First Lien Credit and Guaranty Agreement Sample Contracts
AMENDMENT NO. 6 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • October 1st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of August 28, 2017 (this “Agreement”), is entered into by and among CORSAIR GROUP (CAYMAN), LP, a Cayman Islands exempted limited partnership acting by its general partner EagleTree-Carbide (GP), LLC, a Cayman Islands limited liability company (“Holdings”), CORSAIR GAMING, INC., a Delaware corporation (“Borrower” or “U.S. Borrower”), CORSAIR ACQUISITION (LUX) S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée), with a registered office at 48, boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg, and registered with the Luxembourg Register of Commerce and Companies under number B216.833 (“Lux Borrower”), CORSAIR HOLDINGS (HONG KONG) LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with U.S. Borrower, Lux Borrower and each other Person that becomes a “Borrower” hereunder, each a “Borrower” and collectively, the “Borrowers”), CORSAIR GROUP (US), LLC, a Delaware
Standard Contracts
THIRD AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of April 18, 2024 among RADNET MANAGEMENT, INC., as Borrower, RADNET, INC., CERTAIN SUBSIDIARIES AND AFFILIATES OF RADNET MANAGEMENT, INC., as Guarantors, The Several Lenders...First Lien Credit and Guaranty Agreement • April 18th, 2024 • RadNet, Inc. • Services-medical laboratories • New York
FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of October 24, 2007 among X-RITE, INCORPORATED, as Company, CERTAIN SUBSIDIARIES OF X-RITE, INCORPORATED, as Guarantors, VARIOUS LENDERS, FIFTH THIRD BANK, a Michigan banking corporation, as...First Lien Credit and Guaranty Agreement • March 13th, 2008 • X Rite Inc • Photographic equipment & supplies • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of October 24, 2007, is entered into by and among X-RITE, INCORPORATED, a Michigan corporation (“Borrower” or “Company”), CERTAIN SUBSIDIARIES OF COMPANY, as Guarantors, the Lenders party hereto from time to time, FIFTH THIRD BANK, a Michigan banking corporation (in its individual capacity, “Fifth Third”), as administrative agent (in such capacity, together with its permitted successors in such capacity, “Administrative Agent”) and as collateral agent (in such capacity, together with its permitted successor in such capacity, “Collateral Agent”), MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. (in its individual capacity, “Merrill Lynch”), as syndication agent (in such capacity, “Syndication Agent”), NATIONAL CITY BANK (in its individual capacity, “National City”), as co-documentation agent (in such capacity, the “National City Co-Documentation Agent”), LASALLE BANK MIDWEST N.A., as co-documentat
ContractFirst Lien Credit and Guaranty Agreement • May 5th, 2020 • New York
EX-10.5 7 y82079exv10w5.htm EX-10.5 Exhibit 10.5 EXECUTION COPY SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT THIS SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (this “Second Amendment”) is dated as of July 24, 2008 and is entered into by and among AZ CHEM US INC., a Delaware corporation (the “U.S. Borrower”), ARIZONA CHEMICAL AB, a limited liability company organized under the laws of Sweden (“European Borrower”), GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (“Administrative Agent”), acting with the consent of the Requisite Lenders and, for purposes of Section IV hereof, the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 (as amended through the date hereof, the “Credit Agreement”; as it may be further amended, supplemented, restated or otherwise modified from time to time in accordance with its terms) by and among the
ContractFirst Lien Credit and Guaranty Agreement • May 10th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York
This AMENDMENT No. 1 (this “Amendment”), dated as of May 9, 2019, by and among FUSION CONNECT, INC., a Delaware corporation (the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER party hereto, as Guarantor Subsidiaries, the LENDERS party hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION (“Wilmington Trust”), as Administrative Agent.
RECITALS:First Lien Credit and Guaranty Agreement • March 31st, 2005 • American Reprographics CO • Services-mailing, reproduction, commercial art & photography • New York
AMENDMENT NO. 2 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • August 21st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec
THIS AMENDMENT NO. 2 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 29, 2018 (this “Amendment”), by and among EAGLETREE-CARBIDE HOLDINGS (CAYMAN), LP, a Cayman Islands exempted limited partnership (“Holdings”), EAGLETREE-CARBIDE ACQUISITION CORP., a Delaware corporation (the “U.S. Borrower”), EAGLETREE-CARBIDE ACQUISITION S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée) with registered office at 48, Boulevard Grande-Duchesse Charlotte, L—1330 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Commerce and Companies register under number B216.833 (the “Lux Borrower”), EAGLETREE-CARBIDE HONG KONG LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with the U.S. Borrower and the Lux Borrower, collectively, the “Borrowers”), EAGLETREE-CARBIDE HOLDINGS (US), LLC, a Delaware limited liability company (“LLC Subsidiary”), CERTAIN SUBSIDIARIES OF HOLDINGS PARTY HERETO, as Guarantors, THE
AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT as amended and restated as of April 13, 2012 among AUDATEX NORTH AMERICA, INC., as U.S. Borrower, SOLERA NEDERLAND HOLDING B.V. and AUDATEX HOLDINGS IV B.V., as Euro Borrowers, AUDATEX...First Lien Credit and Guaranty Agreement • April 16th, 2012 • Solera Holdings, Inc • Services-computer programming, data processing, etc. • New York
This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 13, 2012, is entered into by and among AUDATEX NORTH AMERICA, INC., a Delaware corporation (the “U.S. Borrower”), SOLERA NEDERLAND HOLDING B.V., a company organized under the laws of the Netherlands (“EuroCo” and a “Euro Borrower”), AUDATEX HOLDINGS IV B.V., a company organized under the laws of the Netherlands (“EuroHoldco” and a “Euro Borrower;” together with EuroCo, the “Euro Borrowers;” and the Euro Borrowers, collectively with the U.S. Borrower, the “Borrowers”), AUDATEX HOLDINGS, LLC, a Delaware limited liability company (“Holdings”) and CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”), and as Collateral Agent (together with its permitted successor in such capacity, the “Collateral Agent”); provided,
FIRST LIEN CREDIT AND GUARANTY AGREEMENT Dated as of April 21, 2020 among AIRBNB, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors THE LENDERS PARTY HERETO and CORTLAND CAPITAL MARKET SERVICES LLC, as Administrative...First Lien Credit and Guaranty Agreement • November 16th, 2020 • Airbnb, Inc. • Services-to dwellings & other buildings • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 21, 2020 (this “Agreement”), is entered into by and among AIRBNB, INC., a Delaware corporation (the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, and CORTLAND CAPITAL MARKET SERVICES LLC (“Cortland”), as administrative agent (together with its permitted successors in such capacity, the “Administrative Agent”), and as collateral agent (together with its permitted successors in such capacity, the “Collateral Agent”).
FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 among AZ CHEM US INC., as U.S. Borrower, PROSERPINA 1073 AB (under change of name to ARIZONA CHEM SWEDEN AB), as European Borrower, PROSERPINA 1072 AB (under change of name to...First Lien Credit and Guaranty Agreement • June 7th, 2010 • Arizona Chemical Ltd. • Plastic materials, synth resins & nonvulcan elastomers • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of February 28, 2007, is entered into by and among AZ CHEM US INC., a Delaware corporation (“U.S. Borrower”), PROSERPINA 1073 AB (under change of name to ARIZONA CHEM SWEDEN AB), a limited liability company organized under the laws of Sweden (“European Borrower”, and, together with U.S. Borrower, the “Borrowers”), PROSERPINA 1072 AB (under change of name to ARIZONA CHEM SWEDEN HOLDINGS AB), a limited liability company organized under the laws of Sweden (“Holdings”), CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”), Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”), and BANK OF AMERICA, N.A. “BANA”), as Documentation Agent (in such
Execution Version AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • May 5th, 2020 • New York
This AMENDMENT dated as of February 24, 2014 (this “Amendment”) to the Credit Agreement referred to below by and among American Casino & Entertainment Properties LLC, a Delaware limited liability company (the “Borrower”), certain subsidiaries of the Borrower as Guarantors (the “Guarantors”), the Lenders party hereto (as defined below), the Repricing Term Lenders referred to herein (whether pursuant to the execution and delivery of a Lender Consent or a Joinder, as applicable) and Deutsche Bank AG New York Branch (“DBNY”), as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent (in such capacity, the “Collateral Agent”).
EX-10.1 2 dex101.htm CONSENT AND AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT EXECUTION VERSION CONSENT AND AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • May 5th, 2020 • New York
CONSENT AND AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of September 24, 2010 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE LLC, a Delaware limited liability company (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the other Persons party hereto that are designated as a
FIRST LIEN CREDIT AND GUARANTY AGREEMENT Dated as of February 8, 2007 among KGEN LLC, as the Borrower, CERTAIN SUBSIDIARIES OF KGEN LLC, as the Guarantors, THE LENDERS PARTY HERETO FROM TIME TO TIME, as the Lenders, MORGAN STANLEY & CO. INCORPORATED,...First Lien Credit and Guaranty Agreement • November 23rd, 2007 • Kgen Power Corp • Electric services • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of February 8, 2007 (this "Agreement"), is entered into by and among KGEN LLC, a Delaware limited liability company (the "Borrower"), the GUARANTORS (as hereinafter defined), the LENDERS party hereto from time to time, MORGAN STANLEY SENIOR FUNDING, INC. ("MSSF"), as administrative agent for the Lenders (together with its successors and assigns in such capacity, the "Administrative Agent"), MORGAN STANLEY & CO. INCORPORATED, as sole lead arranger, sole bookrunner and syndication agent ("Morgan Stanley"), UNION BANK OF CALIFORNIA, N.A., as issuer of the Working Capital Letters of Credit (together with its successors and assigns in such capacity, the "Working Capital LC Bank") and as issuer of the Synthetic Letters of Credit (together with its successors and assigns in such capacity, the "Synthetic LC Bank"), UNION BANK OF CALIFORNIA, N.A., as collateral agent for the Secured Parties (as hereinafter defined) (together with its succe
SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • August 9th, 2006 • Gentek Inc • Motor vehicle parts & accessories • New York
THIS SECOND AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of July __, 2006 (the “Amendment”) is entered into among GENTEK HOLDING, LLC, a Delaware limited liability company (the “Borrower”), GENTEK INC., a Delaware corporation (“Holdings”), certain Subsidiaries of the Borrower, as Guarantors, the Lenders party hereto, Bank of America, N.A. (“BOFA”), as Collateral Agent and Co-Administrative Agent and General Electric Capital Corporation, as Co-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).
AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • September 21st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec • New York
AMENDMENT NO. 3 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of April 27, 2018 (this “Amendment”), by and among EAGLETREE-CARBIDE HOLDINGS (CAYMAN), LP, a Cayman Islands exempted limited partnership (“Holdings”), EAGLETREE-CARBIDE ACQUISITION CORP., a Delaware corporation (the “U.S. Borrower”), EAGLETREE-CARBIDE ACQUISITION S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée) with registered office at 48, Boulevard Grande-Duchesse Charlotte, L - 1330 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Commerce and Companies register under number B216.833 (the “Lux Borrower”), EAGLETREE-CARBIDE HONG KONG LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with the U.S. Borrower and the Lux Borrower, collectively, the “Borrowers”), EAGLETREE-CARBIDE HOLDINGS (US), LLC, a Delaware limited liability company (“LLC Subsidiary”), CERTAIN SUBSIDIARIES OF HOLDINGS PARTY HERETO, as Guarantors, MACQUA
THIRD AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • April 12th, 2010 • Arizona Chemical Ltd. • New York
THIS THIRD AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (this “Third Amendment”) is dated as of November 14, 2008 and is entered into by and among AZ CHEM US INC., a Delaware corporation (the “U.S. Borrower”), ARIZONA CHEMICAL AB, a limited liability company organized under the laws of Sweden (“European Borrower”), GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (“Administrative Agent”), acting with the consent of the Requisite Lenders and, for purposes of Section IV hereof, the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 (as amended through the date hereof, the “Credit Agreement”; as it may be further amended, supplemented, restated or otherwise modified from time to time in accordance with its terms) by and among the Borrowers, ARIZONA CHEM SWEDEN HOLDINGS AB, a limited liability company organized under the laws of Sweden, the subsidiari
EXECUTION VERSION $681,984,285 FIRST LIEN CREDIT AND GUARANTY AGREEMENT Dated as of April 28, 2014 Among NEW MACH GEN, LLC as Borrower and THE GUARANTORS as Guarantors and THE INITIAL LENDERS AND INITIAL REVOLVING ISSUING BANK NAMED HEREIN as Initial...First Lien Credit and Guaranty Agreement • February 29th, 2016 • Talen Energy Supply, LLC • Electric services • New York
CONSENT AND AMENDMENT NO. 4 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • May 13th, 2010 • X Rite Inc • Photographic equipment & supplies • New York
CONSENT AND AMENDMENT NO. 4 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 5, 2010 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE LLC, a Delaware limited liability company (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the other Persons party hereto that are designated as a “Cre
FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of October 19, 2008 among VONAGE AMERICA INC. (“VONAGE AMERICA”) and VONAGE HOLDINGS CORP. (“HOLDINGS”), as Borrowers, CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, VARIOUS LENDERS, and SILVER POINT...First Lien Credit and Guaranty Agreement • October 22nd, 2008 • Vonage Holdings Corp • Telephone communications (no radiotelephone) • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of October 19, 2008, is entered into by and among VONAGE AMERICA INC., a Delaware corporation (“Vonage America”) and VONAGE HOLDINGS CORP., a Delaware corporation (“Holdings”) (each of Holdings and Vonage America are referred to hereinafter each individually as a “Borrower” and individually and collectively, jointly and severally, as the “Borrowers”) and certain subsidiaries of Holdings, as Guarantors, the Lenders party hereto from time to time, and SILVER POINT FINANCE, LLC (“Silver Point”), as Administrative Agent (in such capacity, “Administrative Agent”), Collateral Agent (in such capacity, “Collateral Agent”) and Lead Arranger (in such capacity, the “Lead Arranger”).
FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of July 3, 2013 among AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC, as Borrower, CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, VARIOUS LENDERS, GOLDMAN SACHS LENDING PARTNERS LLC, DEUTSCHE BANK...First Lien Credit and Guaranty Agreement • July 8th, 2013 • American Casino & Entertainment Properties LLC • Hotels & motels • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of July 3, 2013, is entered into by and among AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC, a Delaware limited liability company (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“Goldman Sachs”) and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as Co-Syndication Agents (in such capacity, “Syndication Agents”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”), as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”) and as Documentation Agent (in such capacity, “Documentation Agent”), and Goldman Sachs and DBSI, as Joint Lead Arrangers (in such capacity, “Arrangers”) and Joint Bookrunners.
AMENDMENT NO. 4 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • September 21st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec
Any increase or decrease in the Applicable Margin pursuant to clause (a)(iii) above resulting from a change in the Consolidated Total Net Leverage Ratio shall become effective as of the first Business Day immediately following the date the applicable financial statements are delivered pursuant to Section 5.1(a) or (b) (and the related Compliance Certificate is delivered pursuant to Section 5.5(c)); provided that if notification is provided to the Borrower Representative that the Administrative Agent or the Required Lenders have so elected, “Pricing Level I” shall apply (x) as of the first Business Day after the date on which the financial statements were required to be delivered pursuant to Section 5.1(a) or (b) (and the related Compliance Certificate pursuant to Section 5.5(c)) but were not delivered, and shall continue to so apply to and including the date on which such financial statements (and related Compliance Certificate) are so delivered (and thereafter the pricing level otherw
FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • August 13th, 2016
AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • September 21st, 2020 • Corsair Gaming, Inc. • Computer peripheral equipment, nec
THIS AMENDMENT NO. 5 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of December 19, 2019 (this “Fifth Amendment”), by and among CORSAIR GROUP (CAYMAN), LP, a Cayman Islands exempted limited partnership (“Holdings”), CORSAIR GAMING, INC., a Delaware corporation (the “U.S. Borrower”), CORSAIR ACQUISITION (LUX) S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée) with registered office at 48, Boulevard Grande-Duchesse Charlotte, L - 1330 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Commerce and Companies register under number B216.833 (the “Lux Borrower”), CORSAIR HOLDINGS (HONG KONG) LIMITED, a Hong Kong limited liability company (the “HK Borrower” and, together with the U.S. Borrower and the Lux Borrower, collectively, the “Borrowers”), CORSAIR GROUP (US), LLC, a Delaware limited liability company (“LLC Subsidiary”), CERTAIN SUBSIDIARIES OF HOLDINGS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO (including
FIRST LIEN CREDIT AND GUARANTY AGREEMENT Dated as of October 31, 2016 among QCP SNF WEST REIT, LLC, QCP SNF CENTRAL REIT, LLC, QCP SNF EAST REIT, LLC, and QCP AL REIT, LLC, as Borrowers, QCP HOLDCO REIT, LLC and QUALITY CARE PROPERTIES, INC., as...First Lien Credit and Guaranty Agreement • October 31st, 2016 • Quality Care Properties, Inc. • Real estate investment trusts • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of October 31, 2016 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among QCP SNF WEST REIT, LLC, a Delaware limited liability company (“SNF West”), QCP SNF CENTRAL REIT, LLC, a Delaware limited liability company (“SNF Central”), QCP SNF EAST REIT, LLC, a Delaware limited liability company (“SNF East”) and QCP AL REIT, LLC, a Delaware limited liability company (“AL” and, collectively with SNF West, SNF Central and SNF East, the “Borrowers” and each a “Borrower”), QCP HOLDCO REIT, LLC, a Delaware limited liability company (“Parent REIT”), and QUALITY CARE PROPERTIES, INC., a Maryland corporation (“QCP” and, collectively with Parent REIT, the “Parent Guarantors” and each a “Parent Guarantor”), certain subsidiaries of QCP from time to time party hereto as guarantors, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), Barclays Bank
AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of March 8, 2007 as amended and restated as of May 20, 2008 among MOVIE GALLERY, INC., CERTAIN SUBSIDIARIES OF MOVIE GALLERY, INC. as Guarantors, VARIOUS LENDERS and WILMINGTON...First Lien Credit and Guaranty Agreement • May 28th, 2008 • Movie Gallery Inc • Services-video tape rental • New York
This AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of March 8, 2007, as amended and restated as of May 20, 2008, is entered into by and among MOVIE GALLERY, INC., a Delaware corporation (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, WILMINGTON TRUST COMPANY (“Wilmington”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DBTCA”) as Collateral Agent (together with its permitted successors in such capacity, “Collateral Agent”).
FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of August 18, 2014 among ALION SCIENCE AND TECHNOLOGY CORPORATION, CERTAIN SUBSIDIARIES OF ALION SCIENCE AND TECHNOLOGY CORPORATION, as Guarantors, VARIOUS LENDERS, and GOLDMAN SACHS LENDING PARTNERS...First Lien Credit and Guaranty Agreement • August 22nd, 2014 • Alion Science & Technology Corp • Services-engineering services • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of August 18, 2014 is entered into by and among ALION SCIENCE AND TECHNOLOGY CORPORATION, a Delaware corporation (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time and GOLDMAN SACHS LENDING PARTNERS LLC (“Goldman Sachs”), as Administrative Agent (together with its permitted successors and assigns in such capacity, “Administrative Agent”).
VECTOR CAPITAL One Market Street Steuart Tower, 23rd Floor San Francisco, California 94105First Lien Credit and Guaranty Agreement • May 10th, 2018 • Fusion Connect, Inc. • Services-prepackaged software
This letter (the “Side Letter”) expressly sets out the agreement between the Borrower and Vector Capital with respect to Vector Capital’s observation rights on the Board of Directors (as defined below), as further described in Section 1 herein. Capitalized terms used herein without definition are used as defined in the Credit Agreement.
FIRST LIEN CREDIT AND GUARANTY AGREEMENT DATED AS OF OCTOBER 26, 2007 AMONG CHEM RX CORPORATION, CERTAIN SUBSIDIARIES OF CHEM RX CORPORATION, AS GUARANTORS, VARIOUS LENDERS, CIBC WORLD MARKETS CORP., AS SOLE LEAD ARRANGER AND SOLE BOOK RUNNER,First Lien Credit and Guaranty Agreement • November 1st, 2007 • Paramount Acquisition Corp • Blank checks • New York
This FIRST LIEN CREDIT AND GUARANTY AGREEMENT, dated as of October 26, 2007, is entered into by and among CHEM RX CORPORATION (formerly Paramount Acquisition Corp.), a Delaware corporation (“Borrower”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, CIBC WORLD MARKETS CORP. (“CIBC WM”), as Sole Lead Arranger and Sole Book Runner (in such respective capacities, “Lead Arranger” and “Book Runner”), and CANADIAN IMPERIAL BANK OF COMMERCE, New York Agency (“CIBC”), as Administrative Agent and Collateral Agent (in such respective capacities, “Administrative Agent” and “Collateral Agent”).
FOURTH AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • June 7th, 2010 • Arizona Chemical Ltd. • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS FOURTH AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (this “Fourth Amendment”) is dated as of May 28, 2010 and is entered into by and among AZ CHEM US INC., a Delaware corporation (the “U.S. Borrower”), ARIZONA CHEMICAL AKTIEBOLAG, a limited liability company organized under the laws of Sweden (“European Borrower”), GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (“Administrative Agent”), acting with the consent of the Requisite Lenders and, for purposes of Section V hereof, the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 (as amended through the date hereof, the “Credit Agreement”; as it may be further amended, supplemented, restated or otherwise modified from time to time in accordance with its terms) by and among the Borrowers, ARIZONA CHEM SWEDEN HOLDINGS AB, a limited liability company organized under the laws of Sweden (“Holdings”
CONSENT AND AMENDMENT NO. 2 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT AND AMENDMENT NO. 1 TO PLEDGE AND SECURITY AGREEMENT (FIRST LIEN)First Lien Credit and Guaranty Agreement • August 20th, 2009 • X Rite Inc • Photographic equipment & supplies • New York
CONSENT AND AMENDMENT NO. 2 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT AND AMENDMENT NO. 1 TO PLEDGE AND SECURITY AGREEMENT (FIRST LIEN), dated as of August 18, 2009 (this “Agreement”), among X-RITE, INCORPORATED, a Michigan corporation, and successor by merger to OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company and Pantone India, Inc. (the “Company”), X-RITE GLOBAL, INCORPORATED, a Michigan corporation (“X-Rite Global”), X-RITE HOLDINGS, INC., a Michigan corporation (“X-Rite Holdings”), XR VENTURES, LLC, a Michigan limited liability company (“XR Ventures”), GRETAGMACBETH, LLC, a Delaware limited liability company (“GretagMacbeth”), PANTONE, INC., a Delaware corporation (“Pantone”), PANTONE ASIA, INC., a Delaware corporation (“Pantone Asia”), PANTONE GERMANY, INC., a Delaware corporation “Pantone Germany”), PANTONE JAPAN, INC., a Delaware corporation (“Pantone Japan”), PANTONE U.K., INC., a Delaware corporation (“Pantone UK”), the
TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • April 4th, 2008 • Chem Rx Corp • Blank checks • New York
THIS FIRST AMENDMENT (this “Amendment”) TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (as it may be amended, supplemented, restated or otherwise modified from time to time in accordance with its terms, the “Credit Agreement”) is dated as of March 28, 2008 and is entered into by and among CHEM RX CORPORATION, a Delaware corporation (the “Borrower’’), the Subsidiaries of the Borrowerlisted on the signature pages hereto (the “Guarantors”), CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK AGENCY (“CIBC”), as Administrative Agent (“Administrative Agent”) and Collateral Agent, the Lenders from time to time party thereto and CIBC WORLD MARKETS CORP., as Sole Lead Arranger and Sole Book Runner. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
FIRST AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • April 12th, 2010 • Arizona Chemical Ltd. • New York
THIS FIRST AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is dated as of July 1, 2008 and is entered into by and among AZ CHEM US INC., a Delaware corporation (the “U.S. Borrower”), ARIZONA CHEMICAL AB, a limited liability company organized under the laws of Sweden (“European Borrower”), GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Administrative Agent (“Administrative Agent”), acting with the consent of the Requisite Lenders and, for purposes of Section IV hereof, the GUARANTORS listed on the signature pages hereto, and is made with reference to that certain FIRST LIEN CREDIT AND GUARANTY AGREEMENT dated as of February 28, 2007 (as amended through the date hereof, the “Credit Agreement”; as it may be further amended, supplemented, restated or otherwise modified from time to time in accordance with its terms) by and among the Borrowers, ARIZONA CHEM SWEDEN HOLDINGS AB, a limited liability company organized under the laws of Sweden, the subsidiaries of Holdi
BARINGS FINANCE LLCFirst Lien Credit and Guaranty Agreement • February 9th, 2022
THIRD AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT AND WAIVERFirst Lien Credit and Guaranty Agreement • March 20th, 2007 • Gentek Inc • Chemicals & allied products • New York
THIS THIRD AMENDMENT TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT AND WAIVER dated as of March 19, 2007 (the “Agreement”) is entered into among GENTEK INC., a Delaware corporation (“Holdings”), GENTEK HOLDING, LLC, a Delaware limited liability company (the “Borrower”), certain Subsidiaries of the Borrower, as Guarantors, the Lenders party hereto, Bank of America, N.A. (“BOFA”), as Collateral Agent and Co-Administrative Agent and General Electric Capital Corporation, as Co-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).
FIRST AMENDMENT, CONSENT AND WAIVER TO AMENDED AND RESTATED FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • March 18th, 2009 • Telvent Git S A • Services-business services, nec • New York
This First Amendment and Consent to Amended and Restated First Lien Credit and Guaranty Agreement (this “Amendment”) is entered into as of September 15, 2008 by and among DTN, Inc., as borrower (“Company”), DTN Holding Company, Inc. (“Holdings”), DTN, LLC, DTN Information Services LLC, DTN HoldCo Corporation and certain subsidiaries of DTN HoldCo Corporation, as guarantors (such entities, collectively, with Holdings, “Guarantors”), General Electric Capital Corporation, as administrative agent (“Agent”) and Lenders signatory hereto.
