JOINDER AGREEMENT TO INTERCREDITOR AGREEMENT November 9, 2015Joinder Agreement • November 16th, 2015 • LSB Industries Inc • Industrial inorganic chemicals • New York
The undersigned, together with its successors and assigns (the “Purchaser”), in connection with the 12.0% Senior Secured Notes Due 2019 (the “12.0% Notes”) issued by LSB Industries, Inc., a Delaware corporation (the “Company”), pursuant to that certain Note Purchase Agreement, dated as of November 9, 2015 (the “Note Purchase Agreement”), is the “Other Pari Passu Lien Obligations Agent” for itself and each other holder of the 12.0% Notes (collectively, the “New Claimholders”) wishing to become “Notes Claimholders” under and as each such term is defined in the Intercreditor Agreement dated as of August 7, 2013 (as amended and/or supplemented from time to time, the “Intercreditor Agreement” (terms used without definition therein having the meanings assigned to such terms by the Intercreditor Agreement)) among the Company, the Company’s subsidiaries party thereto, the ABL Agent thereunder and the Notes Agent thereunder.
NOTE PURCHASE AGREEMENT Dated as of November 9, 2015 among LSB INDUSTRIES, INC., as Issuer THE GUARANTORS PARTY HERETO and LSB FUNDING LLC, as Purchaser 12.0% Senior Secured Notes Due 2019Note Purchase Agreement • November 16th, 2015 • LSB Industries Inc • Industrial inorganic chemicals • New York
This NOTE PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of November 9, 2015 (the “Closing Date”), among LSB Industries, Inc., a Delaware corporation (the “Company”), as issuer, the Guarantors (as defined herein) and LSB Funding LLC (together with its successors and assigns, the “Purchaser”).
AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 16th, 2015 • LSB Industries Inc • Industrial inorganic chemicals • New York
AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of November 9, 2015 (this “Amendment”), to the Second Amended and Restated Loan and Security Agreement dated as of December 31, 2013 (as amended prior to the date hereof, the “Loan Agreement”), between and among, on the one hand, the lenders from time to time party thereto (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO CAPITAL FINANCE, LLC, a California limited liability company, as successor in interest to Wells Fargo Capital Finance, Inc. (“WFCF”), as the arranger and administrative agent for the Lenders (in such capacity, the “Agent”), and, on the other hand, LSB INDUSTRIES, INC., a Delaware corporation (“Parent”), each of the Subsidiaries of Parent identified on the signature pages thereto as Borrowers (such Subsidiaries, together with Parent, are referred to herein
JOINDER AGREEMENT TO THE SECURITY AGREEMENT November 9, 2015Joinder Agreement • November 16th, 2015 • LSB Industries Inc • Industrial inorganic chemicals • New York
The undersigned, together with its successors and assigns (the “Purchaser”), in connection with the 12.0% Notes (defined below) wishes to become “Secured Parties” (together with each holder of the 12.0% Notes, collectively, the “New Secured Parties”) under the Security Agreement, dated as of August 7, 2013 (as amended and/or supplemented, the “Security Agreement” (terms used without definition herein have the meanings assigned to such terms by the Security Agreement)) among LSB Industries, Inc., the other Grantors party thereto and UMB Bank, n.a., as Collateral Agent (in its capacity as the collateral agent, the “Collateral Agent”) and the other Security Documents.
