UBS AG, Stamford Branch in its capacity as issuer of Letters of Credit issued by it; (b) any other Lender that may become an Issuing Bank pursuant to Sections 2.18(j) and (k) in its capacity as issuer of Letters of Credit issued by such Lender; or (c) collectively, all of the foregoing.
UBS AG, Stamford Branch in its capacity as Issuing Lender, shall use reasonable efforts (consistent with its internal policy applied on a non-discriminatory basis and legal and regulatory restrictions) to designate a different existing office that is an Eligible Bank for purposes of this Agreement or to take other appropriate actions if such designations or actions, as the case may be, will avoid the need for or relieve, the amount of, any increased costs of, any amounts payable or otherwise payable under this Section 2.04 and will not, in the reasonable opinion of UBS AG, Stamford Branch, in its capacity as Issuing Lender, be otherwise disadvantageous to UBS AG, Stamford Branch, in its capacity as Issuing Lender. Reasonable costs and expenses of such mitigation shall be at the expense of Borrower; provided, that UBS AG, Stamford Branch, in its capacity as Issuing Lender, shall not incur any such costs and expenses without the prior written approval of the Borrower; provided, further, that, in the absence of such approval, the UBS AG, Stamford Branch, in its capacity as Issuing Lender, will have no obligations under this Section 2.04(d).
UBS AG, Stamford Branch as Administrative Agent, Collateral Agent, Letter of Credit Issuer and Lender By: Name: Title: SUNTRUST BANK as Letter of Credit Issuer and Lender By: Name: Title: [LENDERS] By: Name: Title: Exhibit B Form of Solvency Certificate I, the undersigned, the Chief Financial Officer of Wirepath LLC, a Delaware limited liability company (the “Borrower”), in that capacity only and not in my individual capacity (and without personal liability), do hereby certify as of the date hereof, and based upon facts and circumstances as they exist as of the date hereof (and disclaiming any responsibility for changes in such facts and circumstances after the date hereof), that:
UBS AG, Stamford Branch as the pledgee (together with its successors and assigns, the “Pledgee”); and
UBS AG, Stamford Branch as a Term Lender By: /s/ Xxxx Glfas Name: Xxxx Glfas Title: Director Banking Products Services, US If a second signature is necessary: By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director Banking Products Services, US AMENDMENT NO. 2 — PRESS XXXXX FIRST LIEN
UBS AG, Stamford Branch as Existing Administrative Agent, Existing Collateral Agent, Existing Swingline Lender and Existing Issuing Lender By: /s/ Dxxxxx Xxxxxxxx Name: Dxxxxx Xxxxxxxx Title: Associate Director By: /s/ Dxxxxxxx Xxxx Name: Dxxxxxxx Xxxx Title: Associate Director JPMORGAN CHASE BANK, N.A., as Successor Administrative Agent, Successor Collateral Agent, Issuing Lender, Swingline Lender and an Existing Lender By: /s/ Axxxxx Xxxxxxx Name: Axxxxx Xxxxxxx Title: Vice President Bank of America, N.A., as an Existing Lender By: /s/ Dxxxxxx Xxxxx Name: Dxxxxxx Xxxxx Title: Senior Vice President ING CAPITAL LLC, as an Existing Lender By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Director By: /s/ Jxxxxxx Xxx Name: Jxxxxxx Xxx Title: Director GXXXXXX SXXXX BANK USA, as an Existing Lender By: /s/ Axxxxx X. Xxxxxx Name: Axxxxx X. Xxxxxx Title: Authorized Signatory
UBS AG, Stamford Branch. By: /s/ Xxxxxxxx Xxxxxxxxx ----------------------------------- Name: Xxxxxxxx Xxxxxxxxx Title: Director By: /s/ Xxxxxx X. Xxxxxx XX ----------------------------------- Name: Xxxxxx X. Xxxxxx XX Title: Director Address: 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxxxx, XX 00000 Attention: Vladimira Holeckova Facsimile No.: 203.719.3888 JPMORGAN CHASE BANK By: /s/ Xxxxxxxxx Xxxxx ----------------------------------- Name: Xxxxxxxxx Xxxxx Title: Vice President Address: 000 Xxxx Xxxxxx, 00/xx/ Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx X. Xxxxxxxxxx Facsimile No.: 212.270.3513 CREDIT LYONNAIS NEW YORK BRANCH By: /s/ Xxxxxxx Heidseick ----------------------------------- Name: Xxxxxxx Heidseick Title: Senior Vice President Address: 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxx Facsimile No.: 212.459.3181 CIBC INC. By: /s/ Xxxxxxx Xxxxx ----------------------------------- Name: Xxxxxxx Xxxxx Title: Executive Director Address: 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxxx Xxxxx Facsimile No.: 212.856.3991 U.S. BANK NATIONAL ASSOCIATION d/b/a FIRSTAR BANK NA By: /s/ Xxxx X. Xxx ----------------------------------- Name: Xxxx X. Xxx Title: Vice President Address: Xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Xxxx Xxx Facsimile No.: 502.562.6460 XXXXXXX XXXXX CAPITAL CORPORATION By: /s/ Xxxxxxx X. X'Xxxxx ----------------------------------- Name: Xxxxxxx X. X'Xxxxx Title: Vice President Address: 4 World Financial Center Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxx Facsimile No.: 212.738.1649
UBS AG, Stamford Branch a company organised under the laws of Switzerland having its business address at 000 Xxxxxxxxxx Xxxx, Xxxxxxxx, XX 00000 (the “Collateral Agent”, “Administrative Agent” and “Original Pledgee 1”, as applicable),
UBS AG, Stamford Branch as agent and trustee for the Secured Parties referred to below (the Collateral Agent).
UBS AG, Stamford Branch as a Lender By: /s/ Lxxx Xxxxx Name: Lxxx Xxxxx Title: Director Banking Product Services, US By: /s/ Jxxxxxxx Xxxxxxxx Name: Jxxxxxxx Xxxxxxxx Title: Associate Director Banking Product Services, US [Signature page to OSG Bulk Ships ABL Credit Agreement (2014)] ANNEX I Initial Lenders and Revolving Commitments Lender Address for Notices Amount of Revolving Commitment Wxxxx Fargo Bank, National Association 100 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Loan Portfolio Manager – OSG Bulk Ships, Inc. Telephone: 200-000-0000 Fax: 200-000-0000 Email: txxxxx.xxxxxxxx@xxxxxxxxxx.xxx $ 40,000,000 JFIN Business Credit Fund I LLC 500 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Account Manager – Overseas Shipholding Group (OIN) Fax: (000) 000-0000 Email: JXXX.Xxxxx@Xxxxxxxxx.xxx $ 16,250,000 Barclays Bank PLC 70 Xxxxxx Xxxxxx Jersey City, New Jersey 07302 Attention: US Loan Operations Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: 10000000000@xxx.xxxxxxx.xxx For Questions/Inquires: xxxXXXxxxxxxxxxxxxXx@xxxxxxxx.xxx $ 11,250,000 UBS AG, Stamford Branch 600 Xxxxxxxxxx Xxxx. Xxxxxxxx, XX 00000 Attention: Banking Products Services Telephone: (000) 000-0000 Telecopier: (000) 000-0000 Email: sx-xxx@xxx.xxx $ 7,500,000 EXHIBIT A [Form of] ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (the “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [Insert Name of Assignor] (the “Assignor”) and [Insert Name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assignee. 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 Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, 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 rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount an...
