ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 31st, 2009 • Foamex International Inc. • Plastics foam products • New York
THIS ASSET PURCHASE AGREEMENT (this "Agreement"), dated as of March 25, 2009, is made by and among MP Foam DIP LLC, a Delaware limited liability company("Purchaser"), and Foamex International Inc., a Delaware corporation ("Foamex Inc."), Foamex L.P., a Delaware limited partnership ("Foamex"), FMXI, LLC, a Delaware limited liability company ("FMXI", together with Foamex Inc. and Foamex, the "Seller Parents"), Foamex Latin America, Inc., a Delaware corporation ("Foamex Latin America"), Foamex Asia, Inc., a Delaware corporation ("Foamex Asia"), Foamex Carpet Cushion LLC, a Delaware limited liability company ("Foamex Carpet"), Foamex Mexico, Inc., a Delawarecorporation ("Foamex Mexico") and Foamex Canada Inc., a Canadian corporation ("Foamex Canada") (each a "Selling Subsidiary", and collectively the "Selling Subsidiaries", and together with the Seller Parents, "Sellers").
AMENDMENT NO. 1 TO DEBTOR-IN-POSSESSION CREDIT AGREEMENTDebtor-in-Possession Credit Agreement • March 31st, 2009 • Foamex International Inc. • Plastics foam products • New York
AMENDMENT NO. 1 TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment") dated as of March 24, 2009 by and among Foamex L.P., a Delaware limited partnership ("Borrower") and the financial institutions listed on the signature pages hereof (the "Lenders"). Capitalized terms used in this Amendment but not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement referred to below (as applicable).
