Common use of Schedule and Exhibits Clause in Contracts

Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Schedule 6.01(j) Taxes Schedule 6.01(1) Business Schedule 6.01(o) Real Property Schedule 6.01(q) Environmental Matters Schedule 6.01(u) Intellectual Property Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(e) Existing Investments Schedule 7.02(h) Transactions with Affiliates Schedule 7.02(i) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations Exhibit A Form of Assignment and Acceptance Exhibit B Form of Borrowing Base Certificate Exhibit C Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Exhibit G Form of Notice of Conversion/Continuation Exhibit H List of Closing Documents Reference is made to that certain Financing Agreement, dated as of October 1, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among Body Central Acquisition Corp. and each other Person who becomes a borrower thereunder (each a “Borrower” and collectively “Borrowers”), the Guarantors party thereto, Dymas Funding Company, LLC, as Administrative Agent, and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity as a Lender under the Financing Agreement (the “Assignor”), and , a(n) (the “Assignee”) agree as follows:

Appears in 1 contract

Samples: Financing Agreement (Body Central Acquisition Corp)

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Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 1.01(B) Earnouts Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Schedule 6.01(j6.01(i) Taxes ERISA Schedule 6.01(16.01(l) Nature of Business Schedule 6.01(o) Real Property and Facilities Schedule 6.01(q) Franchise Matters Schedule 6.01(r) Environmental Matters Schedule 6.01(u6.01(s) Insurance Schedule 6.01(v) Bank Accounts Schedule 6.01(w) Intellectual Property Schedule 6.01(x) Material Contracts Schedule 6.01(dd) Name; Jurisdiction of Organization; Organizational ID Number; Chief Place of Business; Chief Executive Office; FEIN Schedule 6.01(ee) Collateral Locations Schedule 7.01(s) Post-Closing Obligations Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(c) Capitalized Lease Obligations Schedule 7.02(e) Existing Investments Schedule 7.02(h7.02(e)(xx) Franchisee Loan Parameters Schedule 7.02(j) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Banks/Cash Management Accounts Exhibit A Form of Joinder Agreement Exhibit B Form of Notice of Borrowing Exhibit C Form of LIBOR Notice Exhibit D Form of Assignment and Acceptance Exhibit B Form of Borrowing Base Certificate Exhibit C E Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Franchise Report Exhibit G Form of Notice of Conversion/Continuation Exhibit H List of Closing Documents Reference is made to that certain U.S. Tax Compliance Certificate Financing Agreement, dated as of October 1April 19, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2021, by and among Body Central Acquisition Corp. Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (“XF”), each Subsidiary (as hereinafter defined) of Parent listed as a “Borrower” on the signature pages hereto (together with XF and each other Person who that executes a joinder agreement and becomes a borrower thereunder (“Borrower” hereunder, each a “Borrower” and collectively collectively, the “Borrowers”), the Guarantors party thereto, Dymas Funding Company, LLC, as Administrative Agent, and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity each other Subsidiary of Parent listed as a Lender under “Guarantor” on the Financing Agreement signature pages hereto (together with Parent and each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “AssignorGuarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, a(n) (the “AssigneeLenders”), Wilmington Trust, National Association (“Wilmington Trust”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns, the “Collateral Agent”) agree and Wilmington Trust, as follows:administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and collectively, the “Agents”).

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders' Commitments Schedule 1.01(B) DBM Facilities Schedule 1.01(C) Graywolf Facilities Schedule 1.01(D) Historical Consolidated EBITDA Schedule 1.01(E) Graywolf Acquisition Pro Forma EBITDA Schedule 5.01(d) Effective Date Control Agreements Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f6.01(l) Litigation; Commercial Tort Claims Schedule 6.01(j) Taxes Schedule 6.01(1) Nature of Business Schedule 6.01(o6.01(p) Real Property Employee and Labor Matters Schedule 6.01(q6.01(r) Environmental Matters Insurance Schedule 6.01(u) Registered Intellectual Property Schedule 6.01(aa) Transactions with Affiliates Schedule 6.01(ll) Third Party Leases Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(e) Existing Investments Schedule 7.02(h) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Accounts Schedule 12.07 Disqualified Institutions Exhibit A Form of Joinder Agreement Exhibit B Form of Assignment and Acceptance Exhibit B Form of Borrowing Base Certificate Exhibit C Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Exhibit D Form of LIBOR Notice Exhibit E Form of Compliance Certificate Exhibit F-1 Form of U.S. Tax Compliance Certificate (Foreign Lenders) Exhibit F-2 Form of U.S. Tax Compliance Certificate (Foreign Participants) Exhibit F-3 Form of U.S. Tax Compliance Certificate (Foreign Participants) Exhibit F-4 Form of U.S. Tax Compliance Certificate (Foreign Lenders) Exhibit G Form of Note Exhibit H Form of Notice of Conversion/Continuation Optional Prepayment Exhibit H List I Form of Closing Documents Reference is made to that certain Notice of Mandatory Prepayment US-DOCS\103792213.14 Financing Agreement, dated as of October 1November 30, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2018, by and among Body Central Acquisition Corp. DBM Global Inc., a Delaware corporation ("DBM" or the “Company”), each subsidiary of DBM listed as a "Borrower" on the signature pages hereto (together with DBM and each other Person who that executes a joinder agreement and becomes a borrower thereunder "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of DBM listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder, each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a “Borrower” "Lender" and collectively “Borrowers”collectively, the "Lenders"), the Guarantors party thereto, Dymas Funding Company, LLCTCW Asset Management Company LLC ("TCW"), as Administrative collateral agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent, and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity as a Lender under the Financing Agreement (the “Assignor”"), and TCW, a(n) as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Assignee”) agree as follows:"Administrative Agent" and together with the Collateral Agent, each an "Agent" and collectively, the "Agents").

Appears in 1 contract

Samples: Financing Agreement (Hc2 Holdings, Inc.)

Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 1.01(B) Facilities Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Litigation Schedule 6.01(j6.01(h) Taxes Compliance with Law Schedule 6.01(16.01(i) ERISA Schedule 6.01(l) Nature of Business Schedule 6.01(o6.01(p) Real Property Labor Matters Schedule 6.01(q) Environmental Matters Schedule 6.01(r) Insurance Schedule 6.01(u) Intellectual Property Schedule 6.01(v) Material Contracts Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(e) Existing Investments Schedule 7.02(h) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Accounts Exhibit A Form of Joinder Agreement Exhibit B Form of Assignment and Acceptance Exhibit B Form of Borrowing Base Certificate Exhibit C Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Exhibit G D Form of SOFR Notice Exhibit E Form of Conversion/Continuation Compliance Certificate Exhibit H List F Form of Closing Documents Reference is made to that certain Asset Coverage Certificate Exhibit 2.09(d) Forms of U.S. Tax Compliance Certificate Financing Agreement, dated as of October 1November 6, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2023, by and among Body Central Acquisition Corp. ORTHOFIX MEDICAL INC., a Delaware corporation (the “Parent”, the “Company” and the “Borrower”), each subsidiary of the Parent listed as a “Guarantor” on the signature pages hereto (together with each other Person who subsidiary of the Company that executes a joinder agreement and becomes a borrower thereunder “Guarantor” hereunder, each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party hereto (each a “BorrowerLender” and collectively collectively, the BorrowersLenders”), the Guarantors party thereto, Dymas Funding Company, Blue Torch Finance LLC, a Delaware limited liability company (“Blue Torch”), as Administrative Agentcollateral agent for the Lenders (in such capacity, together with its successors and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to assigns in such terms in the Financing Agreement. capacity, solely in its capacity as a Lender under the Financing Agreement (the “AssignorCollateral Agent”), and Blue Torch, a(n) as administrative agent and mandatario con rappresentanza for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “AssigneeAdministrative Agent” and together with the Collateral Agent, each an “Agent” and collectively, the “Agents) agree as follows:).

Appears in 1 contract

Samples: Financing Agreement (Orthofix Medical Inc.)

Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 1.01(B) Facilities Schedule 1.01(D) Specified Party Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Litigation Schedule 6.01(j6.01(i) Taxes ERISA Schedule 6.01(16.01(l) Nature of Business Schedule 6.01(o) Real Property Schedule 6.01(q) Environmental Matters Schedule 6.01(r)Insurance Schedule 6.01(u) Intellectual Property Schedule 7.02(a6.01(v) Existing Material Contracts Schedule 7.02(a)Existing Liens Schedule 7.02(b) Existing 7.02(b)Existing Indebtedness Schedule 7.02(e) Existing 7.02(e)Existing Investments Schedule 7.02(h) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Accounts Exhibit A Form of Joinder Agreement Exhibit B Form of Assignment and Acceptance Exhibit B C Form of Notice of Borrowing Exhibit DForm of LIBOR Notice Exhibit E Form of Borrowing Base Certificate Exhibit C F Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Exhibit G Form of Notice of Conversion/Continuation Exhibit H List of Closing Documents Reference is made to that certain Amended and Restated Financing Agreement, dated as of October 1June 29, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2021, by and among Body Central Acquisition Corp. ALJ Regional Holdings, Inc., a Delaware corporation (the “Parent”), Faneuil, Inc., a Delaware corporation (“Faneuil”), Phoenix Color Corp., a Delaware corporation (“PCC”, and together with the Parent, Faneuil, and each other Person who that executes a joinder agreement and becomes a borrower thereunder ("Borrower" hereunder, each a “Borrower” and collectively collectively, the “Borrowers”), each subsidiary of the Guarantors party thereto, Dymas Funding Company, LLC, as Administrative Agent, and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity Parent listed as a Lender under “Guarantor” on the Financing Agreement signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “AssignorGuarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), and PNC Bank, a(n) National Association (“PNC”), as administrative agent and collateral agent for the Lenders (in such respective capacities, together with its successors and assigns in such respective capacities, the “AssigneeAdministrative Agent) agree as follows:, the “Collateral Agent” and the “Agents”).

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

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Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 1.01(B) Earnouts Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Schedule 6.01(j6.01(i) Taxes ERISA Schedule 6.01(16.01(l) Nature of Business Schedule 6.01(o) Real Property and Facilities Schedule 6.01(q) Franchise Matters Schedule 6.01(r) Environmental Matters Schedule 6.01(u6.01(s) Insurance Schedule 6.01(v) Bank Accounts Schedule 6.01(w) Intellectual Property Schedule 6.01(x) Material Contracts Schedule 6.01(dd) Name; Jurisdiction of Organization; Organizational ID Number; Chief Place of Business; Chief Executive Office; FEIN Schedule 6.01(ee) Collateral Locations Schedule 7.01(s) Post-Closing Obligations Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(c) Capitalized Lease Obligations Schedule 7.02(e) Existing Investments Schedule 7.02(h7.02(e)(xx) Franchisee Loan Parameters Schedule 7.02(j) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Banks/Cash Management Accounts Exhibit A Form of Joinder Agreement Exhibit B Form of Notice of Borrowing Exhibit C Form of SOFR Notice Exhibit D Form of Assignment and Acceptance Exhibit B Form of Borrowing Base Certificate Exhibit C E Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Franchise Report Exhibit G Form of Notice of Conversion/Continuation Exhibit H List of Closing Documents Reference is made to that certain U.S. Tax Compliance Certificate #97100791v3 Financing Agreement, dated as of October 1April 19, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2021, by and among Body Central Acquisition Corp. Xponential Intermediate Holdings, LLC, a Delaware limited liability company (the “Parent”), Xponential Fitness LLC, a Delaware limited liability company (“XF”), each Subsidiary (as hereinafter defined) of Parent listed as a “Borrower” on the signature pages hereto (together with XF and each other Person who that executes a joinder agreement and becomes a borrower thereunder (“Borrower” hereunder, each a “Borrower” and collectively collectively, the “Borrowers”), the Guarantors party thereto, Dymas Funding Company, LLC, as Administrative Agent, and the Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity each other Subsidiary of Parent listed as a Lender under “Guarantor” on the Financing Agreement signature pages hereto (together with Parent and each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “AssignorGuarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, a(n) (the “AssigneeLenders”), Wilmington Trust, National Association (“Wilmington Trust”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns, the “Collateral Agent”) agree and Wilmington Trust, as follows:administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and collectively, the “Agents”).

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

Schedule and Exhibits. Schedule 1.01(A) Lenders and Lenders’ Commitments Schedule 1.01(B) Facilities Schedule 1.01(D) Specified Party Schedule 6.01(e) Capitalization; Subsidiaries Schedule 6.01(f) Litigation; Commercial Tort Claims Litigation Schedule 6.01(j6.01(i) Taxes ERISA Schedule 6.01(16.01(l) Nature of Business Schedule 6.01(o) Real Property Schedule 6.01(q) Environmental Matters Schedule 6.01(r) Insurance Schedule 6.01(u) Intellectual Property Schedule 6.01(v) Material Contracts Schedule 7.02(a) Existing Liens Schedule 7.02(b) Existing Indebtedness Schedule 7.02(e) Existing Investments Schedule 7.02(h) Transactions with Affiliates Schedule 7.02(i7.02(k) Limitations on Dividends and Other Payment Restrictions Schedule 7.02(n) Contingent Obligations 8.01 Cash Management Accounts Exhibit A Form of Joinder Agreement Exhibit B Form of Assignment and Acceptance Exhibit B C Form of Notice of Borrowing Exhibit D Form of LIBOR Notice Exhibit E Form of Borrowing Base Certificate Exhibit C F Form of Compliance Certificate Exhibit D Form of Excess Cash Flow Certificate Exhibit E Form of Guarantor Joinder Exhibit F Form of Notice of Borrowing Exhibit G Form of Notice of Conversion/Continuation Exhibit H List of Closing Documents Reference is made to that certain AMENDED AND RESTATED FINANCING AGREEMENT Amended and Restated Financing Agreement, dated as of October 1June 29, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”)2021, by and among Body Central Acquisition Corp. ALJ Regional Holdings, Inc., a Delaware corporation (the "Parent"), Faneuil, Inc., a Delaware corporation ("Faneuil"), Phoenix Color Corp., a Delaware corporation ("PCC", and together with the Parent, Faneuil, and each other Person who that executes a joinder agreement and becomes a borrower thereunder "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a “Borrower” "Lender" and collectively “Borrowers”)collectively, the Guarantors party thereto, Dymas Funding Company, LLC, as Administrative Agent, and the "Lenders. Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Financing Agreement. , solely in its capacity as a Lender under the Financing Agreement (the “Assignor”), and PNC Bank, a(n) National Association (“PNC”), as administrative agent and collateral agent for the Lenders (in such respective capacities, together with its successors and assigns in such respective capacities, the “AssigneeAdministrative Agent) agree as follows:, the “Collateral Agent” and the “Agents”).

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

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