SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT DATED AS OF JULY 28, 2008 AMONG MOHAWK FACTORING, INC., AS BORROWER, MOHAWK SERVICING, INC., AS SERVICER, VICTORY RECEIVABLES CORPORATION, THREE PILLARS FUNDING LLC, SUNTRUST BANK, THE BANK OF...Credit and Security Agreement • August 1st, 2008 • Mohawk Industries Inc • Carpets & rugs • Georgia
and amends and restates in its entirety that certain Amended and Restated Credit and Security Agreement dated as of August 4, 2003, by and among Borrower, Mohawk Servicing, SunTrust Robinson Humphrey, Inc. (then known as SunTrust Capital Markets, Inc.), individually and as a co-agent, TPF (then known as Three Pillars Funding Corporation), Variable Funding Capital Company LLC as assignee of Blue Ridge Asset Funding Corporation (“VFCC”), and Wachovia Bank, National Association (“Wachovia”), individually, as a co-agent and as administrative agent thereunder, as amended from time to time prior to the effectiveness hereof (the “Existing Agreement”).
SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AND SALE AGREEMENT DATED AS OF JULY 28, 2008 AMONG MOHAWK CARPET DISTRIBUTION, L.P., DAL-TILE CORPORATION, DAL-TILE SSC WEST, INC. AND DAL-TILE SSC EAST, INC. AS ORIGINATORS, AND MOHAWK FACTORING, INC.,...Receivables Purchase and Sale Agreement • August 1st, 2008 • Mohawk Industries Inc • Carpets & rugs • Georgia
THIS SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AND SALE AGREEMENT, dated as of July 28, 2008, is by and among Mohawk Carpet Distribution, L.P., a Delaware limited partnership (“Mohawk Distribution”), Dal-Tile Corporation, a Pennsylvania corporation (“Dal-Tile”), Dal-Tile SSC West, Inc., a Delaware corporation (“Dal-Tile West”), and Dal-Tile SSC East, Inc., a Delaware corporation (“Dal-Tile East”); each of Mohawk Distribution, Dal-Tile, Dal-Tile East, Dal-Tile West and any other Person that becomes an “Originator” hereunder pursuant to Section 7.9(b) hereof, an “Originator” and collectively the “Originators”), and Mohawk Factoring, Inc., a Delaware corporation (“Buyer”).
