GUARANTY Dated as of April 26, 2011 From THE GUARANTORS NAMED HEREIN and THE ADDITIONAL GUARANTORS REFERRED TO HEREIN as Guarantors in favor of THE SECURED PARTIES REFERRED TO IN THE CREDIT AGREEMENT REFERRED TO HEREINGuaranty • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York
GUARANTY, dated as of April 26, 2011, made by Nortek, Inc. (the “Borrower”), the Persons listed on the signature pages hereof and the Additional Guarantors (as defined in Section 8(b)) (such Persons so listed and the Additional Guarantors being, collectively, the “Guarantors” and, individually, each a “Guarantor”) in favor of the Secured Parties (as defined in the Credit Agreement referred to below).
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 26, 2011 among BANK OF AMERICA, N.A., as ABL Administrative Agent, UBS AG, STAMFORD BRANCH, as Term Loan Collateral Agent, NORTEK, INC. and the Subsidiaries of Nortek, Inc. named hereinSubordination and Intercreditor Agreement • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 26, 2011, among BANK OF AMERICA, N.A., as Administrative Agent under the ABL Credit Agreement referred to herein and as ABL Administrative Agent for the ABL Secured Parties, UBS AG, STAMFORD BRANCH, as Term Loan Collateral Agent for the Term Loan Secured Parties referred to herein, NORTEK, INC. and the subsidiaries of Nortek, Inc. named herein.
SECURITY AGREEMENTIntercreditor Agreement • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York
SECURITY AGREEMENT, dated as of April 26, 2011 (as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), made by NORTEK, INC., a Delaware corporation (the “Borrower”), the other Persons listed on the signature pages hereof and the Additional Grantors (as hereinafter defined) (the Borrower, the Persons so listed and the Additional Grantors being, collectively, the “Grantors”), to UBS AG, STAMFORD BRANCH, as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”) for the Secured Parties.
Dated as of December 17, 2009 From THE GUARANTORS NAMED HEREIN and THE ADDITIONAL GUARANTORS REFERRED TO HEREIN as Guarantors in favor of THE SECURED PARTIES REFERRED TO IN THE CREDIT AGREEMENT REFERRED TO HEREINCredit Agreement • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York
PRELIMINARY STATEMENT. The Specified U.S. Borrower and the other Loan Parties party thereto are parties to a Credit Agreement, dated as of December 17, 2009 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement” the capitalized terms defined therein and not otherwise defined herein being used herein as therein defined), with certain Lenders party thereto, Bank of America, N.A., as Administrative Agent for such Lenders, and the Collateral Agents party thereto. Each Guarantor may receive, directly or indirectly, a portion of the proceeds of the Loans under the Credit Agreement and will derive substantial direct and indirect benefits from the transactions contemplated by the Credit Agreement. It is a condition precedent to the making of Loans by Lenders and the issuance of Letters of Credit by the L/C Issuers under the Credit Agreement, the entry by the Hedge Banks into Secured Hedge Agreements and the entry by the Cash Ma
