THIRD AMENDMENT TO CERTAIN OPERATIVE AGREEMENTSOperative Agreements • February 25th, 2005 • West Corp • Services-business services, nec • North Carolina
THIRD AMENDMENT TO CERTAIN OPERATIVE AGREEMENTSOperative Agreements • September 27th, 2021 • Big Lots Inc • Retail-variety stores • New York
THIS THIRD AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS (this “Amendment”) dated as of September 22, 2021 is by and among AVDC, INC., an Ohio corporation (the “Construction Agent” or “Lessee”); the various entities which are parties to the Participation Agreement (hereinafter defined) from time to time as guarantors (individually, a “Guarantor” and collectively, the “Guarantors”); WACHOVIA SERVICE CORPORATION, a Delaware corporation (the “Lessor”); the various banks and other lending institutions which are parties to the Participation Agreement from time to time as lease participants (individually, a “Lease Participant” and collectively, the “Lease Participants”); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the agent for the Lessor Parties and, respecting the Security Documents, as the agent for the Secured Parties (in such capacity, the “Agent”).
Appendix A RULES OF USAGE AND DEFINITIONS The following rules of usage shall apply to this Appendix A and the Operative Agreements (and each appendix, schedule, exhibit and annex to the foregoing) unless otherwise required by the context or unless...Operative Agreements • December 10th, 1997 • Borders Group Inc • Retail-miscellaneous shopping goods stores
FIRST AMENDMENT TO CERTAIN OPERATIVE AGREEMENTSOperative Agreements • May 13th, 2005 • Cypress Semiconductor Corp /De/ • Semiconductors & related devices • New York
THIS FIRST AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS dated as of March 28, 2005 (this “Amendment”) is by and among CYPRESS SEMICONDUCTOR CORPORATION, a Delaware corporation (the “Lessee”); WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation, (the “Lessor”); the various financial institutions and other institutional investors which are parties hereto from time to time as holders of the Credit Notes (individually, a “Credit Lender” and collectively, the “Credit Lenders”); the various financial institutions and other institutional investors, which are parties hereto from time to time as Mortgage Lenders (individually, a “Mortgage Lender” and collectively, the “Mortgage Lenders”) (the Lessor, each Credit Lender and each Mortgage Lender may be referred to individually as a “Primary Financing Party” and collectively as the “Primary Financing Parties”); and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as the agent for the Primary Financing Parties and respec
AMENDMENT NO. 1 TO CERTAIN OPERATIVE AGREEMENTSOperative Agreements • April 27th, 2011 • Convergys Corp • Services-computer integrated systems design • New York
THIS AMENDMENT NO. 1 TO CERTAIN OPERATIVE AGREEMENTS dated as of April 21, 2011 (this “Amendment”) is by and among CONVERGYS CORPORATION, an Ohio corporation (the “Lessee”); the various parties hereto from time to time as guarantors (subject to the definition of Guarantors in Appendix A to the Participation Agreement (hereinafter defined), individually, a “Guarantor” and collectively, the “Guarantors”); WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation (the “Borrower” or the “Lessor”); the various banks and other lending institutions which are parties hereto from time to time as holders of the Credit Notes (subject to the definition of Credit Lenders in Appendix A to the Participation Agreement, individually, a “Credit Lender” and collectively, the “Credit Lenders”); the various banks and other lending institutions which are parties hereto from time to time as holders of the Mortgage Notes (subject to the definition of Mortgage Lenders in Appendix A to the Participation Ag
FIRST AMENDMENT TO CERTAIN OPERATIVE AGREEMENTSOperative Agreements • December 12th, 2018 • Big Lots Inc • Retail-variety stores • New York
THIS PARTICIPATION AGREEMENT dated as of November 30, 2017 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this “Agreement”) is by and among AVDC, INC., an Ohio corporation (the “Construction Agent” or “Lessee”); the various entities which are parties hereto from time to time as guarantors (individually, a “Guarantor” and collectively, the “Guarantors”); WACHOVIA SERVICE CORPORATION, a Delaware corporation (the “Lessor”); the various banks and other lending institutions which are parties hereto from time to time as lease participants (individually, a “Lease Participant” and collectively, the “Lease Participants”); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the agent for the Lessor Parties and, respecting the Security Documents, as the agent for the Secured Parties (in such capacity, the “Agent”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings set forth in Appendix
THIRD AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS AND CONSENTOperative Agreements • May 15th, 2001 • Performance Food Group Co • Wholesale-groceries, general line • North Carolina
THIS THIRD AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS AND CONSENT dated as of March 6, 2001 (this "Amendment") is by and among PERFORMANCE FOOD GROUP COMPANY, a Tennessee corporation (the "Lessee" or the " Construction Agent"); FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, not individually (in its individual capacity, the "Trust Company"), but solely as the Owner Trustee under the PFG Real Estate Trust 1997-1 (the "Owner Trustee ", the "Borrower" or the "Lessor"); the various banks and other lending institutions which are parties hereto from time to time as lenders (subject to the definition of Lenders in Appendix A to the Participation Agreement (hereinafter defined), individually, a "Lender" and collectively, the "Lenders"); FIRST UNION NATIONAL BANK, a national banking association ("First Union"), as the agent for the Lenders and respecting the Security Documents, as the agent for the Lenders and the Holders, to the extent of their interests (in such capa
