FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • November 8th, 2012 • Bway Intermediate Company, Inc. • Metal cans • New York
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 2, 2012, between BWAY Parent Company, Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as trustee under the Indenture referred to below (the “Trustee”).
CREDIT AGREEMENT among BWAY INTERMEDIATE COMPANY, INC., as Holdings BWAY HOLDING COMPANY, and its Domestic Subsidiaries listed as Borrowers on the signature pages hereto, as Borrowers, VARIOUS LENDERS, BANK OF AMERICA, N.A., as ADMINISTRATIVE AGENT...Credit Agreement • November 8th, 2012 • Bway Intermediate Company, Inc. • Metal cans • Delaware
Until completion of the first full fiscal quarter after the Closing Date, the Applicable Margin shall be determined as if Level II were applicable. Thereafter, the Applicable Margin shall be subject to increase or decrease on the first Business Day of each fiscal quarter based on Average Availability, and each such increase or decrease in the Applicable Margin shall be effective on the Adjustment Date occurring immediately after the last day of the fiscal quarter most recently ended. If the Borrowers fail to deliver any Borrowing Base Certificate on or before the date required for delivery thereof, then, at the option of the Required Lenders, the Applicable Margin shall be determined as if Level III were applicable, from the first day of the calendar month following the date such Borrowing Base Certificate was required to be delivered until the date of delivery of such Borrowing Base Certificate.
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • November 8th, 2012 • Bway Intermediate Company, Inc. • Metal cans • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of November 5, 2012, between BWAY Parent Company, Inc., a Delaware corporation (“Successor”), and The Bank of New York Mellon Trust Company, N.A., as trustee under the Indenture referred to below (the “Trustee”).
TERM LOAN CREDIT AGREEMENT among BWAY INTERMEDIATE COMPANY, INC., BWAY HOLDING COMPANY, as the LEAD BORROWER, BWAY CORPORATION and NORTH AMERICA PACKAGING CORPORATION, as SUBSIDIARY BORROWERS, VARIOUS LENDERS and DEUTSCHE BANK TRUST COMPANY AMERICAS,...Term Loan Credit Agreement • November 8th, 2012 • Bway Intermediate Company, Inc. • Metal cans • Delaware
THIS TERM LOAN CREDIT AGREEMENT, dated as of November 5, 2012, among BWAY INTERMEDIATE COMPANY, INC. (“Holdings”), BWAY HOLDING COMPANY (“BWAY Holding” or the “Lead Borrower”), BWAY CORPORATION and NORTH AMERICA PACKAGING CORPORATION (each, a “Subsidiary Borrower” and together with the Lead Borrower, the “Borrowers”), the Lenders party hereto from time to time, DEUTSCHE BANK TRUST COMPANY AMERICAS, as the Administrative Agent, BANK OF AMERICA, N.A., as Syndication Agent, GOLDMAN SACHS BANK USA, as Documentation Agent, DEUTSCHE BANK SECURITIES INC., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and GOLDMAN SACHS BANK USA, as Joint Lead Arrangers (in such capacity, the “Joint Lead Arrangers”). All capitalized terms used herein and defined in Section 1 are used herein as therein defined.
