THIS DOCUMENT WAS PREPARED BY AND WHEN RECORDED, RETURN BY MAIL TO: Erika K. Del Duca, Esq. Milbank, Tweed, Hadley & McCloy LLPDeed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
THIS DOCUMENT WAS PREPARED BY AND WHEN RECORDED, RETURN BY MAIL TO: Erika K. Del Duca, Esq. Milbank, Tweed, Hadley & McCloy LLPMortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
RADNOR HOLDINGS CORPORATION CREDIT AGREEMENT December 1, 2005Credit Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
This Credit Agreement (the “Credit Agreement”) is dated as of December 1, 2005, and entered into by and among Radnor Holdings Corporation, a Delaware corporation (the “Company”), each of the Guarantors referred to below, Special Value Expansion Fund, LLC, a Delaware limited liability company and Special Value Opportunities Fund, LLC, a Delaware limited liability company (each, a “Lender” and collectively, the “Lenders”) and Tennenbaum Capital Partners, LLC as Agent and Collateral Agent (the “Agent” and, in its capacity as Collateral Agent, the “Collateral Agent”), as set forth below.
EMPLOYMENT AGREEMENTEmployment Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • Pennsylvania
AGREEMENT (the “Agreement”) dated as of October 27, 2005 (the “Effective Date”), by and between Radnor Holdings Corporation (the “Company”) and Michael T. Kennedy (the “Executive”).
TRANCHE B SECURITY AGREEMENTSecurity Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
SECURITY AGREEMENT dated as of December 1, 2005 among Radnor Holdings Corporation (the “Company”); WinCup Holdings, Inc., Radnor Chemical Corporation, StyroChem U.S., Ltd., Radnor Delaware II, Inc., StyroChem Delaware, Inc., WinCup Texas, Ltd., StyroChem GP, L.L.C., StyroChem LP, L.L.C., WinCup GP, L.L.C. and WinCup LP, L.L.C. (together with the Company, the “Obligors”); and Tennenbaum Capital Partners, LLC, as collateral agent (in such capacity, together with its successors in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
TRANCHE A SECURITY AGREEMENTSecurity Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
SECURITY AGREEMENT dated as of December 1, 2005 among Radnor Holdings Corporation (the “Company”); WinCup Holdings, Inc., Radnor Chemical Corporation, StyroChem U.S., Ltd., Radnor Delaware II, Inc., StyroChem Delaware, Inc., WinCup Texas, Ltd., StyroChem GP, L.L.C., StyroChem LP, L.L.C., WinCup GP, L.L.C. and WinCup LP, L.L.C. (together with the Company, the “Obligors”); and Tennenbaum Capital Partners, LLC, as collateral agent (in such capacity, together with its successors in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
REVOLVING CREDIT AND SECURITY AGREEMENT NATIONAL CITY BUSINESS CREDIT, INC. (AS LENDER, AS ADMINISTRATIVE AGENT AND AS COLLATERAL AGENT) and NATIONAL CITY BANK (AS ISSUER, AS LEAD ARRANGER AND AS SOLE BOOK RUNNER) and SUCH OTHER LENDERS WHICH ARE NOW...Revolving Credit and Security Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • Pennsylvania
This Revolving Credit and Security Agreement (this “Agreement”), dated this 29th day of December, 2005, by and among the Borrowers (as hereinafter defined), each of the Guarantors (as hereinafter defined), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually, a “Lender”), National City Business Credit, Inc., an Ohio corporation (“NCBC”), as administrative agent and collateral agent for the Lenders and the Issuer (as hereinafter defined) (NCBC, in such capacity, the “Agent”), Bank of America, N.A., as syndication agent for the Lenders (the “Syndication Agent”), and National City Bank, a national banking association, as the Issuer.
MULTIPLE INDEBTEDNESS MORTGAGE, STATE OF PENNSYLVANIA ASSIGNMENT OF LEASES AND RENTS, COUNTY OF DELAWARE SECURITY AGREEMENT AND FIXTURE FILINGMultiple Indebtedness Mortgage • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
WINCUP HOLDINGS, INC. (TIN 86-0699193), a Delaware corporation appearing herein through Michael T. Kennedy, its President pursuant to a resolution by its Board of Directors a certified extract of which is attached hereto and made a part hereof, with a mailing address of c/o Radnor Holdings Corporation, Radnor Financial Center, 150 Radnor Chester Road, Building A, Suite 300, Radnor, PA 19087 (“Mortgagor”)
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • April 13th, 2006 • Radnor Holdings Corp • Plastics foam products • New York
(collectively, the “Borrowers”), PNC Bank, National Association and each of the other financial institutions which are and such financial institutions which become a party thereto (collectively, the “Lenders”) and PNC Bank, National Association, as Lead Arranger and Administrative Agent for the Lenders thereunder and Fleet Capital Corporation, as Documentation Agent thereunder, as amended pursuant to the First Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement dated February 4, 2002, the Letter Agreement dated as of March 21, 2002 among the Borrowers, the Agent and the Lenders, the Second Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement dated March 5, 2003, the Third Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated August 1, 2003, the Fourth Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated September 12, 2003, the Fifth Amendment
