Common use of Principal Credit Documents Clause in Contracts

Principal Credit Documents. (i) This Agreement, duly executed by each Borrower, each Lender and the Administrative Agent; (ii) A Revolving Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iii) A Term Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iv) A Swing Line Note payable to the Swing Line Lender in the principal amount of the Swing Line Sublimit, duly executed by the Borrowers; (v) Amendments to each of the Existing Assignments in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Assignments, as well as any additional assignment agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vi) Amendments to each of the Existing Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Mortgages, as well as any additional mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vii) Amendments to each of the Existing Security Agreements in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Security Agreements, as well as any additional security agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (viii) Amendments to the each of the Existing Ship Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Ship Mortgages, as well as any additional ship mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent ; (ix) Each of the Cash Collateral Pledge Agreement and the Trademark Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party thereto; and (x) The Environmental Indemnity, duly executed by each Loan Party.

Principal Credit Documents. (i) This Agreement, duly executed by each Borrower, each Lender and the Administrative Agent; (ii) A Revolving Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iii) A Term Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iv) A Swing Line Note payable to the Swing Line Lender in the principal amount of the Swing Line Sublimit, duly executed by the Borrowers; (v) Amendments to each of the Existing Assignments in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Assignments, as well as any additional assignment agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vi) Amendments to each of the Existing Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Mortgages, as well as any additional mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vii) Amendments to each of the Existing Security Agreements in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Security Agreements, as well as any additional security agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (viii) Amendments to the each of the Existing Ship Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Ship Mortgages, as well as any additional ship mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent ; (ix) Each of the Cash Collateral Pledge Agreement and an amendment to the Trademark Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party thereto; (x) An assignment of permits, contacts, rent and revenues in form and substance satisfactory to the Administrative Agent, duly executed by Empress Casino Joliet (the "JOLIET ASSIGNMENT"); (xi) A deed of trust or mortgage in form and substance satisfactory to the Administrative Agent covering the Joliet Real Property (the "JOLIET MORTGAGE"), duly executed by Empress Casino Joliet and appropriately notarized; (xii) A pledge and security agreement in form and substance satisfactory to the Administrative Agent, duly executed by Empress Casino Joliet (the "JOLIET SECURITY AGREEMENT"); (xiii) Ship mortgages covering the Joliet Vessels, duly executed by Empress Casino Joliet (collectively, the "JOLIET SHIP MORTGAGES"); and (xxiv) The Environmental IndemnityCertificate, duly executed by each Loan PartyBorrower.

Principal Credit Documents. (i) This Agreement, duly executed by each the Borrower, Holdings, each Lender and the Administrative Agent; (ii) A Revolving Loan Note The Notes payable to each Lender requesting such a noteNote in accordance with Section 2.08(b) of this Agreement, each duly executed by the BorrowersBorrower; (iii) A Term Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iv) A Swing Line Note payable to the Swing Line Lender in the principal amount of the Swing Line Sublimit, duly executed by the BorrowersBorrower; (viv) Amendments to each of the Existing Assignments A Guarantee Agreement in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Assignments, as well as any additional assignment agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative AgentGuarantor; (viv) Amendments to each of the Existing Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Mortgages, as well as any additional mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vii) Amendments to each of the Existing The Security Agreements in form and substance satisfactory to the Administrative Agent, duly executed by Borrower, CBII and each Loan Party which is a party US Subsidiary (including, without limitation, each of the Companies and their respective US Subsidiaries), together with (A) Uniform Commercial Code financing statements of Borrower, CBII and each such US Subsidiary, (B) original promissory notes existing on the Effective Date from CBII to Borrower evidencing intercompany advances (together with any further original promissory notes from time to time evidencing intercompany advances from CBII to the Existing Security AgreementsBorrower, as well as any additional security agreements required collectively, the “Xxxxxxxx Pledged Intercompany Notes”) and duly endorsed in blank and (C) original promissory notes evidencing intercompany advances existing on the Effective Date and pledged by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory Fresh Express Entities pursuant to the Administrative AgentFresh Express Security Agreements (together with any further original promissory notes from time to time evidencing intercompany advances, collectively, the “Fresh Express Pledged Intercompany Notes”) and duly endorsed in blank; (viiivi) Amendments to the each of the Existing Ship Mortgages Pledge Agreements in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party Pledgor, together with original stock certificates or other satisfactory evidence of pledge if and to the Existing Ship Mortgagesextent applicable under local law, representing Equity Securities pledged (collectively, the “Pledged Equity Securities”), as well applicable, of each Pledged Person and, as any additional ship mortgages required by the Administrative Agentapplicable, each duly executed by the Loan Parties party thereto signed and in form and substance satisfactory to the Administrative Agent ;undated stock powers; and (ixvii) Each of the Cash Collateral Pledge Agreement and the Trademark The Intellectual Property Security Agreement Agreements, in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party thereto; andcomprised of the following: (xA) The Environmental IndemnityCopyright Security Agreements, duly executed by the Borrower, CBII, each Loan Party.of the Companies and each of the Companies’ US Subsidiaries; (B) Trademark Security Agreements, duly executed by the Borrower, each of the Companies and each of the Companies’ US Subsidiaries; and

Principal Credit Documents. (i) This Agreement, duly executed by each the Borrower, each Lender, the L/C Issuer, the Swing Line Lender and the Administrative Agent; (ii) A Revolving Loan Note payable to each Lender requesting such a note, each duly executed by the BorrowersBorrower; (iii) A Term Loan A Note payable to each Lender requesting such a note, each duly executed by the BorrowersBorrower; (iv) A Term Loan B Note payable to each Lender requesting such a note, each duly executed by the Borrower; (v) A Swing Line Note payable to the Swing Line Lender in the principal amount of the Swing Line Sublimit, duly executed by the BorrowersBorrower; (vvi) Amendments to each of the Existing Assignments The Parent Guaranty, in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Assignments, as well as any additional assignment agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative AgentParent; (vivii) Amendments to each of the Existing Mortgages The Parent Pledge Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Mortgages, as well as any additional mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative AgentParent; (viiviii) Amendments to each of the Existing The Parent Security Agreements Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Security Agreements, as well as any additional security agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (viii) Amendments to the each of the Existing Ship Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Ship Mortgages, as well as any additional ship mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent Parent; (ix) Each of the Cash Collateral Pledge Agreement and the Trademark The Subsidiary Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party thereto; anddomestic Subsidiary of the Borrower; (x) The Environmental IndemnitySecurity Agreement in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Partythe Borrower; (xi) The Intellectual Property Security Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by the Borrower and the Subsidiaries; (xii) The Collateral Certificate, duly executed by the Borrower; (xiii) The Varsity Guaranty, in form and substance satisfactory to the Administrative Agent, duly executed by Varsity; and (xiv) The Varsity Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by Varsity.

Principal Credit Documents. (i) This Agreement, duly executed by each Borrowerthe Borrowers, each Lender Lender, the Administrative Agent and the Administrative AgentSecurity Trustee (with the aggregate amount of Revolving Loan Commitments equaling at least $400,000,000); (ii) A Revolving Loan Note payable to each Lender requesting such a noteLender, each duly executed by the Borrowers; (iii) A Term Loan Note payable to each Lender requesting such a note, each duly executed by the Borrowers; (iv) A Swing Line Note payable to the Swing Line Lender in the principal amount of the Swing Line Sublimit, duly executed by the Borrowers; (viv) Amendments to each of the Existing Assignments in form and substance satisfactory to the Administrative AgentThe Guaranty, duly executed by each Loan Party which is a party to the Existing Assignments, as well as any additional assignment agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative AgentGuarantor; (viv) Amendments to each of the Existing Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Mortgages, as well as any additional mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (vii) Amendments to each of the Existing Security Agreements in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Security Agreements, as well as any additional security agreements required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent; (viii) Amendments to the each of the Existing Ship Mortgages in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party which is a party to the Existing Ship Mortgages, as well as any additional ship mortgages required by the Administrative Agent, each duly executed by the Loan Parties party thereto and in form and substance satisfactory to the Administrative Agent ; (ix) Each of the Cash Collateral Pledge Agreement and the Trademark The Security Agreement in form and substance satisfactory to the Administrative Agent, duly executed by the Borrowers and each Guarantor, together with (A) original demand promissory notes from each of Loan Party which is Parties evidencing intercompany advances pledged to the Administrative Agent pursuant to the Security Agreement (collectively, the “Pledged Intercompany Notes”), (B) the original certificates (if any) representing all of the outstanding Equity Securities of each Borrower and each Domestic Subsidiary and all non-voting Equity Securities of each Foreign Subsidiary, and 65% of the outstanding voting Equity Securities of each Foreign Subsidiary, in each case pledged to the Administrative Agent pursuant to the Security Agreement (or any other pledge or security agreement), together with undated stock or membership powers duly executed by Parent, Commercial Barge Line Company, a party Borrower or other appropriate Loan Party, as applicable, in blank and attached thereto; andand (C) all other collateral listed on Schedule I of the Security Agreement; (xvi) The Environmental IndemnityIntellectual Property Security Agreement, duly executed by the Borrowers; (vii) A completed Perfection Certificate, duly executed by the Parent; (viii) Each Vessel Security Document listed on Schedule 1.01(b) in form and substance satisfactory to the Administrative Agent, shall have each Loan Partybeen duly executed and recorded in all appropriate jurisdictions (including, without limitation, with the United States Coast Guard National Vessel Documentation Center); (ix) The Environmental Indemnity Agreement, duly executed by the Borrowers and the Guarantor.