SECOND AMENDMENT TO SECOND LIEN LOAN AND SECURITY AGREEMENTSecond Lien Loan and Security Agreement • July 23rd, 2015 • Cross Country Healthcare Inc • Services-help supply services
SECOND AMENDMENT TO SECOND LIEN LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of July 22, 2015, among Cross Country Healthcare, Inc., a Delaware corporation (the "Borrower"), the Guarantors listed on the signature pages hereto, the Lenders identified on the signature pages hereto and BSP Agency, LLC, a Delaware limited liability company, as agent for the Lenders (together with its successors and permitted assigns in those capacities, the "Agent").
ContractSecond Lien Loan and Security Agreement • February 5th, 2007 • Apac Customer Service Inc • Services-business services, nec • Illinois
THE TERMS AND PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE LIENS AND SECURITY INTERESTS GRANTED HEREIN, ARE SUBJECT TO THE TERMS OF THAT CERTAIN INTERCREDITOR AGREEMENT DATED AS OF JANUARY 31, 2007 BETWEEN LASALLE BANK NATIONAL ASSOCIATION, AS FIRST LIEN AGENT, AND LASALLE BANK NATIONAL ASSOCIATION, AS SECOND LIEN AGENT (AS AMENDED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “INTERCREDITOR AGREEMENT”). EACH PARTY TO THIS AGREEMENT IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE INTERCREDITOR AGREEMENT.
FIRST AMENDMENTSecond Lien Loan and Security Agreement • July 3rd, 2007 • Apac Customer Service Inc • Services-business services, nec • Illinois
As of June 29, 2007, the Applicable Margin shall be set at the applicable Level II and shall remain in effect until delivery to Agent of Borrower’s compliance certificate in respect of the audited annual financial statements for the Fiscal Year ended on or about December 31, 2007, 10 Business Days after which delivery the Applicable Margin will be adjusted based on the EBITDA for the 12-month period ending on the last day of such month. Thereafter, the Applicable Margin shall be adjusted to the extent applicable with respect to the compliance certificate delivered with respect to the last month of each fiscal quarter of Borrower. Each such change shall take effect 10 Business Days after delivery of such compliance certificate. If Borrower fails to deliver the compliance certificate within the time period required by this Agreement, the Applicable Margin shall conclusively be presumed to equal the applicable Level II from the date such compliance certificate was required to be delivered
THE BON-TON DEPARTMENT STORES, INC., and THE ELDER-BEERMAN STORES CORP., as Borrowers SECOND LIEN LOAN AND SECURITY AGREEMENT Dated as of November 18, 2009 EACH OF THE OTHER OBLIGORS PARTY HERETO, THE FINANCIAL INSTITUTIONS PARTY HERETO FROM TIME TO...Second Lien Loan and Security Agreement • November 24th, 2009 • Bon Ton Stores Inc • Retail-department stores • New York
THIS SECOND LIEN LOAN AND SECURITY AGREEMENT (this “Loan Agreement” or “Agreement”) is dated as of November 18, 2009, among THE BON-TON DEPARTMENT STORES, INC. (“Bon-Ton”), a Pennsylvania corporation and THE ELDER-BEERMAN STORES CORP., an Ohio corporation (“Elder-Beerman” and together with Bon-Ton, collectively, the “Borrowers”), Borrowers”), each of the other Obligors party hereto, the financial institutions party to this Loan Agreement from time to time as lenders (collectively, “Lenders”), and SANKATY ADVISORS, LLC, a Delaware limited liability company (“Sankaty”), as administrative agent for the Lenders (“Agent”), with GB MERCHANT PARTNERS, LLC, a Delaware limited liability company (“GB Merchant Partners”), as collateral agent for the Lenders (“Collateral Agent”) and GA CAPITAL, LLC, a Delaware limited liability company (“GA Capital”), as documentation agent for the Lenders (“Documentation Agent”).
Pages where confidential treatment has been requested are stamped: “Confidential treatment has been requested. Redacted material has been separately filed with the Commission.” All redacted material has been marked by the symbol: [***]. Exhibits and...Second Lien Loan and Security Agreement • April 16th, 2010 • Bon Ton Stores Inc • Retail-department stores • New York
analysis and decision to enter into this Assignment and Acceptance; (iii) agrees that it shall, independently and without reliance upon Assignor and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents; (iv) confirms that it is an Eligible Assignee; (v) appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Agreement as are delegated to Agent by the terms thereof, together with such powers as are incidental thereto; and (vi) agrees that it will observe and perform all obligations that are required to be performed by it as a “Lender” under the Loan Documents.
THIRD AMENDMENTSecond Lien Loan and Security Agreement • March 5th, 2008 • Apac Customer Service Inc • Services-business services, nec
THIS THIRD AMENDMENT (this “Amendment”), dated as of February 29, 2008, is by and among APAC CUSTOMER SERVICES, INC., an Illinois corporation (“Borrower”), ATALAYA FUNDING II LP (“Lender”), and ATALAYA ADMINISTRATIVE LLC, as agent for the Lender (“Agent”).
