Credit Agreement and Limited Waiver Sample Contracts

RECITALS
Credit Agreement and Limited Waiver • February 21st, 2006 • Fisher Scientific International Inc • Wholesale-professional & commercial equipment & supplies • New York
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AMENDMENT NO. 1 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • October 16th, 2013 • Alliance HealthCare Services, Inc • Services-medical laboratories • New York

AMENDMENT NO. 1 TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment and Waiver”), dated as of October 11, 2013, among ALLIANCE HEALTHCARE SERVICES, INC., a Delaware corporation (“Company”), the Lenders party hereto, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent for Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement referred to below.

FOURTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • September 6th, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Fourth Amendment and Limited Waiver”), dated as of August 31, 2017, is entered into by and among INVENTURE FOODS, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiaries of the Parent Borrower identified on the signature pages hereof (such Subsidiaries, together with the Parent Borrower, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as “Borrowers”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit Agreement, together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its succe

PANOLAM INDUSTRIES INTERNATIONAL, INC. THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • October 1st, 2007 • Panolam Industries International Inc • Miscellaneous furniture & fixtures • New York

This THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) is dated as of March 30, 2007 and entered into by and among Panolam Industries International, Inc., a Delaware corporation, as successor by merger to PIH Acquisition Co. (“Company”), Panolam Holdings II Co., a Delaware corporation (“Holdings”), Credit Suisse, Cayman Islands Branch, as administrative agent for Lenders (“Administrative Agent”), and, solely for purposes of Section 5 hereof, the Credit Support Parties (as defined in Section 5 hereof) listed on the signature pages hereof, and is made with reference to that certain Credit Agreement dated as of September 30, 2005 by and among Company, Holdings, Lenders, Jefferies & Company, Inc., as syndication agent for Lenders and Administrative Agent, as amended by that certain First Amendment to Credit Agreement and Waiver dated February 27, 2006, as further amended by that certain Second Amendment to Credit Agreement dated March 1, 2006 (as so amended, the “Cr

AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • March 30th, 2018 • Tilly's, Inc. • Retail-apparel & accessory stores • California

THIS AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), is made on April 13, 2017, by and among WORLD OF JEANS & TOPS, a California corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).

AMENDMENT NO. 7 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • March 6th, 2018 • Diversified Restaurant Holdings, Inc. • Retail-eating places • New York

THIS AMENDMENT NO. 7 TO CREDIT AGREEMENT AND LIMITED WAIVER dated as of February 28, 2018 (this “Amendment”), is among DIVERSIFIED RESTAURANT HOLDINGS, INC., a Nevada corporation (“Holdings” and a “Guarantor”), each of the undersigned Subsidiaries of Holdings identified as a “Borrower” on the signature pages hereto (each, a “Borrower” and, collectively, the “Borrowers”), each of the undersigned Subsidiaries of Holdings identified as a “Guarantor” on the signature pages hereto (each, a “Guarantor” and together with Holdings, collectively, the “Guarantors”), CITIZENS BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (in such capacity, the “Administrative Agent”), and each of the Lenders (as defined below) party hereto.

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • May 7th, 2021 • Enpro Industries, Inc • Gaskets, packg & sealg devices & rubber & plastics hose • New York

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) is entered into as of January 19, 2021 among ENPRO INDUSTRIES, INC., a North Carolina corporation (the “Parent”), ENPRO HOLDINGS, INC., a North Carolina corporation (“EnPro Holdings”; EnPro Holdings and the Parent, collectively, the “Borrowers”), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

SECOND AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • July 21st, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products

THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Second Amendment and Limited Waiver”), dated as of July 17, 2017, is entered into by and among INVENTURE FOODS, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiaries of the Parent Borrower identified on the signature pages hereof (such Subsidiaries, together with the Parent Borrower, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as “Borrowers”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit Agreement, together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its success

AMENDMENT NO. 1 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • February 14th, 2023 • Broadwind, Inc. • Nonferrous foundries (castings)

This Amendment No. 1 to Credit Agreement and Limited Waiver dated as of February 8, 2023 (the “Agreement”) is among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lender (the “Lender”), BROADWIND, INC., a Delaware corporation (“Company”) and certain Subsidiaries of the Company from time to time party to the Credit Agreement as Borrowers (together with Company, “Borrowers” and each a “Borrower”) and certain Subsidiaries of the Company from time to time party to the Credit Agreement as Guarantors (collectively, the “Guarantors” and each a “Guarantor” and together with the Borrowers, the “Loan Parties” and each a “Loan Party”).

FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • February 22nd, 2016 • Dean Foods Co • Ice cream & frozen desserts • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), dated as of November 23, 2015 (the “Effective Date”), is entered into by and among Dean Foods Company, a Delaware corporation (the “Borrower”), each Lender party hereto and Bank of America, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).

LEVI STRAUSS & CO. LEVI STRAUSS FINANCE CENTER CORPORATION THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • April 13th, 2004 • Levi Strauss & Co • Apparel & other finishd prods of fabrics & similar matl • California

This THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) is dated as of March 18, 2004 and entered into by and among Levi Strauss & Co., a Delaware corporation ( “LS&Co”), Levi Strauss Financial Center Corporation, a Delaware corporation (“LSFCC” and, together with LS&Co, the “Borrowers”), the financial institutions listed on the signature pages hereof (the “Lenders”), and Bank of America, N.A., as agent for the Lenders (the “Agent”), and, for purposes of Section 5 hereof, the Loan Parties other than the Borrowers listed on the signature pages hereof (the “Subsidiary Parties”), and is made with reference to that certain Credit Agreement dated as of September 29, 2003, as amended by that First Amendment to Credit Agreement dated as of September 30, 2003 and that Second Amendment to Credit Agreement dated as of October 14, 2003 (the “Credit Agreement”), by and among the parties thereto. Capitalized terms used herein without definition shall have the same meanings he

AMENDMENT NO. 11 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • December 29th, 2017 • Mid-Con Energy Partners, LP • Crude petroleum & natural gas • New York

This Amendment No. 11 to Credit Agreement and Limited Waiver (this "Amendment") dated as of December 22, 2017 is among Mid-Con Energy Properties, LLC, a Delaware limited liability company (the "Borrower"), the Guarantor (as defined below), the financial institutions that are identified below as Lenders (collectively, the "Lenders" and individually, a "Lender"), and Wells Fargo Bank, National Association, as administrative agent (in such capacity, the "Administrative Agent") and as collateral agent (in such capacity, the "Collateral Agent") for the Lenders.

MENTOR GRAPHICS CORPORATION THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • June 8th, 2007 • Mentor Graphics Corp • Services-computer integrated systems design • California
FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • May 17th, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment and Limited Waiver”), dated as of May 12, 2017, is entered into by and among INVENTURE FOODS, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiaries of the Parent Borrower identified on the signature pages hereof (such Subsidiaries, together with the Parent Borrower, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as “Borrowers”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit Agreement, together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and a

EIGHTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • October 25th, 2016 • Nobilis Health Corp. • Services-general medical & surgical hospitals, nec • New York

This EIGHTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), is made and entered into as of October 20, 2016 (the “Eighth Amendment Closing Date”), among NORTHSTAR HEALTHCARE ACQUISITIONS, L.L.C., a Delaware limited liability company (the “Borrower”), the other Credit Parties party hereto, the financial institutions party hereto from time to time (collectively, the “Lenders” and individually each a “Lender”), and HEALTHCARE FINANCIAL SOLUTIONS, LLC, a Delaware limited liability company (as the successor in interest to GENERAL ELECTRIC CAPITAL CORPORATION), as administrative agent for the Secured Parties (in such capacity, the “Agent”), and as a Lender, and Swingline Lender.

FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • November 2nd, 2018 • Lonestar Resources US Inc. • Crude petroleum & natural gas

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (the "Fifth Amendment to Credit Agreement," or this "Amendment") is entered into effective as of December 29, 2016 (the "Fifth Amendment Effective Date"), among LONESTAR RESOURCES AMERICA INC., a Delaware corporation ("Borrower"), CITIBANK, N.A., a national banking association, as Administrative Agent (in such capacity, the "Administrative Agent"), and the financial institutions executing this Amendment as Lenders.

FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • December 10th, 2010 • Concho Resources Inc • Crude petroleum & natural gas • Texas

THIS FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) dated as of December 7, 2010, is by and among Concho Resources Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Amendment have the meanings assigned to such terms in the Credit Agreement (as defined below).

THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • July 21st, 2017 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products

THIS THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Third Amendment and Limited Waiver”), dated as of July 21, 2017, is entered into by and among INVENTURE FOODS, INC., a Delaware corporation (the “Parent Borrower”), the Subsidiaries of the Parent Borrower identified on the signature pages hereof (such Subsidiaries, together with the Parent Borrower, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as “Borrowers”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit Agreement, together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successor

FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • July 19th, 2010 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • New York

This FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) is made and entered into effective as of the 15th day of July, 2010 (the “First Amendment Effective Date”), by and among OXFORD MINING COMPANY, LLC, an Ohio limited liability company (the “Borrower”), the Lenders party hereto, CITICORP USA, INC., as administrative agent (the “Administrative Agent”), and the other parties signatory hereto.

SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • May 8th, 2012 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), effective as of the 2nd day of May, 2012 (the “Sixth Amendment Effective Date”), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the guarantors party hereto (the “Guarantors”), the lenders party hereto (the “Lenders”) and BANK OF MONTREAL, as administrative agent for the Lenders (the “Administrative Agent”).

THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • November 10th, 2021 • Wireless Telecom Group Inc • Communications equipment, nec • New York

This THIRD AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), dated as of May 27, 2021, is made by and between Wireless Telecom Group, Inc., a New Jersey corporation (the “Borrower”), the Borrower’s subsidiaries set forth on the signature page hereto (the “Guarantors”) and Muzinich BDC, Inc. (the “Lender”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Loan Agreement (defined below).

FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • April 20th, 2015 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), effective as of the Effective Date (as defined below), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the guarantors party hereto (the “Guarantors”), the Lenders (as hereinafter defined) party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent for the Lenders (the “Administrative Agent”) and as collateral agent for the Lenders (the “Collateral Agent”).

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AMENDMENT NO. 5 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • March 25th, 2014 • American Apparel, Inc • Blank checks • New York

THIS AMENDMENT NO. 5 TO CREDIT AGREEMENT AND LIMITED WAIVER dated as of March 25, 2014 (this “Amendment”), is among AMERICAN APPAREL (USA), LLC, a California limited liability company (“AA USA”), AMERICAN APPAREL RETAIL, INC., a California corporation (“AA Retail”), AMERICAN APPAREL DYEING & FINISHING, INC., a California corporation (“AA Dyeing & Finishing”), KCL KNITTING, LLC, a California limited liability company (“KCL” and, together with AA USA, AA Retail and AA Dyeing & Finishing, collectively, the “Borrowers” and each, individually, a “Borrower”), AMERICAN APPAREL, INC., a Delaware corporation (“Holdings”), FRESH AIR FREIGHT, INC., a California corporation (“Fresh Air” and, together with Holdings, collectively, the “Guarantors” and each, individually, a “Guarantor”), CAPITAL ONE BUSINESS CREDIT CORP. (f/k/a Capital One Leverage Finance Corp.), as administrative agent (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto.

Sixth Amendment to Credit Agreement and Limited Waiver
Credit Agreement and Limited Waiver • November 30th, 2018 • Limbach Holdings, Inc. • Construction - special trade contractors

This Sixth Amendment to Credit Agreement and Limited Waiver (this “Amendment”) is entered into as of November 30, 2018, by and among Limbach Facility Services LLC, a Delaware limited liability company (the “Borrower”), Limbach Holdings LLC, a Delaware limited liability company (the “Parent”), the other Guarantors party hereto, the Lenders party hereto, and Fifth Third Bank, an Ohio banking corporation, as Administrative Agent and L/C Issuer.

Contract
Credit Agreement and Limited Waiver • September 1st, 2005 • Greater Bay Bancorp • National commercial banks • California

AMENDMENT NO. 1 TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) dated as of August 29, 2005 among GREATER BAY BANCORP, a California corporation (the “Borrower”), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as agent (the “Agent”) for the Lenders.

FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • May 18th, 2016 • Nobilis Health Corp. • Services-general medical & surgical hospitals, nec • New York

This FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), is made and entered into as of May 12, 2016 (the “Fifth Amendment Closing Date”), among NORTHSTAR HEALTHCARE ACQUISITIONS, L.L.C., a Delaware limited liability company (the “Borrower”), the other Credit Parties party hereto, the financial institutions party hereto from time to time (collectively, the “Lenders” and individually each a “Lender”), and HEALTHCARE FINANCIAL SOLUTIONS, LLC, a Delaware limited liability company (as the successor in interest to GENERAL ELECTRIC CAPITAL CORPORATION), as administrative agent for the Secured Parties (in such capacity, the “Agent”), and as a Lender, and Swingline Lender.

FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • July 16th, 2015 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), effective as of the 10th day of July, 2015 (the “Effective Date”), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the guarantors party hereto (the “Guarantors”), the Lenders (as hereinafter defined) party hereto and BANK OF MONTREAL, as administrative agent for the Lenders (the “Administrative Agent”).

SECOND AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • April 20th, 2015 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), effective as of the 17th day of April, 2015 (the “Effective Date”), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the guarantors party hereto (the “Guarantors”), the Lenders (as hereinafter defined) party hereto and BANK OF MONTREAL, as administrative agent for the Lenders (the “Administrative Agent”).

AMENDMENT NO. 3 TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • April 1st, 2014 • American Apparel, Inc • Blank checks • New York

THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT AND LIMITED WAIVER dated as of November 14, 2013 (this "Amendment"), is among AMERICAN APPAREL (USA), LLC, a California limited liability company ("AA USA"), AMERICAN APPAREL RETAIL, INC., a California corporation ("AA Retail"), AMERICAN APPAREL DYEING & FINISHING, INC., a California corporation ("AA Dyeing & Finishing"), KCL KNITTING, LLC, a California limited liability company ("KCL" and, together with AA USA, AA Retail and AA Dyeing & Finishing, collectively, the "Borrowers" and each, individually, a "Borrower"), AMERICAN APPAREL, INC., a Delaware corporation ("Holdings"), FRESH AIR FREIGHT, INC., a California corporation ("Fresh Air" and, together with Holdings, collectively, the "Guarantors" and each, individually, a "Guarantor"), CAPITAL ONE BUSINESS CREDIT CORP. (f/k/a Capital One Leverage Finance Corp.), as administrative agent (in such capacity, the "Administrative Agent"), and each of the Lenders party hereto.

FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • March 31st, 2010 • National Consumer Cooperative Bank /Dc/ • Personal credit institutions • New York

This FIFTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Agreement”) is dated as of February 23, 2010 by and among National Consumer Cooperative Bank, D/B/A National Cooperative Bank (the “Borrower”), SunTrust Bank, as administrative agent (in such capacity, the “Administrative Agent”), and the Banks (as defined below) signatory hereto.

THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • June 18th, 2010 • Concho Resources Inc • Crude petroleum & natural gas • Texas

THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”) dated as of June 16, 2010, is by and among Concho Resources Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Amendment have the meanings assigned to such terms in the Credit Agreement (as defined below).

THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER dated as of April 19, 2017 among TITAN ENERGY OPERATING, LLC, as Borrower, TITAN ENERGY, LLC, as Parent, THE OTHER GUARANTORS PARTY HERETO, THE LENDERS PARTY HERETO, and...
Credit Agreement and Limited Waiver • April 21st, 2017 • Titan Energy, LLC • Drilling oil & gas wells • New York

This THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER (this “Third Amendment”), dated as of April 19, 2017, is among TITAN ENERGY OPERATING, LLC, a limited liability company formed under the laws of the State of Delaware (the “Borrower”), TITAN ENERGY, LLC, a limited liability company formed under the laws of the State of Delaware (the “Parent”), each of the other undersigned guarantors (such guarantors together with the Parent, the “Guarantors”, and the Guarantors together with the Borrower, the “Loan Parties”), each of the Lenders that is a signatory hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”).

FIFTH AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • August 15th, 2016 • Carbon Natural Gas Co • Crude petroleum & natural gas

This FIFTH AMENDMENT OF AMENDED AND RESTATED CREDIT Agreement AND LIMITED WAIVER (this “Instrument”) dated as of May 17, 2016, is by and between NYTIS EXPLORATION COMPANY LLC, a Delaware limited liability company ("Borrower"), and BOKF, NA, a national banking association, dba Bank of Oklahoma ("BOK").

FOURTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • May 17th, 2013 • American Standard Energy Corp. • Drilling oil & gas wells • New York

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into effective as of May 16, 2013, among American Standard Energy, Corp., a Nevada corporation (“Borrower”), the lenders party to the Credit Agreement (defined below) from time to time (the “Lenders”), and Macquarie Bank Limited, as administrative agent for such Lenders (in such capacity, the “Administrative Agent”; together with Borrower, and the other undersigned parties hereto, each a “Party” and, collectively, the “Parties”).

FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER
Credit Agreement and Limited Waiver • November 9th, 2023 • Purple Innovation, Inc. • Household furniture • New York

This FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER (this “Amendment”), dated as of November 6, 2023, is entered into among Purple Innovation, LLC, a Delaware limited liability company (the “Company” or “Borrower”), Purple Innovation, Inc., a Delaware corporation (“Holdings”), Intellibed, LLC, a Delaware limited liability company (“Intellibed”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of Montreal, as Administrative Agent (as hereinafter defined), Swingline Lender and Letter of Credit Issuer.

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