EX-10.1 2 dex101.htm INCREMENTAL COMMITMENT AGREEMENT Execution Version INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • May 5th, 2020 • New York
This INCREMENTAL COMMITMENT AGREEMENT, dated as of May 10, 2011 (this “Incremental Agreement”), by and among METROPCS WIRELESS, INC., a Delaware corporation (the “Borrower”), the Guarantors, the financial institutions signatory hereto (the “Incremental Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity and together with its successors in such capacity, the “Administrative Agent”).
INCREMENTAL COMMITMENT AGREEMENT dated as of August 11, 2015, made by the INCREASING lenders party hereto, as Increasing Lenders relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of May 8, 2014, among ALCENTRA CAPITAL CORPORATION, as...Incremental Commitment Agreement • August 12th, 2015 • Alcentra Capital Corp • New York
INCREMENTAL COMMITMENT AGREEMENT (this “Agreement”), dated as of August 11, 2015 and effective as of the Effective Date, by and among ALCENTRA CAPITAL CORPORATION (the “Borrower”), ALCENTRA BDC EQUITY HOLDINGS, LLC (the “Subsidiary Guarantor”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and each of the banks and other financial institutions listed on Schedule 1 hereto, as increasing lenders (each an “Increasing Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of May 8, 2014 (as amended by that certain Amendment No. 1 to Credit Agreement, dated as of December 19, 2014, that certain Amendment No. 2 to Credit Agreement, dated as of January 13, 2015, that certain Amendment No. 3 to Credit Agreement, dated as of the date hereof and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the several banks and other financial inst
FIRST AMENDMENT AND INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • September 21st, 2015 • American Midstream Partners, LP • Natural gas transmission • New York
THIS FIRST AMENDMENT AND INCREMENTAL COMMITMENT AGREEMENT (this “Amendment”) dated as of September 18, 2015, is by and among AMERICAN MIDSTREAM, LLC, a Delaware limited liability company (the “AMID Borrower”), BLACKWATER INVESTMENTS, INC., a Delaware corporation (the “Blackwater Borrower” and together with the AMID Borrower, the “Borrowers”), AMERICAN MIDSTREAM PARTNERS, LP, a Delaware limited partnership (“Parent”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the lenders party to the Credit Agreement referred to below (the “Existing Lenders”), and the other several banks and other financial institutions signatories hereto (the “New Lenders”).
INCREMENTAL COMMITMENT AGREEMENT Whitebox Credit Arbitrage Partners, LP, Pandora Select Partners, LP and Whitebox Multi-Strategy Partners, LPIncremental Commitment Agreement • November 8th, 2012 • Endeavour International Corp • Crude petroleum & natural gas • New York
INCREMENTAL COMMITMENT AGREEMENT NORDEA BANK FINLAND PLC, NEW YORK BRANCHIncremental Commitment Agreement • July 25th, 2013 • Atwood Oceanics Inc • Drilling oil & gas wells • New York
Reference is hereby made to that certain Credit Agreement, dated as of May 6, 2011, as amended as of November 23, 2011, as further amended on January 18, 2012 and as further amended on August 24, 2012, among Atwood Oceanics, Inc., a Texas corporation (the “Parent”), Atwood Offshore Worldwide Limited, a company formed under the laws of the Cayman Islands (the “Borrower”), the lenders from time to time party thereto (the “Lenders”) and Nordea Bank Finland plc, New York Branch, as Administrative Agent (in such capacity, the “Administrative Agent”) (as may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.
INCREMENTAL COMMITMENT AGREEMENT NO. 1Incremental Commitment Agreement • May 6th, 2020 • IAA, Inc. • Retail-auto dealers & gasoline stations • New York
This INCREMENTAL COMMITMENT AGREEMENT NO. 1, dated as of May 1, 2020 (this “Agreement”), is entered into by and among each undersigned existing Lender and each undersigned Additional Lender, in each case with First Incremental Revolving Commitments as contemplated herein (each, an “Incremental Revolving Loan Lender” and collectively, the “Incremental Revolving Loan Lenders”), IAA, INC., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
INCREMENTAL COMMITMENT AGREEMENT (TRANCHE C TERM FACILITY)Incremental Commitment Agreement • November 9th, 2012 • Avis Budget Group, Inc. • Services-auto rental & leasing (no drivers) • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of August 15, 2012 (this “Agreement”), among AVIS BUDGET HOLDINGS, LLC (“Holdings”), AVIS BUDGET CAR RENTAL, LLC (the “Borrower”), the Tranche C Term Lenders (as defined below) and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”). J.P. MORGAN SECURITIES LLC, BANK OF AMERICA MERRILL LYNCH, BARCLAYS CAPITAL and DEUTSCHE BANK SECURITIES are acting as joint lead arrangers and bookrunners in connection with the Tranche C Term Loans referred to below.
INCREMENTAL COMMITMENT AGREEMENT dated as of April 25, 2020, made by THE INCREASING LENDER PARTY HERETO, as Increasing Lender, relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of May 6, 2019, among SPECIAL VALUE...Incremental Commitment Agreement • April 28th, 2020 • BlackRock TCP Capital Corp. • New York
INCREMENTAL COMMITMENT AGREEMENT (this “Agreement”), dated as of April 25, 2020 and effective as of the Effective Date (as defined below), by and among SPECIAL VALUE CONTINUATION PARTNERS LLC, a Delaware limited liability company (the “Borrower”), 36th STREET CAPITAL PARTNERS HOLDINGS, LLC, a Delaware limited liability company (the “Subsidiary Guarantor”), ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), and City National Bank, N.A., as increasing lender (the “Increasing Lender”), relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of May 6, 2019 (as amended by Amendment No. 1 to Amended & Restated Senior Secured Revolving Credit Agreement, dated as of April 9, 2020, Amendment No. 2 to Amended & Restated Senior Secured Revolving Credit Agreement, dated as of April 17, 2020, and as the same may be further amended, restated, supplemented or otherwise modified from time to time, the “Credi
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • April 30th, 2012 • Vanguard Health Systems Inc • Hospital & medical service plans • New York
Reference is hereby made to the Credit Agreement, dated as of January 29, 2010 (as amended from time to time, the “Credit Agreement,” capitalized terms defined therein being used herein as therein defined), among Vanguard Health Holding Company I, LLC, Vanguard Health Holding Company II, LLC (the “Borrower”), the lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, and the other parties thereto.
INCREMENTAL COMMITMENT AGREEMENT dated as of August 9, 2012, among WATERS CORPORATION, as Borrower, The Subsidiary Guarantors Party Hereto, The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent MERRILL LYNCH, PIERCE, FENNER &...Incremental Commitment Agreement • November 2nd, 2012 • Waters Corp /De/ • Laboratory analytical instruments • New York
INCREMENTAL COMMITMENT AGREEMENT dated as of August 9, 2012 (this “Agreement”), among WATERS CORPORATION, a Delaware corporation (the “Company”), the Subsidiary Guarantors party hereto, the INCREMENTAL REVOLVING LENDERS (as defined below) party hereto and JPMorgan Chase Bank, N.A. (“JPMCB”), in its capacity as Administrative Agent under the Credit Agreement referred to below.
INCREMENTAL COMMITMENT AGREEMENT dated as of July 25, 2024, made by FIDUS INVESTMENT CORPORATION, as Borrower and THE SUBSIDIARY GUARANTORS PARTY HERETO each as a Subsidiary Guarantor and THE INCREASING LENDERS PARTY HERETO, each as an Increasing...Incremental Commitment Agreement • July 26th, 2024 • FIDUS INVESTMENT Corp • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of July 25, 2024 (this “Agreement”), among FIDUS INVESTMENT CORPORATION, a Maryland corporation (the “Borrower”), each of the Subsidiary Guarantors party hereto (each a “Subsidiary Guarantor”, and collectively, the “Subsidiary Guarantors”) and ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), and the financial institutions listed on Schedule 1 hereto, as increasing lenders (collectively, the “Increasing Lenders” and each an “Increasing Lender”), relating to the AMENDED & RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the Lenders from time to time party thereto.
INCREMENTAL COMMITMENT AGREEMENT dated as of December 10, 2020, made by TEXAS CAPITAL BANK, N.A. as Increasing Lender, relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of December 21, 2018, among CAPITAL...Incremental Commitment Agreement • December 10th, 2020 • Capital Southwest Corp • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of December 10, 2020 (this “Assumption Agreement”), by and among CAPITAL SOUTHWEST CORPORATION, a Texas corporation (the “Borrower”), CAPITAL SOUTHWEST EQUITY INVESTMENTS, INC., a Delaware corporation (“CSWE”), and CAPITAL SOUTHWEST MANAGEMENT CORPORATION, a Nevada corporation (“CSWM”, and together with CSWE, each a “Subsidiary Guarantor”, and, collectively, the “Subsidiary Guarantors”), ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”) and as Issuing Bank (in such capacity, the “Issuing Bank”), and TEXAS CAPITAL BANK, N.A. (the “Increasing Lender”), relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of December 21, 2018 (as amended by Amendment No. 1 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of December 10, 2020, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • March 21st, 2012 • Toys R Us Inc • Retail-hobby, toy & game shops • New York
Reference is hereby made to the Syndicated Facility Agreement, dated as of October 15, 2009 and amended and restated as of March 8, 2011, among Toys “R” Us Europe, LLC (the “European Parent Guarantor”), TRU Australia Holdings, LLC (the “Australian Parent Guarantor”), Toys “R” Us (UK) Limited (the “UK Holdco”), Toys “R” Us Limited (“Toys UK” and together with the UK Holdco, the “U.K. Borrowers”), Toys “R” Us (Australia) Pty Ltd (ABN 77 057 455 026), the “Australian Borrower”), Toys “R” Us GmbH (the “German Borrower”), Toys “R” Us SARL (the “French Borrower”), Toys “R” Us Iberia, SA (the “Spanish Borrower” and, together with the U.K. Borrowers, Australian Borrower, German Borrower and French Borrower, collectively, the “Borrowers”), the Lenders party thereto from time to time, Deutsche Bank AG New York Branch, as Administrative Agent and Security Agent, Deutsche Bank AG New York Branch and Bank of America, N.A., as Co-Collateral Agents and the other Agents party thereto from time to time
INCREMENTAL COMMITMENT AGREEMENT dated as of September 24, 2012, among AETNA INC., as Borrower, The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative AgentIncremental Commitment Agreement • September 27th, 2012 • Aetna Inc /Pa/ • Hospital & medical service plans • New York
INCREMENTAL COMMITMENT AGREEMENT dated as of September 24, 2012 (this “Agreement”), among AETNA INC., a Pennsylvania corporation (the “Borrower”), the AUGMENTING LENDERS (as defined below) and other Lenders party hereto and JPMorgan Chase Bank, N.A. (“JPMCB”), in its capacity as Agent under the Credit Agreement referred to below.
SECOND INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • December 23rd, 2004 • Ameristar Casinos Inc • Services-miscellaneous amusement & recreation • New York
Reference is hereby made to the Credit Agreement, dated as of December 20, 2000 (as amended, modified or supplemented from time to time, the “Credit Agreement”), among Ameristar Casinos, Inc. (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as Administrative Agent (the “Administrative Agent”). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • July 9th, 2014 • EnerSys • Wholesale-electrical apparatus & equipment, wiring supplies • New York
Reference is hereby made to the Credit Agreement, dated as of March 29, 2011, among EnerSys (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), Wells Fargo Bank, National Association, as Syndication Agent, RB International Finance (USA) LLC and PNC Bank, National Association, as Co-Documentation Agents and Co-Managers, and Bank of America, N.A., as Administrative Agent (the “Administrative Agent”) (as amended, modified and/or supplemented from time to time, the “Credit Agreement”). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.
INCREMENTAL COMMITMENT AGREEMENT Deutsche Bank Trust Company Americas Barclays Bank PLC The Royal Bank of Scotland PLC SunTrust Bank Wells Fargo Bank, N.A. JP Morgan Chase Bank, N.A. PNC Bank, N.A. Capital One, N.A. Comerica Bank Flagstar Bank, FSB...Incremental Commitment Agreement • December 19th, 2011 • CVR Energy Inc • Petroleum refining • New York
Reference is hereby made to the ABL Credit Agreement, dated as of February 22, 2011, among Coffeyville Pipeline, Inc., Coffeyville Refining & Marketing, Inc., Coffeyville Nitrogen Fertilizers, Inc., Coffeyville Crude Transportation, Inc., Coffeyville Terminal, Inc., CL JV Holdings, LLC, Coffeyville Resources, LLC (the “Company”), Coffeyville Resources Refining & Marketing, LLC, Coffeyville Resources Pipeline, LLC, Coffeyville Resources Crude Transportation, LLC, Coffeyville Resources Terminal, LLC, certain other Subsidiaries of the Holding Companies and the Company from time to time party thereto, the lenders from time to time party thereto, Deutsche Bank Trust Company Americas, JPMorgan Chase Bank, N.A. and Wells Fargo Capital Finance, LLC, as Co-ABL Collateral Agents, and Deutsche Bank Trust Company Americas, as Administrative Agent and Collateral Agent (as amended, restated, modified or supplemented from time to time, the “Credit Agreement”). Unless otherwise defined herein, capital
INCREMENTAL COMMITMENT AGREEMENT Ally Bank BMO Harris Bank N.A. Sumitomo Mitsui Banking Corporation ING Capital LLC Signature Bank Webster Business Credit Corporation Branch Banking and Trust Company JPMorgan Chase Bank, N.A.Incremental Commitment Agreement • December 22nd, 2017 • REV Group, Inc. • Motor vehicles & passenger car bodies • New York
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • August 8th, 2012 • Avis Budget Group, Inc. • Services-auto rental & leasing (no drivers) • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of June 1, 2012 (this “Agreement”), among AVIS BUDGET HOLDINGS, LLC (“Holdings”), AVIS BUDGET CAR RENTAL, LLC (the “Borrower”), KBC Bank N.V. (the “Incremental Lender”) and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”).
INCREMENTAL COMMITMENT AGREEMENT dated as of December 19, 2014, made by THE INCREASING LENDER PARTY HERETO, as the Increasing Lender relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of June 16, 2014, among FIDUS INVESTMENT...Incremental Commitment Agreement • December 22nd, 2014 • FIDUS INVESTMENT Corp • New York
INCREMENTAL COMMITMENT AGREEMENT (this “Agreement”), dated as of December 19, 2014 and effective as of the Effective Date, by and among FIDUS INVESTMENT CORPORATION (the “Borrower”), FIDUS INVESTMENT HOLDINGS, INC. (the “Subsidiary Guarantor”) ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”), and the financial institution listed on Schedule 1 hereto, as the increasing lender (the “Increasing Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of June 16, 2014 (as may be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • December 11th, 2014 • Mobile Mini Inc • Fabricated plate work (boiler shops) • New York
INCREMENTAL COMMITMENT AGREEMENT Deutsche Bank Trust Company Americas Flagstar Bank, FSBIncremental Commitment Agreement • February 8th, 2012 • Accuride Corp • Motor vehicle parts & accessories • New York
Reference is hereby made to the ABL Credit Agreement, dated as of July 29, 2010, among Accuride Corporation (“Borrower”), each U.S. Subsidiary of the Borrower set forth on the signature pages thereto (together with the Borrower and any other entity that becomes a Co-Borrower pursuant to a joinder agreement, collectively, the “Co-Borrowers” and each, a “Co-Borrower”), the lenders from time to time party thereto (the “Lenders”), Deutsche Bank Securities Inc. (“DBSI”) and Credit Suisse Securities (USA) LLC (“Credit Suisse”) as joint lead arrangers and joint book runners (in such capacity, the “Lead Arrangers”) for the Lender Parties, Deutsche Bank Trust Company Americas (“DBTCA”), as administrative agent and security agent for the Secured Parties (in such capacity, the “Administrative Agent”), DBTCA, SunTrust Bank and Wells Fargo Capital Finance, LLC as co-collateral agents (in such capacity, collectively the “Co-Collateral Agents” and each a “Co-Collateral Agent”), Credit Suisse, as synd
INCREMENTAL COMMITMENT AGREEMENT dated as of December 28, 2020, made by OAKTREE SPECIALTY LENDING CORPORATION as Borrower THE INCREASING LENDER PARTY HERETO, as Increasing Lender, and ING CAPITAL LLC as Administrative Agent and Issuing Bank relating...Incremental Commitment Agreement • December 29th, 2020 • Oaktree Specialty Lending Corp • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of December 28, 2020 (this “Agreement”), among OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Borrower”), OCSL SRNE, LLC, a Delaware limited liability company, FSFC Holdings, Inc., a Delaware corporation, ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent and Issuing Bank, and the financial institution listed on Schedule 1 hereto, as increasing lender (in such capacity, the “Increasing Lender”), relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of February 25, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the Lenders from time to time party thereto.
INCREMENTAL COMMITMENT AGREEMENT dated as of May 11, 2022, made by CAPITAL SOUTHWEST CORPORATION, as Borrower, CAPITAL SOUTHWEST EQUITY INVESTMENTS, INC, as a Subsidiary Guarantor, THE INCREASING LENDERS PARTY HERETO, as Increasing Lenders, and ING...Incremental Commitment Agreement • May 12th, 2022 • Capital Southwest Corp • New York
INCREMENTAL COMMITMENT AGREEMENT, dated as of May 11, 2022 (this “Agreement”), among CAPITAL SOUTHWEST CORPORATION, a Texas corporation (the “Borrower”), CAPITAL SOUTHWEST EQUITY INVESTMENTS, INC., a Delaware corporation, ING CAPITAL LLC (“ING”), in its capacity as Administrative Agent and Issuing Bank, and the financial institutions listed on Schedule 1 hereto, as increasing lenders (each in such capacity, an “Increasing Lender”), relating to the SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of August 9, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the Lenders from time to time party thereto.
INCREMENTAL COMMITMENT AGREEMENTIncremental Commitment Agreement • November 19th, 2007 • RCN Corp /De/ • Telephone communications (no radiotelephone) • New York
Reference is hereby made to the Credit Agreement, dated as of May 25, 2007 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), among RCN Corporation (the “Borrower or “you”), the lenders from time to time party thereto (the “Lenders”) and Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, together with any successor administrative agent, the “Administrative Agent”). Unless otherwise defined herein, capitalized terms used herein shall have the meanings set forth in the Credit Agreement.
INCREMENTAL COMMITMENT AGREEMENT Bank of America, N.A. KeyBank National Association Comerica Bank Regions Bank Bank of Arizona N.A. Capital One Leverage Finance Corp.Incremental Commitment Agreement • March 27th, 2008 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
Ahern Rentals, Inc., as Borrower under the Loan and Security Agreement referred to below 4241 S. Arville Street Las Vegas, Nevada 89103 Attention: Chief Financial Officer
INCREMENTAL COMMITMENT AGREEMENT dated as of June 11, 2018, made by ING CAPITAL LLC, as Increasing Lender relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of July 14, 2017, among CORPORATE CAPITAL TRUST II, as Borrower, The Lenders...Incremental Commitment Agreement • June 13th, 2018 • Corporate Capital Trust II • New York
INCREMENTAL COMMITMENT AGREEMENT (this “Agreement”), dated as of June 11, 2018 and effective as of the Effective Date (as defined below), by and among CORPORATE CAPITAL TRUST II (the “Borrower”), ING CAPITAL LLC, in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), and ING CAPITAL LLC, as increasing lender (in such capacity, the “Increasing Lender”), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of July 14, 2017 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.
