ContractEmployment Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
*** - Certain confidential information contained in this document has been omitted from public filing pursuant to a request for confidential treatment submitted to the U.S. Securities and Exchange Commission. The omitted information, which has been identified with the symbol “***,” has been filed separately with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
AMENDED AND RESTATED STOCK AND ASSET PURCHASE AGREEMENT AMONG EASTMAN KODAK COMPANY, AS DEBTOR-IN-POSSESSION, THE OTHER SELLER PARTIES LISTED ON THE SIGNATURE PAGES HERETO, KPP TRUSTEES LIMITED, AS TRUSTEE FOR THE KODAK PENSION PLAN OF THE UNITED...Stock and Asset Purchase Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
This Amended and Restated Stock and Asset Purchase Agreement is dated as of August 30, 2013, among Eastman Kodak Company, a New Jersey corporation (“Seller”), the other Seller Parties listed on the signature pages hereto (together with Seller, the “Principal Seller Parties”), and KPP Trustees Limited, as trustee for the KPP (“Purchaser” and, together with the Principal Seller Parties, each a “Party” and together the “Parties”); and, solely for purposes of Section 11.4, KPP Holdco Limited (“KPP Holdco”).
AMENDED AND RESTATED SETTLEMENT AGREEMENT EASTMAN BUSINESS PARKSettlement Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
THIS AGREEMENT WITH COVENANTS NOT TO SUE (this “Covenant”) is made this day of 2013 by and between the New York State Department of Environmental Conservation (“DEC”) and Eastman Kodak Company (“Kodak”) (DEC and Kodak are collectively referred to as the “Parties”).
GUARANTEE AND COLLATERAL AGREEMENT Dated September 3, 2013 From The Grantors referred to herein as Grantors to JPMorgan Chase Bank, N.A. as Administrative AgentGuarantee and Collateral Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
GUARANTEE AND COLLATERAL AGREEMENT dated September 3, 2013 (as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), made by Eastman Kodak Company, a New Jersey corporation (“Borrower” or “Company”), and the other Persons listed on the signature pages hereof, or which at any time execute and deliver a Security Agreement Supplement in substantially the form attached hereto as Exhibit C (the Borrower and such Persons so listed or joined being, collectively, the “Grantors”), to JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, together with any successor Administrative Agent appointed pursuant to Article VIII of the Credit Agreement (as hereinafter defined) and assigns, the “Administrative Agent”) for the Secured Parties (as defined in the Credit Agreement).
SECURITY AGREEMENT Dated September 3, 2013 From The Grantors referred to herein as Grantors to Bank of America, N.A. as AgentSecurity Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
SECURITY AGREEMENT dated September 3, 2013 (as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), made by Eastman Kodak Company, a New Jersey corporation (“Borrower”, and the other Persons listed on the signature pages hereof, or which at any time execute and deliver a Security Agreement Supplement in substantially the form attached hereto as Exhibit C (the Borrower and such Persons so listed being, collectively, the “Grantors”), to Bank of America, N.A., as administrative and collateral agent (in such capacity, together with any successor Agent appointed pursuant to Article VIII of the Credit Agreement (as hereinafter defined) and assigns, the “Agent”) for the Secured Parties (as defined in the Credit Agreement).
ContractEmployment Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
*** - Certain confidential information contained in this document has been omitted from public filing pursuant to a request for confidential treatment submitted to the U.S. Securities and Exchange Commission. The omitted information, which has been identified with the symbol “***,” has been filed separately with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
July 30, 2013Employment Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
In connection with the chapter 11 reorganization of Eastman Kodak Company (the “EKC Debtor”) and its chapter 11 debtor affiliates (collectively with the EKC Debtor, the “Debtors”) and in anticipation of confirmation of the Debtors’ Chapter 11 Plan of Reorganization, as may be amended, (the “Chapter 11 Plan”) and emergence from bankruptcy, we have prepared this form of employment agreement to memorialize your agreement to continue your employment following the Debtors’ emergence from chapter 11. This mutually agreeable form of employment agreement (this “Agreement”), which is supported by each of the Backstop Parties (as defined in the Chapter 11 Plan) on behalf of various managed funds, will be your employment agreement and will be adopted immediately prior to the Effective Date (as defined below) by the EKC Debtor and the EKC Debtor shall assign this Agreement to the Reorganized Kodak (as defined in the Chapter 11 Plan) on the Effective Date. For purposes of this Agreement, the term “
INTERCREDITOR AGREEMENT Dated as of September 3, 2013 Among BANK OF AMERICA, N.A., as Representative with respect to the ABL Credit Agreement, JPMORGAN CHASE BANK, N.A., as Representative with respect to the Senior Term Loan Agreement, BARCLAYS BANK...Intercreditor Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies • New York
INTERCREDITOR AGREEMENT (this “Agreement”), dated as of September 3, 2013, among BANK OF AMERICA, N.A. (“BofA”), as Representative with respect to the ABL Credit Agreement, JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as Representative with respect to the Senior Term Loan Agreement, BARCLAYS BANK PLC (“Barclays”), as Representative with respect to the Junior Term Loan Agreement, Eastman Kodak Company (the “Borrower”), and each of the other Grantors party hereto.
EASTMAN KODAK COMPANYRestricted Stock Unit Award Agreement • November 12th, 2013 • Eastman Kodak Co • Photographic equipment & supplies
This Restricted Stock Unit Award Agreement (this “Award Agreement”) evidences an award of restricted stock units (“RSUs”) by the Company under the Eastman Kodak Company 2013 Omnibus Incentive Plan (the “Plan”). Capitalized terms not defined in the Award Agreement have the meanings given to them in the Plan.
