Guarantee and Security Agreement Sample Contracts

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GUARANTEE AND SECURITY AGREEMENT dated as of the date set forth in Schedule A to the Loan Agreement referred to herein among THE BORROWER IDENTIFIED ON THE SIGNATURE PAGES HERETO, as Borrower, THE UNITED STATES DEPARTMENT OF THE TREASURY, as Lender,...
Guarantee and Security Agreement • February 23rd, 2010 • Nuveen Mortgage Opportunity Term Fund 2 • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of the date set forth in Schedule A to the Loan Agreement referred to below (this “Agreement”), among the BORROWER IDENTIFIED ON THE SIGNATURE PAGES HERETO (the “Borrower”); each entity that becomes a “GUARANTOR” after the date hereof pursuant to Section 7.08 hereof (collectively, the “Guarantors” and, together with the Borrower, the “Loan Parties”); THE UNITED STATES DEPARTMENT OF THE TREASURY (the “Lender”); and THE BANK OF NEW YORK MELLON, a New York state chartered bank, as administrative agent for the Lender under the Loan Agreement referred to below (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and as collateral agent for the Secured Parties referred to below (in such capacity, together with its successors in such capacity, the “Collateral Agent”).

AMONG NORTHSTAR REALTY FINANCE LIMITED PARTNERSHIP, as Borrower, NORTHSTAR REALTY FINANCE CORP., as Guarantor,
Guarantee and Security Agreement • October 12th, 2005 • Northstar Realty • Real estate investment trusts • New York
FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • May 17th, 2023 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • New York

FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, dated as of March 31, 2023 (this “Amendment”), by and among Williams Industrial Services Group Inc., a Delaware corporation (“Holdings”), Williams Industrial Services Group, L.L.C., a Delaware limited liability company (“WISG”), Williams Industrial Services, LLC, a Georgia limited liability company (“WISI”), Williams Specialty Services, LLC, a Georgia limited liability company (“WSS”), Williams Plant Services, LLC, a Georgia limited liability company (“WPS”), Williams Global Services, Inc., a Georgia corporation (“Global”), Construction & Maintenance Professionals, LLC, a Georgia limited liability company (“Construction”, and together with Holdings, WISG, WISI, WSS, WPS, Global, Construction, each a “Borrower” and, collectively, “Borrower”), Global Power Professional Services Inc. a Delaware corporation (“Power”), GPEG, LLC, a Delaware limited liability company (“GPEG”), Steam Enterprises LLC, a Delaware limited liability

LOAN AGREEMENT
Guarantee and Security Agreement • September 29th, 2009 • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of the date set forth in Schedule A to the Loan Agreement referred to below (this “Agreement”), among the BORROWER IDENTIFIED ON THE SIGNATURE PAGES HERETO (the “Borrower”); each

364-DAY REVOLVING CREDIT AGREEMENT
Guarantee and Security Agreement • May 10th, 2021 • KKR & Co. Inc. • Investment advice • New York

364-DAY REVOLVING CREDIT AGREEMENT dated as of April 9, 2021 (as further amended or otherwise modified from time to time, this “Agreement”) among KKR CAPITAL MARKETS HOLDINGS L.P., a Delaware limited partnership (“KCMH”), KKR CORPORATE LENDING LLC, a Delaware limited liability company (“KCL U.S.”), KKR CORPORATE LENDING (CA) LLC, a Delaware limited liability company (“KCL C.A.”), KKR CORPORATE LENDING (TN) LLC, a Delaware limited liability company (“KCL T.N.”) and KKR CORPORATE LENDING (UK) LLC, a Delaware limited liability company (“KCL U.K.”; KCMH, KCL U.S., KCL C.A., KCL T.N. and KCL U.K. and any Additional Borrower are collectively referred to herein as the “Borrowers” and individually sometimes as a “Borrower”), each of the Lenders (as defined below), and MIZUHO BANK, LTD., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • October 13th, 2017 • Stellus Capital Investment Corp • New York

GUARANTEE AND SECURITY AGREEMENT dated as of October [ ], 2017 (this “Agreement”), among STELLUS CAPITAL INVESTMENT CORPORATION, a corporation duly organized and validly existing under the laws of the State of Maryland (the “Borrower”); SCIC – ERC Blocker 1, Inc., a Delaware corporation (“ERC”), SCIC – SKP Blocker 1, Inc., a Delaware corporation (“SKP”), SCIC – APE Blocker 1, Inc., a Delaware corporation (“APE”), SCIC – HUF Blocker 1, Inc., a Delaware corporation (“HUF”), SCIC – Hollander Blocker 1, Inc., a Delaware corporation (“Hollander”), SCIC – CC Blocker 1, Inc., a Delaware corporation (“CC”), SCIC – Consolidated Blocker, Inc., a Delaware corporation (“Consolidated”), and SCIC – ASC Blocker 1, Inc., a Delaware corporation (“ASC”), and each entity that becomes a “SUBSIDIARY GUARANTOR” after the date hereof pursuant to Section 7.04 hereof (collectively, together with ERC, SKP, APE, HUF, Hollander, CC, Consolidated, and ASC, the “Subsidiary Guarantors” and, together with the Borrowe

AMENDED AND RESTATED GUARANTEE AND SECURITY AGREEMENT dated as of May 24, 2018 among CLOUD PEAK ENERGY RESOURCES LLC the GUARANTORS party hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent
Guarantee and Security Agreement • May 24th, 2018 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

THIS AMENDED AND RESTATED GUARANTEE AND SECURITY AGREEMENT (“Agreement”) dated as of May 24, 2018 among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (the “Borrower”), the GUARANTORS party hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent.

OMNIBUS AMENDMENT NO. 4
Guarantee and Security Agreement • November 6th, 2018 • TCG Bdc, Inc. • New York

SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of March 21, 2014 (this “Agreement”), among TCG BDC, INC., a Maryland corporation (the “Borrower”), the LENDERS party hereto, and HSBC Bank USA, N.A., as Administrative Agent.

GUARANTEE AND SECURITY AGREEMENT among TWISTBOX ENTERTAINMENT, INC., NEUMEDIA, INC., EACH OF THE SUBSIDIARIES PARTY HERETO, THE INVESTORS PARTY HERETO, and TRINAD CAPITAL MANAGEMENT, LLC, as Collateral Agent Dated as of June 21, 2010
Guarantee and Security Agreement • June 23rd, 2010 • NeuMedia, Inc. • Patent owners & lessors • California

THIS GUARANTEE AND SECURITY AGREEMENT IS SUBJECT TO THE TERMS OF, THE SUBORDINATION AGREEMENT, DATED AS OF JUNE 21, 2010, AS THE SAME MAY BE AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, BY AND AMONG TRINAD CAPITAL MASTER FUND, LTD., AS AGENT, VALUEACT SMALLCAP MASTER FUND, L.P., AS SUBORDINATED CREDITOR, AND EACH OF THE COMPANY AND TWISTBOX ENTERTAINMENT, INC., AS OBLIGOR AND ALL OTHER PARTIES THERETO.

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT
Guarantee and Security Agreement • August 4th, 2014 • TPG Specialty Lending, Inc. • New York

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of June 3, 2014 (this “Amendment”), to the Existing Credit Agreement (capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in Article I) is among TPG SPECIALTY LENDING, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto and SUNTRUST BANK, as Administrative Agent and, for purposes of Article III, as Collateral Agent.

EX-10.2 5 a16-13609_1ex10d2.htm EX-10.2 Execution Version GUARANTEE AND SECURITY AGREEMENT made by LMRK GUARANTOR CO. LLC, as Guarantor in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, as Indenture Trustee Dated as of June 16, 2016 Page SCHEDULES...
Guarantee and Security Agreement • May 5th, 2020 • New York

GUARANTEE AND SECURITY AGREEMENT (this “Agreement”), dated as of June 16, 2016 made by LMRK Guarantor Co. LLC, a Delaware limited liability company (the “Guarantor”), in favor of Deutsche Bank Trust Company Americas, a New York banking corporation, not in its individual capacity but solely as indenture trustee (in such capacity, the “Indenture Trustee”) under the indenture, dated as of June 16, 2016 (as amended, supplemented or otherwise modified from time to time, the “Indenture”), among LMRK Issuer Co. LLC, a Delaware limited liability company (the “Issuer”), LD Acquisition Company 8 LLC, a Delaware limited liability company (“LDAC 8”), LD Acquisition Company 9 LLC, a Delaware limited liability company (“LDAC 9”) and LD Acquisition Company 10 LLC, a Delaware limited liability company (“LDAC 10” and, together with LDAC 8 and LDAC 9, the “Original Asset Entities” and, together with any entity that becomes a party thereto after the date thereof as an “Additional Asset Entity” pursuant t

Contract
Guarantee and Security Agreement • February 24th, 2020 • Alpine 4 Technologies Ltd. • Communications equipment, nec • Idaho
GUARANTEE AND SECURITY AGREEMENT made by FS ENERGY AND POWER FUND and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Collateral Agent dated as of August 16, 2018
Guarantee and Security Agreement • August 22nd, 2018 • FS Energy & Power Fund • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of August 16, 2018 (the “Effective Date”), made by FS ENERGY AND POWER FUND, a Delaware statutory trust (the “Company”), each of BERWYN FUNDING LLC, a Delaware limited liability company, BRYN MAWR FUNDING LLC, a Delaware limited liability company, FOXWOODS FUNDING LLC, a Delaware limited liability company, FSEP TERM FUNDING, LLC, a Delaware limited liability company, EP AMERICAN ENERGY INVESTMENTS, INC., a Delaware corporation, EP ALTUS INVESTMENTS, LLC, a Delaware limited liability company, EP BURNETT INVESTMENTS, INC., a Delaware corporation, EP SYNERGY INVESTMENTS, INC., a Delaware corporation, FS ENERGY INVESTMENTS, LLC, a Delaware limited liability company, FSEP INVESTMENTS, INC., a Delaware corporation, FSEP-BBH, INC., a Delaware corporation and each other subsidiary that becomes a party to this Agreement after the Effective Date (collectively, the “Subsidiary Guarantors”; together with the Company, the “Grantors”), in favor of JPMorgan

AMENDMENT NO. 2 TO FIRST LIEN GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • March 11th, 2010 • First Wind Holdings Inc. • Electric services • New York

This AMENDMENT NO. 2 TO FIRST LIEN GUARANTEE AND SECURITY AGREEMENT (this “Amendment”), dated as of December 22, 2009, is entered into by and among CSSW HOLDINGS, LLC (“CSSW Parent”), CSSW, LLC (“Borrower”, together with CSSW Parent, the “Grantors”, and each individually, a “Grantor”), PIP3PX FIRSTWIND DEBT LTD. and PIP3GV FIRSTWIND DEBT LTD. (together, the “Majority Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (“Collateral Agent”).

FIRST AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • August 11th, 2022 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors

FIRST AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, dated as of June 30, 2022 (this “Amendment”), by and among Williams Industrial Services Group Inc., a Delaware corporation (“Holdings”), Williams Industrial Services Group, L.L.C., a Delaware limited liability company (“WISG”), Williams Industrial Services, LLC, a Georgia limited liability company (“WISI”), Williams Specialty Services, LLC, a Georgia limited liability company (“WSS”), Williams Plant Services, LLC, a Georgia limited liability company (“WPS”), Williams Global Services, Inc., a Georgia corporation (“Global”), Construction & Maintenance Professionals, LLC, a Georgia limited liability company (“Construction”, and together with Holdings, WISG, WISI, WSS, WPS, Global, Construction, each a “Borrower” and, collectively, “Borrower”), Global Power Professional Services Inc. a Delaware corporation (“Power”), GPEG, LLC, a Delaware limited liability company (“GPEG”), Steam Enterprises LLC, a Delaware limited liability c

GUARANTEE AND SECURITY AGREEMENT made by LMRK GUARANTOR CO III LLC, as Guarantor in favor of WILMINGTON TRUST, NATIONAL ASSOCIATION, as Indenture Trustee Dated as of June 6, 2018
Guarantee and Security Agreement • June 12th, 2018 • Landmark Infrastructure Partners LP • Lessors of real property, nec • New York

GUARANTEE AND SECURITY AGREEMENT (this “Agreement”), dated as of June 6, 2018 made by LMRK Guarantor Co III LLC, a Delaware limited liability company (the “Guarantor”), in favor of Wilmington Trust, National Association, not in its individual capacity but solely as indenture trustee (in such capacity, the “Indenture Trustee”) under the indenture, dated as of June 6, 2018 (as amended, supplemented or otherwise modified from time to time, the “Indenture”), among LMRK Issuer Co III LLC, a Delaware limited liability company (the “Issuer”), LMRK PropCo 3 LLC, a Delaware limited liability company (the “Original Asset Entity” and, together with any entity that becomes a party thereto after the date thereof as an “Additional Asset Entity” pursuant to a Joinder Agreement in substantially the form of Exhibit H thereto, the “Asset Entities” and, the Asset Entities and the Issuer, collectively, the “Obligors”), and the Indenture Trustee and is acknowledged and agreed to by the Indenture Trustee.

FIRST AMENDMENT TO GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • March 6th, 2013 • Trans Energy Inc • Crude petroleum & natural gas • New York

This FIRST AMENDMENT TO GUARANTEE AND SECURITY AGREEMENT (this “Amendment”), dated as of February 28, 2013, is by and among TRANS ENERGY, INC., a Nevada corporation (“Holdings”), AMERICAN SHALE DEVELOPMENT, INC., a Delaware corporation (“Borrower”), PRIMA OIL COMPANY, INC., a Delaware corporation (“Prima”), and CHAMBERS ENERGY MANAGEMENT, LP, as the administrative agent for the lenders (in such capacity, the “Agent”) under the Credit Agreement (as defined below).

GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • April 11th, 2003 • Universal Access Global Holdings Inc • Radiotelephone communications • Delaware

each future subsidiary of Parent which is organized under the laws of a jurisdiction within the United States (the Current Subsidiaries and each such future subsidiary, individually and together with each of their respective successors and assigns, a "Subsidiary" and collectively the "Subsidiaries").

THE DOE RUN RESOURCES CORPORATION GUARANTEE AND SECURITY AGREEMENT Dated as of October 29, 2002 REGIMENT CAPITAL ADVISORS, L.L.C., Agent
Guarantee and Security Agreement • June 2nd, 2004 • Doe Run Resources Corp • Metal mining • Massachusetts

This Agreement, dated as of October 29, 2002, is among DR Acquisition Corp., a Missouri corporation (“DRAC”), The Doe Run Resources Corporation, a New York corporation (the “Company”), the Subsidiaries (as defined below) of the Company from time to time party hereto and Regiment Capital Advisors, L.L.C., a Delaware limited liability company, as agent (the “Agent”) for the Lenders (as defined below) under the Credit Agreement (as defined below). The parties agree as follows:

THIRD AMENDMENT TO SENIOR SECURED REVOLVING CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • August 6th, 2024 • Bain Capital Specialty Finance, Inc. • New York

THIS THIRD AMENDMENT TO SENIOR SECURED REVOLVING CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND SECURITY AGREEMENT, dated as of May 20, 2024 (this “Amendment”), is among BAIN CAPITAL SPECIALTY FINANCE, INC., a Delaware corporation (the “Borrower”), solely with respect to Section 7.9, the SUBSIDIARY GUARANTORS party hereto (the “Subsidiary Guarantors”), the LENDERS and ISSUING BANKS party hereto and SUMITOMO MITSUI BANKING CORPORATION (“SMBC”), as Administrative Agent (in such capacity, the “Administrative Agent”) and SMBC, as Collateral Agent (in such capacity, the “Collateral Agent”).

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GUARANTEE AND SECURITY AGREEMENT Dated as of September 28, 2012 among CNO FINANCIAL GROUP, INC., and the SUBSIDIARY GUARANTORS Party Hereto and JPMORGAN CHASE BANK, N.A., as Agent THIS GUARANTEE AND SECURITY AGREEMENT IS SUBJECT TO THE PROVISIONS OF...
Guarantee and Security Agreement • October 1st, 2012 • CNO Financial Group, Inc. • Accident & health insurance • New York

IN WITNESS WHEREOF, the Lien Grantor has caused this Patent Security Agreement to be duly executed by its officer thereunto duly authorized as of the _____ day of _______________.

AMENDMENT AGREEMENT TO A REFINANCING MASTER AGREEMENT AND RATIFICATION OF A GUARANTEE AND SECURITY AGREEMENT In Madrid, on 29 July 2010 BETWEEN
Guarantee and Security Agreement • August 19th, 2010 • Promotora De Informaciones Sa /Fi • Cable & other pay television services • Madrid
GUARANTEE AND SECURITY AGREEMENT made by HC INNOVATIONS, INC. and its Subsidiaries in favor of BRAHMA FINANCE (BVI) LIMITED as Secured Party Dated as of October 19, 2009
Guarantee and Security Agreement • October 22nd, 2009 • HC Innovations, Inc. • Services-health services • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of October 19, 2009, among HC Innovations, Inc., a Delaware corporation (the “Company”), each of the Subsidiaries of the Company identified herein (the Company, such Subsidiaries and any other entity that may become a party hereto pursuant to Section 9.15, together, the “Grantors”), and Brahma Finance (BVI) Limited, a company organized under the laws of the British Virgin Islands (the “Secured Party”).

CREDIT AGREEMENT
Guarantee and Security Agreement • November 10th, 2015 • NMI Holdings, Inc. • Surety insurance • New York

This CREDIT AGREEMENT is entered into as of November 10, 2015, by and among NMI HOLDINGS, INC., a Delaware corporation (together with its successors, the “Company”), the lenders from time to time party to this Agreement (collectively, the “Lenders”; individually, each a “Lender”), and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders.

FIRST AMENDMENT TO GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • June 6th, 2008 • Fifth Street Finance Corp • Illinois

This First Amendment to Guarantee and Security Agreement (herein, the "Amendment") is entered into as of May 1, 2008, by and among FIFTH STREET FINANCE CORP., a Delaware corporation (the "Borrower"), and BANK OF MONTREAL, as Agent.

RECITALS --------
Guarantee and Security Agreement • October 6th, 1998 • Appaloosa Management Lp • Orthopedic, prosthetic & surgical appliances & supplies • New York
OMNIBUS AMENDMENT NO. 5
Guarantee and Security Agreement • August 6th, 2019 • TCG Bdc, Inc. • New York

THIS OMNIBUS AMENDMENT NO. 5, dated as of June 14, 2019 (this “Amendment”), to the Existing Credit Agreement and the Existing Guarantee and Security Agreement (capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in Article I) is among TCG BDC, Inc. (f/k/a CARLYLE GMS FINANCE, INC.), a Maryland corporation (the “Borrower”), the Lenders party hereto, HSBC BANK USA, N.A. (“HSBC”) as existing administrative agent (the “Existing Administrative Agent”), existing collateral agent (the “Existing Collateral Agent”) and existing swingline lender (the “Existing Swingline Lender”) and JPMORGAN CHASE BANK, N.A. (“JPMCB”), as successor administrative agent (as successor to HSBC, in such capacity, the “Successor Administrative Agent”), successor collateral agent (as successor to HSBC, in such capacity, the “Successor Collateral Agent”) and successor swingline lender (as successor to HSBC, in such capacity, the “Successor Swingline Lender”).

GUARANTEE AND SECURITY AGREEMENT dated as of June 25, 2003 among XEROX CORPORATION THE SUBSIDIARY GUARANTORS PARTY HERETO and JPMorgan Chase Bank as Collateral Agent
Guarantee and Security Agreement • June 27th, 2003 • Xerox Corp • Computer peripheral equipment, nec • New York

AGREEMENT dated as of June 25, 2003 (the “Agreement”) among XEROX CORPORATION (“Xerox”), the SUBSIDIARY GUARANTORS party hereto and JPMORGAN CHASE BANK, as Collateral Agent (with its successors, the “Collateral Agent”).

GUARANTEE AND SECURITY AGREEMENT made by DIGITALBRIDGE GUARANTOR, LLC, as Guarantor in favor of CITIBANK, N.A., as Indenture Trustee Dated as of July 9, 2021
Guarantee and Security Agreement • July 15th, 2021 • DigitalBridge Group, Inc. • Real estate investment trusts • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of July 9, 2021 made by DigitalBridge Guarantor, LLC, a Delaware limited liability company (the “Guarantor”), in favor of Citibank, N.A., as indenture trustee (in such capacity, the “Indenture Trustee”) on behalf of the Secured Parties under the Base Indenture, dated as of July 9, 2021 (as amended, supplemented or otherwise modified from time to time, the “Indenture”), among DigitalBridge Issuer, LLC, a Delaware limited liability company (the “Issuer”), DigitalBridge Co-Issuer, LLC, a Delaware limited liability company (the “Co-Issuer” and, together with the Issuer, the “Co-Issuers”), DigitalBridge Holdings 1, LLC, a Delaware limited liability company (the “Holdings 1”), DigitalBridge Holdings 2, LLC, a Delaware limited liability company (the “Holdings 2”), DigitalBridge Holdings 3, LLC, a Delaware limited liability company (the “Holdings 3” and, together with Holdings 1 and Holdings 2, the “Closing Date Asset Entities”); collectively with any

AMENDMENT NO. 1 TO FIRST LIEN GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • March 11th, 2010 • First Wind Holdings Inc. • Electric services • New York

This AMENDMENT NO. 1 TO FIRST LIEN GUARANTEE AND SECURITY AGREEMENT (this “Amendment”), dated as of November 12, 2009, is entered into by and among CSSW HOLDINGS, LLC (“CSSW Parent”), CSSW, LLC (“Borrower”, together with CSSW Parent, the “Grantors”, and each individually, a “Grantor”), PIP3PX FIRSTWIND DEBT LTD. and PIP3GV FIRSTWIND DEBT LTD. (together, the “Majority Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (“Collateral Agent”).

GUARANTEE AND SECURITY AGREEMENT dated as of June 30, 2005 between CAPITALSOURCE FUNDING V TRUST, as Borrower JPMORGAN CHASE BANK, N.A., as Administrative Agent and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Custodian
Guarantee and Security Agreement • July 7th, 2005 • Capitalsource Inc • Finance lessors • New York

GUARANTEE AND SECURITY AGREEMENT dated as of June 30, 2005, between CAPITALSOURCE FUNDING V TRUST, a statutory trust duly organized and validly existing under the laws of the State of Delaware (the “Borrower”); each entity that becomes a “SUBSIDIARY GUARANTOR” after the date hereof pursuant to Section 5.03 hereof (collectively, the “Subsidiary Guarantors” and, together with the Borrower, the “Credit Parties”); JPMORGAN CHASE BANK, N.A., as administrative agent for the parties defined as “Lenders” under the Credit Agreement referred to below (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral custodian for the Administrative Agent (in such capacity, together with its successors in such capacity, the “Collateral Custodian”).

AMENDMENT NO. 1 TO THE GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • March 4th, 2010 • Conseco Inc • Accident & health insurance • New York

AMENDMENT NO. 1 TO THE GUARANTEE AND SECURITY AGREEMENT (this “Amendment”), dated as of February 2, 2010, by and among CONSECO, INC., a Delaware corporation (the “Borrower”), the lenders signatory hereto and Wilmington Trust FSB, as administrative agent (the “Agent”) for the Lenders.

AMENDMENT NO. 1 TO THE TERM LOAN, GUARANTEE AND SECURITY AGREEMENT
Guarantee and Security Agreement • June 25th, 2012 • Nts, Inc. • Communications services, nec • New York

This AMENDMENT NO. 1, dated as of June 22, 2012 (this “Amendment”) to the Term Loan, Guarantee and Security Agreement dated as of October 6, 2011 as amend by that certain Amended & Restated Consent, Waiver & Amendment Agreement dated as of November 1, 2011 (as so amended, the “Existing Credit Agreement”, and as amended by this Amendment and as the same may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) is agreed among NTS INC. (f/k/a Xfone, Inc.), a Nevada corporation, XFONE USA, INC., a Mississippi corporation, NTS COMMUNICATIONS, INC., a Texas corporation, GULF COAST UTILITIES, INC., a Mississippi corporation, EXPETEL COMMUNICATIONS, INC., a Mississippi corporation, NTS CONSTRUCTION COMPANY, a Texas corporation, GAREY M. WALLACE COMPANY, INC., a Texas corporation, MIDCOM OF ARIZONA, INC., an Arizona corporation, COMMUNICATIONS BROKERS, INC., a Texas corporation, and NTS MANAGEMENT COMPANY, LLC, a Texas limited liability company (coll

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