Reaffirmation by the Guarantors. Each of the undersigned (a) acknowledges that (i) it has reviewed that certain Second Amendment (the “Amendment”; capitalized terms used and not otherwise defined herein have the meanings assigned to such terms in the Amendment), dated as of January [ ], 2016, to that certain Second Amended and Restated Credit Agreement dated as of May 8, 2012 (the “Credit Agreement”), among Cubic Corporation as the Borrower, the Lenders party thereto and JPMorgan Chase Bank, N.A., as the Administrative Agent, (ii) that certain Second Amended and Restated Guarantee, dated as of May 8, 2012, (the “Guarantee”) to which it is a party and the other Financing Documents to which it is a party remains in full force and effect, and (iii) under the terms of the Guarantee, it guarantees the Guaranteed Obligations (as defined in the Guarantee) and the other obligations set forth in the Guarantee, and (b) agrees that each Financing Document to which it is a party is hereby reaffirmed, ratified, approved and confirmed in each and every respect, except that, upon the effectiveness of, and on and after the date of, this Amendment, each reference to the Guarantee in the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by the Amendment. CUBIC TRANSPORTATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer CUBIC DEFENSE APPLICATIONS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer CUBIC SIMULATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer OMEGA TRAINING GROUP, INC., a Georgia corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer NEXTBUS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer DTECH LABS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer CUBIC GLOBAL DEFENSE, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer
Appears in 1 contract
Samples: Credit Agreement (Cubic Corp /De/)
Reaffirmation by the Guarantors. Each of the undersigned hereby (a) acknowledges that (i) it has reviewed that certain Second First Amendment (the “Amendment”; capitalized terms used and not otherwise defined herein have the meanings assigned to such terms in the Amendment), dated as of January [ ]December 12, 20162014, to that certain Second Amended and Restated Credit Agreement dated as of May 8, 2012 (the “Credit Agreement”), among Cubic Corporation Corporation, as the Borrower, the Lenders party thereto and JPMorgan Chase Bank, N.A., as the Administrative Agent, (ii) that certain Second Amended and Restated Guarantee, dated as of May 8, 2012, 2012 (the “Guarantee”) to which it is a party and the other Financing Documents to which it is a party remains in full force and effect, and (iii) under the terms of the Guarantee, it guarantees the Guaranteed Obligations (as defined in the Guarantee) and the other obligations set forth in the Guarantee, and (b) agrees that each Financing Document to which it is a party is hereby reaffirmed, ratified, approved and confirmed in each and every respect, except that, upon the effectiveness of, and on and after the date of, this Amendment, each reference to in the Guarantee in to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by the Amendment. CUBIC TRANSPORTATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC APPLICATIONS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC DEFENSE APPLICATIONS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC SIMULATION SYSTEMS, INC., a California Delaware corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer OMEGA TRAINING GROUP, INC., a Georgia corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer NEXTBUSABRAXAS CORPORATION, INC., a Delaware Virginia corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Treasurer DTECH LABS, INC., a Delaware corporation, as a Guarantor ByTitle: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer CUBIC GLOBAL DEFENSE, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer
Appears in 1 contract
Samples: Credit Agreement (Cubic Corp /De/)
Reaffirmation by the Guarantors. Each of the undersigned (a) acknowledges that (i) it has reviewed that certain Second First Amendment to Fifth Amended and Restated Credit Agreement (the “Amendment”; capitalized terms used and not otherwise defined herein have the meanings assigned to such terms in the Amendment), dated as of January [ ]July 2, 20162020, to that certain Second Fifth Amended and Restated Credit Agreement dated as of May 8March 27, 2012 2020 (the “Credit Agreement”), among Cubic Corporation Corporation, as the BorrowerCompany, the Subsidiary Borrowers party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A., as the Administrative Agent, (ii) that certain Second Fifth Amended and Restated Guarantee, dated as of May 8March 27, 2012, 2020 (the “Guarantee”) ), to which it is a party and the other Financing Documents to which it is a party remains in full force and effect, and (iii) under the terms of the Guarantee, it guarantees the Guaranteed Obligations (as defined in the Guarantee) and the other obligations set forth in the Guarantee, and (b) agrees that each Financing Document to which it is a party is hereby reaffirmed, ratified, approved and confirmed in each and every respect, except that, upon the effectiveness of, and on and after the date of, this the Amendment, each reference to in the Guarantee in to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by the Amendment. CUBIC TRANSPORTATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Vice President and Treasurer CUBIC DEFENSE APPLICATIONS, INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx Xxxxxxxx Title: Treasurer and Assistant Secretary Cubic Corporation CUBIC ITS, INC., a Texas corporation, as a Guarantor By: /s/ Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxxx Title: Treasurer CUBIC SIMULATION SYSTEMS, DELERROK INC., a California corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Treasurer OMEGA TRAINING GROUP GATR TECHNOLOGIES, INC., a Georgia an Alabama corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Treasurer NEXTBUS ISR SYSTEMS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Treasurer DTECH LABS NUVOTRONICS, INC., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Title: Treasurer CUBIC GLOBAL DEFENSE, INC. PIXIA CORP.., a Delaware corporation, as a Guarantor By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Rhys X. Xxxxxx Xxxxxxx X. Xxxxxx TreasurerXxxxxxxx Title: Treasurer Cubic Corporation EXHIBIT B [Intentionally Omitted]
Appears in 1 contract
Samples: Credit Agreement (Cubic Corp /De/)
Reaffirmation by the Guarantors. Each of the undersigned (a) acknowledges that (i) it has reviewed that certain Second First Amendment to Third Amended and Restated Credit Agreement (the “Amendment”; capitalized terms used and not otherwise defined herein have the meanings assigned to such terms in the Amendment), dated as of January [ ]May 4, 20162017, to that certain Second Third Amended and Restated Credit Agreement dated as of May 8August 11, 2012 2016 (the “Credit Agreement”), among Cubic Corporation as the Borrower, the Lenders party thereto and JPMorgan Chase Bank, N.A., as the Administrative Agent, (ii) that certain Second Third Amended and Restated Guarantee, dated as of May 8August 11, 20122016, (the “Guarantee”) to which it is a party and the other Financing Documents to which it is a party remains in full force and effect, and (iii) under the terms of the Guarantee, it guarantees the Guaranteed Obligations (as defined in the Guarantee) and the other obligations set forth in the Guarantee, and (b) agrees that each Financing Document to which it is a party is hereby reaffirmed, ratified, approved and confirmed in each and every respect, except that, upon the effectiveness of, and on and after the date of, this Amendment, each reference to the Guarantee in the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by the Amendment. CUBIC TRANSPORTATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: CUBIC DEFENSE APPLICATIONS, INC., a California corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: CUBIC SIMULATION SYSTEMS, INC., a California corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: OMEGA TRAINING GROUP, INC., a Georgia corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: NEXTBUS, INC., a Delaware corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: DTECH LABS, INC., a Delaware corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Treasurer Name: Title: CUBIC GLOBAL DEFENSE, INC., a Delaware corporation, as a Guarantor By: /s/ /s/Xxxxxxx X. Xxxxxx Name: Title: GATR TECHNOLOGIES, INC., an Alabama corporation, as a Guarantor By: /s/Xxxxxxx X. Xxxxxx TreasurerName: Title:
Appears in 1 contract
Samples: Credit Agreement (Cubic Corp /De/)