OTHER LOAN PARTIES. BBB CANADA LP INC., a Delaware corporation BBB VALUE SERVICES INC., a Tennessee corporation BBBY MANAGEMENT CORPORATION, a New Jersey corporation BED ‘N BATH STORES INC., a New Jersey corporation LIBERTY PROCUREMENT CO. INC., a New York corporation By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Chief Financial Officer BBBYCF LLC, a Delaware limited liability company BBBYTF LLC, a Delaware limited liability company BWAO LLC, a Delaware limited liability company CHEF C HOLDINGS LLC, a Delaware limited liability company By: Bed Bath & Beyond Inc. Their: Sole Member By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Chief Financial Officer a Canadian federal corporation By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Chief Financial Officer JPMORGAN CHASE BANK, N.A., individually and as Administrative Agent By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Executive Director JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Executive Director BRANCH, individually By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Authorized Officer JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Authorized Officer SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent By: /s/ Xx Xxxxxxx Name: Xx Xxxxxxx Title: President SIXTH STREET SPECIALTY LENDING, INC., as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Name: Xx Xxxxxxx Title: President SIXTH STREET LENDING PARTNERS, as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Name: Xx Xxxxxxx Title: Vice President TAO TALENTS, LLC, as a FILO Term Loan Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President EXECUTION VERSIONExecution Version ArticleARTICLE I Definitions 55 SECTION 1.01. Defined Terms 55 SECTION 1.02. Classification of Loans and Borrowings 5368 SECTION 1.03. Terms Generally 5369 SECTION 1.04. Accounting Terms; GAAP 5470
OTHER LOAN PARTIES. A.H. BELO MANAGEMENT SERVICES, INC.
OTHER LOAN PARTIES. A.H. BELO MANAGEMENT SERVICES, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary AL DIA, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary THE BELO COMPANY By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx., Vice President/Assistant Secretary BELO ENTERPRISES, INC. By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx., Vice President/Assistant Secretary BELO INTERACTIVE, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary BELO INVESTMENTS II, INC. By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx., Vice President/Assistant Secretary BELO TECHNOLOGY ASSETS, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary NEWS-TEXAN, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary PROVIDENCE HOLDINGS, INC. By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx., Vice President/Assistant Secretary TDMN NEW PRODUCTS, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary TRUE NORTH REAL ESTATE LLC By: A. H. Belo Corporation, its the sole member By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Senior Vice President/ Chief Financial Officer WASHINGTON STREET GARAGE CORPORATION By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx, Treasurer/Assistant Secretary
OTHER LOAN PARTIES. LASALLE BANK, NATIONAL ASSOCIATION, a national banking ENERGY WEST PROPANE, INC., association, as Agent and as a Bank a Montana corporation
OTHER LOAN PARTIES. PILGRIM’S PRIDE CORPORATION OF WEST VIRGINIA, INC.
OTHER LOAN PARTIES. X. XXXXXXX CO. ARMS UP INC. ATLANTIC RECORDING CORPORATION ATLANTIC/MR VENTURES INC. XXXXX MUSIC, INC. BIG BEAT RECORDS INC. CAFE AMERICANA INC. XXXXXXXX MUSIC COMPANY, INC. XXXX MUSIC, INC. COTILLION MUSIC, INC. CRK MUSIC INC. E/A MUSIC, INC. ELEKTRA/CHAMELEON VENTURES INC. ELEKTRA ENTERTAINMENT GROUP INC. ELEKSYLUM MUSIC, INC. ELEKTRA GROUP VENTURES INC. EN ACQUISITION CORP. FHK, INC. FIDDLEBACK MUSIC PUBLISHING COMPANY, INC. FOSTER FREES MUSIC, INC. INSIDE JOB, INC. INSOUND ACQUISITION INC. INTERSONG U.S.A., INC. JADAR MUSIC CORP. J. RUBY PRODUCTIONS, INC. LEM AMERICA, INC. LONDON-SIRE RECORDS INC. MAVERICK PARTNER INC. XXXXXXXX MUSIC INC. MIXED BAG MUSIC, INC. MM INVESTMENT INC. NON-STOP MUSIC HOLDINGS, INC. NONESUCH RECORDS INC. NVC INTERNATIONAL INC. OCTA MUSIC, INC. PEPAMAR MUSIC CORP. REP SALES, INC. RESTLESS ACQUISITION CORP. REVELATION MUSIC PUBLISHING CORPORATION RHINO ENTERTAINMENT COMPANY RICK’S MUSIC INC. RIGHTSONG MUSIC INC. ROADRUNNER RECORDS, INC. RODRA MUSIC, INC. RYKO CORPORATION RYKODISC, INC. RYKOMUSIC, INC. SEA CHIME MUSIC, INC. SIX-FIFTEEN MUSIC PRODUCTIONS, INC. SR/MDM VENTURE INC. XXXXX-XXXXXXXX, INC. SUPER HYPE PUBLISHING, INC. THE ALL BLACKS U.S.A., INC. THE RHYTHM METHOD INC. XXXXX BOY MUSIC, INC. XXXXX XXXXXXX PUBLISHING GROUP, INC. T.Y.S., INC. UNICHAPPELL MUSIC INC. XXXXXX MUSIC INC. WARNER-ELEKTRA-ATLANTIC CORPORATION WARNER ALLIANCE MUSIC INC. WARNER BRETHREN INC. WARNER BROS. MUSIC INTERNATIONAL INC. WARNER BROS. RECORDS INC. WARNER CUSTOM MUSIC CORP. WARNER/XXXXXXXX MUSIC, INC. WARNER/XXXXXXXX MUSIC (SERVICES), INC. WARNER/XXXXXXXX PRODUCTION MUSIC, INC. WARNER DOMAIN MUSIC INC. WARNER MUSIC DISCOVERY INC. WARNER MUSIC INC. WARNER MUSIC LATINA INC. WARNER MUSIC SP INC. XXXXXX XXXXXXXXX MUSIC INC. WARNER SPECIAL PRODUCTS INC. WARNER STRATEGIC MARKETING INC. WARNERSONGS, INC. WARNER-XXXXXXXXX PUBLISHING CORP. WARPRISE MUSIC INC. W.B.M. MUSIC CORP. WB GOLD MUSIC CORP. WB MUSIC CORP. WBM/HOUSE OF GOLD MUSIC, INC. WBR MANAGEMENT SERVICES INC. WBR/QRI VENTURE, INC. WBR/RUFFNATION VENTURES, INC. WBR/SIRE VENTURES INC. WEA EUROPE INC. WEA INTERNATIONAL INC. WEA INC. WEA MANAGEMENT SERVICES INC. WIDE MUSIC, INC. WMG MANAGEMENT SERVICES INC. ARTIST ARENA LLC ASYLUM RECORDS LLC ATLANTIC/143 L.L.C. ATLANTIC MOBILE LLC ATLANTIC PIX LLC ATLANTIC PRODUCTIONS LLC ATLANTIC SCREAM LLC BB INVESTMENTS LLC BULLDOG ENTERTAINMENT GROUP LLC BULLDOG ISLAND EVENTS LLC BUTE SOUND LLC CHORUSS LLC CORDLESS RECORDINGS LLC EAST WEST RECORDS LLC FBR INV...
OTHER LOAN PARTIES. All Loan Parties acknowledge and agree that (a) all references in this Article IX to “Borrower” means each of the Borrower and FAAC, individually and collectively, and (b) all Loan Parties (i) are Loan Guarantors with respect to all other Loan Parties and (ii) Guarantee, and have granted a security interest and lien under the Collateral Documents to secure, all Secured Obligations of each Loan Party, including without limitation Secured Obligations of Borrower and FAAC as borrowers hereunder and all other Secured Obligations of each Loan Party.
OTHER LOAN PARTIES. BANK OF AMERICA, N.A., successor by merger to LaSalle Bank National Association, as Agent and as a Bank ENERGY WEST PROPANE, INC., a Montana corporation, as a Loan Party
OTHER LOAN PARTIES. BANK OF AMERICA, N.A., successor by merger to LaSalle Bank National Association, as Agent and as a Bank ENERGY WEST PROPANE, INC., a Montana corporation, as a Loan Party By: /s/ Xxxxxxxx X. Xxxxxxx By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxxxxx X. Xxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Senior Vice President Title: President & COO COMPANY: ENERGY WEST, INCORPORATED, a Montana corporation ENERGY WEST RESOURCES, INC., a Montana corporation, as a Loan Party By: /s/ Xxxxx Xxxxxxxxxx By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: President & COO Title: President & COO ENERGY WEST DEVELOPMENT, INC., a Montana corporation, as a Loan Party By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: President & COO I Less than 0.45 to 1.00 0.250 % 1.750 % 0.750 % II Equal to or greater than 0.45 to 1.00 but less than 0.55 to 1.00 0.350 % 2.000 % 1.000 % III Equal to or greater than 0.55 to 1.00 0.450 % 2.250 % 1.250 % For the period commencing on the First Amendment Effective Date through the last day of the month during which financial statements for the Fiscal Quarter ending September 30, 2011 are delivered, the applicable Level shall be Level I. Thereafter, the Level shall equal the applicable Level as set forth below based upon the Total Debt to Capital Ratio then in effect. The applicable Level shall be adjusted from time to time upon delivery to the Agent of the financial statements for each Fiscal Quarter required to be delivered pursuant to Section 10.1.2 hereof accompanied by a written calculation of the Total Debt to Capital Ratio certified on behalf of the Borrower by an authorized officer as of the end of such Fiscal Quarter for which such financial statements are delivered. If such calculation indicates that the Level shall increase or decrease, then on the first day of the month following the date of delivery of such financial statements and written calculation, the Level shall be adjusted in accordance therewith; provided, however, that if the Borrower shall fail to deliver any such financial statements for any such Fiscal Quarter when such financial statements are required to be delivered pursuant to Section 10.1.2, then, at the Agent’s election, effective as of the first day immediately following the date such financial statements were to have been delivered, and continuing through the first day of the quarter following the date (if ever) when such financial statements and such written calculation are finally delivered, the Level s...
OTHER LOAN PARTIES. Borrower shall provide, or will cause to be provided, to the Lender, with respect to each of Gold Flora Partners Costa Mesa, LLC, a California limited liability company (“GFPCM”), and Gold Flora Partners Corona, LLC, a California limited liability company (“GFPC”; together with GFPCM, each a “Guarantor” and collectively the “Guarantors”; together with the Borrower, each a “Loan Party” and collectively the “Loan Parties”), a guaranty and a security agreement (collectively, and together with this Agreement and any other documents executed and delivered from time to time in connection herewith or therewith, but excluding the Business Combination Agreement and related documents, collectively the “Loan Documents”), each in form and substance acceptable to Lender.
