LOAN, SECURITY AND GUARANTEE AGREEMENT Dated as of March 27, 2013 among KRATON POLYMERS U.S. LLC, as Initial U.S. Borrower and a Guarantor, KRATON PERFORMANCE POLYMERS, INC., as Parent, KRATON POLYMERS LLC, KRATON POLYMERS CAPITAL CORPORATION, and...Loan, Security and Guarantee Agreement • April 1st, 2013 • Kraton Performance Polymers, Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York
Until the delivery to the Agent, pursuant to Section 8.1, of a Borrowing Base Certificate for each Borrowing Base covering the first calendar month ending after the Closing Date, the Applicable Margin shall be determined as if Level II were applicable. Thereafter, (a) the Applicable Margin shall be determined (i) on the first day of the calendar month until the end of the first Fiscal Quarter ended after the Closing Date and (ii) as of the end of each Fiscal Quarter, in each case based upon the Borrowing Base Certificates delivered pursuant to Section 8.1 and (b) each change in the Applicable Margin shall be effective during the period commencing on the first day of the calendar month following the receipt by the Agent of the financial statements and Compliance Certificate for the Fiscal Quarter or, in the case of the last Fiscal Quarter of each year, the calendar year then ended pursuant to Section 10.1.2(a) or (b), as applicable, and ending on the date immediately preceding the effec
PLEDGE AGREEMENTPledge Agreement • April 1st, 2013 • Kraton Performance Polymers, Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS PLEDGE AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time, the “Pledge Agreement” or the “Agreement”), dated as of March 27, 2013, is by and among Kraton Polymers U.S. LLC, a Delaware limited liability company (the “Initial U.S. Borrower”), Kraton Polymers LLC, a Delaware limited liability company (“KPLLC”), Kraton Performance Polymers, Inc., a Delaware corporation (“Parent”) and the other parties identified as “Pledgors” on the signature pages hereto and such other parties as may become Pledgors hereunder after the date hereof (individually, a “Pledgor” and collectively, the “Pledgors”) and BANK OF AMERICA, N.A., as collateral agent (in such capacity together with its successors and assigns, the “Collateral Agent”) for the holders of the Secured Obligations referenced below.
