Facility Guaranty Sample Contracts

FACILITY GUARANTY
Facility Guaranty • May 16th, 2017 • Altice USA, Inc. • Cable & other pay television services • New York

FACILITY GUARANTY (this “Guaranty”), dated as of December 21, 2015, by each of the Affiliates of the Borrower listed on the signature pages hereto (each such Person, individually, a “Guarantor” and, collectively, the “Guarantors”) in favor of (a) JPMorgan Chase Bank, N.A., as administrative agent (together with any successor and assign, the “Administrative Agent”) for its own benefit and the benefit of the other Secured Parties, (b) the Secured Parties and (c) the Security Agent (on behalf of and for the benefit of the Administrative Agent and the other Secured Parties, but solely in its role as representative of the Secured Parties in holding and enforcing the Collateral and the Security Documents).

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WITNESSETH:
Facility Guaranty • March 24th, 2003 • Encore Acquisition Co • Crude petroleum & natural gas • Texas
FACILITY GUARANTY
Facility Guaranty • April 29th, 2020 • Five Below, Inc • Retail-variety stores • New York

WHEREAS, reference is made to that certain Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), by and among (i) FIVE BELOW, INC., a Pennsylvania corporation (the “Borrower”), (ii) the other Borrowers party thereto, (iii) the Guarantors party thereto, (iv) the Agent, (v) the Lenders, and (vi) the other parties from time to time party thereto. All capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.

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