0000926044-06-000220 Sample Contracts
WAIVER AND EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Michigan
THIS WAIVER AND EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of March 25, 2005, is by and among CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and its subsidiaries party hereto (the Company and its subsidiaries are collectively referred to herein as the “Loan Parties” and individually referred to herein as a “Loan Party”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Banks”), and JPMORGAN CHASE BANK, N.A., successor by merger to Bank One, NA, a national banking association, as agent on behalf of the Banks (in such capacity, the “Agent”).
Standard Contracts
WAIVER AND FIFTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
This WAIVER AND FIFTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENT (“Fifth Amendment”) is made and entered into as of March 25, 2005 between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), its subsidiaries party hereto (the Company and its subsidiaries are referred to individually as a “Loan Party” and collectively as the “Loan Parties”), jointly and severally, as borrowers and WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”), the Emilie D. Wierda Living Trust dated 3/1/94, William Beckman, Thomas Wallace, the Craig Wierda Grantor Retained Annuity Trust, dated January 31, 1994, and the Emilie Wierda Grantor Retained Annuity Trust, dated January 31, 1994, (together with WBMCF, each a “Lender” and collectively, as the “Lenders”).
TENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
THIS TENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of August 1, 2005, is by and among CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and its subsidiaries party hereto (the Company and its subsidiaries are collectively referred to herein as the “Loan Parties” and individually referred to herein as a “Loan Party”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Banks”), and JPMORGAN CHASE BANK, N.A., successor by merger to Bank One, NA, a national banking association, as agent on behalf of the Banks (in such capacity, the “Agent”).
EIGHTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
This EIGHTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENT (“Eighth Amendment”) is made and entered into as of September 30, 2005 between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), its subsidiaries party hereto (the Company and its subsidiaries are referred to individually as a “Loan Party” and collectively as the “Loan Parties”), jointly and severally, as borrowers and WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”), the Emilie D. Wierda Living Trust dated 3/1/94, William Beckman, Thomas Wallace, the Craig Wierda Grantor Retained Annuity Trust, dated January 31, 1994, and the Emilie Wierda Grantor Retained Annuity Trust, dated January 31, 1994, (together with WBMCF, each a “Lender” and collectively, as the “Lenders”).
SEVENTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
This SEVENTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENT (“Seventh Amendment”) is made and entered into as of August 1, 2005 between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), its subsidiaries party hereto (the Company and its subsidiaries are referred to individually as a “Loan Party” and collectively as the “Loan Parties”), jointly and severally, as borrowers and WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”), the Emilie D. Wierda Living Trust dated 3/1/94, William Beckman, Thomas Wallace, the Craig Wierda Grantor Retained Annuity Trust, dated January 31, 1994, and the Emilie Wierda Grantor Retained Annuity Trust, dated January 31, 1994, (together with WBMCF, each a “Lender” and collectively, as the “Lenders”).
NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Michigan
THIS NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of April ____, 2005, is by and among CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and its subsidiaries party hereto (the Company and its subsidiaries are collectively referred to herein as the “Loan Parties” and individually referred to herein as a “Loan Party”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Banks”), and JPMORGAN CHASE BANK, N.A., successor by merger to Bank One, NA, a national banking association, as agent on behalf of the Banks (in such capacity, the “Agent”).
TWELFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Michigan
THIS TWELFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of November 21, 2005, is by and among CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and its subsidiaries party hereto (the Company and its subsidiaries are collectively referred to herein as the “Loan Parties” and individually referred to herein as a “Loan Party”), the financial institutions parties hereto (together with their respective successors and assigns, the “Banks”), and JPMORGAN CHASE BANK, N.A., successor by merger to Bank One, NA, a national banking association, as agent on behalf of the Banks (in such capacity, the “Agent”).
REVOLVING NOTE (Revolving B Loans)Revolving Note • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
FOR VALUE RECEIVED, on or before the Termination Date (or, if such day is not a Business Day, on the next following Business Day), the undersigned, Clarion Technologies, Inc., a Delaware corporation (the “Company”), and the subsidiaries of the Company signatory hereto (herein, the “Subsidiaries”, together with the Company and their respective successors and assigns, called the “Loan Parties”), jointly and severally, promise to pay to the order of Fifth Third Bank (herein, together with its successors and assigns, called the “Bank”), the maximum principal sum available of Eight Hundred Thousand and 00/100 Dollars ($800,000) or, if less, the aggregate unpaid principal amount of all Revolving B Loans made by the Bank to the undersigned pursuant to an Amended and Restated Credit Agreement dated as of April 14, 2003, as amended, among the Loan Parties, the financial institutions, including the Bank, that are or from time to time may become parties thereto, and JPMorgan Chase Bank, N.A., suc
NINTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Illinois
This NINTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENT (“Ninth Amendment”) is made and entered into as of December 16, 2005 between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), its subsidiaries party hereto (the Company and its subsidiaries are referred to individually as a “Loan Party” and collectively as the “Loan Parties”), jointly and severally, as borrowers and WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”), the Emilie D. Wierda Living Trust dated 3/1/94, William Beckman, Thomas Wallace, the Craig Wierda Grantor Retained Annuity Trust, dated January 31, 1994, and the Emilie Wierda Grantor Retained Annuity Trust, dated January 31, 1994, (together with WBMCF, each a “Lender” and collectively, as the “Lenders”).
CREDIT SUPPORT COMPENSATION AND DRAW AGREEMENTCredit Support Compensation and Draw Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Illinois
This CREDIT SUPPORT COMPENSATION AND DRAW AGREEMENT (this “Agreement”) is made and entered into as of December 16, 2005, between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”) and Craig Wierda (together with WBMCF, each a “Backstop Lender” and collectively, as the “Backstop Lenders”).
SIXTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
This SIXTH AMENDMENT TO AMENDED AND RESTATED SENIOR SUBORDINATED LOAN AGREEMENT (“Sixth Amendment”) is made and entered into as of April 30, 2005 between CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), its subsidiaries party hereto (the Company and its subsidiaries are referred to individually as a “Loan Party” and collectively as the “Loan Parties”), jointly and severally, as borrowers and WILLIAM BLAIR MEZZANINE CAPITAL FUND III, L.P., a Delaware limited partnership (“WBMCF”), the Emilie D. Wierda Living Trust dated 3/1/94, William Beckman, Thomas Wallace, the Craig Wierda Grantor Retained Annuity Trust, dated January 31, 1994, and the Emilie Wierda Grantor Retained Annuity Trust, dated January 31, 1994, (together with WBMCF, each a “Lender” and collectively, as the “Lenders”).
TERM NOTE (converted Capex Loans)Term Note • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories
FOR VALUE RECEIVED, the undersigned, Clarion Technologies, Inc., a Delaware corporation (the “Company”), and the subsidiaries of the Company signatory hereto (herein, the “Subsidiaries”, together with the Company and their respective successors and assigns, the “Loan Parties”), jointly and severally, promise to pay to the order of Fifth Third Bank (herein, together with its successors and assigns, called the “Bank”), the principal sum of One Million One Hundred Forty Thousand and 00/100 DOLLARS ($1,140,000), payable in fifteen (15) consecutive equal monthly principal installments each in the amount of $20,000 on the fifteenth (15th) day of each month commencing as of January 15, 2006 through March 15, 2007, plus interest, with a final payment of the entire principal balance outstanding, plus all accrued and unpaid interest, hereunder due on April 15, 2007. This Term Note (herein called this “Note”) is made pursuant to an Amended and Restated Credit Agreement dated as of April 14, 2003,
LEASE AGREEMENT Avenida de las Torres No.2070, Colonia Torres del Sur, in Ciudad Juarez, State of Chihuahua, United Mexican States (hereinafter “Mexico”) 32547Lease Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Chihuahua
THIS LEASE AGREEMENT (this “Lease”) is made as of this First day of August, 2005 by and between Inmobiliaria Los Bravos, S.A. de C.V. (“Landlord”), a Mexican company with variable capital, having a principal place of business at Blvd. Gomez Morin No. 7045 4to Piso, Colonia Rincones de Santa Rita, in Ciudad Juarez, State of Chihuahua, Mexico and represented herein by Mr. Manuel Talavera-Carranza in his capacity as legal representative, and Clarion Technologies de Mexico, S. de R.L. de C.V. (“Tenant”), a Mexican limited liability corporation, having a principal place of business at Rio Nilo No. 4135-1, Colonia Cordoba Americas in Ciudad Juarez, State of Chihuahua, Mexico, Zip Code 32310 and represented herein by Enrique Javier Vargas in his capacity as legal representative.
ELEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 21st, 2006 • Clarion Technologies Inc/De/ • Motor vehicle parts & accessories • Michigan
THIS ELEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of September 30, 2005, is by and among CLARION TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and its subsidiaries party hereto (the Company and its subsidiaries are collectively referred to herein as the “Loan Parties” and individually referred to herein as a “Loan Party”), the financial institutions parties hereto (together with their respective successors and assigns, the “Banks”), and JPMORGAN CHASE BANK, N.A., successor by merger to Bank One, NA, a national banking association, as agent on behalf of the Banks (in such capacity, the “Agent”).
