Loan Facility Agreement and Guaranty Sample Contracts

WITNESSETH:
Loan Facility Agreement and Guaranty • November 8th, 2005 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia
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SECOND AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • February 26th, 2024 • Aaron's Company, Inc. • Services-equipment rental & leasing, nec • New York
AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY by and among RUBY TUESDAY, INC., BANK OF AMERICA, N.A., as Servicer AMSOUTH BANK, as Documentation Agent SUNTRUST BANK, as Co-Syndication Agent WACHOVIA BANK N.A., as Co-Syndication Agent and...
Loan Facility Agreement and Guaranty • October 13th, 2009 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (the “Agreement”) made as of this 19th day of November, 2004 by and among RUBY TUESDAY, INC., a Georgia corporation having its principal place of business and chief executive office at 150 W. Church Avenue, Maryville, Tennessee 37801 (“Sponsor”), BANK OF AMERICA, N.A. (“Bank of America”) and each of the other lending institutions listed on the signature pages hereto (Bank of America, such lenders, together with any assignees thereof becoming “Participants” pursuant to the terms of this Agreement, the “Participants”), BANK OF AMERICA, N.A., a national banking association as Servicer and agent for the Participants (in such capacity, the “Servicer”), AMSOUTH BANK as Documentation Agent for the Participants (in such capacity, the “Documentation Agent”), and SUNTRUST BANK and WACHOVIA BANK N.A., both as Co-Syndication Agent for the Participants (in such capacity, the “Co-Syndication Agents”).

EX-10.(II) 6 a05-13926_1ex10dii.htm EX-10.(II) THIRD AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 5th, 2020 • Georgia

THIS THIRD AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of July 27, 2005, by and among AARON RENTS, INC., a Georgia corporation (“Sponsor”), SUNTRUST BANK (“SunTrust”) and each of the other lending institutions listed on the signature pages hereto (SunTrust and such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

THIRD AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • January 10th, 2008 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated as of November 30, 2007 (the “Amendment”) is entered into among Ruby Tuesday, Inc., a Georgia corporation (the “Sponsor”), the Guarantors, the Participants party hereto and Bank of America, N.A., as servicer and agent for the Participants (in such capacity, the “Servicer”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • October 25th, 2018 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated October 23, 2018 (this “Amendment”) is entered into among Aaron’s, Inc., a Georgia corporation (the “Sponsor”), the Guarantors, the Participants party hereto and SunTrust Bank, as Servicer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • July 8th, 2011 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this "Amendment”), is made and entered into as of July 1, 2011, by and among AARON’S, INC., a Georgia corporation (“Sponsor”), each of the lending institutions listed on the signature pages hereto (such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 24th, 2011 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia
FOURTH AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • March 15th, 2006 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia

THIS FOURTH AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of February 27, 2006, by and among AARON RENTS, INC., a Georgia corporation (“Sponsor”), SUNTRUST BANK (“SunTrust”) and each of the other lending institutions listed on the signature pages hereto (SunTrust and such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • January 16th, 2004 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Seventh Amendment”) dated as of October 7, 2003, by and among RUBY TUESDAY, INC., a Georgia corporation (the “Sponsor”), each of the financial institutions listed on the signature pages hereto (the “Participants”), and BANK OF AMERICA, N.A., in its capacity as Servicer and as administrative agent for the Participants under the Loan Facility Agreement (as hereinafter defined) (in such capacity the “Servicer”).

SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • August 15th, 2003 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Sixth Amendment”) dated as of April 30 2003, by and among RUBY TUESDAY, INC., a Georgia corporation (the “Sponsor”), each of the financial institutions listed on the signature pages hereto (the “Participants”), SUNTRUST BANK, in its capacity as the existing Servicer for the Participants under the Loan Facility Agreement (as hereinafter defined) (in such capacity the “Existing Servicer”) and as Co-Syndication Agent, and BANK OF AMERICA, N.A., in its capacity as the successor Servicer and as administrative agent for the Participants under the Loan Facility Agreement (the “Successor Servicer”).

FIFTH AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 7th, 2007 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia

THIS FIFTH AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of February 27, 2007, by and among AARON RENTS, INC., a Georgia corporation (“Sponsor”), SUNTRUST BANK (“SunTrust”) and each of the other lending institutions listed on the signature pages hereto (SunTrust and such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY by and among RUBY TUESDAY, INC.,
Loan Facility Agreement and Guaranty • October 21st, 1998 • Ruby Tuesday Inc • Retail-eating places • Georgia
SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY by and among AARON’S, INC., SUNTRUST BANK, as Servicer and EACH OF THE PARTICIPANTS PARTY HERETO Dated as of June 18, 2010
Loan Facility Agreement and Guaranty • June 24th, 2010 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (the “Agreement”) made as of this 18th day of June, 2010, by and among AARON’S, INC., a Georgia corporation having its principal place of business and chief executive office at 1100 Aaron Building, 309 East Paces Ferry Road, N.E., Atlanta, Georgia 30305 (“Sponsor”), SUNTRUST BANK (“SunTrust”) and each of the other lending institutions listed on the signature pages hereto (SunTrust, such lenders, together with any assignees thereof becoming “Participants” pursuant to the terms of this Agreement, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • April 15th, 2003 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Fifth Amendment”) dated as of March 31, 2003, by and among RUBY TUESDAY, INC., a Georgia corporation (the “Sponsor”), each of the financial institutions listed on the signature pages hereto (the “Participants”) and SUNTRUST BANK, in its capacity as Servicer for the Participants under the Loan Facility Agreement (as hereinafter defined) (in such capacity the “Servicer”).

FIRST AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • September 14th, 2006 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated as of September 8, 2006 (the “Amendment”) is entered into among Ruby Tuesday, Inc., a Georgia corporation (the “Sponsor”), the Participants party hereto and Bank of America, N.A., as servicer and agent for the Participants (in such capacity, the “Servicer”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 22nd, 2008 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated as of May 21, 2008 (the “Agreement”) is entered into among Ruby Tuesday, Inc., a Georgia corporation (the “Sponsor”), the Guarantors, the Participants party hereto and Bank of America, N.A., as servicer and agent for the Participants (in such capacity, the “Servicer”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • December 18th, 2013 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of December 12, 2013, by and among AARON’S, INC., a Georgia corporation (“Sponsor”), each of the lending institutions listed on the signature pages hereto (such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

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FIRST AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • March 1st, 2023 • Aaron's Company, Inc. • Services-equipment rental & leasing, nec

THIS FIRST AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY, dated as of February 23, 2023 (this “Amendment”), is entered into among Aaron’s, LLC, a Georgia limited liability company (the “Sponsor”), the Aaron’s Company, Inc., a Georgia corporation (“Holdings”), the Guarantors party hereto, the Participants party hereto and Truist Bank, as Servicer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Amended Loan Facility Agreement (as defined below).

FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • February 22nd, 2013 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS LOAN AGREEMENT (this “Agreement”) dated as of , is made between (“Borrower”), a [incorporated]/[formed]under the laws of , and SUNTRUST BANK (“Bank”), a Georgia banking corporation having its principal office in Atlanta, Georgia.

FOURTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • February 20th, 2020 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS FOURTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated February 19, 2020 (this “Amendment”) is entered into among Aaron’s, Inc., a Georgia corporation (the “Sponsor”), the Guarantors, the Participants party hereto and Truist Bank (successor by merger to SunTrust Bank), as Servicer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY by and among AARON RENTS, INC., SUNTRUST BANK, as Servicer and EACH OF THE PARTICIPANTS PARTY HERETO Dated as of May 23, 2008
Loan Facility Agreement and Guaranty • May 30th, 2008 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia

THIS AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (the “Agreement”) made as of this 23rd day of May, 2008, by and among AARON RENTS, INC., a Georgia corporation having its principal place of business and chief executive office at 1100 Aaron Building, 309 East Paces Ferry Road, N.E., Atlanta, Georgia 30305 (“Sponsor”), SUNTRUST BANK (“SunTrust”) and each of the other lending institutions listed on the signature pages hereto (SunTrust, such lenders, together with any assignees thereof becoming “Participants” pursuant to the terms of this Agreement, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • October 16th, 2019 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated October 11, 2019 (this “Amendment”) is entered into among Aaron’s, Inc., a Georgia corporation (the “Sponsor”), the Guarantors, the Participants party hereto and SunTrust Bank, as Servicer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

LOAN FACILITY AGREEMENT AND GUARANTY by and among RUBY TUESDAY, INC.,
Loan Facility Agreement and Guaranty • October 14th, 1997 • Ruby Tuesday Inc • Retail-eating places • Georgia
SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • October 15th, 2013 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of October 8, 2013, by and among AARON’S, INC., a Georgia corporation (“Sponsor”), each of the lending institutions listed on the signature pages hereto (such lenders, the “Participants”) and SUNTRUST BANK, a banking corporation organized and existing under the laws of Georgia having its principal office in Atlanta, Georgia, as Servicer (in such capacity, the “Servicer”).

SECOND AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • March 5th, 2007 • Ruby Tuesday Inc • Retail-eating places • Georgia

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated as of February 28, 2007 (the “Amendment”) is entered into among Ruby Tuesday, Inc., a Georgia corporation (the “Sponsor”), the Participants party hereto and Bank of America, N.A., as servicer and agent for the Participants (in such capacity, the “Servicer”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).

FIRST AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 29th, 2009 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia
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