Performance Undertaking Sample Contracts
RECITALSPerformance Undertaking • January 13th, 2003 • RPM International Inc/De/ • Paints, varnishes, lacquers, enamels & allied prods • Illinois
EX-10.I.A.23 7 dex10ia23.htm PERFORMANCE UNDERTAKING PERFORMANCE UNDERTAKING [ASP]Performance Undertaking • May 5th, 2020 • 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 Enterprise, Inc., a Delaware corporation (together with its successors and assigns, “Recipient”).
SUNGARD INSURED RECEIVABLES FACILITY PERFORMANCE UNDERTAKINGPerformance Undertaking • November 9th, 2005 • Sungard Data Systems Inc • Services-computer processing & data preparation • New York
This Performance Undertaking (this “Undertaking”), dated as of August 11, 2005, is executed by SUNGARD DATA SYSTEMS INC., a Delaware corporation (the “Performance Guarantor”) in favor of SUNGARD FINANCING LLC, a Delaware limited liability company, together with its successors and assigns, including JPMorgan Chase Bank, N.A., as Administrative Agent on behalf of the Lenders and the Insurer (collectively, the “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 1st, 2023 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
This PERFORMANCE UNDERTAKING, dated October 27, 2023 (as it may be amended, supplemented, restated or otherwise modified from time to time, this “Undertaking”), is made by The Scotts Miracle-Gro Company, an Ohio 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), and each additional Purchaser that joins the Purchase Agreement in accordance with, and to the extent permitted by, its terms (together with JPMorgan, the “Purchaser”).
RECITALSPerformance Undertaking • April 18th, 2002 • Nordstrom Inc • Retail-family clothing stores • New York
AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • August 9th, 2016 • Newell Brands Inc • Plastics products, nec • New York
THIS AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of April 15, 2016, is executed by Newell Brands Inc. (f/k/a Newell Rubbermaid Inc.), Delaware corporation (“Newell” or the “Performance Guarantor”), in favor of Jarden Receivables, LLC, a Delaware limited liability company (together with its successors and assigns, “Beneficiary”).
Exhibit 10.4 SECOND OMNIBUS WAIVER, AMENDMENT AND REAFFIRMATION OF PERFORMANCE UNDERTAKING THIS SECOND OMNIBUS WAIVER, AMENDMENT AND REAFFIRMATION OF PERFORMANCE UNDERTAKING, dated as of December 15, 2006 (this "Waiver"), is by and among: (a) Invacare...Performance Undertaking • December 19th, 2006 • Invacare Corp • Orthopedic, prosthetic & surgical appliances & supplies • New York
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”).
CONFIRMATION OF PERFORMANCE UNDERTAKING December 22, 2008Performance Undertaking • February 26th, 2009 • United Rentals Inc /De • Services-equipment rental & leasing, nec
Reference is made to (a) the Performance Undertaking (the “Performance Undertaking”), dated as of May 31, 2005, made by United Rentals, Inc. (the “Performance Guarantor”) in favor of United Rentals Receivables LLC II (the “SPV”); and (b) the Purchase and Contribution Agreement (the “Purchase Agreement”), dated as of May 31, 2005, among United Rentals (North America), Inc., United Rentals Northwest, Inc., United Rentals Southeast, L.P., and United Equipment Rentals Gulf, L.P., each as originators, the Performance Guarantor, as collection agent, and the SPV, as buyer.
EXECUTION COPY Performance Undertaking 753287359 23728593 PERFORMANCE UNDERTAKING THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of June 20, 2023, is executed by Columbus McKinnon Corporation, a New York corporation (“Columbus” or...Performance Undertaking • June 26th, 2023 • Columbus McKinnon Corp • Construction machinery & equip • New York
THIRD AMENDMENT TO AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • September 23rd, 2019 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED PERFORMANCE UNDERTAKING, dated as of September 18, 2019 (this “Amendment”) is executed by AMERISOURCEBERGEN CORPORATION, a Delaware corporation (the “Performance Guarantor”).
RECITALSPerformance Undertaking • September 9th, 2004 • Equifax Inc • Services-consumer credit reporting, collection agencies • New York
FIRST AMENDMENT TO AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • May 4th, 2011 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED PERFORMANCE UNDERTAKING, dated as of April 28, 2011 (this “Amendment”) is executed by AMERISOURCEBERGEN CORPORATION, a Delaware corporation (the “Performance Guarantor”).
ContractPerformance Undertaking • February 6th, 2018 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries
PERFORMANCE UNDERTAKINGPerformance Undertaking • October 29th, 2009 • Zep Inc. • Specialty cleaning, polishing and sanitation preparations • Georgia
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of October 14, 2009, is executed by ZEP INC., a Delaware corporation (together with its successors and assigns, the “Performance Guarantor”), in favor of Acuity Enterprise, 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 • 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 • January 16th, 2002 • Adc Telecommunications Inc • Telephone & telegraph apparatus • New York
THIS PERFORMANCE UNDERTAKING (this "Undertaking" ), dated as of December 12, 2001, is executed by ADC Telecommunications, Inc., a Minnesota corporation (the "Performance Guarantor" ) in favor of ADC Receivables Corp. I, a Minnesota corporation (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”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • March 10th, 2005 • Trustreet Properties Inc • Real estate investment trusts • New York
PERFORMANCE UNDERTAKING (this “Undertaking”), made as of February 25, 2005, by CNL APF PARTNERS, LP, a Delaware limited partnership (the “Provider”), in favor of NET LEASE FUNDING 2005, LP, a Delaware limited partnership (the “Issuer”) and the other “Beneficiaries” (as defined below).
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 • 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”).
June 20, 1997Performance Undertaking • December 31st, 1997 • Amkor Technology Inc • Semiconductors & related devices
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 • March 21st, 2006 • Gehl Co • Farm machinery & equipment • New York
This Performance Undertaking (this “Undertaking”), dated as of March 15, 2006, is executed by GEHL COMPANY, a Wisconsin corporation (the “Provider”) in favor of GEHL FUNDING II, LLC, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
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”).
PERFORMANCE UNDERTAKINGPerformance Undertaking • April 30th, 2003 • SCP Pool Corp • Wholesale-misc durable goods • Illinois
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of March 27, 2003, is executed by SCP Pool Corporation, a Delaware corporation (“SCP Pool” or the “Performance Guarantor”) in favor of Superior Commerce LLC, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
Performance UndertakingPerformance Undertaking • July 16th, 2025 • Azz Inc • Coating, engraving & allied services • New York
This Performance Undertaking (this “Performance Undertaking”), dated as of July 10, 2025, is made by AZZ Inc., a Texas corporation (together with its successors and permitted assigns, the “Performance Guarantor”), in favor of Wells Fargo Bank, National Association (“Wells”), as administrative agent under the Credit and Security Agreement defined below (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Administrative Agent and the other Secured Parties under the Credit and Security Agreement. Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in, or by reference in, the Credit and Security Agreement.
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”).