NOTICE, JOINDER AND AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • April 27th, 2011 • Eastman Kodak Co • Photographic equipment & supplies • New York
NOTICE, JOINDER AND AMENDMENT TO INTERCREDITOR AGREEMENT (this “Agreement”), dated as of April 26, 2011, by and among EASTMAN KODAK COMPANY (the “Company”), for itself and on behalf of the other Grantors, CITICORP USA, INC., in its capacity as the Initial First Lien Representative (the “Initial First Lien Representative”), THE BANK OF NEW YORK MELLON, in its capacity as Second Lien Representative for and on behalf of the Second Lien Secured Parties, and BANK OF AMERICA, N.A., in its capacity as successor First Lien Representative (the “New First Lien Representative”).
SECOND AMENDED AND RESTATED US SECURITY AGREEMENT Dated April 26, 2011 From The Grantors referred to herein as Grantors to Bank of America N.A. (as successor agent to Citicorp USA, Inc.) as AgentSecurity Agreement • April 27th, 2011 • Eastman Kodak Co • Photographic equipment & supplies • New York
AMENDED AND RESTATED US SECURITY AGREEMENT dated April 26, 2011 (this “Agreement”), made by Eastman Kodak Company, a New Jersey corporation (the “Borrower”), and the other Persons listed on the signature pages hereof, or which at any time execute and deliver a Security Agreement Supplement in substantially the form attached hereto as Exhibit C (the Borrower and such Persons so listed being, collectively, the “Grantors”), to Bank of America N.A., as Agent (as successor agent to Citicorp USA, Inc.) (in such capacity, together with any successor Agent appointed pursuant to Article VIII of the Credit Agreement (as hereinafter defined), the “Agent”) for the Secured Parties (as hereinafter defined).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 26, 2011 Among EASTMAN KODAK COMPANY and KODAK CANADA INC. as Borrowers and THE LENDERS NAMED HEREIN as Lenders and BANK OF AMERICA, N.A. as Administrative Agent and Co- Collateral Agent...Credit Agreement • April 27th, 2011 • Eastman Kodak Co • Photographic equipment & supplies • New York
EASTMAN KODAK COMPANY, a New Jersey corporation (the “Company”), KODAK CANADA INC., a corporation continued under the laws of the province of Ontario, Canada (“Kodak Canada” and, together with the Company, the “Borrowers” and each, a “Borrower”), the banks, financial institutions and other institutional lenders (the “Lenders”) and issuers of letters of credit from time to time party hereto, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, CITIGROUP GLOBAL MARKETS INC. and WELLS FARGO CAPITAL FINANCE LLC, as joint lead arrangers and joint bookrunners, CITIBANK, N.A. and WELLS FARGO CAPITAL FINANCE LLC, as co-syndication agents, BANK OF AMERICA, N.A., as administrative agent (as successor administrative agent to Citicorp USA Inc.) and co-collateral agent for the Lenders and CITICORP USA INC., as co-collateral agent for the Lenders, agree as follows:
SECOND AMENDED AND RESTATED CANADIAN SECURITY AGREEMENT Dated April 26, 2011 From THE GRANTORS REFERRED TO HEREIN AS GRANTORS To BANK OF AMERICA, N.A. (as successor agent to Citicorp USA, Inc.) AS AGENTIntellectual Property Security Agreement • April 27th, 2011 • Eastman Kodak Co • Photographic equipment & supplies • Ontario
SECOND AMENDED AND RESTATED CANADIAN SECURITY AGREEMENT dated April 26, 2011 (the “Agreement”) made by Kodak Canada Inc., an Ontario corporation (the “Borrower”), and the other Persons listed on the signature pages hereof, or which at any time execute and deliver a Canadian Security Agreement Supplement (as hereinafter defined) in substantially the form attached hereto as Exhibit C (the Borrower and such Persons so listed being, collectively, the “Grantors”), to Bank of America, N.A., as Agent (as successor agent to Citicorp USA, Inc.) (in such capacity, together with any successor Agent appointed pursuant to Article VIII of the Credit Agreement (as hereinafter defined), the “Agent”) for the Secured Parties (as hereinafter defined).
