (ii) is executing this Amendment as a “Term B-2 Lender” and hereby agrees, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment and in the Amended Credit Agreement, to make a Term B-2 Loan to the Borrower on the Amendment No. 5 Effective Date in the amount of such Term B-2 Lender’s Term B-2 Commitment. REVOLVING CREDIT LENDERS The undersigned Revolving Credit Lender hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (i) the Amendment and (ii) the Waiver set forth in Section 1 of the Amendment. The undersigned Revolving Credit Lender is executing this Amendment as a “Class B Revolving Credit Lender” and hereby consents, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment, to the Amendment and to extend the maturity date of its Revolving Credit Commitments and Revolving Credit Loans. Fernwood Restructurings LTD (Name of Institution) By: /s/ Dxxxx X. Xxxxx Name: Dxxxx X. Xxxxx Title: Director [If a second signature is necessary:] By: Name: Title:
Lenders. (a) Each Agent may treat each Lender as a Lender, entitled to payments under this Agreement and as acting through its Facility Office(s) until it has received notice from the Lender to the contrary by not less than five Business Days prior to the relevant payment.
Lenders. BANK ONE, NA, as Administrative Agent and a Lender By: /s/ William J Maxbauer ----------------------------------------- Name: William J Maxbauer ---------------------------------------- Title: Director --------------------------------------- THE BANK OF NOVA SCOTIA, as Syndication Agent and as a Lender By: /s/ N Bell ---------------------------------------- Name: N. Bell ---------------------------------------- Title: Sr. Manager- Loan Operations --------------------------------------- STANDARD FEDERAL BANK By: /s/ Gregory E. Castle ------------------------------------------ Name: Gregory E. Castle ---------------------------------------- Title: First Vice President --------------------------------------- FUJI BANK, LTD. By: /s/ Nobucki Koibe ------------------------------------------ Name: Nobucki Koibe ---------------------------------------- Title: Senior Vice President --------------------------------------- BANK AUSTRIA (ZLANDERBANK) CORPORATE FINANCE, INC. By: /s/ Dieter Boehme ------------------------------------------ Name: Dieter Boehme ---------------------------------------- Title: EVP --------------------------------------- By: /s/ Peter A Halter ------------------------------------------ Name: Peter A. Halter ---------------------------------------- Title: Vice President --------------------------------------- HARRIS TRUST AND SAVINGS By: /s/ Sarah U. Johnson ------------------------------------------ Name: Sarah U. Johnson ---------------------------------------- Title: Vice President --------------------------------------- BANK OF SCOTLAND By: /s/ Joseph Fratus ------------------------------------------ Name: Joseph Fratus ---------------------------------------- Title: Vice President --------------------------------------- COMERICA BANK (DETROIT) By: /s/ Chris Stergiadis ------------------------------------------ Name: Chris Stergiadis ---------------------------------------- Title: Account Officer --------------------------------------- THE BANK OF NEW YORK By: /s/ Albert R. Taylor ------------------------------------------ Name: Albert R. Taylor ---------------------------------------- Title: Vice President --------------------------------------- PROVIDENT BANK By: /s/ Thomas W. Doe ------------------------------------------ Name: Thomas W. Doe ---------------------------------------- Title: Vice President ---------------------------------------
Lenders. VENTURE 35 CLO, LIMITED By: its investment advisor MJX Asset Management LLC By: /s/ Lxxxx Xxxxx Name: Lxxxx Xxxxx Title: Managing Director / Head of Trading
Lenders. The Security Agent shall be entitled to assume that each Lender is a Lender unless notified by the Agent to the contrary.
