Common use of W I T N E S S E T H WHEREAS Clause in Contracts

W I T N E S S E T H WHEREAS. the Borrowers, the Guarantor Companies, the financial institutions from time to time party thereto (each a "Lender" and collectively, the "Lenders"), the Agent and Bank Leumi are parties to the Amended Revolving Credit Agreement, dated as of June 22, 2006 (as amended by (i) the First Amendment, dated as of August 4, 2006, (ii) the Waiver, Consent, Partial Release and Second Amendment, dated as of February 28, 2007, (iii) the Third Amendment, dated as of June 29, 2007, (iv) the Waiver, Consent, Partial Release and Fourth Amendment, dated as of July 2, 2008, (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREAS, the Loan Parties, the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;

Appears in 1 contract

Samples: Credit Agreement

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W I T N E S S E T H WHEREAS. on October 28, 2020, Lead Borrower, Redwire Intermediate Holdings, LLC, a Delaware limited liability company (“Parent”), the other Borrowers, the Guarantor Companiesother Guarantors, the financial institutions Lenders (as defined therein) from time to time party thereto (each a "Lender" and collectivelyparties thereto, the "Lenders")ASP, the Collateral Agent and Bank Leumi are parties Administrative Agent entered into that certain Credit Agreement (as amended and/or supplemented by that certain (i) First Amendment to the Amended Revolving Credit Agreement, dated as of June 22February 17, 2006 2021, (ii) Joinder to Credit Agreement, dated as amended by of March 16, 2021, (iiii) the First AmendmentSecond Amendment to Credit Agreement, dated as of September 2, 2021 (iv) Joinder to Credit Agreement, dated as of December 28, 2021, (v) Third Amendment to Credit Agreement, dated as of March 25, 2022, (vi) Fourth Amendment to Credit Agreement, dated as of August 48, 20062022, (iivii) the Waiver, Consent, Partial Release and Second AmendmentFifth Amendment to Credit Agreement, dated as of February October 28, 2007, (iii) the Third Amendment, dated as of June 29, 2007, (iv) the Waiver, Consent, Partial Release 2022 and Fourth Amendment, dated as of July 2, 2008, (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, modified, renewed, extended, restated and/or supplemented or otherwise modified from time to timetime prior to the date hereof, the "“Existing Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREASas further modified by this Amendment, the Loan Parties, “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination meaning ascribed thereto in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;.

Appears in 1 contract

Samples: Credit Agreement (Redwire Corp)

W I T N E S S E T H WHEREAS. on October 28, 2020, Lead Borrower, Parent, the other Borrowers, the Guarantor Companiesother Guarantors, the financial institutions Lenders (as defined therein) from time to time party thereto (each a "Lender" and collectivelyparties thereto, the "Lenders"), the Collateral Agent and Bank Leumi are parties Administrative Agent entered into that certain Credit Agreement (as amended and/or supplemented by that certain (i) First Amendment to the Amended Revolving Credit Agreement, dated as of February 17, 2021, (ii) Joinder to Credit Agreement, dated as of March 16, 2021, (iii) Second Amendment to Credit Agreement, dated as of September 2, 2021, (iv) Joinder to Credit Agreement, dated as of December 28, 2021, (v) Third Amendment to Credit Agreement, dated as of March 25, 2022, (vi) Fourth Amendment to Credit Agreement, dated as of August 8, 2022, (vii) Fifth Amendment to Credit Agreement, dated as of October 28, 2022, (viii) Sixth Amendment to Credit Agreement, dated as of June 2223, 2006 2023, (as amended by (iix) the First AmendmentSeventh Amendment to Credit Agreement, dated as of August 4December 22, 20062023, (ii) the Waiver, Consent, Partial Release and Second Amendment, dated as of February 28, 2007, (iii) the Third Amendment, dated as of June 29, 2007, (iv) the Waiver, Consent, Partial Release and Fourth Amendment, dated as of July 2, 2008, (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, modified, renewed, extended, restated and/or supplemented or otherwise modified from time to timetime prior to the date hereof, the "“Existing Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREASas further modified by this Amendment, the Loan Parties, “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination meaning ascribed thereto in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;.

Appears in 1 contract

Samples: Credit Agreement (Redwire Corp)

W I T N E S S E T H WHEREAS. the BorrowersBorrower, the Guarantor CompaniesGuarantors, the several banks and other financial institutions institu- tions party thereto from time to time party thereto (each a "Lender" the “Lenders”) and collectively, the "Lenders"), the Administrative Agent and Bank Leumi are parties to that certain Credit Agreement dated as of April 30, 2019, as amended by the Amended Revolving First Amendment dated as of December 13, 2019, as further amended by the Second Amendment to Credit AgreementAgree- ment dated as of March 25, 2020, as further amended by the Third Amendment to Credit Agree- ment dated as of April 8, 2020, as further amended by the Fourth Amendment to Credit Agree- ment dated as of April 16, 2020, as further amended by the Fifth Amendment to Credit Agree- ment dated as of June 2223, 2006 (2020, as further amended by (i) the First Amendment, Sixth Amendment to Credit Agree- ment dated as of August 4April 6, 2006, (ii) 2021,as further amended by the Waiver, Consent, Partial Release and Second Amendment, dated as of February 28, 2007, (iii) the Third Amendment, Seventh Amendment to Credit Agree- ment dated as of June 2928, 2007, (iv) 2021 and as further amended by the Waiver, Consent, Partial Release and Fourth Amendment, Eighth Amendment to the Credit Agreement dated as of July 2September 30, 2008, 2021 (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, amended and restated, waived, supplemented or otherwise modified from time to time, the "Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREAS, the Loan Parties, the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;

Appears in 1 contract

Samples: Credit Agreement (Carrols Restaurant Group, Inc.)

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W I T N E S S E T H WHEREAS. on October 28, 2020, Lead Borrower, Parent, the other Borrowers, the Guarantor Companiesother Guarantors, the financial institutions Lenders (as defined therein) from time to time party thereto (each a "Lender" and collectivelyparties thereto, the "Lenders"), the Collateral Agent and Bank Leumi are parties Administrative Agent entered into that certain Credit Agreement (as amended and/or supplemented by that certain (i) First Amendment to the Amended Revolving Credit Agreement, dated as of February 17, 2021, (ii) Joinder to Credit Agreement, dated as of March 16, 2021, (iii) Second Amendment to Credit Agreement, dated as of September 2, 2021, (iv) Joinder to Credit Agreement, dated as of December 28, 2021, (v) Third Amendment to Credit Agreement, dated as of March 25, 2022, (vi) Fourth Amendment to Credit Agreement, dated as of August 8, 2022, (vii) Fifth Amendment to Credit Agreement, dated as of October 28, 2022, (viii) Sixth Amendment to Credit Agreement, dated as of June 2223, 2006 (as amended by (i) the First Amendment2023, dated as of August 4, 2006, (ii) the Waiver, Consent, Partial Release and Second Amendment, dated as of February 28, 2007, (iii) the Third Amendment, dated as of June 29, 2007, (iv) the Waiver, Consent, Partial Release and Fourth Amendment, dated as of July 2, 2008, (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, modified, renewed, extended, restated and/or supplemented or otherwise modified from time to timetime prior to the date hereof, the "“Existing Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREASas further modified by this Amendment, the Loan Parties, “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination meaning ascribed thereto in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;.

Appears in 1 contract

Samples: Credit Agreement (Redwire Corp)

W I T N E S S E T H WHEREAS. on October 28, 2020, Lead Borrower, Parent, the other Borrowers, the Guarantor Companiesother Guarantors, the financial institutions Lenders (as defined therein) from time to time party thereto (each a "Lender" and collectivelyparties thereto, the "Lenders"), the Collateral Agent and Bank Leumi are parties Administrative Agent entered into that certain Credit Agreement (as amended and/or supplemented by that certain (i) First Amendment to the Amended Revolving Credit Agreement, dated as of June 22February 17, 2006 2021, (ii) Joinder to Credit Agreement, dated as amended by of Xxxxx 00, 0000, (ixxx) the First AmendmentSecond Amendment to Credit Agreement, dated as of September 2, 202,1 (iv) Joinder to Credit Agreement, dated as of December 28, 2021, (v) Third Amendment to Credit Agreement, dated as of March 25, 2022, (vi) Fourth Amendment to Credit Agreement, dated as of August 48, 20062022, (ii) the Waiver, Consent, Partial Release and Second Amendment, dated as of February 28, 2007, (iii) the Third Amendment, dated as of June 29, 2007, (iv) the Waiver, Consent, Partial Release and Fourth Amendment, dated as of July 2, 2008, (v) the Fifth Amendment, dated as of July 31, 2009, (vi) the Sixth Amendment, dated as of May 10, 2010, (vii) the Seventh Amendment, dated as of June 1, 2010, (viii) the Eighth Amendment, dated as of June 16, 2010, (ix) the Ninth Amendment, dated as of February 23, 2011 and (x) as further amended, modified, renewed, extended, restated and/or supplemented or otherwise modified from time to timetime prior to the date hereof, the "“Existing Credit Agreement"), pursuant to which the Lenders have made revolving loans to the Borrowers; and WHEREASas further modified by this Amendment, the Loan Parties, “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the Lenders, Bank Leumi and Agent wish to amend the Credit Agreement to: (i) extend the Termination Date from January 1, 2013 to March 1, 2016 (subject to early termination meaning ascribed thereto in accordance with the terms hereof), (ii) amend the interest rate for each Revolving Credit Loan and the Unused Line Fee, and (iii) amend certain other terms and conditions of the Credit Agreement, in each case, subject to the terms and conditions set forth in this Agreement;.

Appears in 1 contract

Samples: Credit Agreement (Redwire Corp)

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