Perfection Certificate Supplement. This Perfection Certificate Supplement, dated as of [________,____], is delivered pursuant to [Section 5.01(e)] [Section 5.11] of that certain Credit Agreement dated as of January 23,2004 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Credit Agreement") among COMMUNICATIONS & POWER INDUSTRIES INC., a Delaware corporation ("Borrower"), COMMUNICATIONS & POWER INDUSTRIES HOLDING CORPORATION, a Delaware corporation ("Holdings"), CPI ACQUISITION CORP., a Delaware corporation ("Parent"), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given it in Article I of the Credit Agreement), the Lenders, UBS SECURITIES LLC and BEAR, XXXXXXX & CO. INC., as joint lead arrangers and bookrunners (in such capacity, "Joint Lead Arrangers"), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, "Swingline Lender"), UBS AG, STAMFORD BRANCH, as administrative agent (in such capacity, "Administrative Agent") for the Lenders, collateral agent (in such capacity, "Collateral Agent") for the Secured Parties and as issuing bank (in such capacity, "Issuing Bank"), BEAR XXXXXXX CORPORATE LENDING INC., as Syndication Agent (in such capacity, "Syndication Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent (in such capacity, "Documentation Agent") and WACHOVIA CAPITAL MARKETS, LLC, as co-arranger (in such capacity, "Co-Arranger") and Section 3.06 of the Security Agreement. The undersigned, the [ ] of Borrower hereby certifies to the Collateral Agent and each other Secured Party that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date [as supplemented on [ ]1 (the "Prior Perfection Certificate") [.][other than as follows:]
Appears in 2 contracts
Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Perfection Certificate Supplement. This Perfection Certificate Supplement, dated as of [________,____]________, 20[ ] is delivered pursuant to [Section 5.01(e)] [Section 5.11] of that certain Credit Agreement dated as of January 23,2004 November [__], 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "“Credit Agreement"”) among COMMUNICATIONS HANDY & POWER INDUSTRIES HXXXXX GROUP LTD., a Delaware corporation, SPH GROUP HOLDINGS LLC, a Delaware limited liability company, STEEL EXCEL INC., a Delaware corporation, and API AMERICAS INC., a Delaware corporation ("collectively, the “US Borrowers” and each individually, a “US Borrower"”), COMMUNICATIONS & POWER INDUSTRIES HOLDING CORPORATIONCEDAR 2015 LIMITED, a Delaware corporation private limited company incorporated in England and Wales ("Holdings")“UK Borrower” and together with US Borrowers, CPI ACQUISITION CORP.the “Borrowers” and each individually, a Delaware corporation ("Parent"“Borrower”), the Subsidiary Guarantors GUARANTORS thereto (such term collectively, the “Guarantors” and each other capitalized term individually, a “Guarantor”, and together with the Borrowers the “Credit Parties” and each individually, a “Credit Party”), the LENDERS (as defined in the Credit Agreement), and PNC Bank, National Association, as administrative agent for the Lenders under the Credit Agreement (hereinafter referred to in such capacity as the “Administrative Agent”). Capitalized terms used but not defined herein having have the meaning given it meanings assigned in Article I of the Credit Agreement), the Lenders, UBS SECURITIES LLC and BEAR, XXXXXXX & CO. INC., as joint lead arrangers and bookrunners (in such capacity, "Joint Lead Arrangers"), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, "Swingline Lender"), UBS AG, STAMFORD BRANCH, as administrative agent (in such capacity, "Administrative Agent") for the Lenders, collateral agent (in such capacity, "Collateral Agent") for the Secured Parties and as issuing bank (in such capacity, "Issuing Bank"), BEAR XXXXXXX CORPORATE LENDING INC., as Syndication Agent (in such capacity, "Syndication Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent (in such capacity, "Documentation Agent") and WACHOVIA CAPITAL MARKETS, LLC, as co-arranger (in such capacity, "Co-Arranger") and Section 3.06 of the Security Agreement. The undersigned, the [ ] ___________________ of Borrower the Borrowers, hereby certifies certify (in my capacity as _________________ and not in my individual capacity) to the Collateral Administrative Agent and each of the other Secured Party Parties that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date [(as supplemented on [ ]1 (by any perfection certificate supplements delivered prior to the "date hereof, the “Prior Perfection Certificate") [.][other ”), other than as follows:]:
Appears in 1 contract
Perfection Certificate Supplement. This Perfection Certificate Supplement, dated as of [________,____[ ], 201[ ] is delivered [pursuant to [Section 5.01(e)) of] [Section 5.11in connection with a Joinder Agreement, dated even herewith, to] of that certain Credit Agreement dated as of January 23,2004 SECOND AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the "“Credit Agreement") among COMMUNICATIONS & POWER INDUSTRIES INC., a Delaware corporation ("Borrower"”), COMMUNICATIONS & POWER INDUSTRIES HOLDING CORPORATIONdated as of October 6, a Delaware corporation 2014, among the DESIGNATED COMPANY ("Holdings"), CPI ACQUISITION CORP., a Delaware corporation ("Parent"), the Subsidiary Guarantors (such term and each other capitalized term used but not as defined herein having the meaning given it in Article I of the Credit Agreement), as a borrower, NOVELIS INC., a corporation amalgamated under the Canada Business Corporations Act (the “Canadian Borrower”), NOVELIS CORPORATION, a Texas corporation, and the other U.S. subsidiaries of the Designated Company signatory thereto as U.S. borrowers (each, an “Initial U.S. Borrower” and, collectively, the “Initial U.S. Borrowers”), NOVELIS UK LTD, a limited liability company incorporated under the laws of England and Wales with registered number 00279596 (“Novelis UK”), NOVELIS DEUTSCHLAND GMBH, a limited liability company organized under the laws of Germany, registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Göttingen with registration number HRB 772 (“Novelis Deutschland”), NOVELIS AG, a stock corporation (AG) organized under the laws of Switzerland (“Novelis AG”), and the other Borrowers from time to time party thereto, AV METALS INC., a corporation formed under the Canada Business Corporations Act, the Subsidiary Guarantors, the Lenders, UBS SECURITIES LLC and BEARthe Issuing Banks, XXXXXXX & CO. INC.XXXXX FARGO BANK, NATIONAL ASSOCIATION, as joint lead arrangers and bookrunners (in such capacity, "Joint Lead Arrangers"), UBS LOAN FINANCE LLC, as U.S. swingline lender (in such capacity, "“U.S. Swingline Lender"”), UBS AGXXXXX FARGO BANK, STAMFORD BRANCHNATIONAL ASSOCIATION, as administrative agent (in such capacity, "“Administrative Agent"”) for the LendersSecured Parties, XXXXX FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, "“Collateral Agent"”) for the Secured Parties Parties, and XXXXX FARGO BANK, N.A. (LONDON BRANCH), as issuing bank European swingline lender (in such capacity, "Issuing Bank"), BEAR XXXXXXX CORPORATE LENDING INC., as Syndication Agent (in such capacity, "Syndication Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent (in such capacity, "Documentation Agent"“European Swingline Lender”) and WACHOVIA CAPITAL MARKETS, LLC, as co-arranger (in such capacity, "Co-Arranger") and Section 3.06 of the Security Agreementother parties party thereto. The undersignedundersigned hereby certify to the Administrative Agent, the [ ] of Borrower hereby certifies to the Collateral Agent and each of the other Secured Party Parties that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date [(as supplemented on [ ]1 (by any perfection certificate supplements delivered prior to the "date hereof, the “Prior Perfection Certificate") [.][other ”), other than as follows:]:
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Perfection Certificate Supplement. This Perfection Certificate Supplement, dated as of [________,____[ ], 20[ ], is delivered pursuant to [(i) Section 5.01(e)] [Section 5.11] 6.02(k) of that certain First Lien Credit Agreement Agreement, dated as of January 23,2004 February 20, 2013 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "“First Lien Credit Agreement") ”), among COMMUNICATIONS & POWER INDUSTRIES INC.American Renal Holdings Inc., a Delaware corporation ("the “Borrower"”), COMMUNICATIONS & POWER INDUSTRIES HOLDING CORPORATIONAmerican Renal Holdings Intermediate Company, a Delaware corporation ("Holdings"), CPI ACQUISITION CORP., a Delaware corporation ("Parent"), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given it in Article I of the Credit Agreement), the Lenders, UBS SECURITIES LLC and BEAR, XXXXXXX & CO. INC., as joint lead arrangers and bookrunners (in such capacity, "Joint Lead Arrangers"), UBS LOAN FINANCE LLC, as swingline lender (in such capacity“Holdings”) and Bank of America, "Swingline Lender"), UBS AG, STAMFORD BRANCHN.A., as administrative agent (in such capacity, "the “First Lien Administrative Agent"”), Swing Line Lender and L/C Issuer and that certain First Lien Security Agreement, dated as of February [ ], 2013 (the “First Lien Security Agreement”), among the Borrower, Holdings, the Subsidiary Guarantors party thereto (together with Holdings, the “Guarantors”) for and the LendersFirst Lien Administrative Agent and (ii) Section 6.02(k) of that certain Second Lien Credit Agreement, collateral dated as of February 20, 2013 (the “Second Lien Credit Agreement” and together with the First Lien Credit Agreement, the “Credit Agreements”), among the Borrower, Holdings and Bank of America, N.A, as administrative agent (in such capacity, "Collateral the “Second Lien Administrative Agent") for ” and, together with the Secured Parties and as issuing bank (in such capacityFirst Lien Administrative Agent, "Issuing Bank"the “Agents”), BEAR XXXXXXX CORPORATE LENDING INC.and that certain Second Lien Security Agreement, dated as of February [ ], 2013 (the “Second Lien Security Agreement” and, together with the First Lien Security Agreement, the “Security Agreements”), among the Borrower, Holdings, the Subsidiary Guarantors and the Second Lien Administrative Agent. Capitalized terms used but not defined herein have the meanings assigned in the Credit Agreements and the Security Agreements, as Syndication Agent (in such capacity, "Syndication Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent (in such capacity, "Documentation Agent") and WACHOVIA CAPITAL MARKETS, LLC, as co-arranger (in such capacity, "Co-Arranger") and Section 3.06 of the Security Agreement. The undersigned, the [ ] of Borrower hereby certifies to the Collateral Agent and each other Secured Party that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date [as supplemented on [ ]1 (the "Prior Perfection Certificate") [.][other than as follows:]applicable.
Appears in 1 contract
Samples: First Lien Credit Agreement (American Renal Associates Holdings, Inc.)