THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 25, 2018 (this Agreement) isĮntered into among (i) Xponential Fitness LLC, a Delaware limited liability company and St. Rights of Contribution and IndemnificationĪppointment Documentation and Other Actionsįinal, Absolute and Unconditional Releaseįorm of Compliance Certificate (Section 10.1.3)įorm of Assignment Agreement (Section 15.6.1)įorm of Notice of Borrowing (Section 2.2.2) No Impairment of Obligations or Limitations of Liability Restriction of Amendments to Certain DocumentsĮFFECTIVENESS CONDITIONS OF LENDING, ETC.Īdministrative Agent in Individual CapacityĪdministrative Agent May File Proofs of ClaimĬustomer Identification USA Patriot Act NoticeįORUM SELECTION AND CONSENT TO JURISDICTIONĪcknowledgement and Consent to Bail In of EEA Financial Institutions Reports, Certificates and Other InformationĬompliance with Laws Payment of Taxes and Liabilities Name Jurisdiction of Organization Organizational ID Number Chief Place of Business Chief Executive Office FEIN Mitigation of Circumstances Replacement of LendersĬonclusiveness of Statements Survival of Provisions Right of Lenders to Fund through Other Officesĭiscretion of Lenders as to Manner of Funding INCREASED COSTS SPECIAL PROVISIONS FOR LIBOR LOANSīasis for Determining Interest Rate Inadequate or UnfairĬhanges in Law Rendering LIBOR Loans Unlawful MAKING AND PRORATION OF PAYMENTS SETOFF TAXES Reduction or Termination of the Revolving Commitment REDUCTION OR TERMINATION OF THE REVOLVING Setting and Notice of LIBOR Rates/Replacement of LIBOR Rate THE VARIOUS FINANCIAL INSTITUTIONS PARTY HERETO,ĬOMMITMENTS OF THE LENDERS BORROWING, CONVERSION AND LETTER OF CREDIT PROCEDURES SECOND AMENDED AND RESTATED CREDIT AGREEMENT
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