AMENDMENT NO. 4 AND FORBEARANCE AGREEMENTForbearance Agreement • August 17th, 2016 • Katy Industries Inc • Special industry machinery, nec • Illinois
This AMENDMENT NO. 4 AND FORBEARANCE AGREEMENT (this “Agreement”) dated as of August 11, 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 (each of the foregoing, individually, a “Borrower” and collectively, “Borrowers”), and BMO Harris Bank N.A., as lender (“Lender”).
FOURTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENTSecond Lien Credit and Security Agreement • August 17th, 2016 • Katy Industries Inc • Special industry machinery, nec • Illinois
This FOURTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Agreement”) is entered into and effective as of August 11, 2016, by and among Katy Industries, Inc., a Delaware corporation (the “Company”), Continental Commercial Products, LLC, a Delaware limited liability company (“CCP”), FTW Holdings, Inc., a Delaware corporation “FTW Holdings”), Fort Wayne Plastics, Inc., an Indiana corporation (“Fort Wayne”; the Company, CCP, FTW Holdings and Fort Wayne, individually and collectively, the “Borrower” or the “Borrowers”), Victory Park Management, LLC, in its capacity as administrative agent and collateral agent for the Lenders (in such capacity, the “Agent”), the Lenders party hereto.
