8 1/4% Senior Notes due 2017Indenture • May 15th, 2009 • Nalco Holding CO • Miscellaneous chemical products • New York
INDENTURE dated as of May 13, 2009 among NALCO COMPANY, a Delaware corporation (the “Company”), the Guarantors (as defined herein) and The Bank of New York Mellon, a New York banking corporation, as trustee (the “Trustee”).
INTERCREDITOR AGREEMENT by and between CITICORP NORTH AMERICA, INC., as 2003 Credit Agent, and BANK OF AMERICA, N.A., as 2009 Credit Agent Dated as of May 13, 2009Intercreditor Agreement • May 15th, 2009 • Nalco Holding CO • Miscellaneous chemical products • New York
This INTERCREDITOR AGREEMENT (as amended, supplemented or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of May 13, 2009 between CITICORP NORTH AMERICA, INC., in its capacity as collateral agent (together with its successors and assigns in such capacity, the “2003 Credit Agent”) for the lenders party from time to time to the 2003 Credit Agreement referred to below (such lenders, together with their successors, assigns and transferees, the “2003 Lenders” and, together with affiliates thereof or other Persons in their capacity as 2003 Bank Products Affiliates, 2003 Swap Parties or 2003 Foreign Debt Lenders (in each case, as hereinafter defined), the “2003 Creditors”), and BANK OF AMERICA, N.A., in its capacity as collateral agent (together with its successors and assigns in such capacity, the “2009 Credit Agent”) for the lenders party from time to time to the 2009 Credit Agreement referred to below (such lenders, together with thei
U.S. GUARANTEE AND COLLATERAL AGREEMENT dated and effective as of May 13, 2009, among NALCO HOLDINGS LLC, NALCO COMPANY, each Domestic Subsidiary of Holdings identified herein, and BANK OF AMERICA, N.A., as Collateral AgentGuarantee and Collateral Agreement • May 15th, 2009 • Nalco Holding CO • Miscellaneous chemical products • New York
Reference is made to the Credit Agreement dated as of May 13, 2009 (as amended, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”), among Holdings, U.S. Borrower, the Foreign Subsidiary Borrowers from time to time party thereto (the “Foreign Subsidiary Borrowers” and collectively with the U.S. Borrower, the “Borrowers”), the LENDERS party thereto from time to time, BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and as Collateral Agent for the Lenders, BANC OF AMERICA SECURITIES LLC, DEUTSCHE BANK SECURITIES INC. and HSBC SECURITIES (USA) INC., joint book managers (in such capacity, the “Joint Lead Arrangers”).
CREDIT AGREEMENT Dated as of May 13, 2009, Among NALCO HOLDINGS LLC, NALCO COMPANY, as U.S. Borrower, THE FOREIGN SUBSIDIARY BORROWERS FROM TIME TO TIME PARTY HERETO, THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., as Administrative Agent and...Credit Agreement • May 15th, 2009 • Nalco Holding CO • Miscellaneous chemical products • New York
WHEREAS, Nalco is party to that certain credit agreement dated as of November 4, 2003, as amended on or prior to the date hereof (the “Existing Credit Agreement”) by and among Holdings, Nalco, the foreign borrowers from time to time party thereto, the lenders party thereto and Citicorp North America, Inc., as administrative agent and collateral agent (the “Existing Agent”);
AMENDMENT NO. 6 TO CREDIT AGREEMENTCredit Agreement • May 15th, 2009 • Nalco Holding CO • Miscellaneous chemical products • New York
This AMENDMENT NO. 6 to CREDIT AGREEMENT, dated as of May 13, 2009 (this “Amendment”), is entered into among NALCO HOLDINGS LLC, a Delaware limited liability company (“Holdings”), NALCO COMPANY, a Delaware corporation (the “U.S. Borrower”), each other Loan Party and CITICORP NORTH AMERICA, INC., a Delaware corporation, in its capacity as administrative agent for the Lenders and as agent for the Secured Parties (in such capacity, the “Administrative Agent”), and amends the Credit Agreement dated as of November 4, 2003 (as amended to the date hereof and as the same may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among Holdings, the U.S. Borrower, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administrative Agent, Bank of America, N.A., as Documentation Agent, and Deutsche Bank Securities Inc., J.P. Morgan Securities Inc., Goldman Sachs Credit Partners L.P. and UBS Securities LLC, as Co-S
