PLEDGE AND SECURITY AGREEMENT made by THE BABCOCK & WILCOX COMPANY and certain of its Subsidiaries in favor of CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Administrative Agent and Collateral Agent Dated as of February 22, 2006Pledge and Security Agreement • February 23rd, 2006 • McDermott International Inc • Fabricated plate work (boiler shops) • New York
PLEDGE AND SECURITY AGREEMENT, dated as of February 22, 2006, made by each of the signatories hereto (together with any other grantor that may become a party hereto as provided herein, the “Grantors”), in favor of CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”), as administrative agent (in such capacity and together with its successors in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity and together with its successors in such capacity, the “Collateral Agent”) for (i) the Lenders (“Lenders”), the Synthetic Investors (“Synthetic Investors”) and the Issuers (“Issuers”) from time to time parties to the Credit Agreement, dated as of February 22, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among The Babcock & Wilcox Company, a Delaware corporation (the “Borrower”), the Lenders, the Synthetic Investors and the Issuers from time to time parties thereto, Credit Suisse Securities (USA) LLC,
CREDIT AGREEMENT Dated as of February 22, 2006 among THE BABCOCK & WILCOX COMPANY as Borrower and THE LENDERS, SYNTHETIC INVESTORS AND ISSUERS PARTY HERETO and CREDIT SUISSE, CAYMAN ISLANDS BRANCH as Administrative Agent and Collateral Agent and...Credit Agreement • February 23rd, 2006 • McDermott International Inc • Fabricated plate work (boiler shops) • New York
THIS CREDIT AGREEMENT, dated as of February 22, 2006, is entered into by and among THE BABCOCK & WILCOX COMPANY, a Delaware corporation (the “Borrower”), the Lenders (as defined below), the Issuers (as defined below), the Synthetic Investors (as defined below), CREDIT SUISSE SECURITIES (USA) LLC, as sole lead arranger and sole bookrunner (in each such capacity, and together with its successors, the “Arranger”), CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”), as administrative agent for the Lenders, the Synthetic Investors and the Issuers (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders, the Synthetic Investors and the Issuers (in such capacity, the “Collateral Agent”), JPMORGAN CHASE BANK, N.A., as syndication agent (the “Syndication Agent”) and WACHOVIA BANK, NATIONAL ASSOCIATION and THE BANK OF NOVA SCOTIA as co-documentation agents (collectively, the “Co-Documentation Agents”).
NON-DEBTOR AFFILIATE SETTLEMENT AGREEMENTSettlement Agreement • February 23rd, 2006 • McDermott International Inc • Fabricated plate work (boiler shops) • Louisiana
THIS NON-DEBTOR AFFILIATE SETTLEMENT AGREEMENT (this “Agreement”) is made as of February 21, 2006 by and among McDermott International, Inc., a Panamanian corporation (“MII”), McDermott Incorporated, a Delaware corporation and a direct, wholly owned subsidiary of MII (“MI”), Babcock & Wilcox Investment Company, a Delaware corporation and a direct, wholly owned subsidiary of MI (“BWICO”), The Babcock & Wilcox Company, a Delaware corporation and a direct, wholly owned subsidiary of BWICO (“B&W”), Diamond Power International, Inc., a Delaware corporation and a direct, wholly owned subsidiary of B&W (“DPII”), Americon, Inc., a Delaware corporation and a direct, wholly owned subsidiary of B&W (“Americon”), Babcock & Wilcox Construction Co., Inc., a Delaware corporation and a direct, wholly owned subsidiary of Americon (“BWCCI” and, collectively with B&W, DPII and Americon, the “Chapter 11 Debtors”), the Asbestos Claimants Committee in the Chapter 11 Proceedings defined below (the “ACC”), th
As provided in Section 6 of this Promissory Note (this “Note”), this Note and the indebtedness evidenced hereby are subject to the setoff and payment obligation reduction provisions set forth in Sections 7.1 and 7.2 of the within-referenced Settlement...Promissory Note • February 23rd, 2006 • McDermott International Inc • Fabricated plate work (boiler shops) • Louisiana
This Note has not been registered under the Securities Act of 1933 and may be sold or otherwise transferred only if the holder hereof complies with that law and other applicable securities laws.
PLEDGE AND SECURITY AGREEMENT dated as of February 22, 2006 by and among BABCOCK & WILCOX INVESTMENT COMPANY and THE BABCOCK &WILCOX COMPANY ASBESTOS PI TRUST and as Collateral AgentPledge and Security Agreement • February 23rd, 2006 • McDermott International Inc • Fabricated plate work (boiler shops) • Louisiana
This PLEDGE AND SECURITY AGREEMENT dated as of February 22, 2006 (this “Agreement”) is by and between (a) Babcock & Wilcox Investment Company, a Delaware corporation (the “Company”), (b) The Babcock & Wilcox Company Asbestos PI Trust (together with the permitted successors and assigns thereof, the “Secured Party”), and (c) U.S. Bank National Association, a national banking association organized under the laws of the United States (“U.S. Bank”).
