Common use of Litigation; Jurisdiction; Other Matters Clause in Contracts

Litigation; Jurisdiction; Other Matters. Waivers. 47 Section 11.5. Successors and Assigns. 48 Section 11.6. Amendments. 51 Section 11.7. Nonliability of Agent and Lenders. 52 Section 11.8. Confidentiality. 53 Section 11.9. Indemnification. 54 Section 11.10. Termination; Survival. 56 Section 11.11. Severability of Provisions. 56 Section 11.12. GOVERNING LAW. 56 Section 11.13. Patriot Act. 56 Section 11.14. Counterparts. 57 Section 11.15. Obligations with Respect to Loan Parties. 57 Section 11.16. Limitation of Liability. 57 Section 11.17. Entire Agreement. 57 Section 11.18. Construction. 57 Section 11.19. Existing Credit Agreement Provisions. 58 SCHEDULE I SCHEDULE 1.1.(A) SCHEDULE 1.1.(B) SCHEDULE 6.1.(b) Term Commitments List of Loan Parties Bridge Loan Properties Ownership of Property Owners EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H Form of Assignment and Acceptance Agreement Form of Notice of Continuation Form of Notice of Conversion Form of Opinion of Counsel Form of Compliance Certificate Form of Guaranty Form of Term Note Form of Pledge Agreement THIS CREDIT AGREEMENT (this “Agreement”) dated as of September 14, 2007 by and among U-STORE-IT, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), U-STORE-IT TRUST, a real estate investment trust formed under the laws of the State of Maryland (the “Parent”), WACHOVIA CAPITAL MARKETS, LLC, as Lead Arranger (the “Lead Arranger”) and as Book Manager (the “Book Manager”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, and each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 11.5.(b).

Appears in 1 contract

Samples: Credit Agreement (U-Store-It Trust)

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Litigation; Jurisdiction; Other Matters. Waivers. 47 101 Section 11.513.5. Successors and Assigns. 48 102 Section 11.613.6. AmendmentsAmendments and Waivers. 51 106 Section 11.713.7. Nonliability of Administrative Agent and Lenders. 52 108 Section 11.813.8. Confidentiality. 53 109 Section 11.913.9. Indemnification. 54 110 Section 11.1013.10. Termination; Survival. 56 111 Section 11.1113.11. Severability of Provisions. 56 111 Section 11.1213.12. GOVERNING LAW. 56 111 Section 11.13. Patriot Act. 56 Section 11.1413.13. Counterparts. 57 111 Section 11.1513.14. Obligations with Respect to Loan PartiesParties and Subsidiaries. 57 111 Section 11.1613.15. Independence of Covenants. 111 Section 13.16. Limitation of Liability. 57 112 Section 11.1713.17. Entire Agreement. 57 112 Section 11.1813.18. Construction. 57 112 Section 11.1913.19. Existing Credit Agreement ProvisionsHeadings. 58 112 Section 13.20. Acknowledgment and Consent to Bail-In of Affected Financial Institutions. 112 Section 13.21. Acknowledgment Regarding Any Supported QFCs. 113 SCHEDULE I Commitments SCHEDULE 1.1.(A) SCHEDULE 1.1.(B) SCHEDULE 6.1.(b) Term Commitments 1.1. List of Loan Parties Bridge Loan Properties SCHEDULE 7.1.(b) Ownership of Property Owners Structure SCHEDULE 7.1.(f) Properties; Liens SCHEDULE 7.1.(g) Indebtedness and Guaranties SCHEDULE 7.1.(h) Litigation SCHEDULE 7.1.(r) Affiliate Transactions EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H Form of Assignment and Acceptance Assumption Agreement EXHIBIT B Form of Disbursement Instruction Agreement EXHIBIT C Form of Guaranty EXHIBIT D Form of Notice of Borrowing EXHIBIT E Form of Notice of Continuation EXHIBIT F Form of Notice of Conversion EXHIBIT G RESERVED EXHIBIT H RESERVED EXHIBIT I RESERVED EXHIBIT J Form of Opinion Term Note EXHIBITS K-1 – K-4 Forms of Counsel U.S. Tax Compliance Certificates EXHIBIT L Form of Compliance Certificate Form of Guaranty Form of Term Note Form of Pledge Agreement EXHIBIT M [Reserved] THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of September 14June 15, 2007 2023 by and among U-STORE-ITNETSTREIT, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), U-STORE-IT TRUSTNETSTREIT CORP., a Maryland real estate investment trust formed under the laws of the State of Maryland (the “Parent”), WACHOVIA CAPITAL MARKETS, LLC, as Lead Arranger (the “Lead Arranger”) and as Book Manager (the “Book Manager”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, and each of the financial institutions initially a signatory hereto together with their successors and assignees pursuant to under Section 11.5.(b13.5. (the “Lenders”), and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”).

Appears in 1 contract

Samples: Credit Agreement (NETSTREIT Corp.)

Litigation; Jurisdiction; Other Matters. Waivers. 47 126 Section 11.512.5. Successors and Assigns. 48 127 Section 11.612.6. Amendments. 51 133 Section 11.712.7. Nonliability of Administrative Agent and Lenders. 52 136 Section 11.812.8. Confidentiality. 53 137 Section 11.912.9. Indemnification. 54 138 Section 11.1012.10. Termination; Survival. 56 140 Section 11.1112.11. Severability of Provisions. 56 141 Section 11.1212.12. GOVERNING LAW. 56 141 Section 11.13. Patriot Act. 56 Section 11.1412.13. Counterparts. 57 141 Section 11.1512.14. Obligations with Respect to Loan Parties. 57 141 Section 11.1612.15. Limitation of Liability. 57 141 Section 11.1712.16. Entire Agreement. 57 142 Section 11.1812.17. Construction. 57 142 Section 11.1912.18. Existing Credit Agreement ProvisionsPatriot Act. 58 142 Section 12.19. Acknowledgment and Consent to Bail-In of Affected Financial Institutions. 142 Section 12.20. Accounting Terms. 143 Section 12.21. Acknowledgement Regarding Any Supported QFCs. 143 4889-7534-3155, v. 14 SCHEDULE I Commitments SCHEDULE 1.1.(A1.1(A) SCHEDULE 1.1.(B1.1(B) SCHEDULE 6.1.(b) Term Commitments List of Loan Parties Bridge Loan Properties List of Existing Letters of Credit SCHEDULE 6.1.(b) Ownership of Property Owners Structure SCHEDULE 6.1.(f) Title to Properties; Liens SCHEDULE 6.1.(g) Indebtedness and Guaranties SCHEDULE 6.1.(i) Litigation SCHEDULE 6.1.(y) Unencumbered Assets EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H Form of Assignment and Acceptance Agreement EXHIBIT B-1 Form of Notice of Revolving Borrowing EXHIBIT B-2 Form of Notice of Term Loan Borrowing EXHIBIT C Form of Notice of Continuation EXHIBIT D Form of Notice of Conversion EXHIBIT E Form of Notice of Swingline Borrowing EXHIBIT F Form of Swingline Note EXHIBIT G Form of Revolving Note EXHIBIT H Form of Term Loan Note EXHIBIT I Form of Opinion of Counsel EXHIBIT J Form of Compliance Certificate EXHIBIT K Form of Guaranty EXHIBIT L Form of Term Bid Rate Note EXHIBIT M Form of Pledge Designation Agreement EXHIBIT N Form of Bid Rate Quote Request EXHIBIT O Form of Bid Rate Quote EXHIBIT P Form of Bid Rate Quote Acceptance EXHIBIT Q Form of Guarantor Release Letter EXHIBITS R-1 – R-4 Forms of U.S. Tax Compliance 4889-7534-3155, v. 14 THIS CREDIT AGREEMENT (this “Agreement”) dated as of September 14October 26, 2007 2022 by and among U-STORE-ITCORPORATE OFFICE PROPERTIES, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), U-STORE-IT CORPORATE OFFICE PROPERTIES TRUST, a real estate investment trust formed under the laws of the State of Maryland (the “Parent”), WACHOVIA CAPITAL MARKETS, LLC, as Lead Arranger (the “Lead Arranger”) and as Book Manager (the “Book Manager”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, and each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 11.5.(b12.5., and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), with KEYBANC CAPITAL MARKETS, INC., and PNC CAPITAL MARKETS LLC, as Joint Book Runners (the “Joint Book Runners”), KEYBANC CAPITAL MARKETS, INC., PNC CAPITAL MARKETS LLC, TD BANK NATIONAL ASSOCIATION, and M&T BANK, A NEW YORK BANKING CORPORATION, as Joint Lead Arrangers (the “Joint Lead Arrangers”), PNC BANK, NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”), and each of M&T BANK, A NEW YORK BANKING CORPORATION and TD BANK NATIONAL ASSOCIATION, as a Co-Documentation Agent (each a “Co-Documentation Agent”).

Appears in 1 contract

Samples: Credit Agreement (Corporate Office Properties Trust)

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Litigation; Jurisdiction; Other Matters. Waivers. 47 96 Section 11.512.5. Successors and Assigns. 48 97 Section 11.612.6. Amendments. 51 99 Section 11.712.7. Nonliability of Agent and Lenders. 52 101 Section 11.812.8. Confidentiality. 53 102 Section 11.912.9. Indemnification. 54 102 Section 11.1012.10. Termination; Survival. 56 104 Section 11.1112.11. Severability of Provisions. 56 105 Section 11.1212.12. GOVERNING LAW. 56 105 Section 11.1312.13. Patriot Act. 56 105 Section 11.1412.14. Counterparts. 57 105 Section 11.1512.15. Obligations with Respect to Loan PartiesBorrowers. 57 105 Section 11.1612.16. Limitation of Liability. 57 105 Section 11.1712.17. Entire Agreement. 57 106 Section 11.1812.18. Construction. 57 Section 11.19. Existing Credit Agreement Provisions. 58 106 SCHEDULE I 1.1(A) Initial Subsidiary Borrowers SCHEDULE 1.1.(A1.1(B) Initial Eligible Real Estate SCHEDULE 1.1.(B) 2 Eligible Real Estate Qualification Documents SCHEDULE 6.1.(b) Term Commitments List of Loan Parties Bridge Loan Properties Ownership of Property Owners Structure SCHEDULE 6.1.(f) Title to Properties; Liens SCHEDULE 6.1.(g) Indebtedness and Guaranties SCHEDULE 6.1.(h) Material Contracts SCHEDULE 6.1.(i) Litigation SCHEDULE 6.1.(j) Taxes Subject to Audit EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H Form of Assignment and Acceptance Assumption Agreement EXHIBIT B Form of Notice of Borrowing EXHIBIT C Form of Notice of Continuation EXHIBIT D Form of Notice of Conversion EXHIBIT E Form of Opinion of Counsel Note EXHIBIT F Form of Compliance Certificate EXHIBIT G Form of Guaranty Availability Certificate EXHIBIT H Form of Term Note Form of Pledge Joinder Agreement SECOND AMENDED AND RESTATED CREDIT AGREEMENT THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of September 14July 23, 2007 2013 by and among U-STORE-IT, L.P.EPR PROPERTIES, a limited partnership formed under the laws of the State of Delaware (the “Borrower”), U-STORE-IT TRUST, a Maryland real estate investment trust formed under (“EPR”), the laws of Subsidiary Borrowers (as defined herein), the State of Maryland Lenders (as defined herein) and KEYBANK NATIONAL ASSOCIATION, as administrative agent (“KeyBank” and/or the “Agent”), XX XXXXXX XXXXX BANK, N.A. and RBC CAPITAL MARKETS, as co-syndication agents (the “ParentSyndication Agents”), WACHOVIA and each of KEYBANC CAPITAL MARKETS, LLC, X.X. XXXXXX SECURITIES, INC. and RBC CAPITAL MARKETS, as Lead Arranger joint lead arrangers and joint book runners (the each as Lead Arranger”) and as Book Manager (the “Book ManagerArrangers”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, and each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 11.5.(b12.5.(d). EPR and the Subsidiary Borrowers are each referred to herein as a “Borrower” and are collectively referred to herein as the “Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Epr Properties)

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