Common Contracts

22 similar Credit and Guaranty Agreement contracts by Valeant Pharmaceuticals International, Inc., TerraForm Power, Inc., Education Management LLC, others

CREDIT AND GUARANTY AGREEMENT dated as of October 17, 2017 by and among TERRAFORM POWER OPERATING, LLC, as Borrower, TERRAFORM POWER, LLC, as a Guarantor, CERTAIN SUBSIDIARIES OF TERRAFORM POWER OPERATING, LLC, as Guarantors, VARIOUS LENDERS AND...
Credit and Guaranty Agreement • October 17th, 2017 • TerraForm Power, Inc. • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of October 17, 2017, is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower”), TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders and Issuing Banks party hereto from time to time, HSBC BANK USA, NATIONAL ASSOCIATION, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), HSBC BANK CANADA, BANK OF MONTREAL, BANK OF NOVA SCOTIA, NATIXIS SECURITIES AMERICAS LLC, RBC CAPITAL MARKETS and SUMITOMO MITSUI BANKING CORPORATION, as Joint Lead Arrangers (in such capacity, “Arrangers”) and Joint Bookrunners.

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CREDIT AND GUARANTY AGREEMENT dated as of August 5, 2015 among TERRAFORM GLOBAL OPERATING, LLC, as Borrower, TERRAFORM GLOBAL, LLC, as a Guarantor, VARIOUS LENDERS, GOLDMAN SACHS BANK USA, as Administrative Agent, Collateral Agent, Joint Lead Arranger...
Credit and Guaranty Agreement • August 6th, 2015 • Terraform Global, Inc. • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of August 5, 2015, is entered into by and among TERRAFORM GLOBAL OPERATING, LLC, a Delaware limited liability company (“Borrower”), TERRAFORM GLOBAL, LLC, a Delaware limited liability company (“Holdings”), the Lenders party hereto from time to time, GOLDMAN SACHS BANK USA (“Goldman Sachs”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), J.P. MORGAN SECURITIES LLC (“JPMorgan Securities”) and BARCLAYS BANK PLC (“Barclays”), as Co-Syndication Agents (in such capacity, “Syndication Agents”), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, SOCIÉTÉ GÉNÉRALE AND SUMITOMO MITSUI BANKING CORPORATION, as Co-Documentation Agents (in such capacity, “Documentation Agents”) and GOLDMAN SACHS, JPMORGAN SECURITIES, BARCLAYS, CITIGROUP GLOBAL MARKETS INC. (“Citigroup”), MORGAN STANLEY SENIOR FUNDING, INC.

CREDIT AND GUARANTY AGREEMENT dated as of June 5, 2015 among 8POINT3 OPERATING COMPANY, LLC, as Borrower, 8POINT3 ENERGY PARTNERS LP, as the Partnership, CERTAIN SUBSIDIARIES OF 8POINT3 OPERATING COMPANY, LLC, as Guarantors, VARIOUS LENDERS, CREDIT...
Credit and Guaranty Agreement • June 9th, 2015 • 8point3 Energy Partners LP • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of June 5, 2015, is entered into by and among 8POINT3 OPERATING COMPANY, LLC, a Delaware limited liability company (“Borrower”), following the execution of the Closing Date Joinder Agreement hereto, 8POINT3 ENERGY PARTNERS LP, a Delaware limited partnership (the “Partnership”), CERTAIN SUBSIDIARIES OF BORROWER party hereto from time to time, including following execution of the Closing Date Joinder Agreement, as Guarantors, the Lenders party hereto from time to time, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK (“Credit Agricole CIB”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), Credit Agricole CIB, DEUTSCHE BANK SECURITIES INC. (“DB Securities”), J.P. MORGAN SECURITIES LLC (“JPMorgan”), CITIGROUP GLOBAL MARKETS INC. (“Citigroup”) and GOLDMAN SACHS BANK USA (“Goldman Sachs”), as

CREDIT AND GUARANTY AGREEMENT dated as of January 28, 2015 among TERRAFORM POWER OPERATING, LLC, as Borrower, TERRAFORM POWER, LLC, as a Guarantor, CERTAIN SUBSIDIARIES OF TERRAFORM POWER OPERATING, LLC, as Guarantors, VARIOUS LENDERS, BARCLAYS BANK...
Credit and Guaranty Agreement • February 3rd, 2015 • TerraForm Power, Inc. • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of January 28, 2015, is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower”), TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, BARCLAYS BANK PLC (“Barclays”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), CITIGROUP GLOBAL MARKETS INC. (“Citigroup”), GOLDMAN SACHS BANK USA (“Goldman Sachs”), MACQUARIE CAPITAL (USA) INC. (“Macquarie”), MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED (“MLPFS”) and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Co-Syndication Agents (in such capacity, “Syndication Agents”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”) and ROYAL BANK OF CANADA (“Royal Bank”) as Co-Documenta

CREDIT AND GUARANTY AGREEMENT dated as of July 23, 2014 among TERRAFORM POWER OPERATING, LLC, as Borrower, TERRAFORM POWER, LLC, as a Guarantor, CERTAIN SUBSIDIARIES OF TERRAFORM POWER OPERATING, LLC, as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS BANK...
Credit and Guaranty Agreement • July 25th, 2014 • TerraForm Power, Inc. • Electric services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of July 23, 2014, is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower”), TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS BANK USA (“Goldman Sachs”), BARCLAYS BANK PLC (“Barclays”), CITIGROUP GLOBAL MARKETS INC. (“Citigroup”) and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as Co-Syndication Agents (in such capacity, “Syndication Agents”), Goldman Sachs, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), Goldman Sachs, Barclays, Citigroup and JPMorgan, as Joint Lead Arrangers (in such capacity, “Arrangers”) and Joint Bookrunners, and SANTANDER BANK, N.A. (“Santander”), as Documentation Agent (in such capaci

CREDIT AND GUARANTY AGREEMENT dated as of January 31, 2013 among DIGITALGLOBE, INC., The GUARANTORS Referred to Herein The LENDERS Referred to Herein MORGAN STANLEY SENIOR FUNDING, INC. J.P. MORGAN SECURITIES LLC THE BANK OF TOKYO- MITSUBISHI UFJ,...
Credit and Guaranty Agreement • January 31st, 2013 • Digitalglobe, Inc. • Communications services, nec • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of January 31, 2013, is entered into by and among DIGITALGLOBE, INC., a Delaware corporation (“Borrower”), the GUARANTORS from time to time party hereto, the Lenders from time to time party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of May 28, 2008 among BRIGHT HORIZONS ACQUISITION CORP., to be merged with and into BRIGHT HORIZONS FAMILY SOLUTIONS, INC., as Borrower, BRIGHT HORIZONS CAPITAL CORP., as Holdings, CERTAIN SUBSIDIARIES OF BRIGHT...
Credit and Guaranty Agreement • October 24th, 2012 • Bright Horizons Family Solutions Inc. • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of May 28, 2008, is entered into by and among BRIGHT HORIZONS ACQUISITION CORP. (formerly known as Swingset Acquisition Corp.), a Delaware corporation (“Merger Sub”), BRIGHT HORIZONS FAMILY SOLUTIONS, INC., a Delaware corporation (as survivor of the merger with Merger Sub, “Borrower”), BRIGHT HORIZONS CAPITAL CORP. (formerly known as Swingset Holdings Corp.), a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”) and GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of February 13, 2012 among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Borrower, CERTAIN SUBSIDIARIES OF VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Guarantors, VARIOUS LENDERS...
Credit and Guaranty Agreement • February 17th, 2012 • Valeant Pharmaceuticals International, Inc. • Pharmaceutical preparations • New York

This THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of February 13, 2012, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the federal laws of Canada (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), J.P. MORGAN SECURITIES LLC (“J.P. Morgan”) and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Joint Lead Arrangers and Joint Bookrunners, JPMORGAN CHASE BANK, N.A. and Morgan Stanley as Co-Syndication Agents (in such capacity, the “Co-Syndication Agents”), JPMorgan Chase Bank, N.A., as Issuing Bank, GSLP, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), and RBC CAPITAL MARKETS and DNB BANK ASA, as Co-Documentation Agents (in such capacity, Co-Docu

SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of October 20, 2011 among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Borrower, CERTAIN SUBSIDIARIES OF VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Guarantors, VARIOUS LENDERS...
Credit and Guaranty Agreement • October 26th, 2011 • Valeant Pharmaceuticals International, Inc. • Pharmaceutical preparations • New York

This SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of October 20, 2011, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the federal laws of Canada (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”) and J.P. MORGAN SECURITIES LLC (“J.P. Morgan”), as Joint Lead Arrangers and Joint Bookrunners, JPMORGAN CHASE BANK, N.A., as Syndication Agent (in such capacity, the “Syndication Agent”) and as Issuing Bank, and GSLP, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of October 12, 2011 among DIGITALGLOBE, INC., The GUARANTORS Referred to Herein The LENDERS Referred to Herein MORGAN STANLEY SENIOR FUNDING, INC. and J.P. MORGAN SECURITIES LLC, as Joint Lead Arrangers and Joint...
Credit and Guaranty Agreement • October 13th, 2011 • Digitalglobe Inc • Communications services, nec • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of October 12, 2011, is entered into by and among DIGITALGLOBE, INC., a Delaware corporation (“Borrower”), the GUARANTORS from time to time party hereto, the Lenders from time to time party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”).

SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT dated as of September 8, 2011 among NEWPAGE CORPORATION, a Debtor and a Debtor-in- Possession under Chapter 11 of the Bankruptcy Code, as Borrower, NEWPAGE HOLDING CORPORATION, NEWPAGE...
Credit and Guaranty Agreement • September 12th, 2011 • NewPage CORP • Paper mills • New York

This SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT, dated as of September 8, 2011 is entered into by and among NEWPAGE CORPORATION, a Delaware corporation, a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, as Borrower (“Borrower”), NEWPAGE HOLDING CORPORATION, a Delaware corporation (“Holdings”), NEWPAGE GROUP INC., a Delaware corporation (“SuperHoldCo”) and CERTAIN SUBSIDIARIES OF BORROWER, each a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, as Guarantors, the Lenders party hereto from time to time, JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), JPMCB and WELLS FARGO CAPITAL FINANCE, LLC (“WFCF”), as Co-Collateral Agents (together with their permitted successors in such capacity, “Co-Collateral Agents” and each, a “Co-Collateral Agent”) and BARCLAYS CAPITAL (“Barclays Capital”),

AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of August 10, 2011 among VALEANT PHARMACEUTICALS INTERNATIONAL, as Borrower, VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Parent and a Guarantor, CERTAIN SUBSIDIARIES OF VALEANT...
Credit and Guaranty Agreement • August 15th, 2011 • Valeant Pharmaceuticals International, Inc. • Pharmaceutical preparations • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of August 10, 2011, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, a Delaware corporation (“Borrower”), VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the federal laws of Canada (“Parent”), CERTAIN SUBSIDIARIES OF PARENT, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), as Sole Lead Arranger, Sole Bookrunner and Syndication Agent (in such capacity, the “Syndication Agent”), and GSLP, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of June 29, 2011 among VALEANT PHARMACEUTICALS INTERNATIONAL, as Borrower, VALEANT PHARMACEUTICALS INTERNATIONAL, INC., as Parent and a Guarantor, CERTAIN SUBSIDIARIES OF VALEANT PHARMACEUTICALS INTERNATIONAL and...
Credit and Guaranty Agreement • July 6th, 2011 • Valeant Pharmaceuticals International, Inc. • Pharmaceutical preparations • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of June 29, 2011, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, a Delaware corporation (the “Borrower”), VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the federal laws of Canada (“Parent”), CERTAIN SUBSIDIARIES OF PARENT, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), as Sole Lead Arranger, Sole Bookrunner and Syndication Agent (in such capacity, the “Syndication Agent”), and GSLP, as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of May 9, 2011 among AEROFLEX INCORPORATED, as Borrower, AEROFLEX HOLDING CORP., as a Guarantor, CERTAIN SUBSIDIARIES OF AEROFLEX INCORPORATED, collectively, as Guarantors, VARIOUS LENDERS and JPMORGAN CHASE...
Credit and Guaranty Agreement • May 10th, 2011 • Aeroflex Holding Corp. • Semiconductors & related devices • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of May 9, 2011, is entered into by and among AEROFLEX INCORPORATED, a Delaware corporation (“Borrower”), AEROFLEX HOLDING CORP., a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) for the Lenders and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”) for the Lenders.

CREDIT AND GUARANTY AGREEMENT dated as of February 22, 2008 among ALDABRA SUB LLC (to be merged with and into BOISE PAPER HOLDINGS, L.L.C.), ALDABRA HOLDING SUB LLC, CERTAIN SUBSIDIARIES OF ALDABRA SUB LLC, as Guarantors, VARIOUS LENDERS, GOLDMAN...
Credit and Guaranty Agreement • March 2nd, 2011 • Bz Intermediate Holdings LLC • Papers & allied products • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of February 22, 2008, is entered into by and among ALDABRA SUB LLC, a Delaware limited liability company (“Aldabra” and, prior to the BPH Merger (as defined below), the “Borrower”), to be merged with and into BOISE PAPER HOLDINGS, L.L.C., a Delaware limited liability company (“BPH” and, after the BPH Merger, the “Borrower”), ALDABRA HOLDING SUB LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF ALDABRA, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), TORONTO DOMINION (TEXAS) LLC (“TD”), as Syndication Agent (together with its permitted successors in such capacity, “Syndication Agent”), BANK OF AMERICA, N.A. (“Bank of America”) and COBANK, ACB, as Co-Docum

CREDIT AND GUARANTY AGREEMENT dated as of September 27, 2010 among VALEANT PHARMACEUTICALS INTERNATIONAL, as Borrower, BIOVAIL CORPORATION, as Parent and a Guarantor, CERTAIN SUBSIDIARIES OF VALEANT PHARMACEUTICALS INTERNATIONAL and BIOVAIL...
Credit and Guaranty Agreement • October 1st, 2010 • Valeant Pharmaceuticals International • Pharmaceutical preparations • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of September 27, 2010, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, a Delaware corporation (the “Borrower”), and, upon consummation of the Merger (as defined herein) and delivery of the Counterpart Agreement (as defined herein) pursuant to Section 5.16, BIOVAIL CORPORATION, a corporation continued under the federal laws of Canada (“Parent”), CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, and, upon consummation of the Merger (as defined herein) and delivery of the Counterpart Agreement (as defined herein) pursuant to Section 5.16, CERTAIN SUBSIDIARIES OF PARENT, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”) and JEFFERIES FINANCE LLC (“Jefferies”), as Joint Lead Arrangers, Joint Bookrunners and Syndication Agents (each of GSLP, Morgan Stanley and Jefferies in such capacities, “Syndication Agent”), GSLP,

CREDIT AND GUARANTY AGREEMENT dated as of August 15, 2007 among AX ACQUISITION CORP., as Borrower, AX HOLDING CORP., as a Guarantor CERTAIN SUBSIDIARIES OF AEROFLEX INCORPORATED, collectively, as Guarantors, VARIOUS LENDERS, and GOLDMAN SACHS CREDIT...
Credit and Guaranty Agreement • December 11th, 2008 • Aeroflex Inc • Semiconductors & related devices • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of August 15, 2007, is entered into by and among AX ACQUISITION CORP., a Delaware corporation (“AX Acquisition”), AX HOLDING CORP., a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”), as Sole Lead Arranger, Sole Bookrunner and Syndication Agent (in such capacity, “Syndication Agent”).

CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • February 28th, 2008 • Boise Inc. • Blank checks • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of February 22, 2008, is entered into by and among ALDABRA SUB LLC, a Delaware limited liability company (“Aldabra” and, prior to the BPH Merger (as defined below), the “Borrower”), to be merged with and into BOISE PAPER HOLDINGS, L.L.C., a Delaware limited liability company (“BPH” and, after the BPH Merger, the “Borrower”), ALDABRA HOLDING SUB LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF ALDABRA, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), and Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), TORONTO DOMINION (TEXAS) LLC (“TD”), as Syndication Agent (together with its permitted successors in such capacity, “Syndication Agent”), BANK OF AMERICA, N.A. (“Bank of America”) and COBANK, ACB, as Co-Docum

SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND GUARANTY AGREEMENT dated as of October 16, 2007 among MOVIE GALLERY, INC., CERTAIN SUBSIDIARIES OF MOVIE GALLERY, INC. as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS CREDIT PARTNERS L.P., as Lead...
Credit and Guaranty Agreement • October 19th, 2007 • Movie Gallery Inc • Services-video tape rental • New York

This SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND GUARANTY AGREEMENT, dated as of October 16, 2007, is entered into by and among MOVIE GALLERY, INC., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (as defined below) (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”) and as Documentation Agent (in such capacity, “Documentation Agent”), and THE BANK OF NEW YORK (“BNY”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of February 13, 2007 among EDUCATION MANAGEMENT LLC, EDUCATION MANAGEMENT HOLDINGS LLC, CERTAIN SUBSIDIARIES OF EDUCATION MANAGEMENT HOLDINGS LLC, as Guarantors, THE DESIGNATED SUBSIDIARY...
Credit and Guaranty Agreement • March 16th, 2007 • Education Management LLC • Services-educational services • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of February 13, 2007, is entered into by and among EDUCATION MANAGEMENT LLC, a Delaware limited liability company (“Company”), EDUCATION MANAGEMENT HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Designated Subsidiary Borrowers party hereto from time to time (together with Company, “Borrowers”), the Lenders party hereto from time to time, CREDIT SUISSE SECURITIES (USA) LLC (“Credit Suisse”), as Syndication Agent (in such capacity, “Syndication Agent”), and BNP PARIBAS (“BNP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of February 13, 2007 among EDUCATION MANAGEMENT LLC, EDUCATION MANAGEMENT HOLDINGS LLC, CERTAIN SUBSIDIARIES OF EDUCATION MANAGEMENT HOLDINGS LLC, as Guarantors, THE DESIGNATED SUBSIDIARY...
Credit and Guaranty Agreement • February 14th, 2007 • Education Management LLC • Services-educational services • New York

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of February 13, 2007, is entered into by and among EDUCATION MANAGEMENT LLC, a Delaware limited liability company (“Company”), EDUCATION MANAGEMENT HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Designated Subsidiary Borrowers party hereto from time to time (together with Company, “Borrowers”), the Lenders party hereto from time to time, CREDIT SUISSE SECURITIES (USA) LLC (“Credit Suisse”), as Syndication Agent (in such capacity, “Syndication Agent”), and BNP PARIBAS (“BNP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).

CREDIT AND GUARANTY AGREEMENT dated as of June 1, 2006 among EDUCATION MANAGEMENT LLC, EDUCATION MANAGEMENT HOLDINGS LLC, CERTAIN SUBSIDIARIES OF EDUCATION MANAGEMENT HOLDINGS LLC, as Guarantors, THE DESIGNATED SUBSIDIARY BORROWERS REFERRED TO HEREIN,...
Credit and Guaranty Agreement • November 8th, 2006 • AID Restaurant, Inc. • Services-educational services • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of June 1, 2006, is entered into by and among EDUCATION MANAGEMENT LLC, a Delaware limited liability company (“Company”), EDUCATION MANAGEMENT HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Designated Subsidiary Borrowers party hereto from time to time (together with Company, “Borrowers”), the Lenders party hereto from time to time, CREDIT SUISSE SECURITIES (USA) LLC (“Credit Suisse”), as Syndication Agent (in such capacity, “Syndication Agent”), BNP PARIBAS (“BNP”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), and MERRILL LYNCH CAPITAL CORPORATION (“MLCC”) and BANK OF AMERICA N.A. (“Bank of America”), as Documentation Agents (in such capacity, “Documentation Agents”).

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