REGISTRATION RIGHTS AGREEMENT by and among Exide Technologies, and Deutsche Bank Securities Inc., as the Representative of the several Initial Purchasers Dated as of January 25, 2011Registration Rights Agreement • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 25, 2011, by and among Exide Technologies, a Delaware corporation (the “Company”), and Deutsche Bank Securities Inc., as the representative (the “Representative”) of the several initial purchasers (collectively, the “Initial Purchasers”) listed on Schedule I to the Purchase Agreement (as defined below), each of which has agreed to purchase the Company’s 8⅝% Senior Secured Notes due 2018 (the “Initial Notes”) pursuant to the Purchase Agreement.
EXIDE TECHNOLOGIES as issuer, and ANY GUARANTORS PARTY HERETO, as Guarantors WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of January 25, 2011 8⅝% Senior Secured Notes due 2018Indenture • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
INDENTURE dated as of January 25, 2011 between Exide Technologies, a Delaware corporation (the “Company”), and Wells Fargo Bank, National Association, as Trustee (the “Trustee”).
CREDIT AGREEMENT Dated as of January 25, 2011 by and among EXIDE TECHNOLOGIES and the certain Subsidiaries thereof, as US Borrowers, EXIDE GLOBAL HOLDING NETHERLANDS C.V., as Foreign Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO, WELLS FARGO...Credit Agreement • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of January 25, 2011, by and among Lenders identified on the signature pages hereof (each of such lenders, together with their respective successors and permitted assigns, are referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), EXIDE TECHNOLOGIES, a Delaware corporation (the “Company”), certain Restricted Subsidiaries of the Company (the “US Subsidiary Borrowers” and, together with the Company, the “US Borrowers”) and EXIDE GLOBAL HOLDING NETHERLANDS C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrowers, the “Borrowers”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
This INTERCREDITOR AGREEMENT is dated as of January 25, 2011, and entered into by and among EXIDE TECHNOLOGIES, a Delaware corporation (the “Company”), WELLS FARGO CAPITAL FINANCE, LLC, in its capacity as agent under the ABL Credit Agreement, including its successors and assigns from time to time (the “Initial ABL Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee (the “Trustee”) and Collateral Agent, not in its individual capacity, but solely in its capacity as trustee and collateral agent under the Indenture, including its successors and assigns from time to time (in such capacities, the “Notes Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1.
SECURITY AGREEMENTSecurity Agreement • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECURITY AGREEMENT (this “Agreement”) is dated as of January 25, 2011, among the Grantors listed on the signature pages hereof and those additional Persons that hereafter become parties hereto by executing a Joinder Agreement (each, a “Grantor,” and collectively, the “Grantors”), and Wells Fargo Bank, National Association, not in its individual capacity, but solely in its capacity as collateral agent under the Indenture (in such capacity, together with its successors and assigns in such capacity, “Agent”).
US GENERAL CONTINUING GUARANTYUs General Continuing Guaranty • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS US GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of January 25, 2011, is executed and delivered by EXIDE TECHNOLOGIES, a Delaware corporation (the “Company”) and any Additional Guarantor (as defined below) who may become a party to this Guaranty (the Company and the Additional Guarantors, collectively, the “Guarantors”, and individually, a “Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
EXIDE TECHNOLOGIES as issuer, and FIRST SUPPLEMENTAL INDENTURE Dated as of January 25, 2011 to the INDENTURE Dated as of March 18, 2005First Supplemental Indenture • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
FIRST SUPPLEMENTAL INDENTURE dated as of January 25, 2011 (this “Supplemental Indenture”) between Exide Technologies, a Delaware corporation (the “Company”), and U.S. Bank National Association, a national banking association (as successor to SunTrust Bank, a banking corporation organized and existing under the laws of the State of Georgia), as Trustee (the “Trustee”), to the Indenture (the “Indenture”) dated as of March 18, 2005 between the Company and the Trustee.
US SECURITY AGREEMENTUs Security Agreement • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS US SECURITY AGREEMENT (this “Agreement”) is dated as of January 25, 2011, among the Grantors listed on the signature pages hereof and those additional Persons that hereafter become parties hereto by executing a US Joinder Agreement (each, a “Grantor”, and collectively, the “Grantors”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company (“WFCF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
