And Restated Credit Agreement Sample Contracts

THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 26, 2019 among WESCO DISTRIBUTION, INC.,the other U.S. Borrowers party hereto, WESCO DISTRIBUTION CANADA LP, the other Canadian Borrowers party hereto, the Other Loan Parties Party...
And Restated Credit Agreement • October 1st, 2019 • Wesco International Inc • Wholesale-electrical apparatus & equipment, wiring supplies • New York

THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 26, 2019 (as it may be amended, restated, amended and restated, supplemented or modified from time to time, this “Agreement”), among WESCO DISTRIBUTION, INC., a Delaware corporation, the other U.S. Borrowers party hereto, WESCO DISTRIBUTION CANADA LP, an Ontario limited partnership, the other Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian Administrative Agent.

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AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • January 6th, 2014 • Astronics Corp • Aircraft parts & auxiliary equipment, nec • New York

This amendment dated as of December 31, 2013 (“Amendment”) to the Agreement, as defined below, is entered into by and among Astronics Corporation (“Borrower”), each of the lenders under the Agreement, i.e., HSBC Bank USA, National Association, Bank of America, N.A. and Manufacturers and Traders Trust Company (collectively, the “Lenders”) and HSBC Bank USA, National Association as agent for the Lenders under the Agreement (“Agent”), and as the Swingline Lender and Issuing Bank. Terms used herein and not otherwise defined are used with their defined meanings from the Agreement.

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • May 24th, 2017 • SiteOne Landscape Supply, Inc. • Agricultural services

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 24, 2017 (this “Amendment”), among SiteOne Landscape Supply Holding, LLC (formerly known as JDA Holding LLC), a Delaware limited liability company (the “Parent Borrower”), SiteOne Landscape Supply, LLC (formerly known as John Deere Landscapes LLC), a Delaware limited liability company (the “OpCo Borrower”, and together with the Parent Borrower, collectively, the “Borrowers” and each individually, a “Borrower”), UBS AG, Stamford Branch, as administrative agent and collateral agent for the several banks and other financial institutions from time to time party to the Credit Agreement defined below (in such capacities, the “Administrative Agent” or the “Collateral Agent”, as applicable) and the Lenders party hereto.

FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • March 20th, 2008 • Ml Macadamia Orchards L P • Agricultural production-crops

This Fourth Amendment is made as of March 14, 2008 (the “Amendment”), by and between ML Macadamia Orchards, L.P., a Delaware limited partnership, and ML Resources, Inc., a Hawaii corporation (collectively, the “Borrower”) and American AgCredit, PCA (the “Lender”).

AMENDMENT NO. 7 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • July 1st, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan

THIS AMENDMENT, dated as of June 28, 2011, by and between Manitex International, Inc., a Michigan corporation formerly known as Veri-Tek International, Corp., and Manitex, Inc., a Texas corporation (the “Companies”, and individually a “Company”), and Comerica Bank, a Texas banking association, of Detroit, Michigan (“Bank”).

FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • September 23rd, 2020 • Spinal Elements Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “ Agreement”) is entered into as of June 13, 2019, by and among AMENDIA, INC. (the “Borrower”), the other Persons party hereto that are designated as Credit Parties, the Lenders from time to time parties hereto, and ANTARES CAPITAL LP, as Agent (in such capacity, the “Agent”) for the Lenders under the Credit Agreement and other Loan Documents.

WAIVER AND SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • December 20th, 2006 • Switch & Data, Inc. • Telephone communications (no radiotelephone) • New York

This WAIVER AND SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 27, 2006 (this “Amendment”), is by and among SWITCH & DATA HOLDINGS, INC., a Delaware corporation (the “Borrower”), the financial institutions from time to time party to the Credit Agreement referred to below as Lenders, DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (hereinafter, in such capacity, the “Administrative Agent”) for itself and the Lenders, CANADIAN IMPERIAL BANK OF COMMERCE and ROYAL BANK OF CANADA, as co-documentation agents (the “Co-Documentation Agents”), and CIT LENDING SERVICES CORPORATION and BNP PARIBAS, as co-syndication agents (the “Co-Syndication Agents”), amending certain provisions of the Third Amended and Restated Credit Agreement, dated as of October 13, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), among the Borrower, the financial institutions party thereto from time to t

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • November 6th, 2006 • Inland Real Estate Corp • Real estate investment trusts

This First Amendment to Second Amended and Restated Credit Agreement (the “Amendment”) is made as of September 27, 2006, by and among Inland Real Estate Corporation (the “Borrower”), KeyBank National Association, individually and as “Administrative Agent,” and the “Lenders” as shown on the signature pages hereof.

AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • March 29th, 2013 • Astronics Corp • Aircraft parts & auxiliary equipment, nec • New York

This amendment dated as of March 27, 2013 (“Amendment”) to the Agreement, as defined below, is entered into by and among Astronics Corporation (“Borrower”), each of the lenders under the Agreement, i.e., HSBC Bank USA, National Association, Bank of America, N.A. and Manufacturers and Traders Trust Company (collectively, the “Lenders”) and HSBC Bank USA, National Association as agent for the Lenders under the Agreement (“Agent”), and as the Swingline Lender and Issuing Bank. Terms used herein and not otherwise defined are used with their defined meanings from the Agreement.

TENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • March 6th, 2020 • Martin Midstream Partners L.P. • Wholesale-petroleum bulk stations & terminals

This TENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), executed as of March 2, 2020 but effective as of the date the conditions precedent set forth in Section 3 below have been satisfied (the “Tenth Amendment Effective Date”), is among MARTIN OPERATING PARTNERSHIP L.P., a Delaware limited partnership, as borrower (the “Borrower”), MARTIN MIDSTREAM PARTNERS L.P., a Delaware limited partnership (the “MLP”), the other Loan Parties party hereto, the Lenders (as defined below) party hereto, and ROYAL BANK OF CANADA, as administrative agent (the “Administrative Agent”) and collateral agent for the Lenders and as an L/C Issuer and a Lender.

ELEVENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • July 9th, 2020 • Martin Midstream Partners L.P. • Wholesale-petroleum bulk stations & terminals • New York
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • February 23rd, 2009 • Parallel Petroleum Corp • Crude petroleum & natural gas • Texas

This Second Amendment to Fourth Amended and Restated Credit Agreement (this “Second Amendment”) executed as of February 19, 2009, to be effective as of December 31, 2008, is by and among PARALLEL PETROLEUM CORPORATION, a Delaware corporation (“Borrower”), and CITIBANK, N.A., BNP PARIBAS, WESTERN NATIONAL BANK, COMPASS BANK, BANK OF SCOTLAND plc, TEXAS CAPITAL BANK, N.A., BANK OF AMERICA, N.A. and WEST TEXAS NATIONAL BANK (collectively, “Lenders”), and CITIBANK, N.A., as Joint Lead Arranger and as Administrative Agent (“Agent”) and BNP PARIBAS, as Joint Lead Arranger and as Syndication Agent.

TWELFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • July 22nd, 2021 • Martin Midstream Partners L.P. • Wholesale-petroleum bulk stations & terminals • New York

This TWELFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated effective as of July 16, 2021 (the “Twelfth Amendment Effective Date”), is among MARTIN OPERATING PARTNERSHIP L.P., a Delaware limited partnership, as borrower (the “Borrower”), MARTIN MIDSTREAM PARTNERS L.P., a Delaware limited partnership (the “MLP”), the other Loan Parties party hereto, the Lenders (as defined below) party hereto, and ROYAL BANK OF CANADA, as administrative agent (the “Administrative Agent”) and collateral agent for the Lenders and as an L/C Issuer and a Lender.

AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • December 16th, 2004 • Meade Instruments Corp • Optical instruments & lenses

This Third Amendment to Amended and Restated Credit Agreement (this “Amendment”) is dated as of December 15, 2004 (the “Amendment Closing Date”) and entered into by and among Bank of America, N.A., as lender (the “Lender”), with offices at 55 South Lake Avenue, Suite 900, Pasadena, California 91101, and Meade Instruments Corp., a Delaware corporation, Simmons Outdoor Corp., a Delaware corporation, and Coronado Instruments, Inc., a California corporation (such entities being referred to hereinafter each individually as a “Borrower” and collectively, the “Borrowers”).

FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • May 5th, 2008 • Ml Macadamia Orchards L P • Agricultural production-crops

This Fifth Amendment is made as of April 25, 2008, (the “Amendment”), by and between ML Macadamia Orchards, L.P., a Delaware limited partnership, and ML Resources, Inc., a Hawaii corporation (collectively the “Borrower”) and American AgCredit, PCA (the “Lender”).

SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • November 6th, 2006 • Inland Real Estate Corp • Real estate investment trusts

This Second Amendment to Second Amended and Restated Credit Agreement (the “Amendment”) is made as of November 2, 2006, by and among Inland Real Estate Corporation (the “Borrower”), KeyBank National Association, individually and as “Administrative Agent,” and the “Lenders” as shown on the signature pages hereof.

AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • March 9th, 2018 • Industrial Property Trust Inc. • Real estate investment trusts • New York

This Third Amendment to Third Amended and Restated Credit Agreement (this “Amendment”) is made as of October 31, 2017 by and among INDUSTRIAL PROPERTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Agreement (collectively, the “Lenders”), and JPMORGAN CHASE BANK, N.A., not individually, but as “Administrative Agent”.

THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
And Restated Credit Agreement • December 12th, 2017 • SiteOne Landscape Supply, Inc. • Agricultural services

THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 12, 2017 (this “Amendment”), among SiteOne Landscape Supply Holding, LLC (formerly known as JDA Holding LLC), a Delaware limited liability company (the “Parent Borrower”), SiteOne Landscape Supply, LLC (formerly known as John Deere Landscapes LLC), a Delaware limited liability company (the “OpCo Borrower”, and together with the Parent Borrower, collectively, the “Borrowers” and each individually, a “Borrower”), UBS AG, Stamford Branch, as administrative agent and collateral agent for the several banks and other financial institutions from time to time party to the Credit Agreement defined below (in such capacities, the “Administrative Agent” or the “Collateral Agent”, as applicable) and the Lenders party hereto.

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