Exit Financing Credit Agreement
Exhibit 99.4
Exit Financing Credit Agreement
Exit Financing. On the Effective Date, without any requirement of further action by security holders or directors of New Pliant, the Debtors or Reorganized Debtors, New Pliant and the Reorganized Debtors shall be authorized and directed to enter into the Exit Facility Credit Agreement, as well as any notes, documents or agreements in connection therewith, including, without limitation, any documents required in connection with the creation or perfection of the liens on the exit facility collateral. The Exit Facility Credit Agreement shall be designated as a Senior Credit Agreement pursuant to the terms of the Intercreditor Agreement. The final terms of the Exit Facility Credit Agreement and related documents will be filed by the Debtors as part of the Plan Supplement. The principal terms of the Exit Financing Credit Facility will be no less favorable to the Reorganized Debtors than the following:
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Borrower: |
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New Pliant |
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Guarantors: |
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All domestic and Canadian subsidiaries of the Borrowers |
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Lenders: |
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An agent and syndicate of lenders of national stature to be selected by the Debtors upon the conclusion of negotiations. |
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Facility Type: |
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Asset based revolving line of credit |
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Amount: |
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Line
Limit: Estimated to be at least $170 million, including $25 million sublimit
for letters of credit. In no event will borrowings under the Exit Facility,
when added to other outstanding senior debt, exceed the permitted senior debt
baskets under the 0xx Xxxx xxx 0xx Xxxx Xxxxxxxxxx. |
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Maturity Date: |
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No sooner than 2nd anniversary date of the Effective Date. |
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Interest Rate: |
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Market Rate |
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Collateral: |
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First priority security interest in substantially all inventory, receivables, deposits accounts, 100% of capital stock of, or other equity interests in, domestic subsidiaries, and 65% of the capital stock of, or other equity interests in, foreign subsidiaries, investment property and certain other assets (the “First Priority Security Interest”) and a second priority security interest in the real property, fixtures, equipment, intellectual property and other assets of the Borrowers (the “Second Priority Security Interest”) |
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Commitment and Closing Fees |
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Market Rate. Presently estimated to be in the range of approximately $2 miliom to $5 million. Debtors’ projections assume fees of $3.0 million. |
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Letters of Credit Fee |
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Market Rate |
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Representations, Warranties, Covenants, and Events of Default |
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Customary for facilities of this type. |
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Ranking |
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First
Priority Security Interest senior to security interest of the First Lien
Notes and the Second Lien Notes |
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