EXTENSION AND ASSIGNMENT AGREEMENTExtension and Assignment Agreement • March 31st, 2006 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals
This Extension and Assignment Agreement (“Agreement”) is entered into as of January 21, 2005, by and among TOMRA of North America Finance Corporation (“TNAFC”), a Delaware corporation with an address of P.O. Drawer 1034, Monticello, NY 12701, as lender and assignor, Wise Recycling West, LLC (“Wise”), a Delaware limited liability company with an address of International Tower, Suite 600, 857 Elkridge Landing Road, Lithicum, Maryland 21090, as borrower, and GAB Holding LLC (“GAB”), a Delaware limited liability company with an address of 198 Bridgeville Road, Monticello, NY 12701, as assignee of, and successor to, the interest of TNAFC as lender. TNAFC, Wise and GAB (sometimes, collectively, the “Parties”) agree as set forth below:
ALLONGE TO REAL ESTATE MORTGAGE NOTEReal Estate Mortgage Note • March 31st, 2006 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals
This Allonge to Real Estate Mortgage Note (“Allonge”) is attached to, and made a part of that certain Promissory Note dated December 5, 2002, in the principal amount of Seven Hundred Twenty Thousand and 00/100 Dollars ($720,000.00) made by Wise Recycling West, LLC (“Wise”) to the order of TOMRA of North America Finance Corporation (“TNAFC”), as extended and supplemented by that certain Extension and Assignment Agreement dated January 21, 2005 (“Extension and Assignment Agreement”) by and among TNAFC, Wise, and GAB Holding LLC (“GAB”), a Delaware limited liability company. This Allonge is made subject to and in accordance with the terms of that certain aforesaid Extension and Assignment Agreement.
AMENDMENT TO DEED OF TRUST AND ASSIGNMENT OF DEED OF TRUSTWise Metals Group LLC • March 31st, 2006 • Rolling drawing & extruding of nonferrous metals
THIS AMENDMENT TO DEED OF TRUST AND ASSIGNMENT OF DEED OF TRUST (this “Amendment”) is made as of the 10th day of January, 2005, by Wise Recycling West, LLC, a Delaware limited liability company (“Grantor”) to the Adams County Public Trustee (“Public Trustee”) for the benefit of TOMRA of North America Finance Corporation (“Original Lender”) and GAB Holding LLC (“New Lender”).
AMENDMENT NO. 5 TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 31st, 2006 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • New York
This AMENDMENT NO. 5 TO AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”), dated as of March 3, 2006, is entered into by and among Wise Alloys LLC, a Delaware limited liability company (“Alloys”), Wise Recycling, LLC, a Maryland limited liability company (“Recycling” and together with Alloys, each individually a “Borrower” and collectively, “Borrowers”), Wise Metals Group LLC, a Delaware limited liability company (“Group”), Wise Alloys Finance Corporation, a Delaware corporation (“Finance”), Listerhill Total Maintenance Center LLC, a Delaware limited liability company (“Listerhill”), Wise Warehousing, LLC, a Delaware limited liability company (“Warehousing”), Wise Recycling Texas, LLC, a Delaware limited liability company (“Recycling Texas”), Wise Recycling West, LLC, a Delaware limited liability company (“Recycling West” and together with Group, Finance, Listerhill, Warehousing and Recycling Texas, each individually a “Guarantor” and collectively, “Guarantors”), the financial ins
