SECOND LIEN CREDIT AGREEMENT Dated as of September 28, 2012 among MEMC ELECTRONIC MATERIALS, INC., as Borrower, GOLDMAN SACHS BANK USA, as Administrative Agent, Sole Lead Arranger and Sole Syndication Agent, GOLDMAN SACHS BANK USA and DEUTSCHE BANK...Second Lien Credit Agreement • October 2nd, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
This SECOND LIEN CREDIT AGREEMENT (“Agreement”) is entered into as of September 28, 2012, among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), GOLDMAN SACHS BANK USA, as Administrative Agent, Sole Lead Arranger and Sole Syndication Agent, and GOLDMAN SACHS BANK USA and DEUTSCHE BANK SECURITIES INC., as Joint Bookrunners.
GUARANTY AGREEMENTGuaranty Agreement • October 2nd, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
This GUARANTY AGREEMENT (this “Guaranty”), dated as of September 28, 2012, is made by certain Subsidiaries of the Borrower (as defined below) as identified on the signature pages hereto and any Additional Guarantor (as defined below) who may become a party to this Guaranty (such Material Subsidiaries and Additional Guarantors, collectively, the “Guarantors”, and each, a “Guarantor”), in favor of GOLDMAN SACHS BANK USA, as Administrative Agent (in such capacity, the “Administrative Agent”) for the ratable benefit of itself and the Secured Parties identified below.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 2nd, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT dated as of September 28, 2012 (this “Amendment”), is entered into among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto and the Lenders identified on the signature pages hereto, and acknowledged by BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
