AMENDMENT NO. 13 AND WAIVER TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • New York
This AMENDMENT NO. 13 AND WAIVER TO AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”), dated as of April 25, 2008, 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
AMENDMENT NO. 12 TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • New York
This AMENDMENT NO. 12 TO AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”), dated as of February 25, 2008, 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 lenders
April 25, 2008Fee Letter • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals
The purpose of this letter agreement is to document the manner in which additional compensation will be paid to the RSA for its agreement to participate in the Loan Agreement. Such additional compensation is intended to give the RSA an 8.5% return on the average outstanding balance of its Loans under the Loan Agreement. The return will be generated by (1) interest paid to the RSA under the Loan Agreement, (2) an unused line fee provided for all lenders under the Loan Agreement, (3) the Additional Equity Investment Fee (as such term is defined in Amendment to Master Lease Agreement dated as of April 25, 2008 (the “Lease Amendment”) among RSA, Wise Alloys LLC (“Lessee”) and Wilmington Trust Company, not in its individual capacity, but solely as Owner Trustee (“Lessor”)) payable by Lessee pursuant to
AMENDMENT TO MASTER EQUIPMENT LEASEMaster Equipment Lease • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • Alabama
AMENDMENT TO MASTER EQUIPMENT LEASE, dated as of April 25, 2008 (this “Amendment”), among Wilmington Trust Company, a Delaware banking corporation, not in its individual capacity but solely as Owner Trustee (“Lessor”), The Employees’ Retirement System of Alabama and The Teachers’ Retirement System of Alabama (collectively, the “Owner Participant”), and Wise Alloys LLC, a Delaware limited liability company (“Lessee”).
AMENDMENT NO. 5 TO ACCOUNTS PURCHASE AND SALE AGREEMENTAccounts Purchase and Sale Agreement • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • New York
This AMENDMENT NO. 5 TO ACCOUNTS PURCHASE AND SALE AGREEMENT (this “Amendment”), dated as of April 18, 2008, is by and between Wise Alloys LLC, a Delaware limited liability company (“Seller”), and Wachovia Bank, National Association, a national banking association (“Purchaser”).
AMENDMENT NO. 4 TO ACCOUNTS PURCHASE AND SALE AGREEMENTAccounts Purchase and Sale Agreement • May 7th, 2008 • Wise Metals Group LLC • Rolling drawing & extruding of nonferrous metals • New York
This AMENDMENT NO. 4 TO ACCOUNTS PURCHASE AND SALE AGREEMENT (this “Amendment”), dated as of April 10, 2008, is by and between Wise Alloys LLC, a Delaware limited liability company (“Seller”), and Wachovia Bank, National Association, a national banking association (“Purchaser”).
