LIMITED WAIVER AND AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Limited Waiver”)Second Lien Credit and Security Agreement • March 30th, 2016 • Katy Industries Inc • Special industry machinery, nec
Reference is made to that certain Second Lien Credit and Security Agreement dated as of April 7, 2015 (as amended, restated, extended, renewed or otherwise modified from time to time, the “Credit Agreement”), by and among Katy Industries, Inc., a Delaware corporation (the “Company;”), Continental Commercial Products, LLC, a Delaware limited liability company, FTW Holdings, Inc., a Delaware corporation, Fort Wayne Plastics, Inc., an Indiana corporation (each of the foregoing, individually and collectively, “Borrower” or “Borrowers”), the other Persons that are parties to the Credit Agreement as Guarantors, VPC SBIC I, LP, as a Lender, the other financial institutions and other entities that are parties to the Credit Agreement as Lenders, and Victory Park Management, LLC, as administrative agent and collateral agent for Lenders (in such capacity, together with its successors and permitted assigns, “Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to
AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT AND WAIVERCredit and Security Agreement • March 30th, 2016 • Katy Industries Inc • Special industry machinery, nec • Illinois
This AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT AND WAIVER (this “Agreement”) is entered into and effective as of March 30, 2016, by and among Katy Industries, Inc., a Delaware corporation, Continental Commercial Products, LLC, a Delaware limited liability company, 2155735 Ontario Inc., an Ontario corporation, CCP Canada Inc., an Ontario corporation, FTW Holdings, Inc., a Delaware corporation and Fort Wayne Plastics, Inc., an Indiana corporation (individually and collectively, the “Borrower” or the “Borrowers”) and BMO Harris Bank N.A. (the “Lender”).
