October 17, 2001 K2 INC. 4900 South Eastern Avenue Los Angeles, California 90040 Attention: John J. Rangel Senior Vice President, Finance Re: Credit Agreement dated as of December 21, 1999, as amended Ladies and Gentlemen:K2 Inc • November 14th, 2001 • Sporting & athletic goods, nec
Reference is made to that certain Credit Agreement dated as of December 21, 1999 (the "Agreement") among K2 Inc. ("Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as the Administrative Agent, Issuing Lender and Swing Line Lender (collectively, the "Lender Parties"). Terms not defined herein have the meanings assigned to them in the Agreement.
FIFTH AMENDMENT AND LIMITED WAIVER TO TRANSFER AND ADMINISTRATION AGREEMENTTransfer and Administration Agreement • November 14th, 2001 • K2 Inc • Sporting & athletic goods, nec • New York
FIFTH AMENDMENT AND LIMITED WAIVER TO TRANSFER AND ADMINISTRATION AGREEMENT (this "Amendment"), dated as of November 12, 2001, to the Amended and Restated Transfer and Administration Agreement, dated as of April 4, 2000 (the "Agreement"), among ENTERPRISE FUNDING CORPORATION, a Delaware corporation (the "Company"), K2 FUNDING, INC., a Delaware corporation, as the transferor (the "Transferor"), K2 INC., a Delaware corporation ("K2 Inc.") as the master servicer (the "Master Servicer") and BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association ("Bank of America"), as agent for the Company and the Bank Investors (in such capacity, the "Agent"), as Administrative Agent and as a Bank Investor.
FOURTH AMENDMENT AND LIMITED WAIVER TO TRANSFER AND ADMINISTRATION AGREEMENTTransfer and Administration Agreement • November 14th, 2001 • K2 Inc • Sporting & athletic goods, nec • New York
FOURTH AMENDMENT AND LIMITED WAIVER TO TRANSFER AND ADMINISTRATION AGREEMENT (this "Amendment"), dated as of September 30, 2001, to the Amended and Restated Transfer and Administration Agreement, dated as of April 4, 2000 (the "Agreement"), among ENTERPRISE FUNDING CORPORATION, a Delaware corporation (the "Company"), K2 FUNDING, INC., a Delaware corporation, as the transferor (the "Transferor"), K2 INC., a Delaware corporation ("K2 Inc.") as the master servicer (the "Master Servicer") and BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association ("Bank of America"), as agent for the Company and the Bank Investors (in such capacity, the "Agent"), as Administrative Agent and as a Bank Investor.
LIMITED WAIVERGuaranty Agreement • November 14th, 2001 • K2 Inc • Sporting & athletic goods, nec • New York
THIS LIMITED WAIVER, dated as of October 22, 2001 (this "Waiver"), is entered into among K2, INC., a Delaware corporation, formerly known as Anthony Industries, Inc. (the "Company"), PRINCIPAL LIFE INSURANCE COMPANY ("Principal"), MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY ("MassMutual"), LIFE INVESTORS INSURANCE COMPANY OF AMERICA ("Life"), and MONUMENTAL LIFE INSURANCE COMPANY("Monumental" and together with Principal, MassMutual, and Life, each a "Holder" and collectively, the "Holders"), in light of the following:
Waiver K2 Inc. 4900 South Eastern Avenue Los Angeles, California 90040 Re: Note Purchase Agreement dated as of December 1, 1999Note Purchase Agreement • November 14th, 2001 • K2 Inc • Sporting & athletic goods, nec
Reference is made to the Note Purchase Agreement dated as of December 1, 1999 (the "Note Purchase Agreement"), between K2 Inc., a Delaware corporation (the "Company"), and the Purchasers named therein, under and pursuant to which $50,000,000 aggregate principal amount of 8.41% Series 1999-A Senior Notes due December 1, 2009 (the "Notes") of the Company were originally issued. Terms used but not otherwise defined herein shall have the meanings set forth in the Note Purchase Agreement.
