THIRD AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENTCredit Agreement • August 15th, 2024 • KLDiscovery Inc. • Services-computer programming, data processing, etc. • New York
This CREDIT AGREEMENT is entered into as of February 8, 2021, among LD Lower Holdings, Inc., a Delaware corporation (the “Borrower” or the “Company”), LD Topco, Inc., a Delaware corporation (“Holdings Topco”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer party hereto and Wilmington Trust, National Association (“Wilmington Trust”), as Administrative Agent and Collateral Agent.
ContractSubordination Agreement • August 15th, 2024 • KLDiscovery Inc. • Services-computer programming, data processing, etc. • New York
THIS INSTRUMENT, AS WELL AS THE INDEBTEDNESS, RIGHTS AND OBLIGATIONS EVIDENCED HEREBY, ARE AND SHALL AT ALL TIMES BE AND REMAIN SUBJECT TO THE TERMS OF AND SUBORDINATED IN RIGHT AND TIME OF PAYMENT TO THE EXTENT AND IN THE MANNER SET FORTH IN THAT CERTAIN SUBORDINATION AND INTERCREDITOR AGREEMENT (AS AMENDED, SUPPLEMENTED, RESTATED, REPLACED, REFINANCED OR OTHERWISE MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS THEREOF, THE “SUBORDINATION AGREEMENT”) DATED AS OF THE DATE HEREOF BY AND AMONG WILMINGTON TRUST, NATIONAL ASSOCIATION, AS THE AGENT (AS DEFINED THEREIN) FOR THE SENIOR LENDERS (AS DEFINED THEREIN), MGG INVESTMENT GROUP LP AS THE SUBORDINATED AGENT (AS DEFINED THEREIN) FOR THE SUBORDINATED LENDERS (AS DEFINED THEREIN), KLDISCOVERY HOLDINGS, INC. (F/K/A LD LOWER HOLDINGS, INC.), A DELAWARE CORPORATION, AS THE BORROWER (AS DEFINED THEREIN) AND THE OTHER GUARANTORS PARTY THERETO, TO THE PRIOR PAYMENT IN FULL (AS DEFINED THEREIN) OF ALL SENIOR DEBT (AS DEFINED THEREIN) AN
MUTUAL RELEASEMutual Release Agreement • August 15th, 2024 • KLDiscovery Inc. • Services-computer programming, data processing, etc. • Delaware
STOCKHOLDERS AGREEMENTStockholders Agreement • August 15th, 2024 • KLDiscovery Inc. • Services-computer programming, data processing, etc. • Delaware
AMENDMENT AND TERMINATION AGREEMENTRegistration Rights Agreement • August 15th, 2024 • KLDiscovery Inc. • Services-computer programming, data processing, etc. • Delaware
This Amendment and Termination Agreement (this “Amendment”) is entered into as of August 14, 2024, by and between KLDiscovery Inc. (formerly known as Pivotal Acquisition Corp.), a Delaware corporation (the “Company”), and the undersigned stockholders of the Company (the “Stockholders”), with respect to that certain Registration Rights Agreement, dated as of December 19, 2019, by and among the Company, the Stockholders, and certain other parties thereto (the “Registration Rights Agreement”). All capitalized terms used herein and not otherwise defined shall having the meanings ascribed to them in the Registration Rights Agreement.
