Execution Version GUARANTEE AND COLLATERAL AGREEMENT dated as of August 1, 2007Guarantee and Collateral Agreement • August 7th, 2007 • Goamerica Inc • Radiotelephone communications • New York
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by ADVENT SOFTWARE, INC. and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of June 12, 2013Guarantee and Collateral Agreement • June 13th, 2013 • Advent Software Inc /De/ • Services-computer programming services • New York
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 12, 2013, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the several banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of June 12, 2013 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Advent Software, Inc. (the “Borrower”), the Lenders, the Administrative Agent and the other agents party thereto.
THIRD AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by SBA COMMUNICATIONS CORPORATION, SBA TELECOMMUNICATIONS, LLC, SBA SENIOR FINANCE, LLC, SBA SENIOR FINANCE II LLC and certain of its Subsidiaries in favor of TORONTO DOMINION (TEXAS)...Guarantee and Collateral Agreement • January 25th, 2024 • Sba Communications Corp • Real estate investment trusts • New York
THIRD AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of January 25, 2024, made by SBA COMMUNICATIONS CORPORATION (the “Parent”), SBA TELECOMMUNICATIONS, LLC (“Holdings”) and the other GRANTORS (as defined below), in favor of TORONTO DOMINION (TEXAS) LLC, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Third Amended and Restated Credit Agreement, dated as of the date hereof (as restated, amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among SBA SENIOR FINANCE II LLC, a Florida limited liability company (the “Borrower”), the Lenders, the Administrative Agent and the other Agents named therein.
GUARANTEE AND COLLATERAL AGREEMENT Dated as of July 25, 2022, made by TRANSMEDICS GROUP, INC., and the other Grantors referred to herein, in favor of CANADIAN IMPERIAL BANK OF COMMERCE, as Administrative AgentGuarantee and Collateral Agreement • July 29th, 2022 • TransMedics Group, Inc. • Electromedical & electrotherapeutic apparatus • New York
This GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”), dated as of July 25, 2022, is made by each of the signatories hereto (together with any other entity that may hereafter become a party hereto as provided herein, each a “Grantor” and, collectively, the “Grantors”), in favor of CANADIAN IMPERIAL BANK OF COMMERCE, as administrative agent and collateral agent (in such capacities, together with its successors and assigns in such capacities, the “Administrative Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time parties to that certain Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced, from time to time, the “Credit Agreement”), among TRANSMEDICS GROUP, INC., a Massachusetts corporation (the “Borrower”), the Lenders party thereto, and the Administrative Agent.
GUARANTEE AND COLLATERAL AGREEMENT dated as of August 13, 2014, amongGuarantee and Collateral Agreement • August 15th, 2014 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
GUARANTEE AND COLLATERAL AGREEMENT dated as of August 13, 2014 (this “Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), the Subsidiaries of Terex from time to time party hereto and CREDIT SUISSE AG (“Credit Suisse”), as collateral agent (in such capacity, the “Collateral Agent”).
CANADIAN GUARANTEE AND COLLATERAL AGREEMENT made byGuarantee and Collateral Agreement • September 1st, 2020 • Atkore International Group Inc. • Miscellaneous electrical machinery, equipment & supplies • Ontario
GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of Bank of Montreal, as Administrative Agent Dated as of March 10, 2015Guarantee and Collateral Agreement • March 12th, 2015 • Dune Energy Inc • Oil & gas field services, nec • Texas
This GUARANTEE AND COLLATERAL AGREEMENT, dated as of March 10, 2015, is made by Dune Energy, Inc., a Delaware corporation (the “Borrower”), and each of the other signatories hereto other than the Administrative Agent (the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, (the “Grantors”), in favor of Bank of Montreal, as administrative agent (in such capacity, together with its successors in such capacity, the (“Administrative Agent”), for the banks and other financial institutions (the “Lenders”) from time to time parties to the Loan Agreement (defined below).
GUARANTEE AND COLLATERAL AGREEMENT made by EWC HOLDING GUARANTOR LLC, EWC FRANCHISOR LLC, and EWC DISTRIBUTOR LLC, each as a Guarantor, in favor of CITIBANK, N.A., as Trustee Dated as of April 6, 2022Guarantee and Collateral Agreement • April 7th, 2022 • European Wax Center, Inc. • Services-personal services • New York
GUARANTEE AND COLLATERAL AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of April 6, 2022, made by EWC FRANCHISOR LLC, a Delaware limited liability company (the “Franchisor”), EWC DISTRIBUTOR LLC, a Delaware limited liability company (the “Distributor” and, together with the Franchisor, the “Subsidiary Guarantors”) and EWC HOLDING GUARANTOR LLC, a Delaware limited liability company (the “Holding Company Guarantor,” and, together with the Subsidiary Guarantors and any Additional Guarantor that becomes a party hereto pursuant to the terms hereof, the “Guarantors” and each, a “Guarantor”), in favor of CITIBANK, N.A., a national banking association, as trustee and securities intermediary under the Indenture referred to below (in such capacity, together with its successors, the “Trustee”) for the benefit of the Secured Parties.
EX-10.6 8 d402905dex106.htm GUARANTEE AND COLLATERAL AGREEMENT - CITIBANK GUARANTEE AND COLLATERAL AGREEMENT Dated as of May 4, 2012, among VERSO PAPER FINANCE HOLDINGS LLC VERSO PAPER HOLDINGS LLC, as Company, each other PLEDGOR identified herein,...Guarantee and Collateral Agreement • May 5th, 2020 • New York
GUARANTEE AND COLLATERAL AGREEMENT dated as of April 25, 2013 among AFFINIA GROUP INTERMEDIATE HOLDINGS INC., AFFINIA GROUP INC., THE SUBSIDIARY LOAN PARTIES IDENTIFIED HEREIN and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral AgentGuarantee and Collateral Agreement • May 1st, 2013 • Affinia Group Intermediate Holdings Inc. • Motor vehicle parts & accessories • New York
GUARANTEE AND COLLATERAL AGREEMENT dated as of April 25, 2013 (this “Agreement”), among Affinia Group Intermediate Holdings, Affinia Group Inc., the Subsidiaries from time to time party hereto and JPMorgan Chase Bank, N.A. (“JPMCB”), as Administrative Agent and Collateral Agent.
EX-10.2 3 dex102.htm GUARANTEE AND COLLATERAL AGREEMENT EXECUTION GUARANTEE AND COLLATERAL AGREEMENT made by KAR AUCTION SERVICES, INC. and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of May 19,...Guarantee and Collateral Agreement • May 5th, 2020 • New York
This GUARANTEE AND COLLATERAL AGREEMENT, dated as of May 19, 2011, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”, and each individually, a “Grantor”), in favor of JPMorgan Chase Bank, N.A. (“JPMCB”), as administrative agent (in such capacity, the “Administrative Agent”) for the banks, financial institutions and other entities (the “Lenders”) from time to time party as Lenders to the Credit Agreement and the other Secured Parties, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among KAR Auction Services, Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement and the Administrative Agent.
GUARANTEE AND COLLATERAL AGREEMENT dated as of March 4, 2022 amongGuarantee and Collateral Agreement • March 7th, 2022 • Acer Therapeutics Inc. • Pharmaceutical preparations • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of March 4, 2022 (as may be amended, restated, amended and restated, waived, supplemented, or otherwise modified from time to time, this “Agreement”), made by each signatory hereto (together with any other Person that becomes a party hereto as provided herein, each individually a “Grantor” and collectively, the “Grantors”), in favor of SWK FUNDING LLC, a Delaware limited liability company, as administrative and collateral agent (in such capacity, together with its successors and assigns, the “Agent”) for the benefit of all Lenders party to the Credit Agreement (as hereafter defined).
ContractGuarantee and Collateral Agreement • May 5th, 2020 • New York
Pursuant to 17 CFR 240.24b-2, confidential information has been omitted in places marked “***” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission.
on all of its right, title and interest in and to its Collateral and (b) guarantee the Obligations as set forth in Section 2 of the Collateral Agreement. Each reference to a "Guarantor" or "Grantor" in the Collateral Agreement shall be deemed to...Guarantee and Collateral Agreement • July 10th, 2006 • Interline Brands, Inc./De • Wholesale-hardware & plumbing & heating equipment & supplies
Exhibit 99.1 GUARANTEE AND COLLATERAL AGREEMENT dated and effective as of March 24, 2008Guarantee and Collateral Agreement • March 28th, 2008 • Bear Stearns Companies Inc • Security brokers, dealers & flotation companies • New York
AMENDED & RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by GARTNER, INC. and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of September 28, 2020Guarantee and Collateral Agreement • September 28th, 2020 • Gartner Inc • Services-management services • New York
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of September 28, 2020, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for (x) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of September 28, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among GARTNER, INC. (the “Borrower”), the Lenders and the Administrative Agent, and (y) the other Secured Parties (as defined below).
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • May 24th, 2019 • Ollie's Bargain Outlet Holdings, Inc. • Retail-variety stores • New York
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of May 22, 2019, made by the Borrowers (as defined below) and each of the signatories hereto (other than the Administrative Agent, but together with any other entity that may become a party hereto as provided herein, the “Guarantors”; and the Guarantors together with the Borrowers, the “Grantors”), in favor of Manufacturers and Traders Trust Company (“M&T”), as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of May 22, 2019, (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Bargain Parent, Inc., a Delaware corporation (“Parent”), Ollie’s Holdings, Inc., a Delaware corporation (the “Lead Borrower”), Ollie’s Bargain Outlet, Inc., a Pen
GUARANTEE AND COLLATERAL AGREEMENT DATED AS OF JUNE 26, 2008 BY EARTH BIOFUELS, INC. AND DURANT BIOFUELS, LLC AS GRANTORS, IN FAVOR OF FOURTH THIRD LLC, AS AGENTGuarantee and Collateral Agreement • July 15th, 2008 • Earth Biofuels Inc • Industrial organic chemicals • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 26, 2008, by each of the signatories hereto identified on the signature pages hereto as a grantor (together with any other entity that may become a party hereto as a grantor as provided herein, each a “Grantor” and collectively, jointly and severally, the “Grantors”) in favor of Fourth Third LLC as Collateral Agent (in such capacity, the “Agent”) for itself in its capacity as the Agent and a Lender under the Credit Agreement (as hereinafter defined) (the “Lender”), together with the banks and other financial institutions or entities (collectively, the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of June __, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) among Durant Biofuels, LLC, (“Borrower”), Earth Biofuels, Inc. (“Parent”), any other Loan Parties named therein, the Lenders and the Agent, and the other Secured Creditors (as hereinafter d
GUARANTEE AND COLLATERAL AGREEMENT dated as of February 29, 2012 among HAWAIIAN TELCOM HOLDCO, INC., HAWAIIAN TELCOM COMMUNICATIONS, INC., THE SUBSIDIARIES OF HAWAIIAN TELCOM COMMUNICATIONS, INC. IDENTIFIED HEREIN and CREDIT SUISSE AG, CAYMAN ISLANDS...Guarantee and Collateral Agreement • May 10th, 2012 • Hawaiian Telcom Holdco, Inc. • Communications services, nec • New York
GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”) dated as of February 29, 2012, among HAWAIIAN TELCOM HOLDCO, INC. (“Holdings”, HAWAIIAN TELCOM COMMUNICATIONS, INC. (“Borrower”), the Subsidiaries of HAWAIIAN TELCOM COMMUNICATIONS, INC. identified herein and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as collateral agent (in such capacity, and together with its successors and assigns, the “Collateral Agent”).
GUARANTEE AND COLLATERAL AGREEMENT (ASOT) made by TISHMAN SPEYER ARCHSTONE- SMITH MULTIFAMILY GUARANTOR, L.P., TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY PARALLEL GUARANTOR, L.L.C., TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY HOLDINGS I CORP., TISHMAN...Guarantee and Collateral Agreement • December 3rd, 2007 • Archstone Smith Operating Trust • Real estate investment trusts • New York
GUARANTEE AND COLLATERAL AGREEMENT (ASOT), dated as of October 5, 2007, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement, dated as of October 5, 2007 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY GUARANTOR, L.P., a Delaware limited partnership (“Guarantor 1”), TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY PARALLEL GUARANTOR, L.L.C., a Delaware limited liability company (“Guarantor 2”), TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY PRINCIPAL, L.P., a Delaware limited partnership (the “Principal Guarantor”), TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY NOMINEE (GP), L.L.C., a Delaware limited
GUARANTEE AND COLLATERAL AGREEMENT made by CLEAN ENERGY, CLEAN ENERGY FUELS CORP., and each of the other Grantors (as defined herein) in favor of STONEPEAK CLNE-L HOLDINGS LP, as Collateral Agent Dated as of December 12, 2023Guarantee and Collateral Agreement • December 13th, 2023 • Clean Energy Fuels Corp. • Gas & other services combined • New York
This GUARANTEE AND COLLATERAL AGREEMENT, dated as of December 12, 2023, is made by CLEAN ENERGY, a California corporation (the “Borrower”), CLEAN ENERGY FUELS CORP., a Delaware corporation (“Parent”), and each of the other undersigned signatories identified on the signature pages hereto as Grantors (together with the Borrower and Parent, the “Grantors”), in favor of STONEPEAK CLNE-L HOLDINGS LP, as collateral agent (in such capacity, together with its successors and permitted assigns in such capacity, the “Collateral Agent”) for the ratable benefit of the Secured Parties (as defined in the Credit Agreement), including the banks and other financial institutions and entities (the “Lenders”) from time to time party to the Senior Secured First Lien Term Loan Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, Parent, the Lenders from time to time party t
GUARANTEE AND COLLATERAL AGREEMENT made by PAPERWEIGHT DEVELOPMENT CORP., APPVION, INC., and certain of its Subsidiaries in favor of WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent Dated as of March 16, 2018Guarantee and Collateral Agreement • March 19th, 2018 • Paperweight Development Corp • Converted paper & paperboard prods (no contaners/boxes) • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of March 166, 2018 (as the same may be amended, restated, supplemented and/or otherwise modified from time to time, this “Agreement”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of Wilmington Trust, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks, financial institutions and other entities (the “Lenders”) from time to time parties to the Senior Superpriority Senior Debtor-in-Possession Credit Agreement, dated as of March 16, 2018 (as amended, restated, supplemented and/or otherwise modified from time to time, the “Credit Agreement”), among Appvion, Inc., a Delaware corporation (the “Borrower”), Paperweight Development Corp., a Wisconsin corporation (“Holdings”), the Administrative Agent and the Lenders.
GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • June 23rd, 2014 • J C Penney Co Inc • Retail-department stores • New York
EX-10.4 5 dex104.htm SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT EXECUTION COPY SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT AMONG SEARS HOLDINGS CORPORATION, SEARS, ROEBUCK AND CO., SEARS ROEBUCK ACCEPTANCE CORP.,...Guarantee and Collateral Agreement • May 5th, 2020 • New York
GUARANTEE AND COLLATERAL AGREEMENT made by CDRV HOLDINGS, INC., CDRV ACQUISITION CORPORATION (The Rights and Obligations of which Hereunder are to be Assumed by VWR INTERNATIONAL, INC.), and certain of its Subsidiaries in favor of DEUTSCHE BANK AG,...Guarantee and Collateral Agreement • February 27th, 2006 • VWR International, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 7, 2004, made by CDRV Holdings, Inc., a Delaware corporation (“Holding”), CDRV Acquisition Corporation, a Delaware corporation (“Acquisition Corp.” and, together with any assignee of, or successor by merger to, Acquisition Corp.’s rights and obligations hereunder as provided herein, the “Parent Borrower”), the Foreign Subsidiary Borrowers from time to time parties thereto (the “Foreign Subsidiary Borrowers”), and certain other Subsidiaries of the Parent Borrower that are signatories hereto, in favor of Deutsche Bank AG, New York Branch, as administrative agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (collectively, the “Lenders”; individually, a “Lender”) from time to time parties to the Credit Agreement, dated as of April 7, 2004 (as amended, amended and restated, waived, supplemented or otherwise modified from time to time, together with any agreement extending the maturity of,
GUARANTEE AND COLLATERAL AGREEMENT made by NBC HOLDINGS CORP., NBC ACQUISITION CORP., NEBRASKA BOOK COMPANY, INC. and CERTAIN OF THEIR SUBSIDIARIES each a Debtor and Debtor-in-Possession in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent...Guarantee and Collateral Agreement • July 14th, 2011 • NBC Acquisition Corp • Wholesale-miscellaneous nondurable goods • New York
GUARANTEE AND COLLATERAL AGREEMENT (as amended, supplemented or otherwise modified from time to time, the “Agreement”), dated as of June 30, 2011, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), each of which is a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, in favor of JPMORGAN CHASE BANK, N.A., as collateral agent and administrative agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Secured Superpriority Debtor-in-Possession Credit Agreement, dated as of June 30, 2011 (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among NBC Holdings Corp. as a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (“SuperHoldings”), NBC Acquisition Corp. as a debtor and debtor-in-pos
GUARANTEE AND COLLATERAL AGREEMENT Dated and effective as of September 20, 2016, among CLAIRE’S STORES, INC., as Borrower, each Subsidiary Loan Party, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and Collateral AgentGuarantee and Collateral Agreement • September 26th, 2016 • Claires Stores Inc • Retail-apparel & accessory stores • New York
Reference is made to the Term Loan Credit Agreement dated as of September 20, 2016 (as amended, restated, amended and restated, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders party thereto from time to time, the Administrative Agent and the Collateral Agent.
SIXTH AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by THE SCOTTS MIRACLE-GRO COMPANY, EACH DOMESTIC SUBSIDIARY BORROWER and certain of their Domestic Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as...Guarantee and Collateral Agreement • April 14th, 2022 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
THIS SIXTH AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 8, 2022 made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Sixth Amended and Restated Credit Agreement, dated as of April 8, 2022 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among THE SCOTTS MIRACLE-GRO COMPANY, an Ohio corporation (the “Company”), the Subsidiary Borrowers, (as defined in the Credit Agreement) from time to time parties to the Credit Agreement, the Co-Syndication Agents and the Co-Documentation Agents named therein and the Administrative Agent.
FIFTH AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of BNP PARIBAS, as Administrative Agent Dated as of August 2, 2010Guarantee and Collateral Agreement • August 3rd, 2010 • Petrohawk Energy Corp • Crude petroleum & natural gas • Texas
This FIFTH AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of August 2, 2010, is made by Petrohawk Energy Corporation, a corporation duly formed and existing under the laws of the State of Delaware (the “Borrower”), and each of the other signatories hereto other than the Administrative Agent (the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, the “Grantors”), in favor of BNP Paribas, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), for the banks and other financial institutions (the “Lenders”) from time to time parties to the Fifth Amended and Restated Senior Revolving Credit Agreement, dated as of August 2, 2010 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders, the Ad
GUARANTEE AND COLLATERAL AGREEMENT made by SCIENTIFIC GAMES CORPORATION, as Holdings, SCIENTIFIC GAMES INTERNATIONAL, INC., as the Borrower, and the Subsidiary Guarantors party hereto in favor of BANK OF AMERICA, N.A., as Collateral Agent Dated as of...Guarantee and Collateral Agreement • October 18th, 2013 • Scientific Games Corp • Services-computer integrated systems design • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of October 18, 2013, made by each of the signatories hereto, in favor of Bank of America, N.A., as Collateral Agent (in such capacity, the “Collateral Agent”) for the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Credit Agreement, dated as of October 18, 2013 (as amended, waived, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Scientific Games International, Inc., a Delaware corporation (the “Borrower”), Scientific Games Corporation, a Delaware corporation (“Holdings”), the Lenders, Bank of America, N.A., as Administrative Agent, Collateral Agent, Issuing Lender and Swingline Lender, Bank of America, N.A., Credit Suisse Securities (USA) LLC and UBS Securities LLC, as Joint Lead Arrangers and Bank of America, N.A., Credit Suisse Securities (USA) LLC, UBS Securities LLC, J.P. Morgan Securities LLC (solely with respect to the Revolving Facilities), RBS Se
GUARANTEE AND COLLATERAL AGREEMENT dated as of March 25, 2020 among RESHAPE LIFESCIENCES INC. and RESHAPE MEDICAL LLC as Grantors, and ARMISTICE CAPITAL MASTER FUND LTD., as Lender GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York
Guarantee and Collateral Agreement, dated as of March 25, 2020 (this “Agreement”), made by each signatory hereto (together with any other Person that becomes a party hereto as provided herein, (“Grantors”), in favor of Armistice Capital Master Fund Ltd., a Cayman Islands exempted company (“Lender”).
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by AVIS BUDGET HOLDINGS, LLC, AVIS BUDGET CAR RENTAL, LLC and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of May 3, 2011Guarantee and Collateral Agreement • May 6th, 2011 • Avis Budget Group, Inc. • Services-auto rental & leasing (no drivers) • New York
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of May 3, 2011 (the “Effective Date”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of May 3, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among AVIS BUDGET HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), AVIS BUDGET CAR RENTAL, LLC, a Delaware limited liability company (the “Borrower”), the Subsidiary Borrowers (as defined in the Credit Agreement) from time to time parties hereto, the several banks and other financial institutions or entities from time to time parties hereto (the “Lenders”), DEUTSC
SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • April 17th, 2019 • Six Flags Entertainment Corp • Services-miscellaneous amusement & recreation • New York
This SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 17, 2019 made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, together with its successors and assigns, the “Administrative Agent”), for the ratable benefit of the Secured Parties (as defined herein).
THIRD AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT dated as of October 26, 2017, among DENNY’S, INC., DENNY’S REALTY, LLC, DENNY’S CORPORATION, DFO, LLC, the other Subsidiaries of Parent from time to time party hereto, and WELLS FARGO BANK,...Guarantee and Collateral Agreement • October 31st, 2017 • Dennys Corp • Retail-eating places • New York
THIRD AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT dated as of October 26, 2017 (this “Agreement”), by and among Denny’s, Inc., a Florida corporation (the “Borrower”), Denny’s Corporation, a Delaware corporation (“Parent”), DFO, LLC, a Delaware limited liability company (“DFO”), Denny’s Realty, LLC, a Delaware limited liability company (“Denny’s Realty”), each other Subsidiary of Parent from time to time party hereto and Wells Fargo Bank, National Association (“Wells Fargo”), as administrative agent and collateral agent (in such capacities under any of the Loan Documents (as defined in the Credit Agreement referred to below), the “Administrative Agent”) for the Secured Parties (as defined in the Credit Agreement referred to below).
1 EXHIBIT 4(a)(2) AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • January 26th, 1998 • Imperial Holly Corp • Sugar & confectionery products • New York
