CONFORMED COPY FIRST AMENDMENT TO CREDIT AGREEMENT This FIRST AMENDMENT TO THE CREDIT AGREEMENT dated as of February 25, 2003 (the "Amendment"), is entered into by and among BLUE RHINO CORPORATION, a Delaware corporation (the "Borrower"), the Lenders...Credit Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • North Carolina
EXHIBIT 10.1(a) CREDIT AGREEMENT Dated as of November 20, 2002Credit Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • North Carolina
March 5, 2003 Smithfield Fiduciary LLC c/o Highbridge Capital Management, LLC 9 West 57th Street, 27th Floor New York, New York 10019 Mainfield Enterprises, Inc. c/o Avi Vigder 660 Madison Avenue New York, New York 10022 Gentlemen: Reference is made...Securities Purchase Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
Reference is made to (i) the Securities Purchase Agreement dated as of December 20, 2002 (the "SPA") among Blue Rhino Corporation (the "Company") and Smithfield Fiduciary LLC and Mainfield Enterprises, Inc. (together, the "Purchasers") and (ii) the Additional Investment Rights of even date therewith executed by the Company in favor of each of the Purchasers (the "Additional Investment Rights" and, together with the SPA, the "Investment Documents"). The purpose of this letter is to document our agreement to modify certain terms of the SPA and the Additional Investment Rights pursuant to Section 7.5 of the SPA and Section 16(a) of each Additional Investment Right.
RECITALS:Investment Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • Maryland
ARTICLE I DEFINITIONSSecurities Purchase Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • Delaware
EXHIBIT 4.5 REVOLVING CREDIT NOTERevolving Credit Note • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
FOR VALUE RECEIVED, the undersigned (the "Borrower"), hereby promises to pay to LASALLE BANK NATIONAL ASSOCIATION or registered assigns (the "Lender"), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of each Revolving Credit Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of November 20, 2002 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Credit Agreement;" the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
EXHIBIT 10.5 TRADEMARK SECURITY AGREEMENT THIS TRADEMARK SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement") is entered into as of November 20, 2002 by BLUE RHINO CORPORATION, a Delaware...Trademark Security Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
EXHIBIT 10.4 PATENT SECURITY AGREEMENT THIS PATENT SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement") is entered into as of November 20, 2002 by BLUE RHINO CORPORATION, a Delaware...Patent Security Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
by and amongGuaranty Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • North Carolina
TERM NOTETerm Note • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec
FOR VALUE RECEIVED, the undersigned (the "Borrower"), hereby promises to pay to LASALLE BANK NATIONAL ASSOCIATION or registered assigns (the "Lender"), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of each Term Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of November 20, 2002 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Credit Agreement;" the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
EXHIBIT 10.3 COLLATERAL AGREEMENT dated as of November 20, 2002Collateral Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • North Carolina
EXHIBIT 10.8 NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON EXEMPTIONS FROM REGISTRATION UNDER...Securities Agreement • March 17th, 2003 • Blue Rhino Corp • Retail-retail stores, nec • Delaware
