SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND SYNDICATED FACILITY AGREEMENT Dated June 27, 2018 amongCredit Agreement • June 29th, 2018 • Owens-Illinois Group Inc • Glass containers • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND SYNDICATED FACILITY AGREEMENT is dated as of June 27, 2018 and is made by and among OWENS-ILLINOIS GROUP, INC., a Delaware corporation (“Company”), OWENS-BROCKWAY GLASS CONTAINER INC., a Delaware corporation (“Owens-Brockway”), ACI OPERATIONS PTY LIMITED, ABN 94 004 230 326, a limited liability company organized under the laws of Australia (“ACI”), OI EUROPEAN GROUP B.V., a private company with limited liability organized under the laws of the Netherlands with its registered offices (statutaire zetel) in Schiedam, the Netherlands and registered under number 24291478 (“OIEG”), O-I EUROPE SÀRL, a Swiss Société à responsabilité limitée (limited liability corporation) (“OI Europe”), O-I CANADA CORP., a Nova Scotia company (“O-I Canada”), ACI OPERATIONS NZ LTD., a limited liability company incorporated under the laws of New Zealand (“ACI NZ”), and OWENS-ILLINOIS GENERAL INC., a Delaware corporation (“O-I General”), as Borrowers’ Agent (i
DOMESTIC GUARANTOR CONSENT AND REAFFIRMATION June 27, 2018Domestic Guarantor Consent and Reaffirmation • June 29th, 2018 • Owens-Illinois Group Inc • Glass containers
Reference is made to (i) the Amended and Restated Credit Agreement and Syndicated Facility Agreement, dated as of April 22, 2015 (as amended, amended and restated and/or otherwise modified through the date hereof, the “Credit Agreement”), by and among OWENS-ILLINOIS GROUP, INC., a Delaware corporation (“Company”), OWENS-BROCKWAY GLASS CONTAINER INC., a Delaware corporation (“Owens-Brockway”), ACI OPERATIONS PTY LIMITED, ABN 94 004 230 326, a limited liability company organized under the laws of Australia (“ACI”), OI EUROPEAN GROUP B.V., a private company with limited liability organized under the laws of the Netherlands with its registered offices (statutaire zetel) in Schiedam, the Netherlands and registered under number 24291478 (“OIEG”), O-I EUROPE SÀRL, a Swiss Société à responsabilité limitée (limited liability corporation) (“OI Europe”), O-I CANADA CORP., a Nova Scotia company (“O-I Canada”), and OWENS-ILLINOIS GENERAL INC., a Delaware corporation (“O-I General”), as Borrowers’ A
FOURTH AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • June 29th, 2018 • Owens-Illinois Group Inc • Glass containers
This FOURTH AMENDED AND RESTATED INTERCREDITOR AGREEMENT (as amended, amended and restated and/or otherwise modified from time to time in accordance with the terms hereof, herein called this “Agreement”) is dated as of June 27, 2018 among DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (“Lender Agent”) for the lenders (the “Lenders”) party to the Credit Agreement (as hereinafter defined), DEUTSCHE BANK AG NEW YORK BRANCH, as Collateral Agent (as hereinafter defined), those other persons party to the Original Intercreditor Agreement (defined below), the Amended and Restated Intercreditor Agreement (defined below), the Second Amended and Restated Intercreditor Agreement (defined below) and the Third Amended and Restated Intercreditor Agreement (defined below), in each case set forth in Exhibit A attached hereto, and the other persons who may become parties to this Agreement from time to time pursuant to and in accordance with Section 6 of this Agreement.
