ContractPromissory Note • June 7th, 2010 • Enpro Industries, Inc • Gaskets, packg & sealg devices & rubber & plastics hose • North Carolina
THIS AMENDED AND RESTATED PROMISSORY NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY IS SUBORDINATE TO ALL SENIOR INDEBTEDNESS IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN AMENDED AND RESTATED SUBORDINATION AGREEMENT DATED AS OF APRIL 26, 2006 (THE “SUBORDINATION AGREEMENT”) BY GARLOCK SEALING TECHNOLOGIES LLC IN FAVOR OF BANK OF AMERICA, N.A., AS AGENT FOR ITSELF AND CERTAIN OTHER SENIOR LENDERS.
FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND AMENDMENT TO OTHER LOAN DOCUMENTSLoan and Security Agreement • June 7th, 2010 • Enpro Industries, Inc • Gaskets, packg & sealg devices & rubber & plastics hose • North Carolina
The Applicable Margin shall be subject to reduction or increase, as applicable and as set forth in the table above, on a quarterly basis according to Average Availability for the Fiscal Quarter period ending on the last day of each Fiscal Quarter. Except as set forth in the last sentence hereof (or in the parenthetical set forth above), any such increase or reduction in the Applicable Margin provided for herein shall be effective three (3) Business Days after receipt by Agent of the financial statements and corresponding Compliance Certificate for each Fiscal Quarter. If the financial statements and the Compliance Certificate are not received by Agent by the date required pursuant to Section 10.1.3 (after giving effect to the applicable cure period set forth in Section 12.1.3), at the election of the Required Lenders the Applicable Margin shall be determined based on Level I in the above table until such time as such financial statements and Compliance Certificate are received and any
