Weight Watchers International, Inc. Commitment LetterExisting Credit Agreement • December 21st, 2006 • Weight Watchers International Inc • Services-personal services
Reference is made to the Sixth Amended and Restated Credit Agreement dated as of May 8, 2006, as amended (the “Existing Credit Agreement”) among Weight Watchers International, Inc., a Virginia corporation (the “Borrower” or “you”), the lenders party thereto and The Bank of Nova Scotia, as administrative agent. Terms used but not defined in this commitment letter (including the Exhibits and the other attachments hereto, this “Commitment Letter”) shall have the meanings assigned thereto in the Existing Credit Agreement.
any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in...Existing Credit Agreement • August 3rd, 2023 • Prestige Consumer Healthcare Inc. • Pharmaceutical preparations
LUGARD ROAD CAPITAL MASTER FUND, LPExisting Credit Agreement • December 12th, 2018 • Waitr Holdings Inc. • Services-business services, nec
You have advised Luxor, on behalf of Lugard Road Capital Master Fund, LP, and of one or more of its funds and/or affiliates (collectively, “Lugard”, “we” or “us”), that Waitr Holdings intends to acquire (the “Acquisition”) BiteSquad.com LLC, a Minnesota limited liability company (the “Target”), pursuant to the Agreement and Plan of Merger, dated as of December 11, 2018 (the “Merger Agreement”), by and among the Target, Waitr Holdings, and Wingtip Merger Sub, Inc., a Delaware corporation and a wholly-owned direct subsidiary of Waitr Intermediate (“MergerSub”). On the terms and subject to the conditions of the Merger Agreement, upon the closing of the transactions contemplated thereby, the Target will be merged with and into MergerSub (the “Merger”), with the Target surviving the merger as a wholly-owned direct subsidiary of Waitr Intermediate.
ContractExisting Credit Agreement • August 15th, 2024 • Vishay Intertechnology Inc • Electronic components & accessories
FIRST AMENDMENT dated as of August 15, 2024 (this “Amendment”), to the Credit Agreement dated as of June 5, 2019, as amended and restated as of May 8, 2023 (the “Existing Credit Agreement”), among VISHAY INTERTECHNOLOGY, INC., (the “Borrower”), the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
SIXTH AMENDMENTExisting Credit Agreement • February 20th, 2020 • Orion Engineered Carbons S.A. • Miscellaneous chemical products • New York
THIS SIXTH AMENDMENT, dated as of May 3, 2018 (this “Amendment”), to the Existing Credit Agreement (as defined below), by and among Orion Engineered Carbons GmbH, a limited liability company (Gesellschaft mit beschränkter Haftung) organized under the laws of Germany (the “Borrower Representative”), the other Loan Parties party hereto, the New Term Lenders (as defined below), Goldman Sachs Bank USA, in its capacity as administrative agent for the Lenders (together with its successors and assigns in such capacity, the “Administrative Agent”), and Goldman Sachs Bank USA, Citizens Bank N.A., Mediobanca International (Luxembourg) S.A. and ING Bank, a branch of ING-DiBa AG. as arrangers with respect to this Amendment (in such capacities, the “Amendment Arrangers”).
AMENDMENT NO. 3Existing Credit Agreement • July 6th, 2021 • TGPX Holdings I LLC • Household appliances • New York
THIS AMENDMENT NO. 3, dated as of March 2, 2020 (this “Amendment”), is entered into by and among TGP Holdings III LLC, a Delaware limited liability company (the “Lead Borrower”), Traeger Pellet Grills Holdings LLC, a Delaware limited liability company (together with the Lead Borrower, the “Borrowers”, and each a “Borrower”), TGPX Holdings II LLC, a Delaware limited liability company (“Holdings”), the Subsidiary Guarantors (as defined in the Existing Credit Agreement referred to below) party hereto, the Additional Revolving Credit Lender (as defined below) party hereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent (in such capacity, the “Administrative Agent”).
NINTH AMENDMENTExisting Credit Agreement • October 5th, 2021 • Orion Engineered Carbons S.A. • Miscellaneous chemical products • New York
THIS NINTH AMENDMENT, dated as of September 30, 2021 (this “Amendment”), to the Existing Credit Agreement (as defined below), by and among Orion Engineered Carbons GmbH, a limited liability company (Gesellschaft mit beschränkter Haftung) organized under the laws of Germany (the “Borrower Representative”), the other Loan Parties party hereto, the New Term Lenders (as defined below), Goldman Sachs Bank USA, in its capacity as administrative agent for the Lenders (together with its successors and assigns in such capacity, the “Administrative Agent”), Goldman Sachs Bank USA as sole book runner and Deutsche Bank Securities Inc., ING Bank, a branch of ING-DiBa AG and UniCredit Bank AG in their capacities as exclusive mandated lead arrangers (in such capacities, the “Amendment Arrangers”).
ContractExisting Credit Agreement • July 19th, 2023 • Red Robin Gourmet Burgers Inc • Retail-eating places
AMENDMENT NO. 1 (this “Amendment”), dated as of July 17, 2023, to the Credit Agreement, dated as of March 4, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the Amendment No. 1 Effective Date (as defined below), the “Existing Credit Agreement”), among RED ROBIN INTERNATIONAL, INC. (the “Borrower”), RED ROBIN GOURMET BURGERS, INC. (“Holdings”), the LENDERS and the ISSUING BANKS from time to time party thereto, FORTRESS CREDIT CORP., as Administrative Agent and Collateral Agent and JPMORGAN CHASE BANK, N.A., as Sole Lead Arranger and Sole Bookrunner.
November 6, 2019 NV5 Global, Inc.Existing Credit Agreement • November 7th, 2019 • NV5 Global, Inc. • Services-miscellaneous business services
ContractExisting Credit Agreement • March 19th, 2021 • Centene Corp • Hospital & medical service plans • New York
AMENDMENT NO. 2, WAIVER AND CONSENT, dated as of March 18, 2021 (this “Amendment & Waiver”), to the Credit Agreement dated as of March 24, 2016, as amended and restated as of December 14, 2017, as further amended and restated as of May 7, 2019, as further amended and restated as of September 11, 2019 and as amended by Amendment No. 1 dated as of November 14, 2019 (the “Existing Credit Agreement”), among CENTENE CORPORATION, a Delaware corporation (the “Company”), the LENDERS party thereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”).
ContractExisting Credit Agreement • May 9th, 2023 • Duke Energy Florida, Llc. • Electric services • New York
AMENDMENT NO. 1 and Consent, dated as of March 17, 2023 (this “Agreement”), among DUKE ENERGY CORPORATION (the “Company”), DUKE ENERGY CAROLINAS, LLC (“Duke Energy Carolinas”), DUKE ENERGY OHIO, INC. (“Duke Energy Ohio”), DUKE ENERGY INDIANA, LLC (“Duke Energy Indiana”), DUKE ENERGY KENTUCKY, INC. (“Duke Energy Kentucky”), DUKE ENERGY PROGRESS, LLC (f/k/a PROGRESS ENERGY CAROLINAS, INC.) (“Duke Energy Progress”), DUKE ENERGY FLORIDA, LLC (f/k/a PROGRESS ENERGY FLORIDA, INC.) (“Duke Energy Florida”) and PIEDMONT NATURAL GAS COMPANY, INC. (“Piedmont”), the LENDERS party hereto (the “Lenders”), the ISSUING LENDERS party hereto (the “Issuing Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Swingline Lender.
Project Odyssey Commitment LetterExisting Credit Agreement • March 11th, 2021 • Hilton Grand Vacations Inc. • Hotels, rooming houses, camps & other lodging places • Delaware
All capitalized terms used herein but not defined herein shall have the meanings provided in the letter agreement to which this Exhibit D is attached or in the other Exhibits to such letter agreement, as applicable.
AMENDMENT NO. 4Existing Credit Agreement • July 6th, 2021 • TGPX Holdings I LLC • Household appliances • New York
THIS AMENDMENT NO. 4, dated as of March 20, 2020 (this “Amendment”), is entered into by and among TGP Holdings III LLC, a Delaware limited liability company (the “Lead Borrower”), Traeger Pellet Grills Holdings LLC, a Delaware limited liability company (together with the Lead Borrower, the “Borrowers”, and each a “Borrower”), TGPX Holdings II LLC, a Delaware limited liability company (“Holdings”), the Subsidiary Guarantors (as defined in the Existing Credit Agreement referred to below) party hereto, the Additional Revolving Credit Lender (as defined below) party hereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 2Existing Credit Agreement • April 28th, 2011 • Nielsen Holdings N.V. • Services-business services, nec • New York
AMENDMENT NO. 2 dated as of March 23, 2011 (this “Amendment”) relating to that certain Credit Agreement dated as of August 9, 2006 and as amended and restated as of June 23, 2009 and amended by Amendment No. 1 dated as of August 13, 2010 (the “Existing Credit Agreement” and, as amended hereby, the “Amended Credit Agreement”) among NIELSEN FINANCE LLC, a Delaware limited liability company (together with its successors and assigns, “Nielsen”), TNC (US) HOLDINGS INC., a New York corporation (together with its successors and assigns, “TNC Inc.” and, together with Nielsen, the “U.S. Borrowers”), NIELSEN HOLDING AND FINANCE B.V., a private company organized under the laws of The Netherlands, having its corporate seat in Diemen, The Netherlands (together with its successors and assigns, the “Dutch Borrower” and, together with the U.S. Borrowers, the “Borrowers”), the Guarantors party thereto from time to time, CITIBANK, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, ABN
ContractExisting Credit Agreement • March 17th, 2020 • Piedmont Natural Gas Co Inc • Natural gas distribution • New York
AMENDMENT NO. 5 and Consent, dated as of March 16, 2020 (this “Agreement”), among DUKE ENERGY CORPORATION (the “Company”), DUKE ENERGY CAROLINAS, LLC (“Duke Energy Carolinas”), DUKE ENERGY OHIO, INC. (“Duke Energy Ohio”), DUKE ENERGY INDIANA, LLC (“Duke Energy Indiana”), DUKE ENERGY KENTUCKY, INC. (“Duke Energy Kentucky”), DUKE ENERGY PROGRESS, LLC (f/k/a PROGRESS ENERGY CAROLINAS, INC.) (“Duke Energy Progress”), DUKE ENERGY FLORIDA, LLC (f/k/a PROGRESS ENERGY FLORIDA, INC.) (“Duke Energy Florida”) and PIEDMONT NATURAL GAS COMPANY, INC. (“Piedmont”), the LENDERS party hereto (the “Lenders”), the ISSUING LENDERS party hereto (the “Issuing Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Swingline Lender.
AMENDMENT NO. 3Existing Credit Agreement • March 7th, 2019 • Ingevity Corp • Chemicals & allied products • New York
AMENDMENT NO. 3, dated as of March 7, 2019 (this “Amendment”), among INGEVITY CORPORATION, a Delaware corporation (the “U.S. Borrower”), Ingevity Holdings SPRL (formerly known as MEADWESTVACO EUROPE SPRL), a Belgian private limited liability company (société privée à responsabilité limitée/besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of Belgium, with its registered office at Avenue des Olympiades 2, B-1140 Brussels and registered with the Belgian Crossroads Bank for Enterprises under number 0402.720.145, RPR/RPM Brussels (French speaking division) (the “Belgian Borrower” and together with the U.S. Borrower, the “Borrowers”), the other Loan Parties, the Lenders party hereto and WELLS FARGO BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), to the Credit Agreement dated as of March 7, 2016 (as amended, supplemented or otherwise modified prior to the date hereof, including pursuant to the Incremental Fac
AMENDMENT NO. 5Existing Credit Agreement • July 6th, 2021 • TGPX Holdings I LLC • Household appliances • New York
THIS AMENDMENT NO. 5, dated as of March 23, 2020 (this “Amendment”), is entered into by and among TGP Holdings III LLC, a Delaware limited liability company (the “Lead Borrower”), Traeger Pellet Grills Holdings LLC, a Delaware limited liability company (together with the Lead Borrower, the “Borrowers” and, each, a “Borrower”), TGPX Holdings II LLC, a Delaware limited liability company (“Holdings”), the Subsidiary Guarantors (as defined in the Existing Credit Agreement referred to below) party hereto, each Additional Revolving Credit Lender (as defined below) party hereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1Existing Credit Agreement • September 10th, 2021 • Traeger, Inc. • Household appliances • New York
THIS AMENDMENT NO. 1, dated as of August 18, 2021 (this “Amendment”), is entered into by and among TGP Holdings III LLC, a Delaware limited liability company (the “Lead Borrower”), Traeger Pellet Grills Holdings LLC, a Delaware limited liability company (the “Revolving Loan Co-Borrower” and, together with the Lead Borrower, the “Borrowers”, and each a “Borrower”), TGPX Holdings II LLC, a Delaware limited liability company (“Holdings”), the Subsidiary Guarantors party hereto, the Lenders party hereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1Existing Credit Agreement • August 16th, 2010 • Nielsen CO B.V. • Services-business services, nec • New York
AMENDMENT NO. 1 dated as of August 13, 2010 (this “Amendment”) relating to that certain Credit Agreement dated as of August 9, 2006 and as amended and restated as of June 23, 2009 (the “Existing Credit Agreement” and, as amended hereby, the “Amended Credit Agreement”) among NIELSEN FINANCE LLC, a Delaware limited liability company (together with its successors and assigns, “Nielsen”), TNC (US) HOLDINGS INC., a New York corporation (together with its successors and assigns, “TNC Inc.” and, together with Nielsen, the “U.S. Borrowers”), NIELSEN HOLDING AND FINANCE B.V., a private company organized under the laws of The Netherlands, having its corporate seat in Diemen, The Netherlands (together with its successors and assigns, the “Dutch Borrower” and, together with the U.S. Borrowers, the “Borrowers”), the Guarantors party thereto from time to time, CITIBANK, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, ABN AMRO Bank N.V., as a Swing Line Lender, each lender from
ContractExisting Credit Agreement • November 6th, 2024 • Red Robin Gourmet Burgers Inc • Retail-eating places
AMENDMENT NO. 3 (this “Amendment”), dated as of November 4, 2024, to the Credit Agreement, dated as of March 4, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the Amendment No. 3 Effective Date (as defined below), the “Existing Credit Agreement”), by and among RED ROBIN INTERNATIONAL, INC. (the “Borrower”), RED ROBIN GOURMET BURGERS, INC. (“Holdings”), the LENDERS and the ISSUING BANKS from time to time party thereto, FORTRESS CREDIT CORP., as Administrative Agent and Collateral Agent and JPMORGAN CHASE BANK, N.A., as Sole Lead Arranger and Sole Bookrunner.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 3, 2016 among SUBURBAN PROPANE, L.P., as the Borrower, SUBURBAN PROPANE PARTNERS, L.P., as the Parent, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer,...Existing Credit Agreement • March 3rd, 2016 • Suburban Propane Partners Lp • Retail-miscellaneous retail • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of March 3, 2016, among SUBURBAN PROPANE, L.P., a Delaware limited partnership (the “Borrower”), SUBURBAN PROPANE PARTNERS, L.P., a Delaware limited partnership (the “Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.
AMENDMENT NO. 1, dated as of December 8, 2017 (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...Existing Credit Agreement • December 13th, 2017 • Harsco Corp • Fabricated structural metal products • New York
THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of November 2, 2016 (as amended pursuant to Amendment No. 1, dated as of December 8, 2017), among HARSCO CORPORATION, a Delaware corporation (the “Company”), the APPROVED BORROWERS from time to time parties to this Agreement, the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), CITIBANK, N.A., Royal Bank of Canada and PNC Bank, National Association, as Issuing Lenders, CITIBANK, N.A., as Administrative Agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) for the Lenders.
ContractExisting Credit Agreement • March 31st, 2022 • Revlon Consumer Products Corp • Perfumes, cosmetics & other toilet preparations • New York
AMENDMENT NO. 9 to the Existing Credit Agreement (as defined below), dated as of March 31, 2022 (this “Amendment”), among REVLON CONSUMER PRODUCTS CORPORATION, a Delaware corporation (the “Borrower”), REVLON, INC., a Delaware corporation (“Holdings”), the other Loan Parties, the SISO Term Lenders party hereto, the Revolving Lenders party hereto, and MIDCAP FUNDING IV TRUST, as Primary Administrative Agent (in such capacity, the “Administrative Agent”) and Collateral Agent (in such capacity, the “Collateral Agent”, and together with the Administrative Agent, “MidCap” or the “Agent”).
ContractExisting Credit Agreement • August 22nd, 2024 • Red Robin Gourmet Burgers Inc • Retail-eating places
AMENDMENT NO. 2 (this “Amendment”), dated as of August 21, 2024, to the Credit Agreement, dated as of March 4, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the Amendment No. 2 Effective Date (as defined below), the “Existing Credit Agreement”), by and among RED ROBIN INTERNATIONAL, INC. (the “Borrower”), RED ROBIN GOURMET BURGERS, INC. (“Holdings”), the LENDERS and the ISSUING BANKS from time to time party thereto, FORTRESS CREDIT CORP., as Administrative Agent and Collateral Agent and JPMORGAN CHASE BANK, N.A., as Sole Lead Arranger and Sole Bookrunner.
