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Exhibit 4(g)
COMMITMENT INCREASE SUPPLEMENT
SUPPLEMENT, dated June 3, 1998, to the Amended and Restated Credit
Agreement, dated as of April 3, 1998 (as the same may be amended, supplemented
or otherwise modified, the "Credit Agreement"), among LES, INC., a Delaware
corporation (the "Company"), XXXXXXX ENVIRONMENTAL SERVICES (CANADA) LTD., a
Canadian corporation and a wholly owned Subsidiary of the Company (the "Canadian
Borrower"; together with the Company, the "Borrowers"), the several banks and
other financial institutions or entities from time to time parties thererto (the
"Lenders"), TORONTO DOMINION (TEXAS), INC., as general administrative agent (in
such capacity, the "General Administrative Agent"), THE TORONTO-DOMINION BANK,
as Canadian administrative agent (in such capacity, the "Canadian Administrative
Agent"; together with the General Administrative Agent, the "Administrative
Agents"), TD SECURITIES (USA) INC., as advisor to the Borrowers and arranger of
the commitments described in the Credit Agreement, THE BANK OF NOVA SCOTIA,
NATIONSBANK, N.A., THE FIRST NATIONAL BANK OF CHICAGO and WACHOVIA BANK, N.A.,
as managing agents (each, in such capacity, a "Managing Agent"), THE BANK OF
NOVA SCOTIA and THE FIRST NATIONAL BANK OF CHICAGO, as co-documentation agent
(each, in such capacity, a "Co-Documentation Agent"), and NATIONSBANK, N.A., as
syndication agent (in such capacity, the "Syndication Agent").
W I T N E S S E T H :
WHEREAS, pursuant to the provisions of Section 2.8 of the Credit
Agreement, the undersigned may increase the amount of its Revolving Credit
Commitment in accordance with the terms thereof by executing and delivering to
the Borrowers and the General Administrative Agent a supplement to the Credit
Agreement in substantially the form of this Supplement; and
WHEREAS, the undersigned now desires to increase the amount of
its Revolving Credit Commitment under the Credit Agreement;
NOW THEREFORE, the undersigned hereby agrees as follows:
1. The undersigned agrees, subject to the terms and conditions of
the Credit Agreement, that on the date this Supplement is accepted by the
Borrowers and the General Administrative Agent it shall have its Revolving
Credit Commitment increased by $100,000,000, thereby making the amount of
its Commitment $259,677,419.36.
2. Terms defined in the Credit Agreement shall have their defined
meanings when used herein.
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IN WITNESS WHEREOF, the undersigned has caused this Supplement to be
executed and delivered by a duly authorized officer on the date first above
written.
TORONTO DOMINION (TEXAS), INC.
By /s/ XXXX X. XXXXXXXX
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Title: Managing Director
Accepted this 3rd day of June, 1998.
LES, INC.
By /s/ XXXX X. XXXXXXXXX
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Title: Senior Vice President & CFO
Accepted this 3rd day of June, 1998.
XXXXXXX ENVIRONMENTAL SERVICES (CANADA) LTD.
By /s/ XXXX X. XXXXXXXXX
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Title: Senior Vice President & CFO
Accepted this 3rd day of June, 1998.
TORONTO DOMINION (TEXAS), INC.,
as General Administrative Agent
By /s/ XXXX X. XXXXXXXX
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Title: Managing Director