EX-10.1
from 8-K
~10
pages
Amendment No. 2 and Waiver Dated as of November 1, 2012 (This “Amendment”), to the Credit Agreement Dated as of March 17, 2011, as Amended by Amendment No. 1 Dated as of March 7, 2012 (The “Credit Agreement”), Among Rotech Healthcare Inc., a Delaware Corporation (The “Borrower”), the Lenders From Time to Time Party Thereto (The “Lenders”), and Credit Suisse AG, as Administrative Agent (In Such Capacity, Together With Its Successors and Assigns, the “Administrative Agent”) for the Secured Parties (As Defined Therein), Is Entered Into by and Among the Borrower, the Subsidiaries of the Borrower Identified on Schedule I Hereto (The “Subsidiary Guarantors”), the Persons Signatory Hereto as Lenders and the Administrative Agent. A. Pursuant to the Credit Agreement, the Lenders Have Extended, and Have Agreed to Extend, Credit to the Borrower, in Each Case Pursuant to the Terms and Subject to the Conditions Set Forth in the Credit Agreement. B. the Borrower and the Lenders Desire to Amend the Credit Agreement in the Manner Set Forth Herein. the Lenders Are Willing to Agree to Such an Amendment and to the Waiver Set Forth Herein, in Each Case, on the Terms and Subject to the Conditions Set Forth Herein
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EX-10.1
from 8-K
7 pages
Amendment No. 1 Dated as of March 7, 2012 (This “Amendment”), to the Credit Agreement Dated as of March 17, 2011 (The “Credit Agreement”), Among Rotech Healthcare Inc., a Delaware Corporation (The “Borrower”), the Lenders From Time to Time Party Thereto (The “Lenders”), and Credit Suisse AG, as Administrative Agent (In Such Capacity, Together With Its Successors and Assigns, the “Administrative Agent”) for the Secured Parties (As Defined Therein), Is Entered Into by and Among the Borrower, the Subsidiaries of the Borrower Identified on Schedule I Hereto (The “Subsidiary Guarantors”), the Persons Signatory Hereto as Lenders and the Administrative Agent. A. Pursuant to the Credit Agreement, the Lenders Have Extended, and Have Agreed to Extend, Credit to the Borrower, in Each Case Pursuant to the Terms and Subject to the Conditions Set Forth in the Credit Agreement. B. the Borrower and the Lenders Desire That the Maturity Date Set Forth in the Credit Agreement Be Extended as Provided Herein
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EX-10.1
from 10-Q
253 pages
$180,000,000 Credit Agreement Among Rotech Healthcare Inc., as Borrower, the Several Lenders From Time to Time Parties Hereto, Credit Suisse Securities (USA) LLC, as Sole Lead Arranger and Sole Bookrunner, Credit Suisse, as Administrative Agent and Collateral Agent Dated as of March 30, 2007
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EX-10.1
from 10-Q/A
84 pages
$180,000,000 Credit Agreement Among Rotech Healthcare Inc., as Borrower, the Several Lenders From Time to Time Parties Hereto, Credit Suisse Securities (USA) LLC, as Sole Lead Arranger and Sole Bookrunner, Credit Suisse, as Administrative Agent and Collateral Agent Dated as of March 30, 2007
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EX-10.1
from 10-Q
84 pages
$180,000,000 Credit Agreement Among Rotech Healthcare Inc., as Borrower, the Several Lenders From Time to Time Parties Hereto, Credit Suisse Securities (USA) LLC, as Sole Lead Arranger and Sole Bookrunner, Credit Suisse, as Administrative Agent and Collateral Agent Dated as of March 30, 2007
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EX-10.1
from 8-K
102 pages
$120,000,000 Credit Agreement Among Rotech Healthcare Inc., as Borrower, the Several Lenders From Time to Time Parties Hereto, Highland Financial Corp., as Lead Arranger and Sole Bookrunner, and Nexbank, Ssb, as Administrative Agent and Collateral Agent Dated as of September 15, 2006
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EX-10.1
from 10-Q
5 pages
Fifth Amendment and Limited Waiver, Dated as of August 9, 2006 (This “Amendment”), to the Credit Agreement, Dated as of March 26, 2002 (As Amended by the Amendment Dated as of December 31, 2002, the Second Amendment and Waiver Dated as of June 7, 2004, the Waiver Dated as of June 15, 2005, the Third Amendment Dated as of November 8, 2005, and the Fourth Amendment, Dated as of May 9, 2006, and as Further Amended, Supplemented or Modified From Time to Time, the “Credit Agreement”), Among Rotech Healthcare Inc., a Delaware Corporation (The “Borrower”), the Lenders Parties Thereto, Ubs Securities LLC (Formerly Known as Ubs Warburg LLC) and Goldman Sachs Credit Partners L.P., as Joint Lead Arrangers and Joint Bookrunners (The “Arrangers”), Goldman Sachs Credit Partners L.P., as Syndication Agent, the Bank of Nova Scotia, Deutsche Bank Securities Inc. (Formerly Known as Deutsche Banc Alex. Brown Inc.) and General Electric Capital Corporation, as Co-Documentation Agents, General Electric Capital Corporation, as Collateral Agent, and Ubs AG, Stamford Branch, as Administrative Agent
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EX-10.1
from 10-Q
5 pages
Whereas, the Borrower Has Requested That Certain Provisions of the Credit Agreement Be Amended Upon the Terms and Subject to the Conditions Set Forth Herein; and Whereas, the Lenders Have Agreed to Such Amendments Upon the Terms and Subject to the Conditions Set Forth Herein; Now, Therefore, in Consideration of the Premises and Mutual Covenants Contained Herein and in the Credit Agreement, the Parties Hereto Hereby Agree as Follows: Section 1. Definitions. Unless Otherwise Defined Herein, Terms Used Herein and Defined in the Credit Agreement Are Used Herein as Therein Defined. Section 2. Amendment. 2.1 Amendment to Section 1.1 (Defined Terms). (A) Section 1.1 of the Credit Agreement Is Hereby Amended by Deleting the Definition of “Applicable Margin” in Its Entirety and Substituting the Following in Lieu Thereof
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