Form of. A-1 Loan Notice A-2 Swing Line Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "Agreement") is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("OLLC"), GLOBAL COMPANIES LLC, a Delaware limited liability company ("Global"), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("Montello"), ▇▇▇▇ HES CORP., a Delaware corporation ("▇▇▇▇ Hes"), CHELSEA SANDWICH LLC, a Delaware limited liability company ("Chelsea LLC"), GLP FINANCE CORP., a Delaware corporation ("Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("Alliance"), CASCADE ▇▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company ("Cascade") and ▇▇▇▇▇▇ EQUITIES, INC., a Delaware Corporation ("▇▇▇▇▇▇" and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "Initial Borrowers" and each individually, an "Initial Borrower"), GLOBAL PARTNERS LP, a Delaware limited partnership (the "MLP"), each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, JPMORGAN CHASE BANK, N.A. and ▇▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., SOCIETE GENERALE, BNP PARIBAS AND MUFG BANK, LTD. as Co-Documentation Agents.
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Form of. A-1 Loan Notice A-2 Swing Line Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "“Agreement"”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("“OLLC"”), GLOBAL COMPANIES LLC, a Delaware limited liability company ("“Global"”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("“Montello"”), ▇G▇▇▇ HES CORP., a Delaware corporation ("▇“G▇▇▇ Hes"”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company ("“Chelsea LLC"”), GLP FINANCE CORP., a Delaware corporation ("“Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("“Alliance"”), CASCADE ▇K▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company ("“Cascade"”) and ▇W▇▇▇▇▇ EQUITIES, INC., a Delaware Corporation ("“W▇▇▇▇▇▇" ” and, collectively with OLLC, Global, ▇M▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Basin, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "“Initial Borrowers" ” and each individually, an "“Initial Borrower"”), GLOBAL PARTNERS LP, a Delaware limited partnership (the "“MLP"”), each lender from time to time party hereto (collectively, the "“Lenders" ” and individually, a "“Lender"”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, JPMORGAN CHASE BANK, N.A. and ▇W▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., SOCIETE GENERALE, BNP PARIBAS AND PARIBAS, MUFG BANK, LTD. ., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Co-Documentation Agents.
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Form of. A-1 Loan Notice A-2 Swing Line Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "“Agreement"”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("“OLLC"”), GLOBAL COMPANIES LLC, a Delaware limited liability company ("“Global"”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("“Montello"”), ▇▇▇▇ HES CORP., a Delaware corporation ("“▇▇▇▇ Hes"”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company ("“Chelsea LLC"”), GLP FINANCE CORP., a Delaware corporation ("“Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("“Alliance"”), CASCADE ▇▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company ("“Cascade"”) and ▇▇▇▇▇▇ EQUITIES, INC., a Delaware Corporation ("“▇▇▇▇▇▇" ” and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Basin, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "“Initial Borrowers" ” and each individually, an "“Initial Borrower"”), GLOBAL PARTNERS LP, a Delaware limited partnership (the "“MLP"”), each lender from time to time party hereto (collectively, the "“Lenders" ” and individually, a "“Lender"”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, BANK OF MONTREAL, CAPITAL ONE, N.A., CITIZENS BANK, N.A., JPMORGAN CHASE BANK, N.A. N.A., MUFG BANK, LTD., COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SOCIETE GENERALE, TD BANK, N.A., and ▇▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS FIFTH THIRD BANK, N.A., SOCIETE GENERALE, BNP PARIBAS AND MUFG SANTANDER BANK, LTD. N.A. and KEYBANK NATIONAL ASSOCIATION as Co-Documentation Agents.
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Form of. A-1 Loan Notice A-2 Swing Line A Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "“Agreement"”) is entered into as of April 25May 14, 20172010, among GLOBAL OPERATING LLC, a Delaware limited liability company ("“OLLC"”), GLOBAL COMPANIES LLC, a Delaware limited liability company ("“Global"”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("“Montello"”), ▇▇▇▇ HES CORP., a Delaware corporation ("“▇▇▇▇ Hes"”), CHELSEA SANDWICH LLC, a Delaware limited liability company ("“Chelsea LLC"”), GLP FINANCE CORP., a Delaware corporation ("“Finance"), ”) and GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("“GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("Alliance"), CASCADE ▇▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company ("Cascade") and ▇▇▇▇▇▇ EQUITIES, INC., a Delaware Corporation ("▇▇▇▇▇▇" ” and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Chelsea LLC, Finance, GEM, CNG, Alliance Finance and CascadeChelsea, the "“Initial Borrowers" ” and each individually, an "“Initial Borrower"”), GLOBAL PARTNERS LP, a Delaware limited partnership (the "“MLP"”), GLOBAL GP LLC, a Delaware limited liability company (the “GP” and, collectively with the MLP, the “Guarantors” and each individually, a “Guarantor”), each lender from time to time party hereto (collectively, the "“Lenders" ” and individually, a "“Lender"”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer Agent and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, JPMORGAN CHASE BANK, N.A. as Syndication Agent and SOCIETE GENERALE, STANDARD CHARTERED BANK, ▇▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANKRBS CITIZENS, N.A., SOCIETE GENERALE, BNP PARIBAS AND MUFG BANK, LTD. NATIONAL ASSOCIATION as Co-Documentation Agents.
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Form of. A-1 Loan Notice A-2 Swing Line Loan Notice B Borrowing Base Report C Product Under Contract LC Certificate D Note E Compliance Certificate F-1 Assignment and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "“Agreement"”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("“OLLC"”), GLOBAL COMPANIES LLC, a Delaware limited liability company ("“Global"”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("“Montello"”), ▇▇▇▇ HES CORP., a Delaware corporation ("“▇▇▇▇ Hes"”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company ("“Chelsea LLC"”), GLP FINANCE CORP., a Delaware corporation ("“Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("“Alliance"”), CASCADE ▇▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company ("“Cascade"”) and ▇▇▇▇▇▇ EQUITIES, INC., a Delaware Corporation ("“▇▇▇▇▇▇" ” and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Basin, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "“Initial Borrowers" ” and each individually, an "“Initial Borrower"”), GLOBAL PARTNERS LP, a Delaware limited partnership (the "“MLP"”), each lender from time to time party hereto (collectively, the "“Lenders" ” and individually, a "“Lender"”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, JPMORGAN CHASE BANK, N.A. and ▇▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., SOCIETE GENERALE, BNP PARIBAS AND PARIBAS, MUFG BANK, LTD. ., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Co-Documentation Agents.
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Form of. A-1 Loan Notice A-2 Swing Line A Loan Notice B Borrowing Base Report Note C Product Under Contract LC Certificate Guaranty D Note E Compliance Certificate F-1 Assignment Designated Borrower Request and Assumption F-2 Administrative Questionnaire G Guaranty H Opinion Matters I U.S. Tax Compliance Certificates Agreement E Designated Borrower Notice This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this "“Agreement"”) is entered into as of April 25November 2, 20172009, among ▇▇▇▇ GROUP USA HOLDINGS CORPORATION, a Delaware corporation, formerly known as Sims ▇▇▇▇ ▇▇▇ Corporation (the “Company”), ▇▇▇▇ GROUP GLOBAL OPERATING TRADE CORPORATION, a Delaware corporation, successor by merger to Sims ▇▇▇▇ ▇▇▇ Global Trade LLC (“Global Trade”), HNE RECYCLING LLC, a Delaware limited liability company ("OLLC"“HNE Recycling”), GLOBAL COMPANIES HNW RECYCLING LLC, a Delaware limited liability company ("Global"“HNW Recycling”), GLOBAL MONTELLO SIMSMETAL EAST LLC, a Delaware limited liability company, successor to ▇▇▇▇ ▇▇▇▇ ▇▇▇ East (General Partnership), a New York general partnership (“SHN East”), SIMSMETAL WEST LLC, a Delaware limited liability company, successor to ▇▇▇▇ ▇▇▇▇ ▇▇▇ West (General Partnership), a California general partnership (“SHN West”), ▇▇▇▇ GROUP CORPUSA CORPORATION, a Delaware corporation (“Sims USA”), METAL MANAGEMENT, INC., a Delaware corporation ("Montello"“Metal Management”), ▇▇▇▇ HES CORPMM METAL DYNAMICS HOLDINGS, INC., a Delaware corporation ("“MM Dynamics”), METAL MANAGEMENT MIDWEST, INC., an Illinois corporation (“MM Midwest”), METAL MANAGEMENT OHIO, INC., an Ohio corporation (“MM Ohio”), SMM – NORTH AMERICA TRADE CORPORATION, a Delaware corporation, formerly known as Metal Management S&A Holdings, Inc. (“SMM — North America”), METAL MANAGEMENT WEST COAST HOLDINGS, INC., a Delaware corporation (“MM West Coast”), METAL MANAGEMENT PROLER SOUTHWEST, INC., a Delaware corporation (“▇▇ ▇▇▇▇▇▇ Hes"Southwest”), CHELSEA SANDWICH PROLER SOUTHWEST GP, INC., a Delaware corporation (“MM Southwest GP”), NAPORANO IRON & METAL, INC., a Delaware corporation (“Naporano”), METAL MANAGEMENT NORTHEAST, INC., a New Jersey corporation (“MM Northeast”), and METAL MANAGEMENT NEW HAVEN, INC., a Delaware corporation (“MM New Haven”), CIM TRUCKING, INC., an Illinois corporation (“CIM”), METAL MANAGEMENT ALABAMA, INC., a Delaware corporation (“MM Alabama”), METAL MANAGEMENT ARIZONA, L.L.C., an Arizona limited liability company (“MM Arizona”), METAL MANAGEMENT CONNECTICUT, INC., a Delaware corporation (“MM Connecticut”), METAL MANAGEMENT INDIANA, INC., an Illinois corporation (“MM Indiana”), METAL MANAGEMENT MEMPHIS, L.L.C., a Tennessee limited liability company (“MM Memphis”), METAL MANAGEMENT MISSISSIPPI, INC., a Delaware corporation (“MM Mississippi”), METAL MANAGEMENT PITTSBURGH, INC., a Delaware corporation (“MM Pittsburgh”), METAL MANAGEMENT WEST, INC., a Colorado corporation (“MM West”), NEW YORK RECYCLING VENTURES, INC., a Delaware corporation (“NY Recycling”), PROLER SOUTHWEST LP, a Texas limited partnership (“Proler Southwest”), RESERVE IRON & METAL LIMITED PARTNERSHIP, a Delaware limited partnership (“Reserve”), METAL DYNAMICS LLC, a Delaware limited liability company ("Chelsea LLC"“Metal Dynamics”), GLP FINANCE CORP., a Delaware corporation ("Finance"), GLOBAL ENERGY MARKETING METAL DYNAMICS DETROIT LLC, a Delaware limited liability company ("GEM"“MD Detroit”), GLOBAL CNG METAL DYNAMICS INDIANAPOLIS LLC, a Delaware limited liability company ("CNG")“MD Indianapolis”, ALLIANCE ENERGY LLCand together with the Company, a Massachusetts limited liability company ("Alliance")Global Trade, CASCADE ▇▇▇HNE Recycling, HNW Recycling, SHN East, SHN West, Sims USA, Metal Management, MM Dynamics, MM Midwest, MM Ohio, SMM - North America, MM West Coast, ▇▇ HOLDINGS LLC, an Oregon limited liability company ("Cascade") and ▇▇▇▇▇▇ EQUITIESSouthwest, INC.MM Southwest GP, Naporano, MM Northeast, MM New Haven, CIM, MM Alabama, MM Arizona, MM Connecticut, MM Indiana, MM Memphis, MM Mississippi, MM Pittsburgh, MM West, NY Recycling, Proler Southwest, Reserve, Metal Dynamics, MD Detroit and any additional Affiliates of the Company becoming a Delaware Corporation ("▇▇▇▇▇▇" and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "Initial Borrowers" and each individually, an "Initial Borrower"), GLOBAL PARTNERS LP, a Delaware limited partnership (the "MLP"), each lender from time to time party hereto (as provided in Section 2.12 hereof collectively, the "Lenders" “Designated Borrowers” and together with the Company, collectively, the “Borrowers” individually, a "Lender"“Borrower”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line a national banking association (the “Lender, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. as an L/C Issuer, JPMORGAN CHASE BANK, N.A. and ▇▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., SOCIETE GENERALE, BNP PARIBAS AND MUFG BANK, LTD. as Co-Documentation Agents”).
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