EX-10.1
from 8-K
~5
pages
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After the Amendments Set Forth in Section 2 Become Effective Pursuant to Section 8, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. Subject to the Satisfaction of the Conditions Precedent Set Forth in Section 8 Below, From and After the Amendment Effective Date (As Defined Below), the Dip Credit Agreement Is Hereby Amended as Follows: (A) Section 6.7(a)(ii) Is Hereby Amended and Restated in Its Entirety to Read as Follows
12/34/56
EX-10.76
from 10-Q
4 pages
Amendment No. 9, Dated as of November 4, 2014 (This “Amendment”), in Respect of the Amended and Restated Superpriority Debtor-In-Possession Credit Agreement Dated as of July 12, 2013 (As Amended, Supplemented or Otherwise Modified, the “Dip Credit Agreement”) by and Among Exide Technologies, a Delaware Corporation and a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code (The “US Borrower”), Exide Global Holding Netherlands C.V., a Limited Partnership Organized Under the Laws of the Netherlands (The “Foreign Borrower” And, Together With the US Borrower, the “Borrowers”), the Lenders From Time to Time Party Thereto and Jpmorgan Chase Bank, N.A., a National Banking Association, as Agent for the Lenders (In Such Capacity, Together With Its Successors and Assigns in Such Capacity, the “Agent”). Capitalized Terms Used Herein and Not Otherwise Defined Herein Have the Meanings Assigned to Them in the Dip Credit Agreement. Whereas, the Parties Hereto Desire to Amend the Dip Credit Agreement as Provided for Herein. Now Therefore, the Parties Hereto Hereby Agree as Follows
12/34/56
EX-10.1
from 8-K
~20
pages
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After the Amendments Set Forth in Section 2 Become Effective Pursuant to Section 10, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. Subject to the Satisfaction of the Applicable Conditions Precedent Set Forth in Section 10 Below, From and After the Amendment Effective Date (As Defined Below), the Dip Credit Agreement Is Hereby Amended as Follows: (A) Section 2.4(e)(ii)(b) of the Dip Credit Agreement Is Hereby Amended by Amending and Restating the Initial Sentence Thereof to Read as Follows
12/34/56
EX-10.1
from 8-K
~5
pages
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After the Amendments Set Forth in Section 2 and the Consent Set Forth in Section 3 Become Effective Pursuant to Section 9, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. (A) Subject to the Satisfaction of the Conditions Precedent Set Forth in Section 9(a) Below, From and After the Initial Amendment Effective Date (As Defined Below), the Dip Credit Agreement Is Hereby Amended as Follows: (I) Section 7.1 of the Dip Credit Agreement Is Hereby Amended and Restated in Its Entirety as Follows
12/34/56
EX-10.1
from 8-K
1 page
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After This Amendment Becomes Effective, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. (A) Section 2.11(b)(iv) of the Dip Credit Agreement Is Hereby Amended by Replacing the Reference to “$75,000,000” With a Reference to “$85,000,000”; and (B) Exhibit W-2 to the Dip Credit Agreement Is Hereby Amended by (I) Replacing the Reference to “June 30, 2014” in Clause (B) With a Reference to “July 31, 2014”, and (II) Deleting Clause (C) in Its Entirety and Marking It as “[Reserved]”
12/34/56
EX-10.1
from 8-K
~5
pages
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After This Amendment Becomes Effective, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. (A) Section 7.2 of the Dip Credit Agreement Is Hereby Amended by Replacing (X) the Reference to “$85,000,000” With a Reference to “$120,000,000” and (Y) the Reference to $90,000,000” With a Reference to “$120,000,000”; (B) Exhibit W-2 to the Dip Credit Agreement Is Hereby Amended by Replacing the Reference to “May 31, 2014” in Clause (B) With a Reference to “June 30, 2014”;
12/34/56
EX-10.6
from 10-Q
~5
pages
Section 1. Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After This Amendment Becomes Effective, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. (A) Section 7.2 of the Dip Credit Agreement Is Hereby Amended and Restated in Its Entirety to Read as Follows
12/34/56
EX-10.1
from 8-K
~5
pages
Section 1 . Defined Terms; References. Unless Otherwise Specifically Defined Herein, Each Term Used Herein That Is Defined in the Dip Credit Agreement Has the Meaning Assigned to Such Term in the Dip Credit Agreement. Each Reference to “Hereof”, “Hereunder”, “Herein” and “Hereby” and Each Other Similar Reference and Each Reference to “This Agreement” and Each Other Similar Reference Contained in the Dip Credit Agreement Shall, After This Amendment Becomes Effective, Refer to the Dip Credit Agreement as Amended Hereby. Section 2 . Amendments to the Dip Credit Agreement. (A) the Definition of “Permitted Liens” in Schedule 1.1 to the Dip Credit Agreement Is Hereby Amended By: (I) Inserting the Following as a New Paragraph (CC)
12/34/56
EX-10.1
from 8-K
222 pages
Amended and Restated Superpriority Debtor-In-Possession Credit Agreement Originally Dated as of June 9, 2013 and Amended and Restated as of July 12, 2013 by and Among Exide Technologies, a Debtor and a Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as US Borrower, Exide Global Holding Netherlands C.V., as Foreign Borrower, the Lenders From Time to Time Party Hereto, Jpmorgan Chase Bank, N.A., as Agent J.P. Morgan Securities LLC, as Sole Bookrunner and Sole Lead Arranger Ubs Securities LLC, as Documentation Agent
12/34/56
EX-10.61
from 10-K
232 pages
Superpriority Debtor-In-Possession Credit Agreement Dated as of June 9, 2013 by and Among Exide Technologies, a Debtor and a Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as US Borrower, Exide Global Holding Netherlands C.V., as Foreign Borrower, the Lenders From Time to Time Party Hereto, Jpmorgan Chase Bank, N.A., as Agent J.P. Morgan Securities LLC, as Sole Bookrunner and Sole Lead Arranger Ubs Securities LLC, as Documentation Agent
12/34/56
EX-10.1
from 8-K
173 pages
Credit Agreement Dated as of January 25, 2011 by and Among Exide Technologies and the Certain Subsidiaries Thereof, as US Borrowers, Exide Global Holding Netherlands C.V., as Foreign Borrower, the Lenders That Are Signatories Hereto, Wells Fargo Capital Finance, LLC, as Agent Deutsche Bank AG New York Branch, Suntrust Bank and Barclays Capital, as Syndication Agents Morgan Stanley Senior Funding, Inc., as Documentation Agent Wells Fargo Capital Finance, LLC, and Deutsche Bank Securities Inc., as Joint Bookrunners Wells Fargo Capital Finance, LLC, as Sole Lead Arranger
12/34/56