Execution Version ASSET PURCHASE AGREEMENT dated as of August 27, 2004 By and Among NEXANS MAGNET WIRE USA INC., as Seller, NEXANS CANADA INC., NEXANS USA INC.Asset Purchase Agreement • September 8th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 8th, 2006 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
This Indemnification Agreement (“Agreement”) is made as of , 2006 by and between Superior Essex Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 14th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • New York
This REGISTRATION RIGHTS AGREEMENT dated April 14, 2004 (the "Agreement") is entered into by and among Superior Essex Communications LLC, a Delaware limited liability company ("Superior Essex"), Essex Group, Inc., a Michigan corporation ("Essex Group," together with Superior Essex, the "Issuers"), the guarantors listed in Schedule 1 hereto (collectively, the "Guarantors"), and J.P. Morgan Securities Inc., Lehman Brothers Inc., UBS Securities LLC, Wachovia Capital Markets, LLC and Fleet Securities, Inc. (the "Initial Purchasers").
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) dated as of March 19, 2008 by and between Superior Essex Inc. (the “Company”) and H. Patrick Jack (“Executive”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • June 13th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) dated as of June 11, 2008 by and between Superior Essex Inc. (the “Company”) and Stephen M. Carter (“Executive”).
SUPERIOR ESSEX COMMUNICATIONS LP, and ESSEX GROUP, INC., as Borrowers AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of April 14, 2006 CERTAIN FINANCIAL INSTITUTIONS, as Lenders withLoan and Security Agreement • April 20th, 2006 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of April 14, 2006, among SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership (“Communications”), ESSEX GROUP, INC., a Michigan corporation (“Essex”, and together with Communications, collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 29th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
EMPLOYMENT AGREEMENT (the "Agreement") dated as of March 5, 2004 by and between Superior Essex Inc. (the "Company") and H. Patrick Jack (the "Executive").
AGREEMENT AND PLAN OF MERGER between LS CABLE LTD. and SUPERIOR ESSEX INC. Dated as of June 11, 2008Merger Agreement • June 13th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of June 11, 2008 (this “Agreement”), between LS Cable Ltd., a Korean corporation (“Parent”), and Superior Essex Inc., a Delaware corporation (the “Company”).
Personal and Confidential Ms. Barbara L. Blackford 3275 Stillhouse Road Atlanta, Georgia 30339 Dear Barbara:Employment Agreement • May 14th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
The purpose of this letter agreement (the "Agreement") is to acknowledge and set forth the terms and conditions of your employment as an Executive Vice President, General Counsel and Corporate Secretary of Superior Essex Inc. ("Superior Essex"). Your employment with Superior Essex will commence effective as of the later of (i) April 12, 2004 or (ii) six weeks after you receive written notice from Superior Essex that your initial drug and background checks are satisfactory and are not grounds for terminating the offer or your initial employment.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 14th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of April 30, 2004, by and among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company ("Superior"), ESSEX GROUP, INC., a Michigan corporation ("Essex") (Superior and Essex being referred to collectively as "Borrowers," and individually as a "Borrower"); various financial institutions ("Lenders"); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors and assigns in such capacity, "Administrative Agent"); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, "Syndication Agent"; Administrative Agent and Syndication Agent are each hereafter referred to from time to time individually as an "Agent" and
FIFTH AMENDMENT TO CREDIT AGREEMENT AND CONSENT TO SPECIFIC TRANSACTIONSCredit Agreement • August 12th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT AND CONSENT TO SPECIFIC TRANSACTIONS (this “Amendment”) is made and entered into as of June 16, 2004, by and among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company (“Superior”), ESSEX GROUP, INC., a Michigan corporation (“Essex”) (Superior and Essex being referred to collectively as “Borrowers,” and individually as a “Borrower”); various financial institutions (“Lenders”); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors and assigns in such capacity, “Administrative Agent”); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, “Syndication Agent”; Administrative Agent and Syndication Agent are each hereafter referred to from time to
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2007 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into this 7th day of August, 2007, by and among SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership (“Communications”), ESSEX GROUP, INC., a Michigan corporation (“Essex”, together with Communications, “Borrowers”), the financial institutions listed on the signature page hereto (“Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (together with its successors in such capacity, “Agent”).
AGREEMENT FOR THE TRANSFER OF RECEIVABLES N° 7783-7784-7785Factoring Agreement • July 17th, 2006 • Superior Essex Inc • Nonferrous foundries (castings)
NEWCO NEXANS SUPERIOR ESSEX , a French company organized as a “société par action simplifiée” with a capital of 50.000 Euros, RCS Nanterre B440 088 110 having its registered office at 4-10 rue Mozart — 92587 CLICHY hereinafter referred to as the the “Company”
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 26th, 2005 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of October 20, 2005, by and among SUPERIOR ESSEX COMMUNICATIONS L.P., a Delaware limited partnership (“Superior”), ESSEX GROUP, INC., a Michigan corporation (“Essex”) (Superior and Essex being referred to collectively as “Borrowers,” and individually as a “Borrower”); various financial institutions (“Lenders”); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors and assigns in such capacity, “Administrative Agent”); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, “Syndication Agent”; Administrative Agent and Syndication Agent are each hereafter referred to from time to time individually as an “Agent” and co
WARRANT AGREEMENT Dated as of November 10, 2003 between SUPERIOR ESSEX INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY as the Warrant AgentWarrant Agreement • December 16th, 2003 • Superior Essex Inc • New York
WARRANT AGREEMENT, dated as of November 10, 2003 (this “Agreement”), between SUPERIOR ESSEX INC., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, a New York corporation, as Warrant Agent (in such capacity, the “Warrant Agent”).
AGREEMENTChairman Agreement • January 20th, 2006 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
This Agreement dated as of January 18, 2006 (the “Agreement”) is by and between Denys Gounot (“Gounot”) and Superior Essex Inc. (together with its subsidiary, affiliated and associated companies, “SEI”).
EXHIBIT E FORM OF DIRECTOR RESTRICTED STOCK CERTIFICATEDirector Restricted Stock Certificate • November 10th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Delaware
THIS AGREEMENT, made as of the __ day of _____, 2004 (the “Date of Grant”), by and between Superior Essex Inc., a Delaware corporation (the “Company”), and _____________ (the “Participant”).
AMENDMENT n° 1 to the Agreement for Assignment of Receivables N°Agreement for Assignment of Receivables • August 9th, 2007 • Superior Essex Inc • Nonferrous foundries (castings)
Among: ESSEX NEXANS EUROPE, a French simplified stock company (“société par action simplifiée”), the share capital of which is EUR 40 930 000, registered with the Registry of Commerce and Companies (“Registre du Commerce et des Sociétés”- RCS) of Compiègne B 440 088 110, the registered office of which is located in Compiègne (60 200), Rue Jean Monnet – L’Européen, Parc tertiaire de la Croix, and hereinafter called the “Company”
SUPERIOR ESSEX COMMUNICATIONS LP, and ESSEX GROUP, INC., as U.S. Borrowers, and ESSEX GROUP CANADA INC. as Canadian Borrower SECOND AMENDED AND RESTATED LOAN AGREEMENT August 5, 2008 CERTAIN FINANCIAL INSTITUTIONS, as Lenders with BANK OF AMERICA,...Loan Agreement • August 11th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS SECOND AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) is dated August 5, 2008, among SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership (“Communications”), ESSEX GROUP, INC., a Michigan corporation (“EGI”, and together with Communications, collectively, “U.S. Borrowers” and each a “U.S. Borrower”), ESSEX GROUP CANADA INC., a Nova Scotia company (“Canadian Borrower”, and together with U.S. Borrowers, collectively, “Borrowers” and each a “Borrower”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, “Bank of America”), acting as a U.S. Lender and an Issuing Bank, and in its capacity as Administrative Agent, and BANK OF AMERICA, N.A., acting through its Canada branch, as a Canadian Lender and in its capacity as Canadian Agent. Capitalized terms used in this Agreement have the meanings ascribed to them in Sectio
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • August 11th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) is made on August 5, 2008, by and among SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership (“Communications”); ESSEX GROUP, INC., a Michigan corporation (“EGI”; Communications and EGI are collectively referred to herein as “U.S. Borrowers” and individually as “U.S. Borrower”); SUPERIOR ESSEX HOLDING CORP., a Delaware corporation (“SEHC”); SE COMMUNICATIONS GP INC., a Delaware corporation (“Communications GP”); ESSEX INTERNATIONAL INC., a Delaware corporation (“Essex International”); ESSEX CANADA INC., a Delaware corporation (“Essex Canada”); ESSEX GROUP MEXICO INC., a Delaware corporation (“Essex Mexico”); and ESSEX MEXICO HOLDINGS, L.L.C., a Delaware limited liability company (“EMH”; SEHC, Communications GP, Essex International, Essex Canada, Essex Mexico, and EMH are collectively referred to herein as “Guarantors” and individually as “Guarantor”, and collectively with Communications and EGI, “U.S. Obligors”
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 16th, 2005 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of March 11, 2005, by and among SUPERIOR ESSEX COMMUNICATIONS L.P., a Delaware limited partnership ("Superior"), ESSEX GROUP, INC., a Michigan corporation ("Essex") (Superior and Essex being referred to collectively as "Borrowers," and individually as a "Borrower"); various financial institutions ("Lenders"); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors and assigns in such capacity, "Administrative Agent"); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, "Syndication Agent"; Administrative Agent and Syndication Agent are each hereafter referred to from time to time individually as an "Agent" and colle
SUPERIOR ESSEX COMMUNICATIONS LLC and ESSEX GROUP, INC., as Issuers, THE GUARANTORS PARTY HERETO, as Guarantors 9% Senior Notes due 2012Indenture • May 14th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • New York
INDENTURE dated as of April 14, 2004 among Superior Essex Communications LLC, a Delaware limited liability company ("Superior Essex Communications"), and Essex Group, Inc., a Michigan corporation, as joint and several obligors (each an "Issuer" and together, the "Issuers"), the Guarantors (as defined herein) listed on Schedule A hereto, and The Bank of New York Trust Company, N.A., a national banking association, as trustee (the "Trustee").
INDENTURE Dated as of November 10, 2003 by and among SUPERIOR ESSEX COMMUNICATIONS LLC and ESSEX GROUP, INC., as Issuers, THE GUARANTORS (as defined herein), as Guarantors, and THE BANK OF NEW YORK, as Trustee Second Priority Secured Notes due 2008Indenture • December 16th, 2003 • Superior Essex Inc • New York
THIS INDENTURE is dated as of November 10, 2003 (the “Effective Date”), among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company, (the “Company”), ESSEX GROUP, INC., a Michigan corporation (the “Co-Issuer” and, together with the Company, the “Issuers”), SUPERIOR ESSEX INC., a Delaware corporation (“Holdings”), SUPERIOR ESSEX HOLDING CORP., a Delaware corporation and wholly-owned subsidiary of Holdings (“Primary Intermediate Holdco”), ESSEX INTERNATIONAL INC. (“Secondary Intermediate Holdco”), each subsidiary of the Issuers listed in the signature pages hereto (each a “Subsidiary Guarantor”, and together with Holdings, Primary Intermediate Holdco and Secondary Intermediate Holdco, the “Guarantors”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).
AGREEMENT FOR ASSIGNMENT OF RECEIVABLES N°Agreement for Assignment of Receivables • July 17th, 2007 • Superior Essex Inc • Nonferrous foundries (castings)
Among: ESSEX NEXANS EUROPE, a French simplified stock company (“société par action simplifiée”), the share capital of which is EUR 40 930 000, registered with the Registry of Commerce and Companies (“Registre du Commerce et des Sociétés”- RCS) of Compiègne B 440 088 110, the registered office of which is located in Compiègne (60 200), Rue Jean Monnet – L’Européen, Parc tertiaire de la Croix, and hereinafter called the “Company”
GUARANTEE AGREEMENTGuarantee Agreement • July 31st, 2008 • Superior Essex Inc • Nonferrous foundries (castings)
This guarantee agreement (“Guarantee”) is entered into between EXECUTIVE (“you”), LS Corp., a corporation organized under the laws of the Republic of Korea (“Parent”) and LS Cable Ltd., a wholly owned subsidiary of Parent organized under the laws of the Republic of Korea (“LS Cable” and, together with Parent, the “Guarantors” and each a “Guarantor”), as of July 30, 2008 and becomes effective subject to the occurrence of, and upon, the Purchase Time (as defined in the Agreement and Plan of Merger, dated as of June 11, 2008, among the Company (as defined below) and LS Cable).
October 21, 2005Contribution and Formation Agreement • October 27th, 2005 • Superior Essex Inc • Nonferrous foundries (castings) • Essex
Reference is hereby made to that certain Contribution and Formation Agreement, dated July 27, 2005 (the "Agreement"), by and between Superior Essex Inc. ("Superior"), Essex Group, Inc. ("Essex"), SE Holding, C.V. ("Essex Netherlands"), Nexans, Nexans Participations ("Participations"), Nexans Wires, and Lacroix & Kress GmbH ("L&K"). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Agreement.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 29th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into this 18th day of March, 2004, by and among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company ("Superior"), ESSEX GROUP, INC., a Michigan corporation ("Essex") (Superior and Essex being referred to collectively as "Borrowers," and individually as a "Borrower"); various financial institutions ("Lenders"); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors and assign sin such capacity, "Administrative Agent"); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, "Syndication Agent"; Administrative Agent and Syndication Agent are each hereafter referred to from time to time individually as an "Ag
FIRST AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • August 5th, 2005 • Superior Essex Inc • Nonferrous foundries (castings)
This First Amendment to Consulting Agreement dated as of July 1, 2005 (the “Amendment”) amends the Consulting Agreement dated as of February 1, 2005 (the “Original Agreement,” and as amended hereby, the “Agreement”) between DG Network (“the Consultant”) and Superior Essex Inc. and its subsidiary, affiliated and associated companies (collectively “SEI”).
AMENDED AND RESTATED AGREEMENTConsulting Agreement • February 29th, 2008 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
This Amended and Restated Agreement dated as of February 25, 2008 (the "Agreement") is by and between Denys Gounot ("Gounot"), DG Network ("DG Network") and Superior Essex Inc. (together with its subsidiary, affiliated and associated companies, "SEI").
PERSONAL AND CONFIDENTIAL Mr. Stephen C. Knup c/o Superior TeleCom Inc. Atlanta, Georgia 30339 Dear Stephen:Termination Agreement • December 16th, 2003 • Superior Essex Inc • Georgia
The purpose of this letter agreement and general release (the “Agreement”) is to acknowledge, and set forth the terms of, our agreement with regard to your termination of employment with Superior TeleCom Inc. (the “Parent”), Superior Telecommunications Inc. (“STI”) and their respective affiliates and subsidiaries and their successors (including, without limitation, Superior Essex Inc. (“Superior Essex”) and Superior Telecommunications LLC) (collectively with the Parent and STI, the “Employer”).
CONSULTING AGREEMENTConsulting Agreement • January 20th, 2006 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
This Agreement dated as of January 18, 2006 (the “Agreement”) is by and between DG Network (“DG Network”) and Superior Essex Inc. (together with its subsidiary, affiliated and associated companies, “SEI”) and is effective as of October 21, 2005.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 29th, 2004 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into this 20th day of February, 2004, by and among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company ("Superior"), ESSEX GROUP, INC., a Michigan corporation ("Essex") (Superior and Essex being referred to collectively as "Borrowers," and individually as a "Borrower"); various financial institutions ("Lenders"); FLEET CAPITAL CORPORATION, a Rhode Island corporation with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as collateral and administrative agent for the Lenders (together with its successors in such capacity, "Administrative Agent"); and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as syndication agent for the Lenders (together with its successors in such capacity, "Syndication Agent"; Administrative Agent and Syndication Agent are each hereafter referred to from time to time individually as an "Agent" and c
SHAREHOLDERS AGREEMENT by and between SUPERIOR ESSEX INC. SE HOLDING, C.V. NEXANS NEXANS PARTICIPATIONS and ALTENSYS SAS Dated as of October 21, 2005Shareholders Agreement • October 27th, 2005 • Superior Essex Inc • Nonferrous foundries (castings)
THIS SHAREHOLDERS AGREEMENT is dated as of October 21, 2005, by and between Superior Essex Inc., a Delaware corporation ("Superior"), SE Holding, C.V., a Dutch limited partnership ("Essex Netherlands"), Nexans, a French société anonyme ("Nexans"), Nexans Participations, a French société anonyme ("Participations"), and Altensys, SAS, a French société par actions simplifée (the "JV Holding Company").
CONSULTING AGREEMENTConsulting Agreement • February 23rd, 2005 • Superior Essex Inc • Nonferrous foundries (castings) • Georgia
This Consulting Agreement (this "Agreement") dated as of February 1, 2005 is to confirm the mutual agreement of the parties with respect to the terms and conditions under which DG Network ("the Consultant") will serve Superior Essex Inc. and its subsidiary, affiliated and associated companies (collectively "SEI") in a consulting capacity.
AGREEMENT REGARDING ENVIRONMENTAL MATTERSAgreement Regarding Environmental Matters • August 11th, 2008 • Superior Essex Inc • Nonferrous foundries (castings)
THIS AGREEMENT REGARDING ENVIRONMENTAL MATTERS (this “Agreement”) is made on August 5, 2008, by SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership (“Communications”), ESSEX GROUP, INC., a Michigan corporation (“EGI”; Communications and EGI are collectively referred to herein as “Indemnitors” and individually as an “Indemnitor”), each with a mailing address at 6120 Powers Ferry Road, Suite 150, Atlanta, Georgia 30339, in favor of BANK OF AMERICA, N.A., a national banking association with a mailing address at 300 Galleria Parkway, N.W., Suite 800, Atlanta, Georgia 30339, as administrative and collateral agent (in such capacity, together with its successors in such capacity, “Agent”) for each of the financial institutions (collectively, “Lenders”) now or hereafter parties to the Loan Agreement (as defined below), and the other Credit Parties (as defined in the Loan Agreement).
