LOAN AND SECURITY AGREEMENT Dated as of September 2, 2009 by and among MOHAWK INDUSTRIES, INC. and CERTAIN OF ITS SUBSIDIARIES, as Borrowers, CERTAIN OF ITS SUBSIDIARIES, as Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, WACHOVIA BANK,...Loan and Security Agreement • September 2nd, 2009 • Mohawk Industries Inc • Carpets & rugs • New York
This Loan and Security Agreement dated as of September 2, 2009 is entered into by and among MOHAWK INDUSTRIES, INC., a Delaware corporation (the “Company”), those Subsidiaries of the Company identified as “Borrowers” on the signature pages hereto and any additional Subsidiary of the Company that becomes a party hereto as a “Borrower” in accordance with the terms hereof (together with the Company, the “Borrowers”), those Subsidiaries of the Company identified as “Guarantors” on the signature pages hereto and each additional Subsidiary of the Company that becomes a party hereto as a “Guarantor” (collectively, the “Guarantors”), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Assumption (collectively, the “Lenders” as hereinafter further defined) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent” as hereina
