PRELIMINARY STATEMENT WHEREAS the Borrower, the Lenders and the Administrative Agent are parties to that certain Credit Agreement dated as of February 17, 2012 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”); and
PRELIMINARY STATEMENT WHEREAS the Borrowers, the Administrative Agent and the Banks, are parties to that certain Amended and Restated Credit Agreement dated as of June 23, 2005 (as same may be further amended, restated, increased and extended, the "Credit Agreement"; capitalized terms used herein that are not defined herein and are defined in the Credit Agreement are used herein as defined in the Credit Agreement); and
PRELIMINARY STATEMENT WHEREAS pursuant to the Credit Agreement, the Lenders have severally agreed to make extensions of credit to the Borrower upon the terms and subject to the conditions set forth therein;
PRELIMINARY STATEMENT WHEREAS the Borrower, the Administrative Agent and the Lenders are entering into an Amended and Restated Credit Agreement dated as of the date hereof, pursuant to which the Existing Credit Agreement (as defined in the Credit Agreement) has been amended and restated in its entirety (as so amended, and as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”);
PRELIMINARY STATEMENT WHEREAS the Pledgor and the Collateral Agent are parties to a Pledge Agreement dated as of May 6, 2010 (as heretofore amended, restated, supplemented or otherwise modified, the “Existing ADM Pledge Agreement”);
PRELIMINARY STATEMENT WHEREAS. Lonza and Strongbridge entered into that certain Commercial Manufacturing Services and Supply Agreement dated effective May 4th, 2021 (the “Agreement”); and
PRELIMINARY STATEMENT WHEREAS on the 2023 Closing Date, the Co-Issuers and the Collateral Trustee entered into the 2023 Indenture, pursuant to which the Co-Issuers and the Issuer, as applicable, issued or incurred, as applicable, the Class A-1 Notes, Class A-2 Notes, Class A-2 Loans, Class B Notes and the Class C Notes (each as defined in the 2023 Indenture) (collectively, the "2023 Secured Debt") and Subordinated Notes (as such terms are defined in the 2023 Indenture);
PRELIMINARY STATEMENT WHEREAS the Borrowers have requested that the Lenders extend credit to the Borrowers in the form of $100,000,000 in aggregate principal amount of revolving commitments; WHEREAS, in connection with the foregoing and as an inducement for the Lenders to extend the credit contemplated hereunder, (i) each of the Borrowers has agreed to secure all of the Canadian Secured Obligations by granting to the Administrative Agent, for the benefit of the Lenders, a first, subject to Permitted Encumbrances, priority lien on such Borrower’s assets, including a pledge of all of the Equity Interests of each Subsidiary of such Borrower and (ii) each of the U.S. Borrowers has agreed to secure all of the U.S. Secured Obligations by granting to the Administrative Agent, for the benefit of the Lenders, a first, subject to Permitted Encumbrances, priority lien on such U.S. Borrower’s assets, including a pledge of certain Equity Interests of each Subsidiary of such U.S. Borrower as set forth herein;
PRELIMINARY STATEMENT WHEREAS. Employee is currently employed as the chief financial officer of Twin County Grocers, Inc. and can not commence his employment with the Company until after September 30, 1997;
PRELIMINARY STATEMENT WHEREAS. Client either currently owns or intends to purchase Receivables (as defined below); and
