CONSENT AND AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 28th, 2006 • C&d Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • New York
CONSENT AND AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT, dated as of December 21, 2006 (this “Amendment”), by and among Wachovia Bank, National Association, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the financial institutions which are parties thereto as lenders (in such capacity, “Agent”), the financial institutions which are parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), C&D Technologies, Inc., a Delaware corporation (“Parent”), C&D Technologies (Datel), Inc., a Delaware corporation (“Datel”), C&D Technologies (CPS) LLC, a Delaware limited liability company (“CPS, and together with Parent and Datel, each individually a “Borrower” and collectively, “Borrowers”), C&D Charter Holdings, Inc., a Delaware corporation (“Charter”), C&D Dynamo Corp., a Delaware corporation (“Dynamo”), Dynamo Acquisition Corp., a Delaware corporation (“Acquisition”), C&D International In
