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
Appears in 2 contracts
Samples: Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement (Bed Bath & Beyond Inc)
OTHER LOAN PARTIES. BBB CANADA LP CPI CARD GROUP - INDIANA, 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 Xxxx Xxxx Name: Xxxxxxx Xxxxx Xxxx Xxxx 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 Vice President By: /s/ Xxxxxxx Xxxxx Xxxx Xxxx Name: Xxxxxxx Xxxxx Xxxx Xxxx Title: Chief Financial Officer a Canadian federal corporation Vice President CPI CARD GROUP - COLORADO, INC. By: /s/ Xxxxxxx Xxxxx Xxxx Xxxx Name: Xxxxxxx Xxxxx Xxxx Xxxx Title: Chief Financial Officer JPMORGAN CHASE BANKVice President By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Vice President [SIGNATURE PAGE TO AMENDMENT TO CREDIT AGREEMENT] GLAS USA LLC, N.A., individually and as Administrative Agent for the Lenders By: /s/ Xxxxx Xxxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxxx Xxxxxx Title: Executive Director JPMORGAN CHASE BANK, N.A.Assistant Vice President GLAS Americas LLC, as a Lender Collateral Agent for the Lenders By: /s/ Xxxxx Xxxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxxx Xxxxxx Title: Executive Director BRANCHAssistant Vice President [SIGNATURE PAGE TO AMENDMENT TO CREDIT AGREEMENT] GUGGENHEIM LENDERS LISTED ON SCHEDULE I ATTACHED HERETO (excluding Private Debt Investors Feeder, individually LLC), severally and not jointly, acting by and through Guggenheim Partners Investment Management, LLC, as investment manager and not in its individual capacity By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Attorney-in-Fact PRIVATE DEBT INVESTORS FEEDER, LLC By: Guggenheim Corporate Funding, LLC, its Manager By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Attorney-in-Fact GUGGENHEIM CREDIT SERVICES, LLC By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Attorney-in-Fact SAVE I, LLC By: /s/ Xxxxxx Xxxxxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxxxx Xxxxxxx Title: Authorized Officer JPMORGAN CHASE BANKAssistant Secretary [SIGNATURE PAGE TO AMENDMENT TO CREDIT AGREEMENT] 21st Century Fox America, N.A.Inc. Master Trust 21CF Blue Cross and Blue Shield of Florida, TORONTO BRANCHInc. BCBS-FL Verger Capital Fund LLC VERGER Chevron Master Pension Trust CVR Sonoma County Employees' Retirement Association SNM Guggenheim Loan Master Fund, 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 Ltd. XXX0 Guggenheim U.S. Loan Lender By: /s/ Xx Xxxxxxx Name: Xx Xxxxxxx Title: President SIXTH STREET LENDING PARTNERS, as a FILO Term Fund II QIF-II Guggenheim U.S. 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 Fund QIF-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 5470Guggenheim Funds Trust - Guggenheim Macro Opportunities Fund GIO
Appears in 1 contract
OTHER LOAN PARTIES. BBB CANADA LP INC.FLOGISTIX, LP, a Delaware corporation BBB VALUE SERVICES INC.Texas limited partnership By: Flogistix GP, a Tennessee corporation BBBY MANAGEMENT CORPORATIONLLC, a New Jersey corporation BED ‘N BATH STORES INC., a New Jersey corporation LIBERTY PROCUREMENT CO. INC., a New York corporation its General Partner By: /s/ Xxx Xxxxxxx Xxxxx Name: Xxx Xxxxxxx Xxxxx Title: Chief Financial Officer BBBYCF LLCTreasurer FLOGISTIX GP, 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/s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Treasurer GAS LIFT PRODUCTION SOLUTIONS LLC, a Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxxxx Xxxxx Xxxxxx Name: Xxxxxxx Xxxxx Xxxxxx Title: Chief Financial Officer Treasurer INDUSTRIAL VALVE MANUFACTURING LLC, a Canadian federal corporation Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxxxx Xxxxx Xxxxxx Name: Xxxxxxx Xxxxx Xxxxxx Title: Chief Financial Officer Treasurer OTHER LOAN PARTIES: a Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Treasurer a Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Treasurer a Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Treasurer a Texas limited liability company By: Flowco Productions LLC, its Sole Member By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Treasurer ADMINISTRATIVE AGENT: JPMORGAN CHASE BANK, N.A., individually and as Administrative Agent, Issuing Bank, Swingline Lender, Xxxxxx and, solely with respect to Section 9.23, and the Existing Xxxxx Agent By: /s/ X. Xxxxx Xxxxxxxxx Xxxx Name: X. Xxxxx Xxxxxxxxx Xxxx Title: Authorized Officer LENDERS: SUMITOMO MITSUI BANKING CORPORATION, as a Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Executive Director JPMORGAN CHASE BANKBANK OF AMERICA, N.A.NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxxxx Xx Name: Xxxxx Xxxxxxxxx Xx Title: Executive Director BRANCHVice President BANK OZK, individually as a Lender By: /s/ Xxxxxx Xxxxxxxxx Xxxxxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxxxxx Xxxx Title: Authorized Officer JPMORGAN CHASE Managing Director REGIONS BANK, N.A., TORONTO as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Managing Director BANK OF MONTREAL – CHICAGO BRANCH, as a Lender By: /s/ Xxxxxx Xxxxxxxxx Xxxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxx Xxxx Title: Authorized Officer SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent Managing Director By: /s/ Xx Xxxxxxx Xxxxx Xxxxxx Name: Xx Xxxxxxx Xxxxx Xxxxxx Title: President SIXTH STREET SPECIALTY LENDING, INC.Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Field Director FIRST-CITIZENS BANK & TRUST COMPANY, as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Xxxxxxxxxxx Xxxxxx Name: Xx Xxxxxxx Xxxxxxxxxxx Xxxxxx Title: President SIXTH STREET LENDING PARTNERSDirector TEXAS CAPITAL BANK, as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Xxxxx Xxxxxx Name: Xx Xxxxx Xxxxxx Title: Director CADENCE BANK, as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President BOKF, NA, dba BOK Financial, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President TAO TALENTSJPMorgan Chase Bank, LLCN.A. $ 140,000,000.00 Sumitomo Mitsui Banking Corporation $ 100,000,000.00 Bank of America, N.A. $ 90,000,000.00 Bank OZK $ 90,000,000.00 Regions Bank $ 60,000,000.00 Bank of Montreal $ 60,000,000.00 First-Citizens Bank & Trust Company $ 50,000,000.00 Texas Capital Bank $ 50,000,000.00 Cadence Bank $ 40,000,000.00 BOKF, NA $ 20,000,000.00 This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Amended and Restated Credit Agreement identified below (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below, (i) all of the Assignor’s rights and obligations in its capacity as a FILO Term Loan Lender By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President EXECUTION VERSIONExecution Version ArticleARTICLE I Definitions 55 SECTION 1.01under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit, guarantees and swingline loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and other rights of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as the “Assigned Interest”). Defined Terms 55 SECTION 1.02. Classification of Loans Such sale and Borrowings 5368 SECTION 1.03. Terms Generally 5369 SECTION 1.04. Accounting Terms; GAAP 5470assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.
Appears in 1 contract
OTHER LOAN PARTIES. BBB CANADA LP E.L.F. BEAUTY, 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 Xxxx Xxxxxx Name: Xxxxxxx Xxxxx Xxxx Xxxxxx Title: President and Chief Financial Officer BBBYCF LLCSignature Page to Credit Agreement ADMINISTRATIVE AGENT: BANK OF MONTREAL, 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 Xxxx Xxxxxx Name: Xxxxx Xxxxxxxxx Xxxx Xxxxxx Title: Executive Director JPMORGAN CHASE BANKSignature Page to Credit Agreement LENDERS: BANK OF MONTREAL, as a Lender, an L/C Issuer and Swing Line Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director Signature Page to Credit Agreement LENDERS (cont’d): United Bank, as a Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: SVP Shared National Credit Signature Page to Credit Agreement LENDERS (cont’d): Xxxxxx Xxxxxxx Senior Funding Inc., as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President Signature Page to Credit Agreement LENDERS (cont’d): Xxxxx Fargo Bank, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxx Xxxxxxxxxx Title: Executive Director BRANCH, individually By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Authorized Officer JPMORGAN CHASE BANK, N.A., TORONTO BRANCHSignature Page to Credit Agreement LENDERS (cont’d): Stifel Bank & Trust, as a Lender By: /s/ Xxxxxx Xxxxxxxxx Xxxx Xxx Xxxx Name: Xxxxxx Xxxxxxxxx Xxxx Xxx Xxxx Title: Authorized Officer SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent By: /s/ Xx Xxxxxxx Name: Xx Xxxxxxx Title: Senior Vice President SIXTH STREET SPECIALTY LENDING, INC.Signature Page to Credit Agreement LENDERS (cont’d): U.S. Bank National Association, as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Xxxxx Xxxxxx Name: Xx Xxxxxxx Xxxxx Xxxxxx Title: President SIXTH STREET LENDING PARTNERSManaging Director Signature Page to Credit Agreement LENDERS (cont’d): JPMorgan Chase Bank, N.A., as a FILO Term Loan Lender By: /s/ Xx Xxxxxxx Xxxx Xxxx Name: Xx Xxxxxxx Xxxx Xxxx Title: Vice President TAO TALENTSExecutive Director Signature Page to Credit Agreement Date: , To: Bank of Montreal, as Administrative Agent for the Lenders parties to the Credit Agreement dated as of December 23, 2016 (as extended, renewed, modified, supplemented, amended or restated from time to time, the “Credit Agreement”), by and among e.l.f. Cosmetics, Inc., a Delaware corporation, JA 000 Xxxxxx Xxxxxx Corp., a New York corporation, JA 741 Retail Corp., a New York corporation, JA Cosmetics Retail, Inc., a New York corporation, X.X. RF, LLC, a Delaware limited liability company, X.X. Xxxxxx Hill, LLC, a Delaware limited liability company, and each Domestic Subsidiary of e.l.f. Beauty, Inc., a Delaware corporation (“Holdings”), who hereafter becomes a “Borrower” under the Credit Agreement pursuant to a Joinder Agreement, are referred to herein individually as a FILO Term Loan Lender By“Borrower” and collectively as the “Borrowers”), Holdings, the other Guarantors party thereto, certain Lenders which are signatories thereto, and Bank of Montreal, as Administrative Agent. Capitalized terms used herein but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement. Ladies and Gentlemen: /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 [The undersigned refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 2.02 of Loans and Borrowings 5368 SECTION 1.03. Terms Generally 5369 SECTION 1.04. Accounting Terms; GAAP 5470the Credit Agreement, of a Borrowing requested by 1 and, in connection therewith, sets forth the following information:
Appears in 1 contract
OTHER LOAN PARTIES. BBB CANADA LP CONSOLIDATED PROPERTY HOLDINGS, 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 an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxxxx X. Xxxxxxx Xxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BBBYCF BROYHILL, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BIG LOTS MANAGEMENT, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BIG LOTS STORES – PNS, LLC, a California limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BIG LOTS STORES – CSR, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer 7860103.21 CSC DISTRIBUTION LLC, an Alabama limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer CLOSEOUT DISTRIBUTION, LLC, a Pennsylvania limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer XXXXXX XX, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer GAFDC LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer PAFDC LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer 7860103.21 INFDC, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer GREAT BASIN LLC, a Delaware limited liability company BBBYTF liabilitycompany By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BIG LOTS ECOMMERCE LLC, a Delaware limited liability an Ohio limitedliability company BWAO By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer BIG LOTS F&S, LLC, a Delaware limited liability company CHEF C HOLDINGS LLC, a Delaware an Ohio limited liability company By: Bed Bath & Beyond Inc. Their/s/ Xxxxxxxx X. Xxxxxxx Name: Sole Member Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer AVDC, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxxxx X. Xxxxxxx Xxxxx Title: Executive Vice President, Chief Financial and Administrative Officer a Canadian federal corporation 7860103.21 WAFDC, LLC, an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxxxx X. Xxxxxxx Xxxxx Title: Executive Vice President, Chief Financial and Administrative Officer JPMORGAN CHASE BANKBLBO TENANT, N.A.LLC, individually an Ohio limited liability company By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial and Administrative Officer 7860103.21 1903P LOAN AGENT, LLC, as the Administrative Agent By: /s/ Xxxxx Xxxxxxxxx Xxxx Xxxxxx Name: Xxxxx Xxxxxxxxx Xxxx Xxxxxx Title: Executive Director JPMORGAN CHASE BANKManager 7860103.21 1903 PARTNERS, N.A.LLC, as a Lender By: /s/ Xxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Title: Executive Director BRANCHVice President, individually By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Authorized Officer JPMORGAN CHASE BANKTreasurer & Asst.Secretary 7903775.2 TIGER FINANCE, N.A., TORONTO BRANCHLLC, as a Lender By: /s/ Xxxxxx Xxxxxxxxx Xxxxxxx 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 TALENTSManaging Director 7903775.2 RESTORE CAPITAL (BIG), LLC, as a FILO Term Loan Lender By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Managing Director 7903775.2 WHITEHAWK FINANCE, LLC, as a Lender By: /s/ Xxxxxx Xxxx Xxxxxx Name: Xxxxxx Xxxx Xxxxxx Title: Vice President EXECUTION VERSIONExecution Version ArticleARTICLE I Definitions 55 SECTION 1.01Managing Partner 7903775.2 7903775.2 None. Defined Terms 55 SECTION 1.02None. Classification of Loans and Borrowings 5368 SECTION 1.03None. Terms Generally 5369 SECTION 1.04See attached for additional leased store locations. Accounting Terms; GAAP 5470None.
Appears in 1 contract
Samples: Credit Agreement (Big Lots Inc)