Waiver of Notice of Termination. Those Lenders party hereto which are also party to the Existing Credit Agreement hereby waive any prior notice requirement under the Existing Credit Agreement with respect to the termination of commitments thereunder and the making of any prepayments thereunder. Each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. BORROWER: XXXXXX MEDICAL GROUP, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer GUARANTORS: XXXXXX MEDICAL TECHNOLOGY, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX MEDICAL CAPITAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX INTERNATIONAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer INBONE TECHNOLOGIES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer WHITE BOX ORTHOPEDICS, LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer KHC-WDM LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: /s/ E. Xxxx Xxxxxxxx Name: E. Xxxx Xxxxxxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: Director XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxxxxxxxxx Name: Xxxx X. Xxxxxxxxxxxx Title: Senior Vice President REGIONS BANK, as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxx, Xx. Name: Xxxxx X. Xxxxx, Xx. Title: Senior Vice President PNC BANK, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President RBS CITIZENS, N.A., as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Senior Vice President 1.01 (a): Department of Justice Investigation 1.01 (b): Responsible Officers 2.01 Commitments and Applicable Percentages
Appears in 2 contracts
Samples: Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc)
Waiver of Notice of Termination. Those Lenders party hereto which are also party to the Existing Credit Agreement hereby waive any prior notice requirement under the Existing Credit Agreement with respect to the termination of commitments thereunder and the making of any prepayments thereunder. Each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. BORROWER: XXXXXX MEDICAL GROUP, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer GUARANTORS: XXXXXX MEDICAL TECHNOLOGY, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX MEDICAL CAPITAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX INTERNATIONAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer INBONE TECHNOLOGIES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer WHITE BOX ORTHOPEDICS, LLCINC., a Delaware limited liability company corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer KHC-WDM LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender By: /s/ E. Xxxx Xxxxxxxx Name: E. Xxxx Xxxxxxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: Director XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxxxxxxxxx Name: Xxxx X. Xxxxxxxxxxxx Title: Senior Vice President REGIONS BANK, as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxx, Xx. Name: Xxxxx X. Xxxxx, Xx. Title: Senior Vice President PNC US BANK, N.A.NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Xxxxxx Medical Group, Inc. Xxxx X. Xxxxxx—President and CEO Xxxxx X. Xxxxx—Senior Vice President RBS CITIZENS, N.A., as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx and CFO Xxxxxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Xxxxx—Senior Vice President
1.01 , General Counsel and Secretary Xxxxx X. Xxxxx—Authorized Representative Xxxxxx Medical Technology, Inc. Xxxx X. Xxxxxx—President and CEO Xxxxx X. Xxxxx—Senior Vice President/CFO Xxxxxxx X. Xxxxx—Senior Vice President, General Counsel and Secretary Xxxxx X. Xxxxx—Vice-President/Treasurer Xxxxxx Medical Capital, Inc. Xxxx X. Xxxxxx—President and CEO Xxxxx X. Xxxxx—Senior Vice President/CFO Xxxxxxx X. Xxxxx—Senior Vice President, General Counsel and Secretary Xxxxx X. Xxxxx—Vice-President/Treasurer Xxxxxx International, Inc. Xxxx X. Xxxxxx—President and CEO Xxxxx X. Xxxxx—Senior Vice President/CFO Xxxxxxx X. Xxxxx—Senior Vice President, General Counsel and Secretary Xxxxx X. Xxxxx—Vice-President/Treasurer INBONE Technologies, Inc. Xxxx X. Xxxxxx—President and CEO Xxxxx X. Xxxxx—Senior Vice President/CFO Xxxxxxx X. Xxxxx—Senior Vice President, General Counsel and Secretary Xxxxx X. Xxxxx—Vice-President/Treasurer Bank of America, N.A. $ 25,000,000.00 25.000000000 % SunTrust Bank $ 20,000,000.00 20.000000000 % Xxxxx Fargo Bank, National Association $ 15,000,000.00 15.000000000 % JPMorgan Chase Bank, N.A. $ 15,000,000.00 15.000000000 % First Tennessee Bank National Association $ 15,000,000.00 15.000000000 % US Bank, National Association $ 10,000,000.00 10.000000000 % Total $ 100,000,000.00 100.000000000 % Xxxxxx Medical Technology, Inc. (a): Department WMT) U.S. (Delaware) 10 (common) 10 shares (100%) owned by Xxxxxx Medical Group, Inc. N/A Xxxxxx Medical Technology Canada Ltd. Canada (Ontario) 1000 (common) 1000 shares (100%) owned by WMT N/A 2Hip Holdings SAS (2Hip) France 115,000,000 (common) 115,000,000 shares (100%) owned by WMT N/A Xxxxxx Medical Capital, Inc. U.S. (Delaware) 1,000 (common) 1,000 shares (100%) owned by WMT N/A INBONE Technologies, Inc. U.S. (Delaware) 100 % 100% owned by WMT N/A Xxxxxx Medical Japan, K.K. Japan (Tokyo) 200 (common) 200 shares (100%) owned by WMT N/A Xxxxxx Medical Costa Rica, XX Xxxxx Rica (San Xxxx) 50,000 (common) 50,000 shares (100%) owned by WMT N/A Xxxxxx Medical Australia Pty, Limited Australia 1 (common) 1 share (100%) owned by WMT N/A Xxxxxx International, Inc. (WI) U.S. (Delaware) 1,000 (common) 1,000 shares (100%) owned by WMT N/A Xxxxxx Medical Europe SA (WME) France 1,428,028 (common) 2,435,841 shares (99.9%) owned by 2Hip; 1 share (<0.01%) owned by Xxxxx Xxxxx; 1 share (<0.01%) owned by Xxxx X. Xxxxxx; 1 share (<0.01%) owned by Xxxxxx X. XxXxxxxxxx; 1 share (<0.01%) owned by Xxxxx X. Xxxxx; and 1 share (<0.01%) owned by Xxxxxxx Xxxxxxx N/A Xxxxxx Medical Europe Trading SNC France 15,000 (common) 1,500 shares (10%) owned by 2Hip; 13,500 shares (90%) owned by WME N/A White Box Orthopedics, LLC Delaware 100% of Justice Investigation
1.01 Interests 100% owned by INBONE N/A Xxxxxx Medical Europe C.V. (b): Responsible Officers
2.01 Commitments WMECV) Netherlands (Amsterdam) 99% owned by WMT; 1% owned by WI 99% owned by WMT; 1% owned by WI N/A Xxxxxx Medical EMEA, B.V. (WMEBV) Netherlands (Amsterdam) 180 (common) 180 shares (100%) owned by WMECV N/A Xxxxxx Medical Netherlands, B.V. Netherlands (Amsterdam) 18,000 (common) 18,000 shares (100%) owned by WMEBV N/A Xxxxxx Instruments, B.V. Netherlands (Amsterdam) 180 (common) 180 shares (100%) owned by WMEBV N/A Xxxxxx Medical Europe Manufacturing SA France (Toulon) 585,117 (common) 585,100 (99.9%) shares owned by WME; 1 share (<0.01%) owned by Xxxxx Xxxxx; 1 share (<0.01%) owned by Xxxx X. Xxxxxx; 1 share (<0.01%) owned by Xxxxxx X. XxXxxxxxxx; 13 shares (<0.01%) owned by Xxxxx Xxxxxxx; 1 share (<0.01%) owned by Xxxxxxx Xxxxxxx [All shares except those held by X. Xxxxxxx are owned by WME and Applicable Percentagesheld in trust by the individuals.] N/A Xxxxxx Medical Italy Srl Italy (Milan) 11,000,000 (common) 11,000,000 shares (100%) owned by WME N/A Xxxxxx Medical France SAS France (Creteil) 7,868 (common) 2,990 shares (38%) owned by WME; 4,878 shares (62%) owned by Xxxxxx Medical Europe Manufacturing SA N/A Xxxxxx Medical UK Limited England and Wales (Cardiff) 541,430 (common) 541,430 shares (100%) owned by WME N/A Xxxxxx Medical Deutschland GmbH Germany (Rosenheim) 50,000 (common) 25,000 shares (100%) owned by WME N/A Xxxxxx Medical Spain SA Spain (Barcelona) 30,000 (common) 30,000 shares (100%) owned by WME N/A Xxxxxx Medical Belgium NV Belgium (Brussels) 25,000 (common) 24,999 shares (99.9%) owned by WME; 1 share (<0.01%) by WMT N/A Xxxxxx Medical Group, Inc. DE-3130568 00-0000000 Xxxxxx Medical Technology, Inc. DE-2309713 00-0000000 Xxxxxx Medical Capital, Inc. DE-3776676 00-0000000 Xxxxxx International, Inc. DE-4257825 00-0000000 INBONE Technologies, Inc. DE-3862792 00-0000000 White Box Orthopedics, LLC DE-4804524 00-0000000 On May 22, 2007, Xxxxxx Orthopedic, Inc. changed its name to INBONE Technologies, Inc. On April 2, 2008, LAB Acquisition Corp. merged with and into INBONE Technologies, Inc. In June 2007, we announced plans to close our manufacturing, distribution and administrative facility located in Toulon, France. The facility’s closure affected approximately 130 Toulon-based employees. Related to the announcement and during the process of closing the facility, there were work stoppages and strikes. We have since completed the facility closure, and have no remaining employees in Toulon. SCHEDULE 8.02 INVESTMENTS As of May 31, 2010
Appears in 1 contract
Waiver of Notice of Termination. Those Lenders Each party hereto which are that is also a party (in any capacity) to the Existing Credit Agreement hereby waive any prior notice requirement waives (in each of its capacities under the Existing Credit Agreement Agreement) compliance with respect the 15-day notice requirement contained in Section 2.6(p) of the Existing Credit Agreement, such waiver to be deemed to be effective when all of the termination of commitments thereunder and the making of any prepayments thereunderconditions set forth in Section 4.1 are satisfied or waived. Each of IN WITNESS WHEREOF, the parties hereto has have caused a counterpart of this Agreement to be duly executed and delivered as of the date first above writtenwritten above. BORROWERBy: XXXXXX MEDICAL GROUP/s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Senior Vice President, INC., a Delaware corporation Secretary & General Counsel By: /s/ W. Xxxxxx Xxxxxxx Name: W. Xxxxxx Xxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxxxx Xxxx Name: Xxxxxxxxxx Xxxx Title: Vice President By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ W. Xxxxxx Xxxxxxx Name: W. Xxxxxx Xxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxx X’Xxxxx Name: Xxxx X’Xxxxx Title: Vice President By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Xxxxxxxxxx Xxxx Name: Xxxxxxxxxx Xxxx Title: Vice President By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxxx X. Neikirth Name: Xxxxxxx X. Neikirth By: /s/X.X. Xxxx Name: X.X. Xxxx Title: Managing Director By: /s/ Xxxx Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer GUARANTORS: XXXXXX MEDICAL TECHNOLOGY, INC., a Delaware corporation Managing Director By: /s/ Xxxx X. Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxxxx Name: Xxxx X. Xxxxxx Xxxxxx Title: Chief Executive Officer XXXXXX MEDICAL CAPITAL, INC., a Delaware corporation Vice President By: /s/ Xxxx X. Xxxxxx Xxxxxx Name: Xxxx X. Xxxxxx Xxxxxx Title: Chief Executive Officer XXXXXX INTERNATIONAL, INC., a Delaware corporation Authorized Signatory By: /s/ Xxxx X. Xxxxxx Xxx Xxxxx Name: Xxxx X. Xxxxxx Xxx Xxxxx Title: Chief Executive Officer INBONE TECHNOLOGIES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer WHITE BOX ORTHOPEDICS, LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer KHC-WDM LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent Managing Director By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender Managing Director By: /s/ E. Xxxx Xxxxxxxx Xxxxxx C.A. Xxxxxxxx, Jr. Name: E. Xxxx Xxxxxx C.A. Xxxxxxxx, Jr. Title: SVP and Manager By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ X. Xxxxxx Name: X. Xxxxxx Title: Senior Vice President By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President By: /s/ Hidekatsu Take Name: Hidekatsu Take Title: Deputy General Manager By: /s/ Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: General Manager By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Manager Director By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Senior Vice President By: /s/ Xxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Xxxxxx Title: Director XXXXX FARGO BANK, N.A., as a Lender Vice President By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender Authorised Signatory By: /s/ Xxxx X. Xxxxxxxxxxxx Xxxxx Name: Xxxx X. Xxxxxxxxxxxx Xxxxx Title: Senior Vice President REGIONS BANK, as a Lender Authorised Signatory By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President By: /s/ Xxxxx X. Xxxxx, Xx. Xxxxxxx Name: Xxxxx X. Xxxxx, Xx. Xxxxxxx Title: Vice President and Head of Corporate Desk By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President PNC BANK, N.A., as a Lender Risk Manager By: /s/ Xxxx Xxxxxxx Xxxxx Xxxxx Name: Xxxx Xxxxxxx Xxxxx Xxxxx Title: Senior Vice President RBS CITIZENS, N.A., as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., as a Lender Associate Director By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director By: /s/ X. Xxxxxx Name: X. Xxxxxx Title: Executive Director By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxxxx Xxxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxxx Title: Managing Director By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Surety Officer By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Underwriter By: /s/ Xxxxxx Xx Name: Xxxxxx Xx Title: General Manager By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: EVP By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Senior Vice President By: /s/ Xxxxxx X. Xxxxxxx, Xx. Name: Xxxxxx X. Xxxxxxx, Xx. Title: SVP Credit By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: C.E.O. of Americas By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Senior Vice President By: /s/ Xxxxxxxx Xx Name: Xxxxxxxx Xx Title: General Manager By: /s/ Xxxx X. Xxxxxxxx, Xx. Name: Xxxx X. Xxxxxxxx, Xx. Title: Vice President By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President By: /s/ Xxxxx-Xxx Xxx Name: Xxxxx-Xxx Xxx Title: Vice President & Deputy General Manager By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: V.P. & General Manager By: /s/ Xxxxxx Xxxxx-Jsu Yeh Name: Xxxxxx Xxxxx-Jsu Yeh Title: SVP & General Manager By: /s/ Po-Xxxxx Xx Name: Po-Xxxxx Xx Title: VP & General Manager By: /s/ Xxx X.X. Xxxx Name: Xxx X.X. Xxxx Title: VP & General Manager By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: VP & General Manager By: /s/ Xxxxx X. Xx Name: Xxxxx X. Xx Title: Vice President
1.01 (a): Department of Justice Investigation
1.01 (b): Responsible Officers
2.01 Commitments and Applicable Percentages
Appears in 1 contract
Samples: Credit Agreement (SPX Corp)
Waiver of Notice of Termination. Those Lenders party hereto which are also party to the Existing Credit Agreement hereby waive any prior notice requirement under the Existing Credit Agreement with respect to the termination of commitments thereunder and the making of any prepayments thereunder. Each of the The parties hereto has have caused a counterpart of this Agreement to be duly executed and delivered by their duly authorized officers as of the date first above writtenset forth above. BORROWER: XXXXXX MEDICAL GROUPSTANDARD PARKING CORPORATION, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx G. Mxxx Xxxxxxx ----------------------------------- Name: Xxxx X. Xxxxxx G. Mxxx Xxxxxxx Title: Executive Vice President and Chief Executive Financial Officer GUARANTORS: XXXXXX MEDICAL TECHNOLOGY, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX MEDICAL CAPITAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer XXXXXX INTERNATIONAL, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer INBONE TECHNOLOGIES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer WHITE BOX ORTHOPEDICS, LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer KHC-WDM LLC, a Delaware limited liability company By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President LENDERS: BANK OF AMERICA, N.A., as a Lender, L/C Issuer Issuing Lender and Swing Line Lender By: /s/ E. Xxxx Xxxxxxxx Name: E. Xxxx Xxxxxxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxxx Xxxxxx Dxxxx X. Xxxxxxxx ----------------------------------- Name: Xxxxxxxxx Xxxxxx Dxxxx X. Xxxxxxxx Title: Director XXXXX Vice President WXXXX FARGO BANK, BANK N.A., as Syndication Agent and as a Lender By: /s/ Xxxxx Xxxxxx Cxxxx X. XxXxxxx ----------------------------------- Name: Xxxxx Xxxxxx Cxxxx X. XxXxxxx Title: Senior Vice President U.S. r LASALLE BANK NATIONAL ASSOCIATION, as Co-Administrative Agent and as a Lxxxx By: /s/ Sxxx P Silver -------------------------- Name: Sxxx X. Silver Title: Senior Vice President US BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Mxxxxx X. Xxxxxxxxxxxx Xxxxxxx ----------------------------------- Name: Xxxx Mxxxxx X. Xxxxxxxxxxxx Xxxxxxx Title: Assistant Vice President 101 FIFTH THIRD BANK, a Michigan Banking Corporation, as a Lender By: /s/ Exxxxx Xxxxxxxxx ----------------------------------- Name: Exxxxx Xxxxxxxxx Title: Senior Vice President REGIONS MXXXXX XXXXX CAPITAL, a division of Mxxxxxx Lxxxx Business Financial Services Inc., as a Lender By: /s/ Mxxxxxx Xxxxxxx ----------------------------------- Name: Mxxxxxx Xxxxxxx Title: Vice President FIRST HAWAIIAN BANK, as a Lender By: /s/ Xxxxxxx X. Xxxxxxx Pxxxx C.X. Xxxxx ----------------------------------- Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxx, Xx. Name: Xxxxx X. Xxxxx, Xx. Title: Senior Vice President PNC BANK, N.A., as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President RBS CITIZENS, N.A., as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Pxxxx C.X. Xxxxx Title: Senior Vice President
1.01 (a): Department President ANNEX A LENDERS AND PRO RATA SHARES ------------------------------------------------------ --------------------------------- ----------------------------- Lender Revolving Commitment Amount Pro Rata Share ------------------------------------------------------ --------------------------------- ----------------------------- Bank of Justice Investigation
1.01 (b): Responsible Officers
2.01 Commitments and Applicable PercentagesAmerica, N.A. $30,000,000 22.222222222% ------------------------------------------------------ --------------------------------- ----------------------------- LaSalle Bank National Association $30,000,000 22.222222222% ------------------------------------------------------ --------------------------------- ----------------------------- Wxxxx Fargo Bank N.A. $30,000,000 22.222222222% ------------------------------------------------------ --------------------------------- ----------------------------- US Bank National Association $18,000,000 13.333333333% ------------------------------------------------------ --------------------------------- ----------------------------- Fifth Third Bank $9,000,000 6.666666667% ------------------------------------------------------ --------------------------------- ----------------------------- Mxxxxxx Lxxxx Capital $9,000,000 6.666666667% ------------------------------------------------------ --------------------------------- ----------------------------- First Hawaiian Bank $9,000,000 6.666666667% ------------------------------------------------------ --------------------------------- ----------------------------- ------------------------------------------------------ --------------------------------- ----------------------------- TOTAL $135,000,000 100.000000000% ------------------------------------------------------ --------------------------------- ----------------------------- 103 CHAR1\889050v6 ANNEX B
Appears in 1 contract
