FORM OF] SWINGLINE NOTESwingline Note • June 1st, 2006 • Armor Holdings Inc • Orthopedic, prosthetic & surgical appliances & supplies
This Swingline Note is the Swingline Note referred to in the Credit Agreement, dated as of May 25, 2006 (as amended, restated, amended and restated, supplemented or otherwise modified, the "Credit Agreement"), by and among the Borrower, the Material Domestic Subsidiaries of the Borrower from time to time party thereto (collectively the "Guarantors"), the lenders from time to time party thereto (the "Lenders") and Wachovia Bank, National Association, as administrative agent for the Lenders (the "Administrative Agent"), and the holder is entitled to the benefits thereof. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Credit Agreement.
FORM OF] SWINGLINE NOTESwingline Note • March 2nd, 2012 • Mac-Gray Corp • Services-personal services • New York
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to or its registered assigns (the “Swingline Lender”), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of each Swingline Loan from time to time made by the Swingline Lender to the Borrower under that certain Amended and Restated Senior Secured Credit Agreement, dated as of February 29, 2012 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among the Borrower, the Lenders identified therein and Bank of America, N.A., as Administrative Agent and Collateral Agent. Capitalized terms used but not otherwise defined herein have the meanings provided in the Credit Agreement.
AMENDED AND RESTATED SWINGLINE NOTESwingline Note • August 24th, 2015 • Omega Protein Corp • Fats & oils • Texas
FOR VALUE RECEIVED, OMEGA PROTEIN CORPORATION, a Nevada corporation, and OMEGA PROTEIN, INC., a Virginia corporation, each having its principal place of business at 2105 Citywest Blvd., Suite 500, Houston, Texas 77042 (collectively, the “Borrowers”), jointly and severally promise to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”), the principal sum of TEN MILLION AND 00/100 DOLLARS ($10,000,000.00) or, if less, the unpaid principal amount of all Swingline Loans made by the Lender from time to time pursuant to that Second Amended and Restated Loan Agreement, dated as of August 20, 2015 (as further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among the Borrowers (as defined in the Loan Agreement), the Lenders who are or may become a party thereto, as Lenders, and Wells Fargo Bank, National Association, as Administrative Agent, Issuing Lender and Swingline Lender, together w
AMENDED, RESTATED AND SUBSTITUTED SWINGLINE NOTESwingline Note • March 14th, 2006 • American Capital Strategies LTD
This Amended, Restated and Substituted Swingline Note (“Swingline Note” or “Note”) is issued pursuant to that certain Credit Agreement dated as of June 17, 2005 by and among Borrower, Administrative Agent, Swingline Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Swingline Loan evidenced hereby is made and is to be repaid. The date and amount of each Swingline Loan made by Swingline Lender to Borrower, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of
SWINGLINE NOTESwingline Note • March 25th, 2005 • Fairpoint Communications Inc • Telephone communications (no radiotelephone)
This Note is the Swingline Note referred to in the Credit Agreement, dated as of February 8, 2005, among the Borrower, the lenders from time to time party thereto (including the Lender), Bank of America, N.A., as Syndication Agent, CoBank, ACB and General Electric Capital Corporation, as Co-Documentation Agents, and Deutsche Bank Trust Company Americas, as Administrative Agent (as amended, restated, modified and/or supplemented from time to time, the “Agreement”), and is entitled to the benefits thereof and of the other Credit Documents (as defined in the Agreement). This Note is secured pursuant to the Pledge Agreement (as defined in the Agreement). As provided in the Agreement, this Note is subject to voluntary prepayment and mandatory repayment prior to the Swingline Expiry Date, in whole or in part.
SECOND AMENDED AND RESTATED SWINGLINE NOTESwingline Note • July 25th, 2000 • NPC International Inc • Retail-eating places
SECOND AMENDED AND RESTATED SWINGLINE NOTESwingline Note • May 27th, 2008 • Pennsylvania Real Estate Investment Trust • Real estate investment trusts
This Second Amended and Restated Swingline Note is the “Swingline Note” referred to in that Credit Agreement dated as of November 20, 2003 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, Pennsylvania Real Estate Investment Trust, the financial institutions party thereto and their assignees under Section 11.5.(c) thereof, the Agent and the other parties thereto, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein and not defined herein shall have the respective meanings given to such terms in the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Swingline Loans by the Swingline Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, (b) permits the prepayment of the Swingline Loans by the Borrower subject to certain terms and condi
SWINGLINE NOTESwingline Note • March 13th, 2003 • Veridian Corp • Services-computer integrated systems design
FOR VALUE RECEIVED, the undersigned, VERIDIAN CORPORATION, a corporation organized under the laws of Delaware (the “Borrower”), promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION (the “Lender”), at the place and times provided in the Credit Agreement referred to below, the principal sum of TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) or, if less, the principal amount of all Swingline Loans made by the Lender from time to time pursuant to that certain Credit Agreement, dated as of June 10, 2002 (as amended, restated, supplemented or otherwise modified, the “Credit Agreement”) by and among the Borrower, the Lenders who are or may become a party thereto (collectively, the “Lenders”) and Wachovia Bank, National Association, as Administrative Agent. Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Credit Agreement.
FORM OF] SWINGLINE NOTESwingline Note • April 7th, 2008 • Mac-Gray Corp • Services-personal services • New York
FOR VALUE RECEIVED, the undersigned (the “Borrowers”), hereby promises to pay to BANK OF AMERICA, N.A. or registered assigns (the “Swingline Lender”), in accordance with the provisions of the Senior Secured Credit Agreement dated as of April 1, 2008 (as amended, modified, supplemented or extended from time to time, the “Credit Agreement”) among Mac-Gray Corporation, a Delaware corporation (the “Parent Borrower”), Mac-Gray Services, Inc., a Delaware corporation (“MGS”), Intirion Corporation, a Delaware corporation (“Intirion”; together with the Parent Borrower and MGS, each a “Borrower” and collectively, the “Borrowers”), the Lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent and Collateral Agent. Capitalized terms used but not otherwise defined herein have the meanings provided in the Credit Agreement.
SWINGLINE NOTESwingline Note • March 22nd, 2012 • Omega Protein Corp • Fats & oils • Texas
FOR VALUE RECEIVED, OMEGA PROTEIN CORPORATION, a Nevada corporation, and OMEGA PROTEIN, INC., a Virginia corporation, each having its principal place of business at 2105 Citywest Blvd., Suite 500, Houston, Harris County, Texas 77042 (collectively, the “Borrowers”), jointly and severally promise to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”), the principal sum of Five Million and No/100 Dollars ($5,000,000.00) or, if less, the unpaid principal amount of all Swingline Loans made by the Lender from time to time pursuant to that Amended and Restated Loan Agreement, dated as of March 21, 2012 (as further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) by and among the Borrowers, the Lenders who are or may become a party thereto, as Lenders, and Wells Fargo Bank, National Association, as Administrative Agent, Issuing Lender and Swingline Lender, together with interest on the unpaid pr
SWINGLINE NOTESwingline Note • November 7th, 2006 • MTR Gaming Group Inc • Services-miscellaneous amusement & recreation
FOR VALUE RECEIVED, the undersigned, MTR GAMING GROUP, INC., a Delaware corporation, MOUNTAINEER PARK, INC., a West Virginia corporation, SPEAKEASY GAMING OF LAS VEGAS, INC., a Nevada corporation, PRESQUE ISLE DOWNS, INC., a Pennsylvania corporation, SCIOTO DOWNS, INC., an Ohio corporation and SPEAKEASY GAMING OF FREMONT, INC., a Nevada corporation (collectively the “Borrowers”) jointly and severally promise to pay to the order of WELLS FARGO BANK, National Association (the “Swingline Lender”) at its principal office at 5340 Kietzke Lane, Suite 201, Reno, Nevada 89511, Attention: Stephen Buntin, Senior Vice President, Commercial Banking Division, or at such other location as may be directed from time to time by Swingline Lender by written notice to Borrowers, the principal sum of Ten Million Dollars ($10,000,000.00) or, if less, the aggregate unpaid principal amount of all Swingline Advances (as defined in the Credit Agreement, hereinafter defined) made by the Swingline Lender to or fo
SWINGLINE NOTESwingline Note • March 8th, 2004 • Monarch Casino & Resort Inc • Services-miscellaneous amusement & recreation
FOR VALUE RECEIVED, the undersigned, GOLDEN ROAD MOTOR INN, INC., a Nevada corporation (the "Borrower") promises to pay to the order of WELLS FARGO BANK, National Association (the "Swingline Lender") at its principal office at 5340 Kietzke Lane, Suite 201, Reno, Nevada 89502, Attention: Rochanne Hackett, Commercial Banking Division, or at such other location as may be directed from time to time by Swingline Lender by written notice to Borrower, the principal sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) or, if less, the aggregate unpaid principal amount of all Swingline Advances (as defined in the Credit Agreement, hereinafter defined) made by the Swingline Lender to or for the benefit of Borrower pursuant to the Credit Agreement, in the manner and at the times set forth in Section 2.08 of the Credit Agreement and, in any event, on or before thirty-five (35) days prior to February 23, 2009. Capitalized terms used herein and not otherwise defined shall have the meanin
ANDSwingline Note • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 30, 2004, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIVE MILLION DOLLARS ($5,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC as Swingline Lender to the Company pursuant to the Credit and Security Agreement between HSBC, National City Bank of Kentucky, HSBC as Agent, HSBC as Swingline Lender, and National City Bank of Kentuck
SWINGLINE NOTESwingline Note • December 26th, 2006 • Lionbridge Technologies Inc /De/ • Services-business services, nec
This Note is the Swingline Note referred to in Credit Agreement, dated as of December 21, 2006 (as amended, restated, supplemented or otherwise modified, the “Credit Agreement”), by and among the Company, the Material Domestic Subsidiaries of the Company from time to time party thereto, the lenders from time to time party thereto (the “Lenders”) and HSBC BANK USA, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”), and the holder is entitled to the benefits thereof. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Credit Agreement.
SWINGLINE NOTESwingline Note • May 1st, 2019 • Griffin Capital Essential Asset REIT II, Inc. • Real estate investment trusts • Delaware
Maker also promises to pay interest on the unpaid principal amount of this Swingline Note (this “Note”) at the rates and at the times which shall be determined in accordance with the provisions of that certain Second Amended and Restated Credit Agreement dated as of even date herewith, among Maker, the Lenders named therein, and KeyBank National Association, as Administrative Agent for itself and the Lenders (as hereafter amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement.
SWINGLINE NOTESwingline Note • October 7th, 2004 • Kramont Realty Trust • Real estate investment trusts
FORM OF SWINGLINE NOTESwingline Note • February 22nd, 2007 • Pennsylvania Real Estate Investment Trust • Real estate investment trusts
This Swingline Note is the “Swingline Note” referred to in that Credit Agreement dated as of November 20, 2003 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, Pennsylvania Real Estate Investment Trust, the financial institutions party thereto and their assignees under Section 11.5.(c) thereof, the Agent and the other parties thereto, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein and not defined herein shall have the respective meanings given to such terms in the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Swingline Loans by the Swingline Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, (b) permits the prepayment of the Swingline Loans by the Borrower subject to certain terms and conditions and (c) provides for t
SWINGLINE NOTESwingline Note • January 3rd, 2006 • MTR Gaming Group Inc • Services-miscellaneous amusement & recreation
FOR VALUE RECEIVED, the undersigned, MTR GAMING GROUP, INC., a Delaware corporation, MOUNTAINEER PARK, INC., a West Virginia corporation, SPEAKEASY GAMING OF LAS VEGAS, INC., a Nevada corporation, PRESQUE ISLE DOWNS, INC., a Pennsylvania corporation, SCIOTO DOWNS, INC., an Ohio corporation and SPEAKEASY GAMING OF FREMONT, INC., a Nevada corporation (collectively the “Borrowers”) jointly and severally promise to pay to the order of WELLS FARGO BANK, National Association (the “Swingline Lender”) at its principal office at 5340 Kietzke Lane, Suite 201, Reno, Nevada 89511, Attention: Stephen Buntin, Vice President, Commercial Banking Division, or at such other location as may be directed from time to time by Swingline Lender by written notice to Borrowers, the principal sum of Ten Million Dollars ($10,000,000.00) or, if less, the aggregate unpaid principal amount of all Swingline Advances (as defined in the Credit Agreement, hereinafter defined) made by the Swingline Lender to or for the b
Form of Swingline NoteSwingline Note • November 14th, 2005 • American Seafoods Group LLC • Fishing, hunting and trapping
This Note is the Swingline Note referred to in the Credit Agreement and evidences the Swingline Loans made by the Swingline Lender thereunder. Capitalized terms used in this Swingline Note and not otherwise defined shall have the respective meanings assigned to them in the Credit Agreement and the terms and conditions of the Credit Agreement are expressly incorporated herein and made a part hereof.
SWINGLINE NOTESwingline Note • June 23rd, 2005 • American Capital Strategies LTD
This Swingline Note is issued pursuant to that certain Credit Agreement dated as of June 17, 2005 by and among Borrower, Administrative Agent, Swingline Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Swingline Loan evidenced hereby is made and is to be repaid. The date and amount of each Swingline Loan made by Swingline Lender to Borrower, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of Administrative Agent to make any such recordation shall not af
SWINGLINE NOTESwingline Note • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Note is the Swingline Note referred to in Credit Agreement dated as of October 31, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the financial institutions party thereto and their assignees under Section 12.5 thereof (the “Lenders”), Wachovia Bank, National Association, as Agent, and the other parties thereto, and evidences Swingline Loans made to the Borrower thereunder. Terms used but not otherwise defined in this Note have the respective meanings assigned to them in the Credit Agreement.
AMENDED, RESTATED AND SUBSTITUTED SWINGLINE NOTESwingline Note • November 9th, 2005 • American Capital Strategies LTD
This Amended, Restated and Substituted Swingline Note (“Swingline Note” or “Note”) is issued pursuant to that certain Credit Agreement dated as of June 17, 2005 by and among Borrower, Administrative Agent, Swingline Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Swingline Loan evidenced hereby is made and is to be repaid. The date and amount of each Swingline Loan made by Swingline Lender to Borrower, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of
FORM OF SWINGLINE NOTESwingline Note • October 22nd, 2010 • Easylink Services International Corp • Services-computer programming services
FOR VALUE RECEIVED, the undersigned, EASYLINK SERVICES INTERNATIONAL CORPORATION, a Delaware corporation (the “Borrower”), hereby promises to pay to SUNTRUST BANK (the “Swingline Lender”) or its registered assigns, at the office of SunTrust Bank (“SunTrust”) at 303 Peachtree St., N.E., Atlanta, Georgia 30308, on the Revolving Commitment Termination Date (as defined in the Revolving Credit and Term Loan Agreement dated as of October 21, 2010, as the same may be amended, restated, supplemented or otherwise modified from time to time (the “Credit Agreement”), by and among the Borrower, the several banks and other financial institutions and lenders from time to time party thereto (the “Lenders”) and SunTrust, as administrative agent for the Lenders), the lesser of the principal sum of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) and the aggregate unpaid principal amount of all Swingline Loans made by the Swingline Lender to the Borrower pursuant to the Credit Agreement, in lawful money
SWINGLINE NOTESwingline Note • February 5th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts
This Swingline Note is the “Swingline Note” referred to in the Credit Agreement dated as of January 31, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, Trade Street Residential, Inc., the financial institutions party thereto and their assignees under Section 13.5. thereof, the Administrative Agent, and the other parties thereto, and evidences Swingline Loans made to the Borrower thereunder. Terms used but not otherwise defined in this Swingline Note have the respective meanings assigned to them in the Credit Agreement. The Credit Agreement provides for the acceleration of the maturity of this Swingline Note upon the occurrence of certain events and for prepayments of Swingline Loans upon the terms and conditions specified therein.
EXHIBIT D SWINGLINE NOTESwingline Note • June 19th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
FOR VALUE RECEIVED, the undersigned, EXACTECH, INC., a Florida corporation (the “Borrower”), hereby promises to pay to SUNTRUST BANK, a Georgia banking corporation (the “Swingline Lender”) or its registered assigns, at the office of SunTrust Bank (“SunTrust”) at 5080 Newberry Road, Gainesville, Florida 32607, on the earlier of: (i) the Swingline Termination Date [as defined in the Revolving Credit Agreement dated of even date herewith (as the same may be amended, supplemented, or otherwise modified from time to time, the “Credit Agreement”) among the Borrower, the lenders from time to time party thereto, and SunTrust, as administrative agent for the lenders] and (ii) an Event of Default (as defined in the Credit Agreement) the lesser of the principal sum of Three Million and No/100 Dollars ($3,000,000.00) and the aggregate unpaid principal amount of all Swingline Loans made by the Swingline Lender to the Borrower pursuant to the Credit Agreement in lawful money of the United States, in
WITNESS: KOGER EQUITY, INC.Swingline Note • February 28th, 2002 • Koger Equity Inc • Real estate investment trusts • Massachusetts
FOR VALUE RECEIVED, the undersigned, Koger Equity, Inc., a Florida corporation (the "Borrower"), promises to pay, without offset or counterclaim, to the order of Fleet National Bank (hereinafter, together with its successors in title and assigns, called the "Swingline Lender") at the head office of Fleet National Bank, as Agent (the "Agent") at 100 Federal Street, Boston, Massachusetts 02110, the principal sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) or, if less, the aggregate unpaid principal amount of all Swingline Loans made by the Swingline Lender to the Borrower pursuant to the Revolving Credit Loan Agreement dated as of December 28, 2001 among the Swingline Lender, the Borrower, the other lending institutions named therein and the Agent, as amended from time to time (the "Credit Agreement"). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement. Unless otherwise provided herein, the rule
FORM OF SWINGLINE NOTESwingline Note • November 28th, 2006 • U-Store-It Trust • Real estate investment trusts
This Note is the Swingline Note referred to in the Credit Agreement dated as of November 21, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, U-Store-It Trust, the financial institutions party thereto and their assignees under Section 13.5. thereof (the “Lenders”), Wachovia Bank, National Association, as Agent, and the other parties thereto, and evidences Swingline Loans made to the Borrower thereunder. Terms used but not otherwise defined in this Note have the respective meanings assigned to them in the Credit Agreement.
Form of] SWINGLINE NOTESwingline Note • January 31st, 2006 • Bearingpoint Inc • Services-management consulting services
This Note is one of the Notes referred to in the Credit Agreement dated as of July 19, 2005, (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among BearingPoint, Inc. and BearingPoint, LLC (“Borrowers”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given it in Article I of the Credit Agreement), the Lenders, UBS Securities LLC, as lead arranger, UBS AG, Stamford Branch, as administrative agent (in such capacity, “Administrative Agent”) for the Lenders, UBS Loan Finance LLC as Swingline Lender and General Electric Capital Corporation, as collateral agent (“Collateral Agent”) is subject to the provisions thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. Terms used herein which are defined in the Credit Agreement shall have such defined meanings unless otherwise defined herein or unless the context otherwise requires
