CONSENT, WAIVER AND AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 27th, 2010 • C&d Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • New York
provided, that, (i) the Applicable Margin shall be calculated and established once each fiscal quarter and shall remain in effect until adjusted thereafter after the end of such fiscal quarter, (ii) each adjustment of the Applicable Margin shall be effective as of the first day of a fiscal quarter based on the Leverage Ratio for the immediately preceding fiscal quarter, and (iii) the Applicable Margin for the period through and including the delivery of the financial statements and compliance certificate with respect to the fiscal quarter of Borrowers ending on December 31, 2010 shall be no less than the amount for Tier 1 set forth above.
INVESTORS’ RIGHTS AGREEMENT by and among C&D TECHNOLOGIES, INC. and THE HOLDERS NAMED HEREIN Dated as of December 23, 2010Investors’ Rights Agreement • December 27th, 2010 • C&d Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This INVESTORS’ RIGHTS AGREEMENT (the “Agreement”), dated as of December 23, 2010 (the “Effective Date”), is entered into by and among C&D Technologies, Inc. (the “Company”), Angelo, Gordon & Co., L.P. (“AG”) and Bruce & Co. (“BC” and together with AG and any other Person (as defined below) that becomes a party to this Agreement in the future, the “Holders”).
