SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 23, 2005 Among THE FINANCIAL INSTITUTIONS NAMED HEREIN as the Lenders and BANK OF AMERICA, N.A. as the Administrative and Collateral Agent GENERAL ELECTRIC CAPITAL CORPORATION as the...Credit Agreement • December 23rd, 2005 • Applica Inc • Electric housewares & fans • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (the “Agreement”) is made as of December 23, 2005, by and among APPLICA INCORPORATED, a Florida corporation, and each of its Subsidiaries party hereto; the financial institutions listed on the signature pages hereof and their respective successors and permitted assigns which become “Lenders” as provided herein; BANK OF AMERICA, N.A., a national banking association with an office at 300 Galleria Parkway, Suite 800, Atlanta, Georgia 30339, in its capacity as administrative agent and collateral agent for the Lenders pursuant to Section 12 hereof (together with its successors in such capacity, “Agent”); BANC OF AMERICA SECURITIES LLC, a Delaware limited liability company, as sole lead arranger and sole book manager (in such capacity, the “Lead Arranger”); GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, with an office at 1100 Abernathy Road, Suite 900, Atlanta, Georgia 30348, in its capacity as documentation agent for the Lende
AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENTContinuing Guaranty Agreement • December 23rd, 2005 • Applica Inc • Electric housewares & fans • New York
THIS AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (this “Guaranty”) is made this 23rd day of December, 2005, by the Guarantors identified below (individually referred to as a “Guarantor” and collectively as the “Guarantors”), in favor of each of the financial institutions (collectively, the “Lenders”) now or hereafter parties to the Second Amended Credit Agreement (as defined below) and BANK OF AMERICA, N.A., a national banking association, as administrative and collateral agent (together with its successors in such capacity, the “Agent”) for each of the Lenders (Agent and each Lender being referred to individually as a “Guaranteed Party” and collectively as the “Guaranteed Parties”).
AMENDED AND RESTATED SECURITY AGREEMENTAmended and Restated Security Agreement • December 23rd, 2005 • Applica Inc • Electric housewares & fans • New York
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement,” dated as of December 23, 2005, among APPLICA INCORPORATED., a Florida corporation (the “Borrower”), the Guarantors identified below (individually a “Guarantor” and collectively the “Guarantors”; the Guarantors together with the Borrower, individually an “Obligor” and collectively the “Obligors”); and BANK OF AMERICA, N.A., in its capacity as the administrative and collateral agent for Lenders (in such capacity, together with its successors in such capacity, the “Agent”).
AMENDED AND RESTATED STOCK PLEDGE AGREEMENTAmended and Restated Stock Pledge Agreement • December 23rd, 2005 • Applica Inc • Electric housewares & fans • New York
THIS AMENDED AND RESTATED STOCK PLEDGE AGREEMENT (this “Agreement”) is made and entered into as of December 23, 2005, between the Pledgors identified below (individually referred to as a “Pledgor” and collectively as the “Pledgors”), and BANK OF AMERICA, N.A., a national banking association, in its capacity as Collateral and administrative agent (in such capacity, together with its successors in such capacity, the “Agent”) for each of the financial institutions (the “Lenders” and collectively with the Agent, the “Secured Parties”) now or hereafter party to the Second Amended Credit Agreement (as defined below).
