Credit Agreement and Other Loan Documents Sample Contracts

FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • March 25th, 2010 • Government Properties Income Trust • Real estate • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS dated as of March 23, 2010 (the “First Amendment”), is by and among GOVERNMENT PROPERTIES INCOME TRUST, a Maryland real estate investment trust (the “Principal Borrower”), GOVERNMENT PROPERTIES INCOME TRUST LLC, a Delaware limited liability company (collectively, with the Principal Borrower, the “Borrowers” and each a “Borrower”), the Lenders (as defined in the Credit Agreement) identified on the signature pages hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer (the “Administrative Agent”) and is an amendment to (i) that certain Credit Agreement dated as of April 24, 2009 (as the same may have been further amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) by and among the Borrowers, the Lenders and the Administrative Agent, and (ii) the other Loan Documents (as defined in the Credit Agreement).

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JOINDER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • November 19th, 2010 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts

G&E HC REIT II SYLVA MOB, LLC, a Delaware limited liability company (the “Additional Borrower”), with its principal executive offices at c/o Grubb & Ellis Equity Advisors, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705; and

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • June 30th, 2010 • Jones Apparel Group Inc • Women's, misses', and juniors outerwear • New York

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS, dated as of June 29, 2010 (this “Agreement”), among JONES APPAREL GROUP, INC. (the “Company”), JONES APPAREL GROUP HOLDINGS, INC., JONES APPAREL GROUP USA, INC., JAG FOOTWEAR, ACCESSORIES AND RETAIL CORPORATION, JONES INVESTMENT CO. INC., JONES JEANSWEAR GROUP, INC., NINE WEST DEVELOPMENT CORPORATION and JONES JEWELRY GROUP, INC., as the U.S. Borrowers (such capitalized term and all other capitalized terms used but not defined herein shall have the meanings provided for in Section 1.2), JONES APPAREL GROUP CANADA, LP, as the Canadian Borrower (together with the U.S. Borrowers, the “Borrowers”), the various Subsidiaries of the Company parties hereto, the Lenders parties hereto, JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as administrative agent for the Canadian Lenders (in such capacity, the “Canadian Administ

THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • March 30th, 2022 • Airspan Networks Holdings Inc. • Radio & tv broadcasting & communications equipment • New York

This THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS is dated as of March 29, 2022 (this “Agreement”), and entered into by and among AIRSPAN NETWORKS INC., a Delaware corporation, as borrower (in such capacity, the “Borrower”), Airspan Networks Holdings Inc. (f/k/a New Beginnings Acquisition Corp.), a Delaware corporation (“ANH”), as Holdings (in such capacity, “Holdings”), each undersigned Subsidiary of the Borrower party to the Credit Agreement (as defined below) as a Guarantor (Holdings, together with each such Subsidiary acting in such capacity, each, a “Guarantor”; and, together with the Borrower, collectively, the “Loan Parties” and, each, a “Loan Party”), the Lenders party hereto and DBFIP ANI LLC (“Fortress”), as Administrative Agent and Collateral Agent (Fortress, together with its successors and assigns in such capacities, the “Agent”), and acknowledged, agreed, and consented to by the Note Agent on the signature pages hereto.

SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • February 11th, 2014 • CNL Healthcare Properties, Inc. • Real estate investment trusts • Ohio

THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Agreement”) is entered into and effective for all purposes as of the 6th day of February 2014, by and among CHP PARTNERS, LP, a Delaware limited partnership (“CHP”), CNL HEALTHCARE PROPERTIES, INC., a Maryland corporation (“CNL HP”) (CHP and CNL HP are individually referred to herein as a “Borrower” and collectively as “Borrowers”), each lender from time to time party hereto (collectively, “Lenders” and individually, a “Lender”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent. Unless otherwise defined herein or unless the context indicates otherwise, any word herein beginning with a capitalized letter shall have the meaning ascribed to such word in that certain Credit Agreement (as amended, the “Credit Agreement”), dated as of August 19, 2013, by and among Borrowers, Agent and the Lenders.

FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • February 12th, 2009 • Dupont Fabros Technology, Inc. • Real estate • Virginia

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 10th day of February, 2009, by and among GRIZZLY VENTURES LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), TARANTULA VENTURES LLC, a Delaware limited liability company (“Additional Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).

JOINDER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • September 20th, 2010 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts

G&E HC REIT II ST. VINCENT CLEVELAND MOB, LLC, a Delaware limited liability company and G&E HC REIT II LIVINGSTON MOB, LLC, a Delaware limited liability company (collectively, the “Additional Borrower”), with its principal executive offices at c/o Grubb & Ellis Equity Advisors, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705; and

SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • February 11th, 2020 • New Senior Investment Group Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), dated as of February 10, 2020, by and among NEW SENIOR INVESTMENT GROUP INC., a Delaware corporation (“Borrower”), the undersigned parties to this Amendment executing as “Guarantors” (hereinafter referred to individually as “Guarantor” and collectively as “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), BMO HARRIS BANK N.A. (“BMO”), CAPITAL ONE, NATIONAL ASSOCIATION (“Capital One”), CADENCE BANK, N.A. (“Cadence”), DEUTSCHE BANK AG, NEW YORK BRANCH (“DB”), ROYAL BANK OF CANADA (“RBC”; KeyBank, BMO, Capital One, Cadence, DB and RBC collectively, the “Lenders”), and KeyBank as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”).

THIRD AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • November 4th, 2004 • Wynn Resorts LTD • Services-miscellaneous amusement & recreation • New York

THIS THIRD AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Third Amendment”), dated as of July 14, 2004 and effective as of the Effective Date (as hereinafter defined), is made and entered into among WYNN LAS VEGAS, LLC, a Nevada limited liability company (the “Borrower”), the Wynn Amendment Parties (as hereinafter defined) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (in such capacity, the “Administrative Agent”) on behalf of the Lenders (as hereinafter defined).

JOINDER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • February 3rd, 2011 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts

G&E HC REIT II ENNIS MOB, LLC, a Delaware limited liability company (the “Additional Borrower”), with its principal executive offices at c/o Grubb & Ellis Equity Advisors, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705; and

SIXTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • December 12th, 2014 • Alico Inc • Agricultural production-crops

This Sixth Amendment to Credit Agreement and other Loan Documents ("Amendment") is entered into and is dated and made effective as of July 1, 2014 between ALICO, INC., a Florida corporation; ALICO-AGRI, LTD., a Florida limited partnership; ALICO PLANT WORLD, L.L.C., a Florida limited liability company; ALICO FRUIT COMPANY, LLC (f/k/a Bowen Brothers Fruit, LLC, a Florida limited liability company); ALICO LAND DEVELOPMENT INC., a Florida corporation; and ALICO CITRUS NURSERY, LLC, a Florida limited liability company (individually and collectively, the “Borrower”) and RABO AGRIFINANCE, INC., a Delaware corporation (the “Lender"). The Borrower and the Lender agree as follows:

TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • September 29th, 2015 • Steadfast Apartment REIT, Inc. • Real estate investment trusts • Virginia

THIS SECOND JOINDER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Agreement”) is made as of this 23rd day of September, 2015, by and among the PNC BANK, NATIONAL ASSOCIATION, a national banking association, its successors and assigns (“Lender”), STAR DELANO, LLC, a Delaware limited liability company (“STAR Delano”), STAR MEADOWS, LLC, a Delaware limited liability company (“STAR Meadows”), and STAR CUMBERLAND, LLC, a Delaware limited liability company (“STAR Cumberland”) (together, STAR Delano, STAR Meadows, and STAR Cumberland shall sometimes hereinafter be referred to individually and collectively as “Existing Borrower”) and STAR MONTICELLO, LLC, a Delaware limited liability company (“New Borrower”), and is acknowledged and agreed to by STEADFAST APARTMENT REIT, INC., a Maryland corporation, as “Guarantor.”

FIRST AMENDMENT TO credit agreement AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • November 13th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 25th day of October, 2012, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (“REIT”), the parties executing below as Subsidiary Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).

EX-10.1 2 d537193dex101.htm EX-10.1 EXECUTION VERSION THIRD AMENDMENT, CONSENT AND LIMITED WAIVER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS THIRD AMENDMENT, CONSENT AND LIMITED WAIVER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”)...
Credit Agreement and Other Loan Documents • May 5th, 2020 • New York

WHEREAS, the Borrower and the other Loan Parties have entered into that certain Credit Agreement dated as of August 2, 2017, among the Borrower, the Guarantors, the Lenders and the Agent (as amended by that Limited Waiver and Amendment No. 1 dated as of October 27, 2017 and that Second Amendment, Consent and Limited Waiver to Credit Agreement dated as of November 24, 2017 and as the same has been further amended, restated, amended and restated, supplemented or otherwise modified from time to time including by this Amendment, the “Agreement”);

FOURTH AMENDMENT TO Credit agreement AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • November 9th, 2018 • GTJ REIT, Inc. • Real estate investment trusts

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), is made as of July 31, 2018, by and among GTJ REALTY, LP, a Delaware limited partnership (“Borrower”), GTJ REIT, INC., a Maryland corporation (“REIT”), GTJ GP, LLC, a Maryland limited liability company (“GP”), WU/LH 466 BRIDGEPORT L.L.C., a Delaware limited liability company (“Bridgeport”), GWL 20 EAST HALSEY, LLC, a Delaware limited liability company (“Halsey”; REIT, GP, Bridgeport and Halsey are hereinafter referred to individually and collectively as “Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), the other lending institutions from time to time a party to the Credit Agreement described below (together with KeyBank, the “Lenders”) and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Agent for the Lenders (the “Agent”).

FIFTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • December 12th, 2014 • Alico Inc • Agricultural production-crops

This FIFTH Amendment to Credit Agreement and other Loan Documents (“Amendment”) is entered into and is dated and made effective as of April 28, 2014 between ALlCO, INC., a Florida corporation; ALICO-AGRI, LTD., a Florida limited partnership; ALlCO PLANT WORLD, L.L.C., a Florida limited liability company; ALICO FRUIT COMPANY, LLC (f/k/a Bowen Brothers Fruit, LLC, a Florida limited liability company); ALICO LAND DEVELOPMENT, INC., a Florida corporation; and ALICO CITRUS NURSERY, LLC, a Florida limited liability company (individually and collectively, the “Borrower”) and RABO AGRIFINANCE, INC., a Delaware corporation (the “Lender”). The Borrower and the Lender agree as follows:

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • July 9th, 2019 • Gladstone Commercial Corp • Lessors of real property, nec

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), dated as of July 2, 2019, by and among GLADSTONE COMMERCIAL LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), GLADSTONE COMMERCIAL CORPORATION, a Maryland corporation (“Parent”), the other “Guarantors” a party hereto (together with Parent, collectively, the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), individually and as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and THE OTHER “LENDERS” WHICH ARE SIGNATORIES HERETO (KeyBank and such Lenders hereinafter referred to collectively as the “Lenders”).

SEVENTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • April 14th, 2016 • Dupont Fabros Technology, Inc. • Real estate

THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 8th day of April, 2016, by and among DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Borrower”), DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (“REIT”), the parties executing below as Subsidiary Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).

1 Exhibit 4(b) FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • September 28th, 2000 • MPW Industrial Services Group Inc • Services-to dwellings & other buildings • Ohio
FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • May 27th, 2016 • MedEquities Realty Trust, Inc. • Real estate investment trusts

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), dated as of May 17, 2016, by and among MEDEQUITIES REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Borrower”), EACH OF THE ENTITIES IDENTIFIED AS “GUARANTORS” ON THE SIGNATURE PAGES OF THIS AMENDMENT (collectively, the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), individually and as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and EACH OF THE OTHER “LENDERS” WHICH ARE SIGNATORIES HERETO (together with KeyBank in its capacity as a Lender, hereinafter referred to collectively as the “Lenders”).

FOURTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • March 11th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (the “Amendment”), dated to be effective as of December 21, 2012 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).

JOINDER TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • September 20th, 2011 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts

G&E HC REIT II ST. ANTHONY NORTH DENVER MOB, LLC, a Delaware limited liability company (the "Additional Borrower”), with its principal executive offices at c/o Grubb & Ellis Equity Advisors, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705; and

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SECOND AMENDMENT TO Credit agreement AND OTHER LOAN DOCUMENTS
Credit Agreement and Other Loan Documents • November 9th, 2017 • GTJ REIT, Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), is made as of July 27, 2017, by and among GTJ REALTY, LP, a Delaware limited partnership (“Borrower”), GTJ REIT, INC., a Maryland corporation (“REIT”), GTJ GP, LLC, a Maryland limited liability company (“GP”), GWL 606 COZINE LLC, a Delaware limited liability company (“606 Cozine”), GWL 300 MCINTIRE LLC, a Delaware limited liability company (“300 McIntire”; REIT, GP, 606 Cozine and 300 McIntire are hereinafter referred to individually and collectively as “Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), the other lending institutions from time to time a party to the Credit Agreement described below (together with KeyBank, the “Lenders”) and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Agent for the Lenders (the “Agent”).

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