CUSTODY AGREEMENT dated as of September 29, 2017 by and between GOLUB CAPITAL BDC 3, INC. (“Company”) andCustody Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of September 29, 2017 and is by and between GOLUB CAPITAL BDC 3, INC. (or any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 666 Fifth Avenue, 18th Floor, New York, NY 10103, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at 8 Greenway Plaza, Suite 1100, Houston TX 77046.
COLLATERAL MANAGEMENT AGREEMENT dated as of December 14, 2022 by and between GOLUB CAPITAL BDC 3 CLO 2 LLC, as Issuer and GC ADVISORS LLC, as Collateral ManagerCollateral Management Agreement • December 19th, 2022 • Golub Capital BDC 3, Inc. • New York
This Collateral Management Agreement (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 14, 2022 is entered into by and between GOLUB CAPITAL BDC 3 CLO 2 llc, a limited liability company organized under the laws of the State of Delaware (the “Issuer”), and GC ADVISORS LLC, a limited liability company organized under the laws of the State of Delaware, as collateral manager (together with its successors and permitted assigns, “GC Advisors” and the “Collateral Manager”).
INDENTURE by and among Golub Capital BDC 3 ABS 2022-1 LLC, Issuer, and DEUTSCHE BANK TRUST COMPANY AMERICAS, Trustee Dated as of January 25, 2022Indenture • January 28th, 2022 • Golub Capital BDC 3, Inc. • New York
SIXTH AMENDMENT Dated as of March 3, 2022 to REVOLVING CREDIT AND SECURITY AGREEMENT Dated as of February 4, 2019Revolving Credit and Security Agreement • October 18th, 2023 • Golub Capital BDC 3, Inc. • New York
THIS REVOLVING CREDIT AND SECURITY AGREEMENT (this “Credit Agreement”), dated February 4, 2019, by and among (a) GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as initial borrower (the “Initial Borrower”), (b) SIGNATURE BANK, a New York corporation (“Signature Bank”), as Administrative Agent and a Lender, (c) each of the other lending institutions that from time to time becomes a lender hereunder (collectively referred to as “Lenders”; and each individually, a “Lender”), and (d) each of the other Borrowers that from time to time becomes party hereto.
GOLUB CAPITAL BDC 3, INC. SUBSCRIPTION AGREEMENTSubscription Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • Maryland
THE SHARES OF GOLUB CAPITAL BDC 3, INC. HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT, OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATES OR OTHER JURISDICTIONS, AND ARE BEING OFFERED AND SOLD IN RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND THE REGISTRATION AND QUALIFICATION REQUIREMENTS OF SUCH LAWS. THE SHARES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE SECURITIES ACT AND SUCH LAWS PURSUANT TO REGISTRATION, QUALIFICATION OR EXEMPTION THEREFROM. THE SHARES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND EXCHANGE COMMISSION OR BY ANY STATE OR OTHER SECURITIES COMMISSION OR OTHER REGULATORY AUTHORITY, NOR HAVE ANY OF THE FOREGOING AUTHORITIES PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF THE OFFERING MATERIALS, AND ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
ADMINISTRATION AGREEMENTAdministration Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
AGREEMENT (this “Agreement”) made as of this 29th day of September, 2017, by and between Golub Capital BDC 3, Inc., a Maryland corporation (hereinafter referred to as the “Company”), and Golub Capital LLC, a Delaware limited liability company (the “Administrator”).
AMENDMENT NO. 5 TO LOAN FINANCING AND SERVICING AGREEMENT, dated as of March 8, 2023 (this “Amendment”), among GBDC 3 Funding LLC, as borrower (the “Borrower”), Golub Capital BDC 3, Inc., as servicer (the “Servicer”), Deutsche Bank AG, New York Branch...Loan Financing and Servicing Agreement • March 14th, 2023 • Golub Capital BDC 3, Inc. • New York
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of September 10, 2019, among GBDC 3 FUNDING LLC, a Delaware limited liability company (the “Borrower”), GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the “Equityholder”) and as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each LENDER GROUP (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), EACH OF THE ENTITIES FROM TIME TO TIME PARTY HERETO AS SECURITIZATION SUBSIDIARIES, (each as hereinafter defined), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and Collateral Custodian (each as hereinafter defined), and DEUT
INVESTMENT ADVISORY AGREEMENT BETWEEN GOLUB CAPITAL BDC 3, Inc. AND GC ADVISORS LLCInvestment Advisory Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
Investment Advisory Agreement made this 29th day of September 2017 (this “Agreement”), by and between GOLUB CAPITAL BDC 3, INC., a Maryland corporation (the “Corporation”), and GC ADVISORS LLC, a Delaware limited liability company (the “Adviser”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of the date hereof, by and between Golub Capital LLC, a Delaware limited liability company (the “Licensor”), and Golub Capital BDC 3, Inc., a corporation organized under the laws of the State of Maryland (the “Licensee”) (each a “party,” and collectively, the “parties”).
MASTER LOAN SALE AGREEMENT by and among Golub Capital BDC 3, Inc., as the Seller, GOLUB CAPITAL BDC 3 CLO 2 DEPOSITOR LLC, as the Intermediate Seller, and GOLUB CAPITAL BDC 3 CLO 2 LLC, as the Buyer Dated as of December 14, 2022Master Loan Sale Agreement • December 19th, 2022 • Golub Capital BDC 3, Inc.
THIS MASTER LOAN SALE AGREEMENT, dated as of December 14, 2022 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is among GOLUB CAPITAL BDC 3, INC., a Maryland corporation (in its capacity as seller hereunder, together with its successors and assigns, the “Seller”), GOLUB CAPITAL BDC 3 CLO 2 DEPOSITOR LLC, a Delaware limited liability company (together with its successors and assigns in its capacity as the intermediate seller hereunder, the “Intermediate Seller”), and GOLUB CAPITAL BDC 3 CLO 2 LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”).
MASTER LOAN SALE AGREEMENT by and among GOLUB CAPITAL BDC 3, INC., as the Seller, GC Advisors LLC, as the Closing Date Seller, Golub Capital BDC 3 CLO 2 LLC, as the Buyer, and GBDC 3 Funding LLC, as Warehouse Borrower Dated as of December 14, 2022Master Loan Sale Agreement • December 19th, 2022 • Golub Capital BDC 3, Inc.
THIS MASTER LOAN SALE AGREEMENT, dated as of December 14, 2022 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is among GOLUB CAPITAL BDC 3, INC., a Maryland corporation (in its capacity as seller hereunder, together with its successors and assigns, the “Seller”), GC ADVISORS LLC, a Delaware limited liability company (together with its successors and assigns in its capacity as the closing date seller hereunder, the “Closing Date Seller”), GOLUB CAPITAL BDC 3 CLO 2 LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”), and GBDC 3 FUNDING LLC, a Delaware limited liability company (together with its successors and assigns, the “Warehouse Borrower”).
INDENTURE by and between Golub Capital BDC 3 CLO 1 LLC, Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, Trustee Dated as of March 11, 2021Golub Capital BDC 3, Inc. • March 17th, 2021 • New York
INDENTURE, dated as of March 11, 2021, between GOLUB CAPITAL BDC 3 CLO 1 LLC, a limited liability company formed under the laws of the State of Delaware (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee (herein, together with its permitted successors and assigns in the trusts hereunder, the “Trustee”).
REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 20th, 2018 • Golub Capital BDC 3, Inc. • New York
THIRD AMENDMENT TO REVOLVING LOAN AGREEMENTRevolving Loan Agreement • October 30th, 2019 • Golub Capital BDC 3, Inc. • New York
This THIRD AMENDMENT (the “Amendment”) to the Revolving Loan Agreement, dated as of October 2, 2017 (as amended to date, the “Agreement”), by and between Golub Capital BDC 3, Inc. (the “Borrower”) and GC Advisors LLC (the “Lender”), is hereby made as of October 28, 2019.
GBDC 3 SENIOR LOAN FUND LLC LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • November 28th, 2017 • Golub Capital BDC 3, Inc. • New York
This Limited Liability Company Agreement, dated as of October 2, 2017, is entered into by and between Golub Capital BDC 3, Inc. and RGA Reinsurance Company (collectively, the “Members”).
CLASS A CREDIT AGREEMENT dated as of December 14, 2022 among GOLUB CAPITAL BDC 3 CLO 2 LLC, as Borrower, VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS, as Lenders, CITIBANK, N.A., as Loan Agent and CITIBANK, N.A., as Collateral TrusteeClass a Credit Agreement • December 19th, 2022 • Golub Capital BDC 3, Inc. • New York
THIS CLASS A CREDIT AGREEMENT (this “Agreement”), dated as of December 14, 2022, is entered into by and among GOLUB CAPITAL BDC 3 CLO 2 LLC, a limited liability company organized under the laws of the State of Delaware (the “Borrower”), VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS which are, or may become, parties hereto as Lenders (the “Lenders”), and CITIBANK, N.A., not in its individual capacity but as Loan Agent (in such capacity, the “Loan Agent”) and as Collateral Trustee under the Indenture (in such capacity, the “Collateral Trustee”).
AMENDMENT NO. 8 TO LOAN FINANCING AND SERVICING AGREEMENT AND AMENDMENT NO. 1 to ACCOUNT CONTROL AGREEMENT, dated as of April 9, 2024 (this “Amendment”), among GBDC 3 Funding LLC, as borrower (the “Borrower”), Golub Capital BDC 3, Inc., as servicer...Loan Financing and Servicing Agreement • April 15th, 2024 • Golub Capital BDC 3, Inc. • New York
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of September 10, 2019, among GBDC 3 FUNDING LLC, a Delaware limited liability company (the “Borrower”), GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the “Equityholder”) and as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each LENDER GROUP (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), EACH OF THE ENTITIES FROM TIME TO TIME PARTY HERETO AS SECURITIZATION SUBSIDIARIES, (each as hereinafter defined), DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS, as Collateral Agent and Collateral Custodian (each as hereinafter defined),
EXECUTION VERSION Conformed through Amendment No. 1 dated April 09, 2024 USActive 53924592.3 AMENDED AND RESTATED SALE AND CONTRIBUTION AGREEMENT between GOLUB CAPITAL BDC 3, INC., as Seller and GBDC 3 FUNDING LLC, as Purchaser Dated as of April 9, 2024Sale and Contribution Agreement • May 8th, 2024 • Golub Capital BDC 3, Inc. • New York
AGREEMENT AND PLAN OF MERGER among GOLUB CAPITAL BDC, INC., PARK AVENUE SUBSIDIARY INC., GOLUB CAPITAL BDC 3, INC., GC ADVISORS LLC and (solely for purposes of Section 1.9) GOLUB CAPITAL LLC Dated as of January 16, 2024Agreement and Plan of Merger • January 17th, 2024 • Golub Capital BDC 3, Inc. • Maryland
AGREEMENT AND PLAN OF MERGER, dated as of January 16, 2024 (this “Agreement”), among Golub Capital BDC, Inc., a Delaware corporation (“GBDC”), Park Avenue Subsidiary Inc., a Maryland corporation and wholly-owned direct Consolidated Subsidiary of GBDC (“Merger Sub”), Golub Capital BDC 3, Inc., a Maryland corporation (“GBDC 3”), GC Advisors LLC, a Delaware limited liability company (“GC Advisors”) and, solely for purposes of Section 1.9, Golub Capital LLC.
SALE AND CONTRIBUTION AGREEMENT between GOLUB CAPITAL BDC 3 INC., as Seller and GBDC 3 FUNDING LLC, as Purchaser Dated as of September 10, 2019Sale and Contribution Agreement • September 12th, 2019 • Golub Capital BDC 3, Inc. • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of September 10, 2019 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as seller (in such capacity, the “Seller”) and GBDC 3 FUNDING LLC, a Delaware limited liability company, as purchaser (in such capacity, the “Purchaser”).
INDENTURE by and between Golub Capital BDC 3 CLO 2 LLC, Issuer, and CITIBANK, N.A., Collateral Trustee Dated as of December 14, 2022Golub Capital BDC 3, Inc. • December 19th, 2022 • New York
Golub Capital BDC 3, Inc.Letter Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc.
DOCUMENT CUSTODY AGREEMENT GOLUB CAPITAL BDC 3, INC. Company each wholly-owned subsidiary of the Company that has executed a Joinder each, a Subsidiary and Dated as of September 29, 2017Document Custody Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
This DOCUMENT CUSTODY AGREEMENT (the “Agreement”) is made and entered into as of September 29, 2017, by and among Golub Capital BDC 3, Inc. (the “Company”), a corporation organized under the laws of the state of Maryland, and each wholly-owned subsidiary of the Company that has executed a Joinder (as defined below) (each, a “Subsidiary”) and U.S. Bank National Association, a national banking association, organized under the laws of the United States, as document custodian (the “Document Custodian”).
FIRST AMENDMENT Dated as of April 8, 2019 to REVOLVING CREDIT AND SECURITY AGREEMENT Dated as of February 4, 2019Credit and Security Agreement • April 9th, 2019 • Golub Capital BDC 3, Inc. • New York
This FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of April 8, 2019, is entered into by and among GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as borrower (in such capacity, “Borrower”) and Signature Bank, as the administrative agent and a lender under the Credit Agreement (as defined below) (“Signature Bank”).
Golub Capital BDC 3, Inc.Letter Agreement • January 17th, 2024 • Golub Capital BDC 3, Inc.
ESCROW AGREEMENTEscrow Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
THIS ESCROW AGREEMENT, dated as of October 2, 2017 (“Agreement”), is by and among Golub Capital BDC 3, Inc., a Maryland corporation, (“Depositor”), GC Advisors LLC, a Delaware limited liability company (“GC Advisors”), the Depositor and GC Advisors are also individually herein referred to as an “Interested Party” and collectively as the “Interested Parties”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as escrow agent hereunder (“Escrow Agent”).
REVOLVING LOAN AGREEMENT Dated as of October 2, 2017Revolving Loan Agreement • November 28th, 2017 • Golub Capital BDC 3, Inc. • New York
Golub Capital BDC 3, Inc., a Maryland corporation (the “Borrower”), and GC Advisors LLC, a Delaware limited liability company (the “Lender”), agree as follows (with capitalized terms not otherwise defined herein having the meanings ascribed to them in Section 17):
AMENDMENT NO. 1 TO LOAN FINANCING AND SERVICING AGREEMENT, dated as of September 21, 2021 (this “Amendment”), among GBDC 3 Funding LLC, as borrower (the “Borrower”), Golub Capital BDC 3, Inc., as servicer (the “Servicer”) and Deutsche Bank AG, New...Loan Financing and Servicing Agreement • September 23rd, 2021 • Golub Capital BDC 3, Inc. • New York
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of September 10, 2019, among GBDC 3 FUNDING LLC, a Delaware limited liability company (the “Borrower”), GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the “Equityholder”) and as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each LENDER GROUP (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), EACH OF THE ENTITIES FROM TIME TO TIME PARTY HERETO AS SECURITIZATION SUBSIDIARIES, (each as hereinafter defined), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and Collateral Custodian (each as hereinafter defined), and DEUT
NOTE PURCHASE AGREEMENT by and among GOLUB CAPITAL BDC 3 ABS 2022-1 LLC and DEUTSCHE BANK SECURITIES INC. Dated as of January 25, 2022 NOTE PURCHASE AGREEMENTNote Purchase Agreement • January 28th, 2022 • Golub Capital BDC 3, Inc. • New York
Golub Capital BDC 3 ABS 2022-1 LLC, a Delaware limited liability company (the “Issuer”), plans to issue U.S.$252,000,000 in principal amount of Class A Senior Secured Floating Rate Notes due 2030 (the “Issued Notes”) pursuant to the Indenture referred to below. The Issuer also expects to issue U.S.$149,750,000 in principal amount of Subordinated Notes due 2122 (the “Subordinated Notes” and, together with the Issued Notes, the “Notes”), pursuant to the Indenture referred to below.
SEVENTH AMENDMENT Dated as of July 6, 2022 to REVOLVING CREDIT AND SECURITY AGREEMENT Dated as of February 4, 2019Credit and Security Agreement • July 11th, 2022 • Golub Capital BDC 3, Inc. • New York
This SEVENTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of July 6, 2022, is entered into by and among GOLUB CAPITAL BDC 3, INC., a Maryland corporation and GBDC 3 FUNDING II LLC, a Delaware limited liability company, as borrowers (in such capacity, each a “Borrower”, and together, the “Borrowers”) and Signature Bank, as the administrative agent and a lender under the Credit Agreement (as defined below) (“Signature Bank”).
FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENTRevolving Loan Agreement • December 14th, 2020 • Golub Capital BDC 3, Inc. • New York
This FOURTH AMENDMENT (the “Amendment”) to the Revolving Loan Agreement, dated as of October 2, 2017 (as amended to date, the “Agreement”), by and between Golub Capital BDC 3, Inc. (the “Borrower”) and GC Advisors LLC (the “Lender”), is hereby made as of October 1, 2020.
AMENDED AND RESTATED REVOLVING LOAN AGREEMENT Dated as of September 1, 2023 WHEREAS, Golub Capital BDC 3, Inc., a Maryland corporation (the “Borrower”), and GC Advisors LLC, a Delaware limited liability company (the “Lender”) are party to the...Revolving Loan Agreement • September 6th, 2023 • Golub Capital BDC 3, Inc. • New York
FOURTH AMENDMENT Dated as of February 4, 2021 to REVOLVING CREDIT AND SECURITY AGREEMENT Dated as of February 4, 2019Credit and Security Agreement • February 5th, 2021 • Golub Capital BDC 3, Inc. • New York
This FOURTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of February 4, 2021, is entered into by and among GOLUB CAPITAL BDC 3, INC., a Maryland corporation and GBDC 3 FUNDING II LLC, a Delaware limited liability company, as borrowers (in such capacity, each a “Borrower”, and together, the “Borrowers”) and Signature Bank, as the administrative agent and a lender under the Credit Agreement (as defined below) (“Signature Bank”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • December 19th, 2022 • Golub Capital BDC 3, Inc.
Golub Capital BDC 3 CLO 2 LLC, a limited liability company formed under the laws of the State of Delaware (the "Issuer"), proposes to issue (i) $140,000,000 Class A Senior Secured Floating Rate Notes due 2034 (the "Class A Notes"), (ii) $38,800,000 Class B Senior Secured Floating Rate Notes due 2034 (the "Class B Notes" and, together with the Class A Notes, the "Secured Notes") and (iii) $122,800,000 Subordinated Notes due 2122 (the "Subordinated Notes" and, together with the Secured Notes, the "Notes"), pursuant to the Indenture, dated as of December 14, 2022, by and between the Issuer and Citibank, N.A., as collateral trustee (in such capacity, the "Collateral Trustee") (as amended, modified and supplemented from time to time, the "Indenture"). The Issuer will also incur U.S.$85,000,000 Class A Senior Secured Floating Rate Loans maturing 2034 (the "Class A Loans") pursuant to the Class A Credit Agreement, dated as of the date hereof (the "Credit Agreement"), among the Issuer, as borr
THIRD AMENDMENT Dated as of February 7, 2020 to REVOLVING CREDIT AND SECURITY AGREEMENT Dated as of February 4, 2019Credit and Security Agreement • February 13th, 2020 • Golub Capital BDC 3, Inc. • New York
This THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of February 7, 2020, is entered into by and among GOLUB CAPITAL BDC 3, INC., a Maryland corporation and GBDC 3 FUNDING II LLC, a Delaware limited liability company, as borrowers (in such capacity, each a “Borrower”, and together, the “Borrowers”) and Signature Bank, as the administrative agent and a lender under the Credit Agreement (as defined below) (“Signature Bank”).
