PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx X. XxXxxx Xxxxxxx X. XxXxxx Chief Financial Officer ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as Administrative Agent and as Issuing Lender By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) ING CAPITAL LLC By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CITIBANK, N.A. By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) COMPASS BANK (as successor in interest to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CAPITAL ONE, N.A. By: /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXAS, NA By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Name: W. Xxxxx XxXxxxxx XX Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) SCHEDULE I NOTICE INFORMATION FOR BORROWER, ADMINISTRATIVE AGENT, AND LENDERS Administrative Agent: With a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. 0000 X XX Xxxxxx Blvd. 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services Xxxxxxx, Xxxxx 00000 Telephone: (000) 000 0000 Attention: Xxxxxxx Xxxxx Facsimile: (000) 000 0000 Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy number) set forth in its administrative questionnaire .. Schedule I
Appears in 1 contract
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. [Remainder of this page intentionally left blank. Signature page follows.] EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGSTHREE FORKS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner INC. By: /s/ W. Exxxxx Xxxxxxx X. XxXxxx Xxxxxxx X. XxXxxx W. Exxxxx Xxxxxxx, Chief Financial Executive Officer Signature Page to Credit Agreement ADMINISTRATIVE AGENT/LENDER : XXXXX FARGO BANK, N.A. as Administrative Agent and as Issuing Lender GUARANTY BANK AND TRUST COMPANY By: /s/ Xxxxxxx Gxxx X. Xxxxx Xxxxxxx Xxxxxxxxx Gxxx X. Xxxxx Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx HoldingsXxxxxxxxx, LP) LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page Page to Sixth Amended and Restated Credit Agreement EXHIBIT A Form of Assignment and Acceptance ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (Xxxx Xxxx Holdingsthe “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [the][each]1 Assignor identified in item 1 below ([the][each, LPan] “Assignor”) TORONTO DOMINION and [the][each] Assignee identified in item 2 below (NEW YORK) LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory Signature page [the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees] hereunder are several and not joint.] 2 Capitalized terms used but not defined herein shall have the meanings given to Sixth Amended and Restated them in the Credit Agreement (Xxxx Xxxx Holdings, LP) ING CAPITAL LLC By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CITIBANK, N.A. By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) COMPASS BANK identified below (as successor in interest amended, supplemented, restated or otherwise modified from time to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated time, the “Credit Agreement (Xxxx Xxxx HoldingsAgreement”), LP) CAPITAL ONE, N.A. By: /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXAS, NA By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Name: W. Xxxxx XxXxxxxx XX Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) SCHEDULE I NOTICE INFORMATION FOR BORROWER, ADMINISTRATIVE AGENT, AND LENDERS Administrative Agent: With receipt of a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. 0000 X XX Xxxxxx Blvdof which is hereby acknowledged by [the][each] Assignee. 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services Xxxxxxx, Xxxxx 00000 Telephone: (000) 000 0000 Attention: Xxxxxxx Xxxxx Facsimile: (000) 000 0000 Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy number) 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 Acceptance as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], 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][the respective Assignors’] rights and obligations in [its administrative questionnaire .. Schedule Icapacity as a Lender][their respective capacities as Lenders] under 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][the respective Assignors] under the respective facilities identified below (including without limitation any letters of credit and guarantees included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of [the Assignor (in its capacity as a Lender)][the respective Assignors (in their respective capacities as Lenders)] 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, but not limited to, 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 by [the][any] Assignor to [the][any] Assignee pursuant to clauses (i) and (ii) above being referred to herein collectively as [the][an] “Assigned Interest”). Each such sale and assignment is without recourse to [the][any] Assignor and, except as expressly provided in this Assignment and Acceptance, without representation or warranty by [the][any] Assignor.
Appears in 1 contract
Samples: Credit Agreement (Three Forks, Inc.)
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. [Remainder of this page intentionally left blank. Signature page follows.] EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx X. XxXxxx Name: Xxxxxxx X. XxXxxx Title: Chief Financial Officer ADMINISTRATIVE AGENT: XXXXX FARGO BANKXXXXXX XXXXXXX ENERGY CAPITAL INC., N.A. as Administrative Agent and as Issuing Lender By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) ING CAPITAL LLC By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Managing Director Signature page to Sixth Amended and Restated Credit Vice President Senior Secured Term Loan Agreement (Xxxx Xxxx Holdings, LP) CITIBANK, N.A. LENDERS: XXXXXX XXXXXXX ENERGY CAPITAL INC. By: /s/ Xxxxxx Xxxxxxxxx Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxxxxx X. Xxxx Xxxx Holdings, LP) COMPASS BANK (as successor in interest to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CAPITAL ONE, N.A. By: /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXAS, NA By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Name: W. Xxxxx XxXxxxxx XX Title: Vice President Signature page to Sixth Amended and Restated Credit Secured Term Loan Agreement (Xxxx Xxxx Holdings, LP) SCHEDULE I NOTICE INFORMATION FOR BORROWER, ADMINISTRATIVE AGENT, AND LENDERS Administrative Agent: With a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. Xxxxxx Xxxxxxx Energy Capital Inc. 0000 X XX Xxxxxx Blvd. 0000 XxxxxxxxxXxxxxxxxxxx Xxxxxx, 0xx Xxxxx XxxxxxxxxXxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services XxxxxxxXxx Xxxx 00000, Xxxxx 00000 Telephone: (000) 000 0000 Attention: Xxxxx Xxxxxxx Xxxxx Facsimile: (Telephone 000) 000 0000 Facsimile: (000) -000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy number) set forth in its administrative questionnaire .. Schedule ISCHEDULE II COMMITMENTS; PRO RATA SHARE Aggregate Maximum Credit Amounts Name of Lender Term Percentage Commitment Xxxxxx Xxxxxxx Energy Capital Inc. 100.0% $125,000,000.00 TOTAL: 100.0% $125,000,000.00
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (Alta Mesa Holdings, LP)
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx Xxxxxx X. XxXxxx Xxxxxxx Xxxxxxxxx Xxxxxx X. XxXxxx Chief Financial Officer ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as Administrative Agent and as Issuing Lender By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Managing Director Xxxxxxxxx President Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) LENDERS: XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION as Administrative Agent, as Issuing Lender and Lender By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Director Signature page Page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx X. Xxxx Xxxxx Name: Xxxxx X. Xxxx Xxxxx Title: Authorized Signatory Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) ING CAPITAL LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Managing Director Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CITIBANK, N.A. By: /s/ Xxxxxx Xxxxxxxxx Xxxxxxx X. XxXxxxx Name: Xxxxxx Xxxxxxxxx Xxxxxxx X. XxXxxxx Title: Senior Vice President Signature page Page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) COMPASS BANK (as successor in interest to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CAPITAL ONE, N.A. NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxx X. Xxx Name: Xxxxxxx Xxxxx X. Xxx Title: Vice President Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXASBOKF, NA dba Bank of Texas By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) AMEGY BANK NATIONAL ASSOCIATION NATIXIS By: /s/ Xxxx X. Xxxxxx Xxxxxxxxx Name: Xxxx X. Xxxxxx Xxxxxxxxx Title: Vice President Managing Director By: /s/ Xxxxx Le Foyer Name: Xxxxx Le Foyer Title: Director Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL XXXXXX XXXXXXX BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Xxxxxxx Xxxx Name: W. Xxxxx XxXxxxxx XX Xxxxxxx Xxxx Title: Vice President Authorized Signatory Signature page Page to Sixth Eighth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) SCHEDULE I NOTICE INFORMATION FOR BORROWERXXXXXX XXXXXXX SENIOR FUNDING, ADMINISTRATIVE AGENT, AND LENDERS Administrative AgentINC. By: With a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. 0000 X XX Xxxxxx Blvd. 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services Xxxxxxx, Xxxxx 00000 Telephone: (000) 000 0000 Attention/s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxxx FacsimileXxxx Title: (000) 000 0000 Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each Vice President Signature Page to its address (or telecopy number) set forth in its administrative questionnaire .. Schedule IEighth Amended and Restated Credit Agreement
Appears in 1 contract
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. [Remainder of this page intentionally left blank. Signature page follows.] EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx X. XxXxxx Xxxxxxx X. XxXxxx Chief Financial Officer ADMINISTRATIVE AGENT: XXXXX FARGO BANK, N.A. as Administrative Agent and as Issuing Lender By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Xxxxxxx X. Xxxxx Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) ING CAPITAL LLC By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CITIBANK, N.A. By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) COMPASS BANK (as successor in interest to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) CAPITAL ONE, N.A. By: /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXAS, NA By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Name: W. Xxxxx XxXxxxxx XX Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) SCHEDULE I NOTICE INFORMATION FOR BORROWER, ADMINISTRATIVE AGENT, AND LENDERS Administrative Agent: With a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. 0000 X XX Xxxxxx Blvd. 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services Xxxxxxx, Xxxxx 00000 Telephone: (000) 000 0000 Attention: Xxxxxxx Xxxxx Facsimile: (000) 000 0000 Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx Xxxxxxx #000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy number) set forth in its administrative questionnaire .. Schedule II .SCHEDULE II
Appears in 1 contract
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. 114 EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx X. XxXxxx Xxxxxxx X. XxXxxx Chief Financial Officer ADMINISTRATIVE AGENT: 115 XXXXX FARGO BANK, N.A. NATIONAL ASSOCIATION as Administrative Agent and Agent, as Issuing Lender and Lender By: /s/ Xxxxxxx X. Xxxxx Xxxx Xxxxxxx X. Xxxxx Managing Xxxx Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Assistant Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) UNION BANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) 116 TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxx Title: Authorized Signatory Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) 117 ING CAPITAL LLC By: /s/ Xxxxxxx X. Xxxx Xxxxxx Name: Xxxxxxx X. Xxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) 118 CITIBANK, N.A. By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) COMPASS BANK (as successor in interest to Guaranty Bank) By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx Xxxxxx X. Xxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) SVP 119 CAPITAL ONE, N.A. NATIONAL ASSOCIATION By: /s/ Xxxxx X. Xxx Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxx Xxxxxxx Xxxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) BANK OF TEXASSenior Director 120 BOKF, NA doing business as Bank of Texas By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings 121 NATIXIS, LP) AMEGY BANK NATIONAL ASSOCIATION NEW YORK BRANCH By: /s/ Xxxx X. Xxxxxx Xxxxxxxxx Name: Xxxx X. Xxxxxx Xxxxxxxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) TEXAS CAPITAL Managing Director By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Senior Managing Director 122 XXXXXX XXXXXXX BANK, N.A. By: /s/ W. Xxxxx XxXxxxxx XX Xxxxxxx Xxxx Name: W. Xxxxx XxXxxxxx XX Xxxxxxx Xxxx Title: Authorized Signatory 123 XXXXXX XXXXXXX SENIOR FUNDING, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President Signature page to Sixth Amended and Restated Credit Agreement (Xxxx Xxxx Holdings, LP) 124 SCHEDULE I NOTICE INFORMATION FOR BORROWER, ADMINISTRATIVE AGENT, AND LENDERS Administrative Agent: Xxxxx Fargo Bank, National Association With a copy to: Xxxxx Fargo Bank, X.X. Xxxxx Fargo Bank, N.A. 0000 X XX Xxxxxx Blvd. Xxxxx Fargo Bank, National Association Xxxxxxxxx, XX 00000 0000 Xxxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 MAC T5002-090 Attn: Syndication Agency Services MAC T5002-090 Telephone: (000) 000 0000 Xxxxxxx, Xxxxx 00000 TelephoneFacsimile: (000) 000 0000 Attention: Xxxxxxx Xxxxx Facsimile: (000) 000 0000 Xxxx Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx, Xxxxx Xxxxxxx #000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy numbertelecopy) number set forth in its administrative questionnaire .. Schedule I 125 SCHEDULE II
Appears in 1 contract
