AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • June 25th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This SUPPLEMENT, dated as of ____________ ___, _____ (this “Supplement”), is to the Amended and Restated Security Agreement, dated as of June 19, 2014 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Security Agreement”), among the Grantors (such term, and other terms used in this Supplement, to have the meanings set forth in Section I of the Security Agreement) from time to time party thereto, in favor of COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as agent (together with its successor(s) thereto in such capacity, the “Agent”) for each of the Secured Parties.
UNCOMMITTED CREDIT AGREEMENT by and among EMPIRE RESOURCES, INC. as Borrower, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Lead Arranger, Agent and an Issuing Bank and BNP PARIBAS, as Syndication...Credit Agreement • June 25th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
THIS UNCOMMITTED CREDIT AGREEMENT (this “Agreement”) is dated as of June 19, 2014, by and among EMPIRE RESOURCES, INC., a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”), COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as agent for the Secured Parties defined below (in such capacity, together with its successors in such capacity, the “Agent”), BNP Paribas, as syndication agent (in such capacity, together with its successors in such capacity, the “Syndication Agent”) and each of the lenders that is a signatory hereto identified under the caption “Banks” on the signature pages hereto (including Rabobank) or that, pursuant to Section 11.06(b) hereof shall become a “Bank” hereunder (individually, a “Bank”, and collectively, the “Banks”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 25th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This INTERCREDITOR AGREEMENT is dated as of June 19, 2014 and entered into by COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), in its capacity as collateral agent for the Committed Lenders (as defined below), including its successors and assigns from time to time (in such capacity, the “Committed Collateral Agent”), and Rabobank, in its capacity as collateral agent for the Uncommitted Lenders (as defined below), including its successors and assigns from time to time (in such capacity, the “Uncommitted Collateral Agent”).
