FORM OF PERFECTION CERTIFICATE SUPPLEMENT Clause Samples
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. Reference is made to the Loan, Security and Guaranty Agreement dated as of January 12, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”). Southern Cal Transport, Inc. (f/k/a Saints Acquisition, Inc.), an Alabama corporation (“SoCal”), ▇▇▇▇▇ Leasing, LLC, an Alabama limited liability company (“▇▇▇▇▇;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and ▇▇▇▇▇ each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation (the “Parent” and together with the Borrowers and such other persons as may from time to time be parties to the Loan Agreement as “Borrowers” and/or “Guarantors,” the “Grantors”), the lending institutions party thereto (the “Lenders”), and Bank of America, N.A., as agent for the Lenders (in such capacity, “Agent”) and as Issuing Bank. Capitalized terms used but not defined herein have the meanings set forth in the Loan Agreement. The undersigned, as Loan Party Agent, hereby certifies to Agent, each Lender and the Issuing Bank that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date (as supplemented by any perfection certificate supplements delivered prior to the date hereof, the “Prior Perfection Certificate”), other than as follows:
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. Reference is hereby made to that certain Security Agreement, dated as of October 15, 2018 (the “Security Agreement”), among ▇.▇. ▇▇▇▇▇▇▇▇▇ & Sons Company, a Delaware corporation (the “Borrower”), the guarantors party thereto and the Administrative Agent (as hereinafter defined), (ii) that certain Pledge Agreement, dated as of October 15, 2018, among the Specified Pledgor and the Administrative Agent and (iii) that certain Credit Agreement dated as of October 15, 2018 (the “Credit Agreement”) among the Borrower, guarantors party thereto (the “Guarantors”), certain other parties thereto and Bank of America, N.A., as collateral agent and as administrative agent (in such capacities, the “Agent”) (in each case as to the agreements referenced in clauses (i) through (iii), as the same may be amended, modified, supplemented or otherwise modified on or prior to the date hereof). This Perfection Certificate Supplement, dated as of [ ] [ ], 20[ ], is delivered pursuant to Section 5.01(f) of the Credit Agreement. Capitalized terms used but not defined herein have the meanings assigned in the Credit Agreement. This Perfection Certificate Supplement constitutes a Perfection Certificate Supplement as defined in the Credit Agreement. Pledged Collateral has the meaning assigned to such term in the Security Agreement, and as used herein, the term “Companies” means the Borrower and each of the Guarantors, and with respect to Sections 1(a), (b) and (c), Section 2(a), 3, 4, 5, 6, 8 and 9, also includes each Specified Pledgor. The undersigned, the [ ] of the Borrower, hereby certifies to the Agent that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date (as supplemented by any perfection certificate supplements delivered prior to the date hereof, the “Prior Perfection Certificate”), other than as follows:
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. This Perfection Certificate Supplement, dated as of [____], 2011 is delivered pursuant to Section 4.1(f) of that certain Term Loan, Guarantee and Security Agreement dated as of [______], 2011 (the “Loan Agreement”) by and among Xfone, Inc., (“Holdings”), Xfone USA, Inc., NTS Communications, Inc., Gulf Coast Utilities, Inc., eXpeTel Communications, Inc., NTS Construction Company, G▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Company, Inc., Midcom of Arizona, Inc., Communications Brokers, Inc., and N.T.S. Management Company, L.L.C., (collectively referred to herein as the “Borrower”), the Credit Parties party thereto and ICON AGENT, LLC, as agent (the “Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Loan Agreement. As used herein, the term “Companies” means the Credit Parties. Each of the undersigned hereby certifies to the Agent that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date (as supplemented by any perfection certificate supplements delivered prior to the date hereof, the “Prior Perfection Certificate”), other than as follows:
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. Reference is hereby made to Credit Agreement dated as of July [ ], 2014 among NextEra Energy US Partners Holdings, LLC, a Delaware limited liability company, and NextEra Energy Canada Partners Holdings, ULC, an Ontario unlimited liability company (each a “Borrower” and together the “Borrowers”), NextEra Energy Operating Partners, LP, a Delaware limited partnership (the “Guarantor”, and together with the Borrowers, the “Grantors”), the Lenders party thereto and Bank of America, N.A., as Administrative Agent and Collateral Agent (the “Credit Agreement”). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. The undersigned1 hereby certifies, in his or her capacity as an officer of the applicable Loan Party, and not in his or her individual capacity, to the Administrative Agent and each of the Secured Parties that, as of the date hereof, there has been no change in the information described in the Perfection Certificate delivered on the Closing Date (as supplemented by any perfection certificate supplements delivered prior to the date hereof, the “Prior Perfection Certificate”), other than as follows:
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. This Perfection Certificate Supplement, dated as of [ ], 20[ ], is delivered pursuant to Section 7.02(g) of that certain Second Amended and Restated Credit Agreement dated as of September 29, 2017 (the “Credit Agreement”) among ▇.▇. ▇▇▇▇▇▇▇▇▇ & Sons Company, a Delaware corporation (“Borrower”), guarantors party thereto (the “Guarantors”), certain other parties thereto and Bank of America, N.A., as collateral agent and as administrative agent (in such capacities, the “Administrative Agent”). Capitalized terms used but not defined herein have the meanings assigned in the Credit Agreement.
FORM OF PERFECTION CERTIFICATE SUPPLEMENT. This Perfection Certificate Supplement, dated as of [ ], 2012 is delivered pursuant to Section 7.02(g) of that certain Credit Agreement dated as of October 12, 2012 (the “Credit Agreement”) among the ▇. ▇. ▇▇▇▇▇▇▇▇▇ & Sons Company (the “Borrower”), the Guarantors, certain other parties thereto and Bank of America, N.A., as collateral agent (in such capacity, the “Collateral Agent”) and as administrative agent. Capitalized terms used but not defined herein have the meanings assigned in the Credit Agreement.