Common Contracts

Settlement Agreement

Settlement Agreement • July 21st, 2015 • New York

• Contract Type
  Settlement Agreement
• Filed
  July 21st, 2015
• Jurisdiction
  New York

This Settlement Agreement (this “Settlement Agreement”) is entered into as of July 21, 2015, by and among (i) the Official Committee of Unsecured Creditors (the “Committee”) appointed in the Cases (as defined below), on behalf of the Debtors (as defined below) and each of their respective estates; (ii) Cantor Fitzgerald Securities, in its capacity as administrative agent under the DIP Credit Agreement (as defined herein) and administrative agent under the Pre-Petition ABL Credit Agreement (as defined herein) (collectively, the “ABL Agent”); and (iii) the undersigned First Out Lenders1 party to the DIP Credit Agreement or the Pre-Petition ABL Credit Agreement (the “First Out Lenders” and together with the Debtors, the Committee and the ABL Agent, each a “Party” and collectively, the “Parties”).