AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of June 30, 2006 among X-RITE, INCORPORATED, as Borrower CERTAIN SUBSIDIARIES OF X-RITE, INCORPORATED, as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS CREDIT PARTNERS L.P., as Lead...First Lien Credit and Guaranty Agreement • August 10th, 2006 • X Rite Inc • Photographic equipment & supplies • New York
This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of June 30, 2006, is entered into by and among X-RITE, INCORPORATED, a Michigan corporation (“Borrower” or “Company”), CERTAIN SUBSIDIARIES OF COMPANY, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Lead Arranger, Bookrunner and Administrative Agent (in such capacity, together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (in such capacity, together with its permitted successor in such capacity, “Collateral Agent”) and MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. (in such capacity, “Syndication Agent”).
Mortgage DATED AS OF JUNE 30, 2006, from X-Rite, Incorporated, A MICHIGAN CORPORATION to Fifth Third Bank, A MICHIGAN BANKING CORPORATION NOTICE: THIS INSTRUMENT PROVIDES FOR VARIABLE RATES OF INTERESTMortgage • August 10th, 2006 • X Rite Inc • Photographic equipment & supplies • Michigan
This Mortgage and Security Agreement with Assignment of Rents (the “Mortgage”) dated as of June 30, 2006 from X-Rite, Incorporated, a Michigan corporation with its principal place of business and mailing address at 3100 44th Street SW, Grandville, Kent County, Michigan 49418 (hereinafter referred to as “Mortgagor”), to Fifth Third Bank, a Michigan banking corporation with its principal place of business at 111 Lyon Street, NW, Grand Rapids, Kent County, Michigan 49503, in such capacity being hereinafter referred to as “Mortgagee”);
