WAIVER AGREEMENTWaiver Agreement • November 9th, 2005 • Libbey Inc • Glass & glassware, pressed or blown • New York
THIS WAIVER AGREEMENT (this “Agreement”), dated as of September 30, 2005, makes reference to (i) the Credit Agreement dated as of April 2, 2004 (as amended, the “Credit Agreement”) among VITROCRISA COMERCIAL, S. de R.L. de C.V., a corporation (sociedad de responsabilidad limitada de capital variable) organized and existing under the laws of the United Mexican States, VITROCRISA, S. de R.L. de C.V., a corporation (sociedad de responsabilidad limitada de capital variable) organized and existing under the laws of the United Mexican States, various financial institutions and BANK OF MONTREAL, as administrative agent; and (ii) the Libbey and Libbey Glass Guaranty dated as of April 2, 2004 (the “Libbey Guaranty”) executed by each of LIBBEY INC., a Delaware corporation (“Libbey”), and LIBBEY GLASS INC., a Delaware corporation (“Libbey Glass”) (each, a “Guarantor” and together, the “Guarantors”). Unless otherwise defined herein, terms used in this Agreement that are defined in the Credit Agree
Libbey Inc. Waiver and Second Amendment to Parent Guaranty Agreement Dated as of September 30, 2005Guaranty Agreement • November 9th, 2005 • Libbey Inc • Glass & glassware, pressed or blown • New York
Reference is made to the Parent Guaranty Agreement dated as of March 31, 2003, as amended to date (the “Guaranty Agreement”) between Libbey Inc., a Delaware corporation (the “Guarantor”), and each of the institutional investors party thereto, pursuant to which the Guarantor has guaranteed the obligations of Libbey Glass Inc., a Delaware corporation (the “Company”), under the Note Purchase Agreement dated as of March 31, 2003 (the “Note Purchase Agreement”) between the Company and the institutional investors party thereto, under and pursuant to which the Company originally issued and sold its 3.69% Senior Notes, Series 2003A-1, due March 31, 2008 in an aggregate principal amount of $25,000,000 (the “Series A-1 Notes”), 5.08% Senior Notes, Series 2003A-2, due March 31, 2013 in an aggregate principal amount of $55,000,000 (the “Series A-2 Notes”), and Floating Rate Senior Notes, Series 2003B, due March 31, 2010 in an aggregate principal amount of $20,000,000 (the “Series 2003B Notes,” and
Execution Version AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENTCredit Agreement • November 9th, 2005 • Libbey Inc • Glass & glassware, pressed or blown
THIS AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT (this “Amendment Agreement”) is made and entered into as of September 30, 2005, by and among LIBBEY GLASS INC., a Delaware corporation (the “US Borrower”), LIBBEY EUROPE B.V., a company organized and existing under the laws of the Netherlands (the “Dutch Borrower”, and together with the US Borrower, the “Borrowers”), EACH LENDER SIGNATORY HERETO, and BANK OF AMERICA, N.A., as the administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Swing Line Lender and an L/C Issuer.
