PERFORMANCE UNDERTAKING [ALG]Performance Undertaking • October 31st, 2003 • Acuity Brands Inc • Wholesale-chemicals & allied products • Georgia
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of September 2, 2003, is executed by Acuity Brands, Inc., a Delaware corporation (the “Performance Guarantor”) in favor of Acuity Unlimited, Inc., a Delaware corporation (together with its successors and assigns, “Recipient”).
SECOND AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • October 19th, 2020 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS SECOND AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of October 16, 2020, is executed by AmerisourceBergen Corporation, a Delaware corporation (the “Performance Guarantor”), in favor of Amerisource Receivables Financial Corporation, a Delaware corporation (together with its successors and assigns, “Recipient”). This Undertaking amends and restates that certain Amended and Restated Performance Undertaking, dated as of December 2, 2004, by the Performance Guarantor and after the date hereof, all references in any Transaction Document to the Performance Undertaking shall be deemed references to this Undertaking.
PERFORMANCE UNDERTAKINGPerformance Undertaking • November 27th, 2015 • WestRock Co • Paperboard containers & boxes • New York
THIS FIFTH AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of September 1, 2015, is executed by Westrock RKT Company, a Georgia corporation (“Westrock RKT” or “Original Parent”), as successor-in-interest to Rock-Tenn Company, and Westrock Company, a Delaware Corporation (“Westrock Company” and together with Westrock RKT, the “Performance Guarantors” and each a “Performance Guarantor”) in favor of WestRock Financial, Inc., a Delaware corporation (together with its successors and assigns, “Recipient”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • November 18th, 2022 • WestRock Co • Paperboard containers & boxes • New York
THIS NINTH AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of March 12, 2021, is executed by WestRock Company, a Delaware corporation (“WestRock”, the “Parent” or the “Performance Guarantor”), in favor of WestRock Financial, Inc., a Delaware corporation (together with its successors and assigns, “Recipient”).
AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • September 25th, 2012 • United Rentals Inc /De • Services-equipment rental & leasing, nec • New York
THIS AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of September 24, 2012, is executed by UNITED RENTALS, INC., a Delaware corporation (“Performance Guarantor”) in favor of UNITED RENTALS RECEIVABLES LLC II, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • January 4th, 2019 • Caci International Inc /De/ • Services-computer integrated systems design • New York
This PERFORMANCE UNDERTAKING, dated as of December 28, 2018 (this “Undertaking”), is made by CACI INTERNATIONAL INC, a Delaware corporation (the “Performance Guarantor”), in favor of MUFG BANK, LTD. (“MUFG”), as Administrative Agent (as defined below) for the benefit of itself and the Purchasers (as defined below).
PERFORMANCE UNDERTAKINGPerformance Undertaking • August 30th, 2006 • Jarden Corp • Wholesale-miscellaneous nondurable goods • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of August 24, 2006, is executed by Jarden Corporation, Delaware corporation (“Jarden” or the “Performance Guarantor”), in favor of Jarden Receivables, LLC, a Delaware limited liability company (together with its successors and assigns, “Beneficiary”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • June 6th, 2005 • United Rentals North America Inc • Services-equipment rental & leasing, nec • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of May 31, 2005, is executed by UNITED RENTALS, INC., a Delaware corporation (the “Performance Guarantor”) in favor of UNITED RENTALS RECEIVABLES LLC II, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • October 5th, 2016 • Sensient Technologies Corp • Industrial organic chemicals
This Performance Undertaking is made as of October 3, 2016 (this “Performance Undertaking”), and is given by SENSIENT TECHNOLOGIES CORPORATION, a Wisconsin corporation (“STC” or the “Performance Guarantor”), in favor of SENSIENT RECEIVABLES LLC, a Delaware limited liability company (the “SPE,” together with its successors and permitted assigns including the Purchaser hereinafter defined, the “Beneficiary”).
FOURTH AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • March 31st, 2010 • Tenneco Inc • Motor vehicle parts & accessories • Illinois
THIS FOURTH AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking"), dated as of March 26, 2010, is executed by Tenneco Inc., a Delaware corporation (the “Performance Guarantor") in favor of Tenneco Automotive RSA Company, a Delaware corporation (together with its successors and assigns, “Recipient"), and amends and restates in its entirety that certain Third Amended and Restated Performance Undertaking dated as of May 4, 2005 by the Performance Guarantor in favor of the Recipient.
PERFORMANCE UNDERTAKINGPerformance Undertaking • July 5th, 2022 • ChampionX Corp • Construction, mining & materials handling machinery & equip • New York
This PERFORMANCE UNDERTAKING, dated June 28, 2022 (as it may be amended, supplemented, restated or otherwise modified from time to time, this “Undertaking”), is made by ChampionX Corporation, a Delaware corporation (the “Guarantor”), in favor of JPMorgan Chase Bank, N.A and any affiliate that becomes party to the Purchase Agreement (as defined below) (“JPMorgan”), as the Purchaser under the Purchase Agreement (as defined below), each additional Purchaser that joins the Purchase Agreement in accordance with, and to the extent permitted by, its terms (together with JPMorgan, the “Purchaser”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • February 27th, 2023 • Gray Television Inc • Television broadcasting stations • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of February 23, 2023, is executed by Gray Television, Inc., a Georgia corporation (“Parent” or “Performance Guarantor”), in favor of Wells Fargo Bank, N.A., as administrative agent for the benefit of the Secured Parties (in such capacity, together with its successors and assigns, “Administrative Agent”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • February 12th, 2020 • Science Applications International Corp • Services-computer integrated systems design • New York
This PERFORMANCE UNDERTAKING, dated as of January 21, 2020 (this “Undertaking”), is made by SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, a Delaware corporation (the “Performance Guarantor”), in favor of MUFG BANK, LTD. (“MUFG”), as the Purchaser (as defined below).
PERFORMANCE UNDERTAKINGPerformance Undertaking • May 13th, 2011 • NBCUniversal Media, LLC • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of February 1, 2011, is executed by NBCUNIVERSAL MEDIA, LLC, a Delaware limited liability company (“Performance Guarantor”) in favor of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (together with its successors and assigns, “Recipient”).
AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • November 22nd, 2011 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking"), dated as of December 2, 2004, is executed by AmerisourceBergen Corporation, a Delaware corporation (the “Performance Guarantor"), in favor of Amerisource Receivables Financial Corporation, a Delaware corporation (together with its successors and assigns, “Recipient”). This Undertaking amends and restates that certain Performance Undertaking, dated as of July 10, 2003, by the Performance Guarantor and after the date hereof, all references in any Transaction Document to the Performance Undertaking shall be deemed references to this Undertaking.
PERFORMANCE UNDERTAKINGPerformance Undertaking • September 6th, 2007 • Universal Health Services Inc • Services-general medical & surgical hospitals, nec • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of August 31, 2007, is executed by Universal Health Services, Inc., a Delaware corporation (the “Performance Guarantor” or “Parent”) in favor of _______________, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
RECITALSPerformance Undertaking • October 11th, 2002 • RPM Inc/Oh/ • Paints, varnishes, lacquers, enamels & allied prods • Illinois
AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • August 10th, 2006 • RPM International Inc/De/ • Paints, varnishes, lacquers, enamels & allied prods • New York
THIS AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of May 10, 2006, is executed by RPM International Inc., a Delaware corporation (“RPM-Delaware” or the “Performance Guarantor”) in favor of RPM Funding Corporation, a Delaware corporation (together with its successors and assigns, “Recipient”). This Undertaking amends and restates in its entirety that certain Performance Undertaking dated as of October 15, 2002 executed by the Performance Guarantor in favor of Recipient.
PERFORMANCE UNDERTAKINGPerformance Undertaking • October 17th, 2013 • Pool Corp • Wholesale-misc durable goods • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of October 11, 2013, is executed by Pool Corporation, a Delaware corporation (together with its successors and permitted assigns, the “Performance Guarantor”), in favor of Superior Commerce LLC, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
