Revolving Credit Facility Commitment LetterRevolving Credit Facility Commitment Letter • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
Blyth, Inc., a Delaware corporation (“Blyth” or “Lender”) hereby commits to provide to ViSalus, Inc., a Nevada corporation (“you”, “ViSalus” or “Borrower”) a revolving credit loan facility in the amount of $6 million (the “Revolving Credit Facility”) upon the terms and subject to the conditions set forth in this letter (this “Commitment Letter”) and in the attached Term Sheet attached hereto as Exhibit A and hereby made a part of this Commitment Letter (the “Term Sheet”). Capitalized terms used in the text of this Commitment Letter without definition have the meanings assigned in the Term Sheet.
COLLATERAL AGREEMENTCollateral Agreement • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
COLLATERAL AGREEMENT, dated as of September 4, 2014, made by Blyth, Inc. a Delaware corporation (the “Issuer”), the other Persons listed on the signature pages hereof and the Additional Grantors (as defined herein) in favor of U.S. Bank National Association, as collateral agent (in such capacity, together with any successor agent, the “Collateral Agent”) for the Holders (together with the Collateral Agent and the Trustee (as defined below), the “Secured Parties”) of the Amended and Restated Senior Notes due 2017 (the “Securities”, which term shall include any amendments, restatements, supplements or other modifications thereto), issued pursuant to the terms of that certain Indenture, dated as of May 10, 2013, by and among the Issuer, the other Grantors and U.S. Bank National Association, as Trustee (in such capacity, together with any successor agent, the “Trustee”) and Collateral Agent (as amended, restated, supplemented waived and/or otherwise modified from time to time, including pu
CONSENT AGREEMENTConsent Agreement • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
This CONSENT AGREEMENT (this “Agreement”) is made and entered into as of September 4, 2014, by and among Blyth, Inc., a Delaware corporation (the “Company”), and the persons signatories hereto as “Holders” (the “Holders”).
RECAPITALIZATION AGREEMENTRecapitalization Agreement • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
This RECAPITALIZATION AGREEMENT (this “Agreement”) is entered into as of September 4, 2014, by and among ViSalus, Inc., a Nevada corporation (“ViSalus”), Blyth, Inc., a Delaware corporation (“Blyth”), and the Persons identified on the signature page hereof as “Series B Preferred Holders” (the “Series B Holders”). Capitalized terms used herein that are not otherwise defined herein shall have the meanings ascribed to them in the MIPA (as defined below).
ContractSupplemental Indenture • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 4, 2014 among Blyth, Inc., a Delaware corporation (the “Company”), the persons signatory hereto as “Guarantors (the “Guarantors”) and U.S. Bank National Association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”) under the Indenture referred to below.
TRANSITION SERVICES AGREEMENTTransition Services Agreement • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
This Transition Services Agreement (the “Agreement”) is made and entered into as of September 4, 2014 by and between ViSalus, Inc. (“ViSalus”) and Blyth, Inc. (“Blyth”). ViSalus and Blyth are at times hereafter collectively referred to as the “Parties” or individually referred to as a “Party.”
