BACKGROUNDAmendment to Credit Agreement • December 21st, 2001 • Atchison Casting Corp • Iron & steel foundries • Illinois
GUARANTOR ACKNOWLEDGMENT AND AGREEMENTAmendment to Credit Agreement • November 6th, 2008 • Dialysis Corp of America • Services-hospitals
Each of the undersigned consents and agrees to and acknowledges the terms of the foregoing Amendment No. 5 to Credit Agreement, dated as of November 5, 2008. Each of the undersigned specifically acknowledges the terms of and consent to the waivers set forth therein. Each of the undersigned further agrees that the obligations of each of the undersigned pursuant to the Closing Date Guaranty executed by each of the undersigned shall remain in full force and effect and be unaffected hereby.
AMENDMENT NO. 1Amendment to Credit Agreement • March 27th, 2023 • PPG Industries Inc • Paints, varnishes, lacquers, enamels & allied prods • New York
THIS AMENDMENT NO. 1 (this “Agreement”), dated as of March 23, 2023, is entered into among PPG INDUSTRIES, INC., a Pennsylvania corporation (the “Borrower”) and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
ELEVENTH AMENDMENT AND ELEVENTH WAIVER AND CONSENTAmendment to Credit Agreement • May 12th, 2004 • SMTC Corp • Printed circuit boards • New York
ELEVENTH AMENDMENT AND ELEVENTH WAIVER AND CONSENT, dated April 5, 2004 (the “Agreement”), to and under the Amended and Restated Credit and Guarantee Agreement, dated as of July 27, 2000 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among SMTC Corporation (“Holdings”), HTM Holdings, Inc. (the “U.S. Borrower”), SMTC Manufacturing Corporation of Canada (the “Canadian Borrower”; together with the U.S. Borrower, the “Borrowers”), the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”), Lehman Brothers Inc., as advisor, lead arranger and book manager, The Bank of Nova Scotia, as syndication agent, Lehman Commercial Paper Inc., as general administrative agent (in such capacity, the “General Administrative Agent”), The Bank of Nova Scotia, as Canadian administrative agent, Lehman Commercial Paper Inc., as collateral monitoring agent, and General Electric Capital Corporation, as documentation agent.
SECOND AMENDMENT AGREEMENTAmendment to Credit Agreement • September 5th, 2019 • ZAGG Inc • Retail-miscellaneous retail • New York
SECOND AMENDMENTAmendment to Credit Agreement • May 14th, 2012 • Sba Communications Corp • Communications services, nec • New York
SECOND AMENDMENT, dated as of May 9, 2012 (this “Amendment”), among SBA SENIOR FINANCE II LLC (the “Borrower”), the INCREMENTAL TRANCHE A TERM LENDERS (as defined below) and TORONTO DOMINION (TEXAS) LLC, as administrative agent (the “Administrative Agent”). TD SECURITIES (USA) LLC and WELLS FARGO SECURITIES, LLC are acting as joint lead arrangers (the “Lead Arrangers”), and TD SECURITIES (USA) LLC, WELLS FARGO SECURITIES, LLC, RBS SECURITIES INC., CITIBANK, N.A. and DEUTSCHE BANK SECURITIES INC. are acting as bookrunners (the “Bookrunners”), in connection with the Incremental Tranche A Term Loans referred to below.
ELEVENTH AMENDMENTAmendment to Credit Agreement • July 28th, 2022 • Anywhere Real Estate Group LLC • Real estate agents & managers (for others) • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 5, 2013 and as amended by the First Amendment as of March 10, 2014, the Second Amendment, dated as of October 23, 2015, the Third Amendment, dated as of July 20, 2016, the Fourth Amendment, dated as of January 23, 2017, the Fifth Amendment, dated as of February 8, 2018, the Sixth Amendment, dated as of February 8, 2018, the 2019 Incremental Assumption Agreement, dated as of March 27, 2019, the Eighth Amendment, dated as of August 2, 2019, the Ninth Amendment, dated as of July 24, 2020, the Tenth Amendment, dated as of January 27, 2021, the Eleventh Amendment, dated as of July 27, 2022 and as further amended, supplemented or otherwise modified from time to time (this “Agreement”), among ANYWHERE INTERMEDIATE HOLDINGS LLC (f/k/a REALOGY INTERMEDIATE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), REALOGY GROUP LLC), a Delaware limited liability company (“Holdings”), ANYWHERE REAL ESTATE GROUP LLC (f/k/a REALOGY GROU
AMENDMENT NO. 2Amendment to Credit Agreement • June 3rd, 2021 • National Vision Holdings, Inc. • Ophthalmic goods • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 18, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time), among NAUTILUS ACQUISITION HOLDINGS, INC., a Delaware corporation (“Holdings”), National Vision, Inc., a Georgia corporation (the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, together with the Swingline Lender, the “Lenders”), BANK OF AMERICA, N.A., as the Swingline Lender, the Administrative Agent and the Collateral Agent (such terms and each other capitalized term used but not defined in this preamble having the meaning provided in Section 1) and each Letter of Credit Issuer.
AMENDMENT NO. 1Amendment to Credit Agreement • November 8th, 2006 • Adesa Inc • Wholesale-motor vehicles & motor vehicle parts & supplies • New York
THIS AMENDMENT NO. 1, dated as of October 10, 2006 (“Amendment No. 1”) by and among ADESA, INC., a Delaware corporation (the “Borrower”), certain subsidiaries of the Borrower, as guarantors (collectively, the “Subsidiary Guarantors”), the lenders from time to time parties thereto (collectively, the “Lenders”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”), the Swing Line Lender and the L/C Issuer to the Amended and Restated Credit Agreement, dated as of July 25, 2005, as supplemented, amended and modified (the “Credit Agreement”) among the Borrower, the Subsidiary Guarantors, the Lenders, the Administrative Agent, Swing Line Lender, L/C Issuer and Collateral Agent and certain other agents parties thereto. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement (the Credit Agreement, as amended by, and together with, this Amendment No. 1, and as hereinafter amended, mod
AMENDMENT NO. 4Amendment to Credit Agreement • September 16th, 2024 • Wynn Resorts LTD • Hotels & motels • New York
This AMENDMENT NO. 4 (this “Amendment”), dated as of September 16, 2024 and effective as of the Amendment No. 4 Effective Date (as hereinafter defined), is made and entered into by and among WYNN RESORTS FINANCE, LLC, a Nevada limited liability company (the “Borrower”), the GUARANTORS, each INCREMENTAL EXTENDED TERM A FACILITY LENDER (as hereinafter defined) party hereto, each INCREMENTAL EXTENDED REVOLVING LENDER (as hereinafter defined) party hereto and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the Lenders under the Existing Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”).
ContractAmendment to Credit Agreement • March 28th, 2016 • Gaming & Leisure Properties, Inc. • Real estate investment trusts
FIRST AMENDMENT dated as of March 25, 2016 (this “Amendment”) to Amendment No. 1 dated as of July 31, 2015 among the Borrower, the Lenders party thereto and the Incremental Tranche A-1 Term Loan Lenders (“Amendment No. 1 to the Credit Agreement”) to the Credit Agreement dated as of October 28, 2013 among GLP CAPITAL, L.P. (as successor-by-merger to GLP Financing, LLC), a Pennsylvania limited partnership (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) (the “Credit Agreement”); capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in Amendment No. 1 to the Credit Agreement.
ContractAmendment to Credit Agreement • July 25th, 2024 • Summit Materials, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
AMENDMENT No. 8, dated as of July 25, 2024 (this “Amendment”) among SUMMIT MATERIALS, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors party hereto, the Term B-2 Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender, to the Amended and Restated Credit Agreement dated as of July 17, 2015, among the Borrower, the Guarantors party thereto, the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), the Administrative Agent, Collateral Agent, L/C Issuer and Swing Line Lender and the other parties thereto (as amended by Amendment No. 1 dated as of January 19, 2017, Amendment No. 2 dated as of November 21, 2017, Amendment No. 3 dated as of May 22, 2018, Amendment No. 4 dated as of February 25, 2019, Amendment No. 5 dated as of December 14, 2022, Amendment No. 6 dated as of January 10, 2023 and Amendm
The Credit Grantor may at all times: Please add the below clause to your agreement -Amendment to Credit Agreement • June 18th, 2021
Subject to the Terms of this Agreement, the Supplier shall bear no liability for any loss or damage, unless such damage or loss has regard to any circumstances within our reasonable control;
SIXTH AMENDMENTAmendment to Credit Agreement • May 2nd, 2023 • LPL Financial Holdings Inc. • Security & commodity brokers, dealers, exchanges & services • New York
This SIXTH AMENDMENT (this “Agreement”), dated as of March 13, 2023, is made by and among LPL HOLDINGS, INC., a Massachusetts corporation (the “Borrower”), LPL FINANCIAL HOLDINGS INC., a Delaware corporation (“Holdings”), each subsidiary of the Borrower listed on the signature pages hereto (the “Subsidiary Guarantors”; the Subsidiary Guarantors, together with Holdings, the “Guarantors”; and the Guarantors, together with the Borrower, the “Credit Parties”) and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent for the Lenders under the Amended Credit Agreement (as defined below) (the “Administrative Agent”).
AMENDMENT NO. 1Amendment to Credit Agreement • November 3rd, 2020 • Wayfair Inc. • Retail-catalog & mail-order houses
This AMENDMENT NO. 1 (this “Amendment No. 1”) dated as of August 21, 2020, by and among WAYFAIR LLC, a limited liability company organized under the laws of the State of Delaware (the “Borrower”); WAYFAIR INC., a corporation organized under the laws of the State of Delaware (the “Parent”); CITIBANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), Swing Line Lender and L/C Issuer, Silicon Valley Bank, in its capacity as L/C Issuer and the lenders party hereto, is entered into in connection with the Amended and Restated Credit Agreement, dated as of February 21, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among the Borrower, the Parent, each other Loan Party party thereto, the lenders party thereto, the Swing Line Lender, the L/C Issuer and the Administrative Agent.
JOINDER AND AMENDMENT AGREEMENTAmendment to Credit Agreement • March 18th, 2019 • Ocwen Financial Corp • Mortgage bankers & loan correspondents • New York
THIS JOINDER AND AMENDMENT AGREEMENT, dated as of March 18, 2019 (this “Agreement”), is by and among Barclays Bank PLC (the “New Term Loan Lender”), OCWEN LOAN SERVICING, LLC, a Delaware limited liability company (the “Borrower”), OCWEN FINANCIAL CORPORATION, a Florida corporation (“Parent”), certain Subsidiaries of Parent, as Subsidiary Guarantors, the other Lenders party hereto and BARCLAYS BANK PLC, as Administrative Agent.
SECOND AMENDMENT AGREEMENTAmendment to Credit Agreement • May 14th, 2012 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products • New York
SECOND AMENDMENT AGREEMENT (this “Agreement”), dated as of May 14, 2012, by and among Crystal Rock Holdings, Inc., individually and as successor by merger to Vermont Pure Holdings, Ltd. (“Holdings”), Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), Bank of America, N.A. (“Bank of America”) and the other lending institutions party to that certain Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to a certain Amended and Restated Credit Agreement dated as of April 5, 2010, as amended by that certain First Amendment Agreement dated as of September 28, 2010 (as amended the “Credit Agreement”).
OMNIBUS AMENDMENTAmendment to Credit Agreement • October 24th, 2017 • Marketaxess Holdings Inc • Security brokers, dealers & flotation companies • New York
This OMNIBUS AMENDMENT (herein, the “Amendment”) is entered into as of October 19, 2017, by and among MARKETAXESS HOLDINGS INC. (the “Borrower”), the other Loan Parties party hereto, the Lenders party hereto and JPMORGAN CHASE BANK, N.A (the “Administrative Agent”).
ContractAmendment to Credit Agreement • June 21st, 2018 • Harsco Corp • Fabricated structural metal products • New York
AMENDMENT NO. 3, dated as of June 18, 2018 (this “Amendment Agreement”), among HARSCO CORPORATION, a Delaware corporation (the “Company”), the Subsidiary Guarantors party hereto, CITIBANK, N.A., as Administrative Agent and Collateral Agent, each person set forth on Schedule I hereto (each, a “Term B-2 Lender”) and each of the Consenting Lenders (as defined below) party hereto.
PARTIAL RELEASE AND FOURTEENTH OMNIBUS AMENDMENT TO AMENDED DOCUMENTSAmendment to Credit Agreement • September 18th, 2014 • Trian Fund Management, L.P. • Retail-eating & drinking places • New York
PARTIAL RELEASE AND FOURTEENTH OMNIBUS AMENDMENT (the “Amendment”), dated as of August 18, 2014, to the Amended Documents referred to below by and among PETER W. MAY and LENI MAY (the “Borrowers”), and BANK OF AMERICA, N.A. (the “Lender”).
SECOND AMENDMENTAmendment to Credit Agreement • March 7th, 2006 • SCP Pool Corp • Wholesale-misc durable goods • North Carolina
CREDIT AGREEMENT, dated as of November 2, 2004 (the “Initial Credit Agreement”), as amended by the First Amendment to the Initial Credit Agreement (the “First Amendment”) dated as of May 9, 2005, and as further amended by the Second Amendment to the Initial Credit Agreement (the “Second Amendment”) dated as of December 20, 2005, by and among SCP POOL CORPORATION, a Delaware corporation (the “US Borrower”), SCP DISTRIBUTORS INC., a company organized under the laws of Ontario (the “Canadian Borrower”), the lenders who are or may become a party to this Agreement (collectively, the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders, CONGRESS FINANCIAL CORPORATION (CANADA), as Canadian Dollar Lender, JPMORGAN CHASE BANK, as Syndication Agent, HIBERNIA NATIONAL BANK, as Documentation Agent and WELLS FARGO BANK NATIONAL ASSOCIATION, as Documentation Agent.
SECOND AMENDMENTAmendment to Credit Agreement • March 16th, 2006 • Advance America, Cash Advance Centers, Inc. • Personal credit institutions • North Carolina
THIS SECOND AMENDMENT (this "Amendment") dated as of December 31, 2004 is among Advance America, Cash Advance Centers, Inc., a Delaware corporation (the "Borrower"), the Guarantors identified on the signature pages hereto (the "Guarantors"), the Lenders identified on the signature pages hereto and Bank of America, N.A., as Administrative Agent.
FIFTH AMENDMENT AGREEMENTAmendment to Credit Agreement • January 27th, 2015 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”), dated as of January 14, 2015, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), individually and as successor by merger to its former Subsidiary, Crystal Rock Holdings, Inc., Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), Bank of America, N.A. (“Bank of America”) and the other lending institutions party to that certain Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to a certain Amended and Restated Credit Agreement dated as of April 5, 2010, as amended by that certain First Amendment Agreement dated as of September 28, 2010, that certain Second Amendment Agreement dated as of May 1, 2012, that certain Third Amendment Agreement dated as of May 13, 2013, and that cer
ContractAmendment to Credit Agreement • March 14th, 2006 • Waste Services, Inc. • Refuse systems
AGREEMENT effective as of the 28th day of December, 2005 among Waste Services, Inc., a Delaware corporation (“WSI”) and Kelso Investment Associates VI, L.P., a Delaware limited partnership, and KEP VI, LLC, a Delaware limited liability company, (collectively, the “Kelso Parties”).
