Fifth Amended and Restated Credit Agreement Sample Contracts

AMENDMENT NO. 9 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • February 6th, 2024 • Gladstone Investment Corporation\de • New York
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Fifth Amended and Restated Credit Agreement • April 16th, 2004 • Timco Aviation Services Inc • Airports, flying fields & airport terminal services • New York
Execution Version FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • May 5th, 2020 • New York

THIS FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (herein called this “Fifth Amendment”), dated as of August 25, 2016 (the “Effective Date”), is entered into by and among W&T OFFSHORE, INC., a Texas corporation, as the borrower (the “Borrower”), the various financial institutions parties hereto, as Lenders, TORONTO DOMINION (TEXAS) LLC, individually and as agent (in such capacity together with any successors thereto, the “Administrative Agent”) for the Lenders, and the issuers of letters of credit parties hereto, as issuers (collectively, the “Issuers”).

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Fifth Amended and Restated Credit Agreement • May 2nd, 2022 • Cousins Properties Inc • Real estate investment trusts • New York

Published CUSIP Numbers:Deal: 22279UAE1Revolver: 22279UAF8FIFTH AMENDED AND RESTATED CREDIT AGREEMENTdated as of May 2, 2022,amongCOUSINS PROPERTIES LP,as the Borrower,COUSINS PROPERTIES INCORPORATED,as the Parent and a Guarantor,CERTAIN CONSOLIDATED ENTITIES OF THE PARENT FROM TIME TO TIMEDESIGNATED BY THE PARENT AS CO-BORROWERS HEREUNDER,collectively, with the Borrower, as the Borrower Parties,CERTAIN CONSOLIDATED ENTITIES OF THE PARENT FROM TIME TO TIMEDESIGNATED BY THE PARENT AS GUARANTORS HEREUNDER,as Guarantors,JPMORGAN CHASE BANK, N.A.,as Syndication Agent and an L/C Issuer,BANK OF AMERICA, N.A.,as Administrative Agent and an L/C Issuer,TRUIST BANK,as an L/C Issuer, TRUIST BANK, PNC BANK, NATIONAL ASSOCIATION, MORGAN STANLEY SENIOR FUNDING, INC., U.S. BANK NATIONAL ASSOCIATION, WELLS FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, NATIONAL ASSOCIATION as Documentation Agents, andTHE OTHER LENDERS PARTY HERETOBOFA SECURITIES, INC.andJ.P. MORGAN SECURITIES LLC,as Co-Sustainability

THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • March 21st, 2016 • USA Compression Partners, LP • Natural gas transmission

THIS THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of March 18, 2016 (the “Third Amendment Closing Date”) among USA COMPRESSION PARTNERS, LP, a Delaware limited partnership (“Holdings”), USA COMPRESSION PARTNERS, LLC, a Delaware limited liability company (“USA Compression Partners”), USAC LEASING, LLC, a Delaware limited liability company (“USAC Leasing”), USAC OPCO 2, LLC, a Texas limited liability company (“USAC OpCo 2”) and USAC LEASING 2, LLC, a Texas limited liability company (“USAC Leasing 2” and together with USA Compression Partners, USAC Leasing and USAC OpCo 2, jointly and severally, the “Borrower”); and JPMORGAN CHASE BANK, N.A., a national banking association, for itself, as an LC Issuer and Lender, and as agent for Lenders (in such capacity, the “Agent”) and the other Lenders signatory hereto.

FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 23, 2002 among HOLLINGER INTERNATIONAL PUBLISHING INC., TELEGRAPH GROUP LIMITED, AND FIRST DT HOLDINGS LIMITED, as Borrowers, WACHOVIA BANK, N.A., as Administrative Agent, Issuing Bank...
Fifth Amended and Restated Credit Agreement • March 31st, 2003 • Hollinger International Inc • Newspapers: publishing or publishing & printing • New York

This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 23, 2002 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into among HOLLINGER INTERNATIONAL PUBLISHING INC., a Delaware corporation (the “Company”), TELEGRAPH GROUP LIMITED, a limited liability company incorporated under the laws of England and Wales (“Telegraph”), FIRST DT HOLDINGS LIMITED, a limited liability company incorporated under the laws of England and Wales (“FDTH”), the undersigned financial institutions and other Persons, together with their respective successors and assigns (collectively the “Lenders” and each a “Lender”), WACHOVIA BANK, N.A. (“Wachovia Bank”), as administrative agent, issuing bank and security trustee for the Lenders, and WACHOVIA SECURITIES, INC. (“Wachovia Securities”), as sole lead arranger and book runner (in such capacity, the “Sole Lead Arranger”), TORONTO DOMINION (TEXAS), INC., as Syndication Agent, and GENERAL ELECTRIC CAPITAL C

Vicki von Krause Syndicated & Leveraged Finance Telephone: 312-732-2036
Fifth Amended and Restated Credit Agreement • May 5th, 2006 • Denbury Resources Inc • Crude petroleum & natural gas • Illinois

JPMorgan Chase Bank, N.A., as Administrative Agent, proposes a $300,000,000 Borrowing Base, effective as of March 29, 2006 and continuing until the next Borrowing Base Determination. The Total Commitment will remain at $150,000,000.

FOURTH AMENDMENT AND CONSENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF SEPTEMBER 28, 2012 AMONG LINN ENERGY, LLC, AS BORROWER, THE GUARANTORS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, ROYAL BANK OF CANADA, AS...
Fifth Amended and Restated Credit Agreement • October 10th, 2012 • LinnCo LLC • Crude petroleum & natural gas • Texas

THIS FOURTH AMENDMENT AND CONSENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Fourth Amendment”) dated as of September 28, 2012, among LINN ENERGY, LLC, a Delaware limited liability company, (the “Borrower”); the Guarantors signatory hereto, each of the Lenders party to the Credit Agreement referred to below; and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

AMENDMENT NO. 3 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • May 12th, 2017 • Gladstone Investment Corporation\de • New York

THIS AMENDMENT NO. 3 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of January 20, 2017, is entered into among GLADSTONE BUSINESS INVESTMENT, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), ALOSTAR BANK OF COMMERCE (“Alostar”), MANUFACTURERS AND TRADERS TRUST (“MT&T”), EAST WEST BANK (“East West Bank”), CHEMICAL BANK (“Chemical Bank”) and CUSTOMERS BANK (“Customers”) as Lenders (collectively, the “Lenders”) and as Managing Agents (in such capacity, collectively the “Managing Agents”) and KeyBank, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

SECOND AMENDMENT AND CONSENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 17, 2022 among GENESIS ENERGY, L.P., as the Borrower, The Lenders Party Hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Issuing...
Fifth Amended and Restated Credit Agreement • August 2nd, 2022 • Genesis Energy Lp • Pipe lines (no natural gas) • New York

THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 8, 2021, is by and among GENESIS ENERGY, L.P., a Delaware limited partnership (the “Borrower”), the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and Issuing Bank (as defined below).

LIMITED CONSENT AND ELEVENTH AMENDMENT to FIFTH AMENDED AND RESTATED CREDIT AGREEMENT among VITAL ENERGY, INC., as Borrower, WELLS FARGO BANK, N.A., as Administrative Agent, the Guarantors Signatory Hereto, and the Banks Signatory Hereto LIMITED...
Fifth Amended and Restated Credit Agreement • September 13th, 2023 • Vital Energy, Inc. • Crude petroleum & natural gas • New York

THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT is entered into effective as of May 2, 2017, among Vital Energy, Inc., a Delaware corporation (“Borrower”), Wells Fargo Bank, N.A., a national banking association, as administrative agent for the Banks (in such capacity, together with its successors in such capacity, “Administrative Agent”), Bank of America, N.A., BMO Harris Financing, Inc. and Capital One, National Association, as Co-Syndication Agents and Societe Generale and The Bank of Nova Scotia, as Co-Documentation Agents, and each of the Banks (as defined below) from time to time party hereto.

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • August 6th, 2020 • Superior Energy Services Inc • Oil & gas field services, nec • New York

THIS FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of August 5, 2020 by SESI, L.L.C., a limited liability company duly formed and existing under the laws of the State of Delaware (the “Borrower”), Superior Energy Services, Inc., a corporation duly formed and existing under the laws of the State of Delaware (the “Parent”), each of the undersigned Guarantors (together with the Borrower and Parent, the “Loan Parties”), each of the undersigned Lenders, each Issuing Lender and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders.

FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF FEBRUARY 20, 2013 AMONG LINN ENERGY, LLC, AS BORROWER, THE GUARANTORS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, ROYAL BANK OF CANADA, AS SYNDICATION...
Fifth Amended and Restated Credit Agreement • February 21st, 2013 • Linn Energy, LLC • Crude petroleum & natural gas • Texas

THIS FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Fifth Amendment”) dated as of February 20, 2013, among LINN ENERGY, LLC, a Delaware limited liability company, (the “Borrower”); the Guarantors signatory hereto, each of the Lenders party to the Credit Agreement referred to below; and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

FIFTH AMENDED AND RESTATED CREDIT AGREEMENT among STONE ENERGY CORPORATION as Borrower, THE FINANCIAL INSTITUTIONS NAMED IN THIS CREDIT AGREEMENT as Banks, BANK OF AMERICA, N.A. as Administrative Agent and Issuing Bank, WELLS FARGO BANK, NATIONAL...
Fifth Amended and Restated Credit Agreement • March 1st, 2017 • Stone Energy Corp • Crude petroleum & natural gas • New York

This Fifth Amended and Restated Credit Agreement dated as of February 28, 2017, is among Stone Energy Corporation, a Delaware corporation, the Banks (as defined below), and Bank of America, N.A., as administrative agent for the Banks and as Issuing Bank.

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • June 17th, 2008 • Wilsons the Leather Experts Inc • Retail-family clothing stores • Illinois

This FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of this 25th day of February, 2008 among WILSONS LEATHER HOLDINGS INC., a Minnesota corporation (“Borrower”), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, as Lender, Term Lender, Swing Line Lender and as Agent (“Agent”), the Credit Parties signatory hereto and the Lenders signatory hereto. Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them by the Credit Agreement (as hereinafter defined).

FIRST AMENDMENT
Fifth Amended and Restated Credit Agreement • May 16th, 2011 • Brigham Exploration Co • Crude petroleum & natural gas • New York

This FIRST AMENDMENT (“Amendment”) dated as of May 16, 2011 (the “Effective Date”) is by and among Brigham Oil & Gas, L.P., a Delaware limited partnership (the “Borrower”), Brigham Exploration Company, a Delaware corporation (“Brigham Exploration”), Brigham Inc., a Nevada corporation (the “General Partner”, together with Brigham Exploration, each a “Guarantor” and collectively the “Guarantors”, and together with Brigham Exploration and the Borrower, each a “Credit Party” and collectively the “Credit Parties”), the Lenders party hereto, and Bank of America, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

CONSENT
Fifth Amended and Restated Credit Agreement • February 26th, 2010 • Firstservice Corp • Real estate • Ontario

Reference is made to the Fifth Amended and Restated Credit Agreement dated as of September 6, 2007 by and among, amongst others, FirstService Corporation, as Canadian Borrower, FirstService (USA), Inc. and FirstService Delaware, LP, as U.S. Borrowers (together with the Canadian Borrower, the “Borrowers”), the Wholly-Owned Subsidiaries named on the execution pages thereof, as Unlimited Guarantors, the banks named on the execution pages thereof, as Lenders (the “Lenders”), TD Securities, as Lead Arranger and Bookrunner, The Toronto-Dominion Bank, as Collateral Agent (the “Collateral Agent”) and Canadian Administration Agent and Toronto Dominion (Texas) LLC, as U.S. Administration Agent, as amended to the date hereof and as the same may be further amended, supplemented, revised, restated or replaced from time to time, (the “Agreement”).

AMENDMENT NO. 2 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • March 2nd, 2022 • Astronics Corp • Aircraft parts & auxiliary equipment, nec • New York

This Amendment No. 2 (“Amendment”) dated as of March 1, 2022 (the “Second Amendment Date”) to the Agreement, as defined below, is entered into by and among Astronics Corporation (“Borrower”), certain lenders under the Agreement (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.

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • February 10th, 2020 • Hecla Mining Co/De/ • Mining & quarrying of nonmetallic minerals (no fuels) • New York

THIS FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Fourth Amendment”), dated as of February 7, 2020, is by and among (i) HECLA MINING COMPANY, a Delaware corporation, HECLA LIMITED, a Delaware corporation, HECLA ALASKA LLC, a Delaware limited liability company, HECLA GREENS CREEK MINING COMPANY, a Delaware corporation and HECLA JUNEAU MINING COMPANY, a Delaware corporation (collectively, the “Borrowers”), (ii) each of the other parties identified as “Other Loan Parties” on the signature pages hereto, (iii) each of the banks and other financial institutions identified as “Lenders” on the signature pages hereto (the “Lenders”), and (iv) THE BANK OF NOVA SCOTIA, as the administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

Contract
Fifth Amended and Restated Credit Agreement • February 7th, 2023 • Delta Apparel, Inc • Wholesale-apparel, piece goods & notions
LENDER CERTIFICATE October 29, 2019
Fifth Amended and Restated Credit Agreement • February 12th, 2020 • ANTERO RESOURCES Corp • Crude petroleum & natural gas

Antero Resources Corporation (the “Borrower”), certain Subsidiaries of Borrower, as Guarantors, the lenders from time to time party thereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) have entered into that certain Fifth Amended and Restated Credit Agreement, dated as of October 26, 2017 (as the same has been and may further be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Unless otherwise defined herein, capitalized terms used herein have the meaning specified in the Credit Agreement.

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FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • October 11th, 2024 • LGI Homes, Inc. • Operative builders • New York

THIS FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is dated as of October 9, 2024 (the “Effective Date”), by and among LGI HOMES, INC., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent for the Lenders (together with its successors and assigns, the “Administrative Agent”).

REFORMATION AND MODIFICATION OF FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • August 8th, 2013 • Inland Real Estate Corp • Real estate investment trusts

This REFORMATION AND MODIFICATION OF FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (the “Reformation”) is made and entered into as of April 23, 2013, but effective as of August 21, 2012, by and among Inland Real Estate Corporation, a Maryland corporation (“Borrower”), KeyBank National Association, a national banking association, both individually as a “Lender” and as “Administrative Agent” under the Credit Agreement (as defined below) and the other Lenders under such Credit Agreement.

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amended and Restated Credit Agreement • December 11th, 2023 • LGI Homes, Inc. • Operative builders • New York

THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of April 28, 2021 by and among LGI HOMES, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, as jointleft Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., CITIZENS BANK, N.A. and BMO BANK N.A., each as joint Lead Arranger and Syndication Agent (in such capacities, individually or collectively as the context may suggest or require, the “Syndication Agent”), and U.S. BANK NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., BMO HARRIS BANK N.A., SUCCESSOR BY MERGER TO BANK OF THE WEST, and CITIZENS BANK, N.A. (as Documentation Agent (in such capacity, the “Do

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