EX-10.1
from 8-K
236 pages
$1,800,000,000 Second Amended and Restated Abl Credit Agreement Dated as of July 28, 2015, as Amended and Restated on February 28, 2019, as Amended by Amendment No. 1, Dated as of November 22, 2019 and as Amended and Restated on October 27, 2022 Among Univar Solutions Inc. (Formerly Known as Univar Inc.), as the U.S. Borrower, Univar Solutions Canada Ltd., as the Canadian Borrower, Univar Netherlands Holding B.V., as the European Parent Borrower, the European Subsidiary Borrowers From Time to Time Party Hereto, the Several Lenders From Time to Time Parties Hereto, Bofa Securities, Inc., Wells Fargo Bank N.A., Jpmorgan Chase Bank, N.A., Deutsche Bank Securities Inc. and Goldman Sachs Bank USA, as Joint Lead Arrangers and Bookrunners, Bank of America, N.A., as U.S. Administrative Agent, Collateral Agent, U.S. Swingline Lender and a U.S. Letter of Credit Issuer, Bank of America, N.A. (Acting Through Its Canada Branch), as Canadian Administrative Agent, a Canadian Swingline Lender and a Canadian Letter of Credit Issuer, Bank of America, N.A., as European Administrative Agent, a European Swingline Lender and a European Letter of Credit Issuer, Wells Fargo Bank N.A., Jpmorgan Chase Bank, N.A., Deutsche Bank Securities Inc. and Goldman Sachs Bank USA, as Co-Syndication Agents Bmo Capital Markets Corp., Nycb Specialty Finance Company, LLC and Td Bank, N.A., as Co-Documentation Agents
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EX-10.5
from 10-K
5 pages
Amendment No. 3, Dated as of February 23, 2019 (This “Amendment”), to the Credit Agreement Dated as of July 1, 2015, Among Univar USA Inc., a Washington Corporation (The “Borrower”), Univar Inc., a Delaware Corporation (“Holdings”), the Several Banks and Other Financial Institutions or Entities From Time to Time Party to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time Prior to the Effectiveness of the Amendment, the “Credit Agreement”), by and Between the Borrower and the Administrative Agent. Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.1(d)(i) of the Credit Agreement Provides That the Credit Agreement and the Other Loan Documents May Be Amended to Cure Any Ambiguity, Mistake, Omission, Defect or Inconsistency With the Consent of the Borrower and the Administrative Agent; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1.amendments. (A)“additional Obligations” Is Hereby Amended by Replacing the Reference (A) to “Holdings or a Guarantor” With “A Loan Party” and (B) to “Borrower or Guarantors” With “Loan Parties”. (B)“foreign Segment Consolidated Total Assets” Is Hereby Amended by Replacing the Reference to “Company” With “Borrower”
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EX-10.2
from 8-K
186 pages
Amendment No. 1, Dated as of November 22, 2019 (This “Amendment”), to the Amended and Restated Abl Credit Agreement Dated as of July 28, 2015 and Amended and Restated as of February 28, 2019 (As Further Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the “Credit Agreement”), Among Univar Solutions Inc. (Formerly Known as Univar Inc.), a Delaware Corporation, (“U.S. Parent Borrower”), Univar Canada Ltd., a Company Formed Under the Laws of the Province of British Columbia (The “Canadian Borrower”), the Domestic Subsidiaries of the U.S. Parent Borrower From Time to Time Party Thereto (The “U.S. Subsidiary Borrowers”; Together With the U.S. Parent Borrower, “The U.S. Borrowers”; and the U.S. Borrowers, Together With the Canadian Borrower, the “Borrowers” and Each a “Borrower”), the Registered Lending Institutions From Time to Time Parties Thereto (Each a “Lender” And, Collectively, the “Lenders”), Bank of America, N.A., as U.S. Administrative Agent, Collateral Agent, U.S. Swingline Lender and U.S. Letter of Credit Issuer, Bank of America, N.A. (Acting Through Its Canadian Branch), as Canadian Administrative Agent, Canadian Swingline Lender and Canadian Letter of Credit Issuer, and the Other Parties Named Therein. Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Amended Credit Agreement (As Defined Below). Whereas, Pursuant to Section 12.1 of the Credit Agreement, the Administrative Agents and the Relevant Loan Parties May, With the Consent of the Required Lenders Amend the Credit Agreement and the Other Loan Documents Pursuant to the Amendment; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendments and Authorization
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EX-10.1
from 8-K
193 pages
$1,700,000,000 Amended and Restated Abl Credit Agreement Dated as of July 28, 2015 and as Amended and Restated on February 28, 2019 Among Univar Inc., as the U.S. Parent Borrower, the U.S. Subsidiary Borrowers From Time to Time Party Hereto, Univar Canada Ltd., as the Canadian Borrower, the Several Lenders From Time to Time Parties Hereto, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Deutsche Bank Securities Inc. Jpmorgan Chase Bank, N.A. Wells Fargo Bank N.A. and Goldman Sachs Bank USA as Joint Lead Arrangers and Joint Bookrunners, Bank of America, N.A., as U.S. Administrative Agent, Collateral Agent, U.S. Swingline Lender and a U.S. Letter of Credit Issuer, Bank of America, N.A. (Acting Through Its Canada Branch), as Canadian Administrative Agent, a Canadian Swingline Lender and a Canadian Letter of Credit Issuer, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Deutsche Bank Securities Inc. Jpmorgan Chase Bank, N.A. Wells Fargo Bank N.A. and Goldman Sachs Bank USA as Co-Syndication Agents Bmo Capital Markets Corp, Hsbc Securities (USA) Inc., U.S. Bank National Association, Citigroup Global Markets Inc. and Morgan Stanley Senior Funding, Inc. as Co-Documentation Agents
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EX-10.1
from 10-K
196 pages
€200,000,000 Abl Credit Agreement Dated as of 24 March 2014 and as Amended and Restated on the Amendment and Restatement Date, Among Univar B.V., as a Borrower the Other Borrowers From Time to Time Party Hereto Univar, Inc., as a Guarantor the Several Lenders From Time to Time Parties Hereto Jpmorgan Chase Bank, N.A., as Sole Lead Arranger and Joint Bookrunner Bank of America, N.A., as Joint Bookrunner and Syndication Agent J.P. Morgan Europe Limited, as Administrative Agent and Collateral Agent
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EX-10.1
from 8-K
167 pages
Amendment No. 2, Dated as of November 28, 2017 (This “Amendment”), to the Credit Agreement Dated as of July 1, 2015, Among Univar USA Inc., a Washington Corporation (The “Borrower”), Univar Inc., a Delaware Corporation (“Holdings”), the Several Banks and Other Financial Institutions or Entities From Time to Time Party to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time Prior to the Effectiveness of the Amendment, the “Credit Agreement”), by and Among the Borrower, Holdings, Each Lender Party Hereto, the Administrative Agent and Bank of America, N.A., as Additional Term B-3 Lender (The “Additional Term B-3 Lender”). Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 9.11 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes Including to Permit Additional Extensions of Credit to Be Included in the Credit Agreement;
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EX-10.1
from 8-K
163 pages
$1,400,000,000 Abl Credit Agreement Dated as of July 28, 2015 Among Univar Inc., as the U.S. Parent Borrower, the U.S. Subsidiary Borrowers From Time to Time Party Hereto, Univar Canada Ltd., as the Canadian Borrower, the Several Lenders From Time to Time Parties Hereto, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Lending Partners LLC, Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Wells Fargo Bank N.A., Barclays Bank PLC, Citigroup Global Markets Inc. Credit Suisse Securities (USA) LLC, Hsbc Securities (USA) Inc., Morgan Stanley Senior Funding, Inc., Suntrust Robinson Humphrey, Inc., Bmo Capital Markets Corp., Ing Capital LLC, Sumitomo Mitsui Banking Corporation, and Mufg Union Bank, N.A. as Joint Lead Arrangers and Joint Bookrunners, Bank of America, N.A., as U.S. Administrative Agent, Collateral Agent, U.S. Swingline Lender and a U.S. Letter of Credit Issuer, Bank of America, N.A. (Acting Through Its Canada Branch), as Canadian Administrative Agent, a Canadian Swingline Lender and a Canadian Letter of Credit Issuer, Goldman Sachs Lending Partners LLC, Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Wells Fargo Bank N.A., Barclays Bank PLC, Citigroup Global Markets Inc. Credit Suisse Securities (USA) LLC, Hsbc Securities (USA) Inc., Morgan Stanley Senior Funding, Inc., Suntrust Bank, Bmo Capital Markets Corp., Ing Capital LLC, Sumitomo Mitsui Banking Corporation, and Mufg Union Bank, N.A. as Co-Syndication Agents and Co-Documentation Agents
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EX-10.16
from S-1/A
238 pages
€200,000,000 Abl Credit Agreement Dated as of 24 March 2014, Among Univar B.V., as a Borrower the Other Borrowers From Time to Time Party Hereto Univar, Inc., as a Guarantor the Several Lenders From Time to Time Parties Hereto J.P. Morgan Securities LLC, as Joint Bookrunner and Sole Lead Arranger Bank of America, N.A., as Joint Bookrunner and Syndication Agent J.P. Morgan Europe Limited, as Administrative Agent and Collateral Agent
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EX-10.6
from S-1/A
187 pages
$1,400,000,000 Second Amended and Restated Abl Credit Agreement Dated as of October 11, 2007, as Amended and Restated on September 20, 2010 and as Further Amended and Restated on March 25, 2013, Among Univar Inc., as the U.S. Parent Borrower, the U.S. Subsidiary Borrowers From Time to Time Party Hereto, Univar Canada Ltd., as the Canadian Borrower, the Several Lenders From Time to Time Parties Hereto, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Wells Fargo Capital Finance LLC, as Joint Lead Arrangers Merrill Lynch, Pierce, Fenner & Smith Incorporated, Wells Fargo Capital Finance LLC, Deutsche Bank Securities Inc. and J.P. Morgan Securities LLC, as Joint Bookrunners, Bank of America, N.A., as U.S. Administrative Agent, Collateral Agent, U.S. Swingline Lender and U.S. Letter of Credit Issuer, Bank of America, N.A. (Acting Through Its Canada Branch), as Canadian Administrative Agent, a Canadian Swingline Lender and Canadian Letter of Credit Issuer, Wells Fargo Capital Finance LLC, Deutsche Bank Securities Inc. and J.P. Morgan Securities LLC, as Co-Syndication Agents and Hsbc Bank USA, N.A., Union Bank, N.A., Morgan Stanley Senior Funding, Inc. and Suntrust Bank, as Co-Documentation Agents
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