FIRST AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by IFCO SYSTEMS N.V., IFCO SYSTEMS NORTH AMERICA, INC., as Borrower, and certain of their Subsidiaries in favor of BANK ONE, NA as Administrative Agent Dated as of December 23, 2002Guarantee and Collateral Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
FIRST AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of December 23, 2002, made by each of the signatories hereto, in favor of BANK ONE, NA, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Third Amended and Restated Credit Agreement, dated as of December 20, 2002 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among IFCO SYSTEMS N.V., IFCO SYSTEMS NORTH AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement, and the Administrative Agent.
GUARANTEEGuarantee • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
This GUARANTEE (this “Guarantee”) dated as of January 22 , 2003, made by IFCO Systems Management GmbH, a limited liability company organized under the laws of Germany (“Guarantor”), in favor of BANK ONE, NA, as administrative agent (in such capacity, the “Administrative Agent”) for the several banks and other financial institutions or entities from time to time parties to the Third Amended and Restated Credit Agreement, dated as of December 20, 2002 (as amended, supplemented, restated, or otherwise modified from time to time, the “Credit Agreement”), among IFCO SYSTEMS N.V., a public limited liability company organized under the laws of the Netherlands (“Holdings”), IFCO SYSTEMS NORTH AMERICA, INC., a Delaware corporation (the “Borrower”), the Lenders and the Administrative Agent.
COLLATERAL AGREEMENT made by IFCO SYSTEMS MANAGEMENT GMBH in favor of BANK ONE, NA as Administrative Agent Dated as of January 22, 2003Collateral Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
COLLATERAL AGREEMENT, dated as of January 22, 2003, made by IFCO SYSTEMS MANAGEMENT GMBH (“Grantor”), in favor of BANK ONE, NA, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Third Amended and Restated Credit Agreement, dated as of December 20, 2002 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”), among IFCO SYSTEMS, N.V. (“Holdings”), IFCO SYSTEMS NORTH AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement, and the Administrative Agent.
AMENDMENT NO. 5 AND FORBEARANCEForbearance Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • New York
THIS AMENDMENT NO. 5 AND FORBEARANCE (herein called this “Amendment”) made as of July 25, 2002, by and among IFCO Systems, N.V., a public limited liability company organized under the laws of the Netherlands (“Holdings”), IFCO Systems North America, Inc., a Delaware corporation (“Borrower”), the Lenders (as defined below) executing this Amendment, and Bank One, NA, as administrative agent for the Lenders (“Administrative Agent”).
FIRST AMENDED AND RESTATED COLLATERAL AGREEMENT made by Certain Subsidiaries of IFCO SYSTEMS N.V. in favor of BANK ONE, NA as Administrative Agent Dated as of December 23, 2002Collateral Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
FIRST AMENDED AND RESTATED COLLATERAL AGREEMENT, dated as of December 23, 2002, made by each of the signatories hereto, in favor of BANK ONE, NA, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Third Amended and Restated Credit Agreement, dated as of December 20, 2002 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”), among IFCO SYSTEMS, N.V. (“Holdings”), IFCO SYSTEMS NORTH AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement, and the Administrative Agent.
RESTRUCTURING AGREEMENT BY AND AMONG IFCO SYSTEMS N.V., SCHOELLER LOGISTIC TECHNOLOGIES HOLDING GMBH, SCHOELLER LOGISTIC SYSTEMS GMBH AND THE CONSENTING NOTEHOLDERS SIGNATORIES HERETO Dated as of 18 September 2002Restructuring Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • New York
RESTRUCTURING AGREEMENT, dated as of 18 September 2002 (this “Agreement”), among IFCO SYSTEMS N.V., a Netherlands public company (the “Company”), SCHOELLER LOGISTIC TECHNOLOGIES HOLDING GMBH, a German limited liability company (“SLT”), SCHOELLER LOGISTIC SYSTEMS GMBH, a German limited liability company (“SLS”), and each of the Noteholders (as defined herein) signatory to this Agreement (each, a “Consenting Noteholder” and collectively, the “Consenting Noteholders”).
AMENDMENT TO RESTRUCTURING AGREEMENT BY AND AMONG IFCO SYSTEMS N.V., SCHOELLER LOGISTIC TECHNOLOGIES HOLDING GMBH, SCHOELLER LOGISTIC SYSTEMS GMBH AND THE CONSENTING NOTEHOLDERS SIGNATORIES HERETO Dated as of 31 December 2002Restructuring Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • New York
THIS AMENDMENT TO RESTRUCTURING AGREEMENT, dated as of 31 December 2002 (this “Amendment”), among IFCO SYSTEMS N.V., a Netherlands public company (the “Company”), SCHOELLER LOGISTIC TECHNOLOGIES HOLDING GMBH, a German limited liability company (“SLT”), SCHOELLER LOGISTIC SYSTEMS GMBH, a German limited liability company (“SLS”), and the Consenting Noteholders signatory hereto who are also members of the Ad Hoc Committee (each, a “Consenting Noteholder” and collectively, the “Consenting Noteholders”).
FIRST AMENDED AND RESTATED GUARANTEEFirst Amended and Restated Guarantee • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
This FIRST AMENDED AND RESTATED GUARANTEE (this “Guarantee”) dated as of December 23, 2002, made by IFCO Systems GmbH, a limited liability company organized under the laws of Germany, GISO Verwaltungsgesellschaft mbH & Co. Behälterleasing KG, a limited liability company organized under the laws of Germany (each a “German Subsidiary Guarantor”, collectively “German Subsidiary Guarantors”), IFCO Systems Italia Srl, a corporation organized under the laws of Italy, IFCO Systems Espana, S.A., a corporation organized under the laws of Spain, IFCO Systems UK Limited, a corporation organized under the laws of the United Kingdom, IFCO Systems France S.A.S., organized under the laws of France, IFCO Scandinavien S/A, organized under the laws of Denmark, IFCO Systems Österreich GmbH, organized under the laws of Austria, IFCO Systems (Schweiz) AG, organized under the laws of Switzerland, GELOG AG, organized under the laws of Switzerland, IFCO Lojistik Sistemleri Tic. Ltd. Sti, organized under the l
THIRD SUPPLEMENTAL INDENTURE dated as of December 30, 2002 to the Indenture dated March 8, 2000, as amendedThird Supplemental Indenture • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • New York
THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of December 30, 2002, to the Indenture dated March 8, 2000, as amended by the First Supplemental Indenture, dated June 17, 2000, and as further amended by the Second Supplemental Indenture, dated September 8, 2000 (the “Indenture”), among IFCO SYSTEMS MANAGEMENT GMBH (the “New Guarantor”), IFCO SYSTEMS N.V., a Netherlands public company (the “Company”), each of the GUARANTORS under the Indenture referred to below (collectively, the “Existing Guarantors” and together with the New Guarantor, the “Guarantors”), and THE BANK OF NEW YORK, a New York banking corporation, as Trustee (the “Trustee”).
THIRD AMENDED AND RESTATED CREDIT AGREEMENT among IFCO SYSTEMS N.V., IFCO SYSTEMS NORTH AMERICA, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, and BANK ONE, NA as Administrative Agent Dated as of December 20, 2002Credit Agreement • April 1st, 2003 • Ifco Systems Nv • Plastics products, nec • Texas
THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 20, 2002, among IFCO SYSTEMS N.V., a public limited liability company organized under the laws of the Netherlands (“Holdings”), IFCO SYSTEMS NORTH AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and BANK ONE, NA, as administrative agent (in such capacity, the “Administrative Agent”).
