Execution Version
Exhibit 10.1
JOINDER AGREEMENT AND WAIVER
THIS JOINDER AGREEMENT AND WAIVER, dated as of May 2, 2023 (this “Agreement”) is entered into by and between Baytree, Inc., a corporation organized under the laws of Delaware (the “Additional Originator”), with its principal place of business located at 980 Jolly Road, Blue Bell, PA 19422 and PNC Bank, National Association (the “Administrative Agent”).
BACKGROUND:
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Additional Originator and the Administrative Agent hereby agree as follows:
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980 Jolly Road
Blue Bell, Pennsylvania 19422
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[Signature Pages Follow]
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IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by its duly authorized officer as of the date and year first above written.
BAYTREE, INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
Consented to:
BRIGHTVIEW FUNDING LLC
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
[Signature Page – Joinder Agreement]
PNC BANK, NATIONAL ASSOCIATION
as Administrative Agent
By: /s/ Chris Blaney
Name: Chris Blaney
Title: Senior Vice President
PNC BANK, NATIONAL ASSOCIATION
as LC Bank and as Lender
By: /s/ Chris Blaney
Name: Chris Blaney
Title: Senior Vice President
[Signature Page – Joinder Agreement]
MUFG BANK, LTD.
as LC Participant and as Lender
By: /s/ Eric Williams
Name: Eric Williams
Title: Managing Director
[Signature Page – Joinder Agreement]
BRIGHTVIEW LANDSCAPES, LLC
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
BRIGHTVIEW CHARGERS, INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
BRIGHTVIEW ENTERPRISE
SOLUTIONS, LLC
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., an Arizona corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a California corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a Colorado corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
[Signature Page – Joinder Agreement]
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a Florida corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a Georgia corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a Nevada corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE SERVICES,
INC., a Texas corporation
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Treasurer
BRIGHTVIEW LANDSCAPE
DEVELOPMENT, INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
[Signature Page – Joinder Agreement]
BRIGHTVIEW GOLF MAINTENANCE,
INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Chief Financial Officer and Assistant Treasurer
BRIGHTVIEW TREE CARE SERVICES,
INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Chief Financial Officer and Assistant Treasurer
GTI 1, INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
U. S. LAWNS, INC.
By: /s/ Robert Tyler
Name: Robert Tyler
Title: Assistant Treasurer
[Signature Page – Joinder Agreement]