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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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”).

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
FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • October 13th, 2009 • 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).

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).

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”).

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”).

THIRD AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 7th, 2004 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia

THIS THIRD AMENDMENT TO LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of January 27, 2004, by and among AARON RENTS, INC., a Georgia corporation (the “Sponsor”), the several banks and other financial institutions from time to time party hereto (collectively, the “Participants”) and SUNTRUST BANK, in its capacity as servicer (the “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”).

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).

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).

FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • December 19th, 2012 • Aaron's Inc • Services-equipment rental & leasing, nec • Georgia

THIS FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (this “Amendment”), is made and entered into as of December 13, 2012, 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”).

AMENDMENT NO. 2 TO LOAN FACILITY AGREEMENT AND GUARANTY
Loan Facility Agreement and Guaranty • May 13th, 2003 • Aaron Rents Inc • Services-equipment rental & leasing, nec • Georgia

With respect to the financial covenants set forth below in I and II, which are calculated based upon the Opening Date of a store location, the financial information from store locations that have not reached the Opening Date anniversary incorporated into such covenants shall be excluded from such calculations. [Debt attributable to such locations and deducted from the final calculations shall be deducted on a pro rata basis calculated by dividing such stores’ aggregate Net Book Value of Merchandise by the Net Book Value of Merchandise for all store locations.] The financial covenants shall otherwise be calculated on a consolidated basis as to all store locations.

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