October 25, 2000 The Bank of Nova Scotia One Liberty Plaza New York, New York 10006 Attention: D. Norman Gillespie Amendment to Share Exchange Letter Agreement dated July 31, 2000 ---------------------------------------------------------------- Dear...Share Exchange Agreement • November 8th, 2000 • Bank of Nova Scotia / • State commercial banks • New York
This will confirm our agreement to amend the letter agreement dated July 31, 2000 (the "Share Exchange Agreement") between Foamex International Inc. ("Foamex") and The Bank of Nova Scotia ("Scotia Bank") concerning the exchange of 1,500,000 shares of the common stock, par value $.01 per share, of Foamex to 15,000 shares of Series B Preferred Stock, par value $1.00 per share, of Foamex, effective as of the date of this letter, as follows: Clause (g) of Section 5 of the Share Exchange Agreement shall be amended to replace the date "October 31, 2000" with the date "November 10, 2000".
Exhibit 99.6 JOINT FILING AGREEMENT In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree that this Statement on Schedule 13D with respect to the beneficial ownership of shares of...Joint Filing Agreement • November 8th, 2000 • Bank of Nova Scotia / • State commercial banks
In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree that this Statement on Schedule 13D with respect to the beneficial ownership of shares of Common Stock of Foamex International Inc. is filed jointly, on behalf of each of them. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
CALDER & CO.Partnership Agreement • November 8th, 2000 • Bank of Nova Scotia / • State commercial banks
Background ---------- A. The Bank made loans and advances, and extended credit and other financial accommodations to or for the benefit of (collectively, the "Pre- Petition Loans"), Trace International and/or Trace Foam Sub pursuant to, or in...Stipulation of Settlement • November 8th, 2000 • Bank of Nova Scotia / • State commercial banks
