Reaffirmation of Guarantors. Each Guarantor consents to the execution and delivery by the Borrower of this Amendment and jointly and severally ratifies and confirms the terms of the Guaranty with respect to the indebtedness now or hereafter outstanding under the Credit Agreement as amended hereby and all promissory notes issued thereunder. Each Guarantor acknowledges that, notwithstanding anything to the contrary contained herein or in any other document evidencing any indebtedness of the Borrower to the Lenders or any other obligation of the Borrower, or any actions now or hereafter taken by the Lenders with respect to any obligation of the Borrower, the Guaranty (i) is and shall continue to be an absolute, unconditional, joint and several, continuing and irrevocable guaranty of payment of “Guarantor Obligations” to the extent and as provided therein; including, without limitation, all Borrowings and Letters of Credit made and issued under the Credit Agreement, as amended, and (ii) is and shall continue to be in full force and effect in accordance with its terms. Nothing contained herein to the contrary shall release, discharge, modify, change or affect the original liability of the Guarantors under the Guaranty. By: TEPPCO NGL PIPELINES, LLC, its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer $25,000,000 , 2006 FOR VALUE RECEIVED, TEPPCO PARTNERS, L.P., a Delaware limited partnership (the “Maker”), promises to pay to the order of SUNTRUST BANK (the “Payee”), the principal amount of TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) or, if less, the aggregate principal amount of all Swingline Loans made by Payee to Borrower pursuant to the Credit Agreement defined below, together with interest on the unpaid amounts thereof from time to time outstanding. This Swingline Note is a “Note” under the Amended and Restated Credit Agreement, dated as of October 21, 2004 (as the same has been, and may hereafter be, amended, supplemented or restated from time to time, the “Credit Agreement”), among the Maker, the Payee, certain other Lenders from time to time, and SunTrust Bank, as the Administrative Agent for the Lenders. All of the terms defined in the Credit Agreement have the same meanings when used in this Swingline Note, unless otherwise defined herein. This Swingline Note incorporates by reference the principal and interest payment terms in the Credit Agreement for this Swingline Note, including, without limitation, the final maturity date for this Swingline Note, which is the Stated Termination Date. Principal and interest are payable to the holder of this Swingline Note by payment to the Administrative Agent at its offices at 000 Xxxxxxxxx Xxxxxx, X.X., 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000 or at any other address of which the Administrative Agent may notify the Maker in writing. This Swingline Note also incorporates by reference all other provisions in the Credit Agreement applicable to this Swingline Note, including provisions for disbursement of principal, applicable interest rates before and after certain Events of Default, voluntary and mandatory prepayments, acceleration of maturity, exercise of Rights, payment of attorney’s fees, courts costs and other costs of collection, certain waivers by the Maker and other obligors, assurances and security, choice of New York and United States federal law, usury savings and other matters applicable to the Credit Documents under the Credit Agreement.
Appears in 1 contract
Reaffirmation of Guarantors. Each of the undersigned (each, a “Guarantor”) has previously executed that certain Subsidiary Guaranty Agreement dated as of December 14, 2018 (the “Guaranty”) in favor of the Administrative Agent for the benefit of itself and the Secured Parties in connection with the Credit Agreement. Each Guarantor understands that the Borrower, the Administrative Agent and the Lenders have entered into the foregoing Second Amendment to Amended and Restated Credit Agreement of even date herewith (the “Amendment”). Each Guarantor: (a) acknowledges it has read the Amendment, (b) consents to the execution and delivery of the Amendment by the Borrower of this Amendment and jointly and severally ratifies and confirms consents to the terms of matters set forth in the Amendment, (c) reaffirms its obligations under the Guaranty with respect to and acknowledges that such document covers all Obligations as the indebtedness now or hereafter outstanding under same may be amended and/or increased in the Credit Agreement as amended hereby and all promissory notes issued thereunder. Each Guarantor acknowledges thatAmendment, notwithstanding anything to the contrary contained herein or in any other document evidencing any indebtedness of the Borrower to the Lenders or any other obligation of the Borrower, or any actions now or hereafter taken by the Lenders with respect to any obligation of the Borrower, the (d) agrees that its Guaranty (i) is and shall continue to be an absolute, unconditional, joint and several, continuing and irrevocable guaranty of payment of “Guarantor Obligations” to the extent and as provided therein; including, without limitation, all Borrowings and Letters of Credit made and issued under the Credit Agreement, as amended, and (ii) is and shall continue to be remains in full force and effect in accordance with its terms. Nothing contained herein , (e) agrees that any reference in its Guaranty or any other Loan Documents to the contrary shall release, discharge, modify, change or affect Credit Agreement means the original liability Credit Agreement as amended by the Amendment and (f) agrees that all of the Guarantors under Secured Obligations, as amended by the GuarantyAmendment, are secured by all of the Security Documents. ByDated: TEPPCO NGL PIPELINESJune 30, LLC, its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP2020. CENTER MANUFACTURING HOLDINGS, INC., its General Partner as a Guarantor By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxx Title: Vice President and Chief Financial Officer By: TEPPCO GPOfficer, Secretary and Treasurer CENTER MANUFACTURING, INC., its General Partner as a Guarantor By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxx Title: Chief Financial Officer, Secretary and Treasurer CENTER—XXXXXXX PRODUCTS LLC, as a Guarantor By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Chief Financial Officer, Secretary and Treasurer DEFIANCE METAL PRODUCTS CO., as a Guarantor By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Vice President President, Secretary and Chief Financial Officer By: TEPPCO GPTreasurer DEFIANCE METAL PRODUCTS OF ARKANSAS, INC., its General Partner as a Guarantor By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxx Title: Vice President President, Secretary and Chief Financial Officer $25,000,000 Treasurer DEFIANCE METAL PRODUCTS OF PA., 2006 FOR VALUE RECEIVEDINC., TEPPCO PARTNERSas a Guarantor By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Secretary and Treasurer DEFIANCE METAL PRODUCTS OF WI, L.P.INC., as a Guarantor By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Secretary The undersigned, on behalf of MAYVILLE ENGINEERING COMPANY, INC., a Delaware limited partnership Wisconsin corporation (the “MakerBorrower”), promises hereby certifies to pay to the order of SUNTRUST BANK (the “Payee”), the principal amount of TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) or, if less, the aggregate principal amount of all Swingline Loans made by Payee to Borrower pursuant to the Credit Agreement defined below, together with interest on the unpaid amounts thereof from time to time outstanding. This Swingline Note is a “Note” under the Amended and Restated Credit Agreement, dated as of October 21, 2004 (as the same has been, and may hereafter be, amended, supplemented or restated from time to time, the “Credit Agreement”), among the Maker, the Payee, certain other Lenders from time to time, and SunTrust Bank, as the Administrative Agent for and the Lenders. All of the terms , each as defined in the Credit Agreement have the same meanings when used in this Swingline Notereferred to below, unless otherwise defined herein. This Swingline Note incorporates by reference the principal and interest payment terms in the Credit Agreement for this Swingline Note, including, without limitation, the final maturity date for this Swingline Note, which is the Stated Termination Date. Principal and interest are payable to the holder of this Swingline Note by payment to the Administrative Agent at its offices at 000 Xxxxxxxxx Xxxxxx, X.X., 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000 or at any other address of which the Administrative Agent may notify the Maker in writing. This Swingline Note also incorporates by reference all other provisions in the Credit Agreement applicable to this Swingline Note, including provisions for disbursement of principal, applicable interest rates before and after certain Events of Default, voluntary and mandatory prepayments, acceleration of maturity, exercise of Rights, payment of attorney’s fees, courts costs and other costs of collection, certain waivers by the Maker and other obligors, assurances and security, choice of New York and United States federal law, usury savings and other matters applicable to the Credit Documents under the Credit Agreement.as follows:
Appears in 1 contract
Samples: Credit Agreement (Mayville Engineering Company, Inc.)
Reaffirmation of Guarantors. Each Guarantor consents to the execution and delivery by the Borrower of this Amendment and jointly and severally ratifies and confirms the terms of the Guaranty with respect to the indebtedness now or hereafter outstanding under the Credit Agreement as amended hereby and all promissory notes issued thereunder. Each Guarantor acknowledges that, notwithstanding anything to the contrary contained herein or in any other document evidencing any indebtedness of the Borrower to the Lenders or any other obligation of the Borrower, or any actions now or hereafter taken by the Lenders with respect to any obligation of the Borrower, the Guaranty (i) is and shall continue to be an absolute, unconditional, joint and several, continuing and irrevocable guaranty of payment of “Guarantor Obligations” to the extent and as provided therein; including, without limitation, all Borrowings and Letters of Credit made and issued under the Credit Agreement, as amended, and (ii) is and shall continue to be in full force and effect in accordance with its terms. Nothing contained herein to the contrary shall release, discharge, modify, change or affect the original liability of the Guarantors under the Guaranty. By: TEPPCO GP, INC., a General Partner By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Treasurer By: TEPPCO MIDSTREAM COMPANIES L.P., a General Partner By: TEPPCO GP, INC., a General Partner By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Treasurer By: TEPPCO NGL PIPELINES, LLC, its General Partner By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxxxxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Treasurer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxxxxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Treasurer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxxxxxx Name: Xxxxxxx Xxxx X. Xxxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Treasurer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX Xxxx X. XXXXXX Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Treasurer SunTrust Bank 000 Xxxxxxxxx Xx. X.X. 00xx Xxxxx Xxxxxxx, XX 00000 $ 90,000,000.00 Attn: Phone: Fax: Xxx Xxxxxx 000-000-0000 000-000-0000 Wachovia Bank, National Association 0000 Xxxxxx Xxxxxx Suite 2255 Houston, TX 77002 $ 90,000,000.00 Attn: Phone: Fax: Xxxxxxx Xxxxxxxx 000-000-0000 000-000-0000 JPMORGAN CHASE BANK, N.A., Mail Code IL1-0362 0 Xxxx Xxx Xxxxx Xxxxxxx, XX 00000 $ 72,500,000 Attn: Phone: Fax: Xxxxxx Xxxxxxxxxxx Vice President 000-000-0000 000-000-0000 Key Bank, N.A. Mail Code WA-31-18-0512 000 000xx Xxxxxx XX, 0xx Xxxxx Xxxxxxxx, XX 00000 $ 72,500,000 Attn: Phone: Fax: Xxxxx X. Xxxxx Vice President 000-000-0000 000-000-0000 BNP Paribas 0000 Xxxxx Xxxxxx, Suite 3100 Houston, TX 77002 $ 72,500,000 Attn: Phone: Fax: Xxxx X. Xxxxxx Assistant Vice President 000-000-0000 000-000-0000 The Royal Bank of Scotland plc New York Branch 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 $ 72,500,000 Attn: Phone: Fax: Xxxxxx Xxxx 000-000-0000 000-000-0000 Xxxxx Fargo Bank, NA 0000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxx, XX 00000 $ 60,000,000 Attn: Phone: Fax: Xxxxxxx Xxxxx Relationship Manager 000-000-0000 000-000-0000 Union Bank of California, N.A. $ 50,000,000 UBS Loan Finance LLC 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxxxx, XX 00000 $ 40,000,000 Attn: Phone: Fax: Xxxxxxxxxxx X. Xxxxxx 000-000-0000 000-000-0000 The Bank of New York Oil & Gas Division Xxx Xxxx Xxxxxx Xxx Xxxx, XX 00000 $ 35,000,000 Attn: Phone: Fax: Xxxxx X. Xxxxxx Vice President 000-000-0000 000-000-0000 KBC Bank N.V. New York Branch 000 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 $ 20,000,000 Attn: Phone: Xxxxxxx X. Xxxxxx Title: Xxxxxxxx Vice President and Chief Financial Officer $25,000,000 000-000-0000 000-000-0000 Bank of Communications, 2006 FOR VALUE RECEIVED, TEPPCO PARTNERS, L.P., a Delaware limited partnership (the “Maker”), promises to pay to the order of SUNTRUST BANK (the “Payee”), the principal amount of TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) or, if less, the aggregate principal amount of all Swingline Loans made by Payee to Borrower pursuant to the Credit Agreement defined below, together with interest on the unpaid amounts thereof from time to time outstanding. This Swingline Note is a “Note” under the Amended and Restated Credit Agreement, dated as of October 21, 2004 (as the same has been, and may hereafter be, amended, supplemented or restated from time to time, the “Credit Agreement”), among the Maker, the Payee, certain other Lenders from time to time, and SunTrust Bank, as the Administrative Agent for the Lenders. All of the terms defined in the Credit Agreement have the same meanings when used in this Swingline Note, unless otherwise defined herein. This Swingline Note incorporates by reference the principal and interest payment terms in the Credit Agreement for this Swingline Note, including, without limitation, the final maturity date for this Swingline Note, which is the Stated Termination Date. Principal and interest are payable to the holder of this Swingline Note by payment to the Administrative Agent at its offices at 000 Xxxxxxxxx Xxxxxx, X.X.New York Branch One Exchange Plaza 00 Xxxxxxxx, 00xx XxxxxXxxxx Xxx Xxxx, XxxxxxxXX 00000 $ 15,000,000 Attn: Phone: Fax: Xxxxxx Xxx Senior Vice President & Senior Manager 212-376-8030 ext. 120 000-000-0000 Bank Hapoalim B.M. 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 $ 10,000,000 Attn: Phone: Fax: Xxxxx Xxxxxxx 00000 or at any other address of which the Administrative Agent may notify the Maker in writing. This Swingline Note also incorporates by reference all other provisions in the Credit Agreement applicable to this Swingline Note, including provisions for disbursement of principal, applicable interest rates before and after certain Events of Default, voluntary and mandatory prepayments, acceleration of maturity, exercise of Rights, payment of attorney’s fees, courts costs and other costs of collection, certain waivers by the Maker and other obligors, assurances and security, choice of New York and United States federal law, usury savings and other matters applicable to the Credit Documents under the Credit Agreement.Assistant Vice President 000-000-0000 000-000-0000
Appears in 1 contract
Reaffirmation of Guarantors. Each Guarantor In satisfaction of the condition set forth in the above Second Amendment to Financing Agreement (the “Second Amendment”) by and among CITISTEEL USA, INC. (“Borrower”), U.S. BANK NATIONAL ASSOCIATION, as Agent and LC Issuer, and the Lenders party thereto (Agent, the LC Issuer and the Lenders being, collectively, the “Secured Creditors”), the undersigned (each, a “Guarantor”) hereby: (i) consents to the execution of the Second Amendment and delivery the consummation of the transactions contemplated thereby, (ii) ratifies and reaffirms its Guaranty dated as of August 25, 2005, made by such Guarantor for the benefit of the Secured Creditors (each, a “Guaranty”), (iii) ratifies and reaffirms its Security Agreement dated as of August 25, 2005, made by such Guarantor for the benefit of the Secured Creditors (each, a “Affiliate Guarantor Security Agreement”), (iv) ratifies and reaffirms Holding Co.’s Stock Pledge Agreement dated as of August 25, 2005, made by Holding Co. for the benefit of the Secured Creditors (each, a “Stock Pledge Agreement”), and (v) acknowledges and agrees that no Guarantor is released from its respective obligations under its Guaranty, Affiliate Guarantor Security Agreement or Stock Pledge Agreement by reason of the Second Amendment or the transactions contemplated thereby and that the obligations of each Guarantor under its respective Guaranty, Affiliate Guarantor Security Agreement and, as applicable, Stock Pledge Agreement extend, among other Obligations of Borrower to the Secured Creditors, to the Obligations of Borrower under the Financing Agreement, as amended by the Borrower of this Amendment and jointly and severally ratifies and confirms Second Amendment. Without limiting the terms generality of the Guaranty foregoing, each Guarantor acknowledges and agrees all references in each Guaranty, Affiliate Guarantor Security Agreement, and Stock Pledge Agreement to the Financing Agreement shall be deemed to be references to the Financing Agreement, as amended by the Second Amendment. This Reaffirmation of Guarantors shall not be construed, by implication or otherwise, as imposing any requirement that any Secured Creditor notify or seek the consent of any Guarantor relative to any past or future extension of credit, or modification, extension or other action with respect thereto, in order for any such extension of credit or modification, extension or other action with respect thereto to be subject to such Guaranty, it being expressly acknowledged and reaffirmed that each Guarantor has under its Guaranty consented, among others things, to modifications, extensions and other actions with respect thereto without any notice thereof or further consent thereto. All capitalized terms used in this Reaffirmation of Guarantors and not otherwise defined herein shall have the indebtedness now or hereafter outstanding under meanings ascribed thereto in the Credit Agreement as amended hereby and all promissory notes issued thereunderSecond Amendment. Each Guarantor acknowledges that, notwithstanding anything to the contrary contained herein or in any other document evidencing any indebtedness receipt of an executed copy of the Borrower to Second Amendment. This Reaffirmation of Guarantors may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute one and the Lenders same instrument. This Reaffirmation of Guarantors may be signed by facsimile signatures or any other obligation electronic delivery of an image file reflecting the Borrowerexecution hereof, or any actions now or hereafter taken by the Lenders with respect to any obligation of the Borrowerand if so signed, the Guaranty (i) is and shall continue to may be an absolute, unconditional, joint and several, continuing and irrevocable guaranty relied on by the Secured Creditors as if this Reaffirmation of payment of “Guarantor Obligations” to the extent and as provided therein; including, without limitation, all Borrowings and Letters of Credit made and issued under the Credit Agreement, as amended, Guarantors were a manually signed original and (ii) is and shall continue to will be in full force and effect in accordance with its terms. Nothing contained herein to the contrary shall release, discharge, modify, change or affect the original liability of the Guarantors under the Guaranty. By: TEPPCO NGL PIPELINES, LLC, its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INCbinding on such Guarantor for all purposes., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer By: TEPPCO GP, INC., its General Partner By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President and Chief Financial Officer $25,000,000 , 2006 FOR VALUE RECEIVED, TEPPCO PARTNERS, L.P., a Delaware limited partnership (the “Maker”), promises to pay to the order of SUNTRUST BANK (the “Payee”), the principal amount of TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) or, if less, the aggregate principal amount of all Swingline Loans made by Payee to Borrower pursuant to the Credit Agreement defined below, together with interest on the unpaid amounts thereof from time to time outstanding. This Swingline Note is a “Note” under the Amended and Restated Credit Agreement, dated as of October 21, 2004 (as the same has been, and may hereafter be, amended, supplemented or restated from time to time, the “Credit Agreement”), among the Maker, the Payee, certain other Lenders from time to time, and SunTrust Bank, as the Administrative Agent for the Lenders. All of the terms defined in the Credit Agreement have the same meanings when used in this Swingline Note, unless otherwise defined herein. This Swingline Note incorporates by reference the principal and interest payment terms in the Credit Agreement for this Swingline Note, including, without limitation, the final maturity date for this Swingline Note, which is the Stated Termination Date. Principal and interest are payable to the holder of this Swingline Note by payment to the Administrative Agent at its offices at 000 Xxxxxxxxx Xxxxxx, X.X., 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000 or at any other address of which the Administrative Agent may notify the Maker in writing. This Swingline Note also incorporates by reference all other provisions in the Credit Agreement applicable to this Swingline Note, including provisions for disbursement of principal, applicable interest rates before and after certain Events of Default, voluntary and mandatory prepayments, acceleration of maturity, exercise of Rights, payment of attorney’s fees, courts costs and other costs of collection, certain waivers by the Maker and other obligors, assurances and security, choice of New York and United States federal law, usury savings and other matters applicable to the Credit Documents under the Credit Agreement.
Appears in 1 contract
Samples: Financing Agreement (Claymont Steel Holdings, Inc.)
