AMENDMENT NO. 5 AND WAIVER TO SENIOR SECURED SUPERPRIORITY DEBTOR-IN POSSESSION CREDIT, SECURITY AND GUARANTY AGREEMENTSenior Secured Superpriority Debtor-in-Possession Credit, Security and Guaranty Agreement • September 21st, 2016 • Horsehead Holding Corp • Primary smelting & refining of nonferrous metals • New York
This AMENDMENT NO. 5 AND WAIVER TO SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of September 15, 2016 (this “Amendment”), is entered into by and among HORSEHEAD CORPORATION, a company organized under the laws of the State of Delaware (“Horsehead”), THE INTERNATIONAL METALS RECLAMATION COMPANY, LLC, a limited liability company organized under the laws of the State of Delaware (“INMETCO”), HORSEHEAD METAL PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“HMP”), ZOCHEM INC., a corporation incorporated pursuant to the Canada Business Corporations Act (“Zochem”) and HORSEHEAD HOLDING CORP., a corporation organized under the laws of the State of Delaware (“Horsehead Holding” and, together with Horsehead, INMETCO, HMP and Zochem, each a “Borrower” and, collectively, the “Borrowers”), the Lenders party hereto and CANTOR FITZGERALD SECURITIES, as Administrative Agent. Capitalized terms used
AMENDMENT NO. 1 TO UNIT PURCHASE AND SUPPORT AGREEMENTUnit Purchase and Support Agreement • September 21st, 2016 • Horsehead Holding Corp • Primary smelting & refining of nonferrous metals
THIS AMENDMENT NO. 1 TO UNIT PURCHASE AND SUPPORT AGREEMENT (this “Amendment”), dated as of August 30, 2016, is made by and among (A) Horsehead Holding Corp. (as debtor in possession and a reorganized debtor, as applicable, the “Company”) on behalf of itself, and, subject to Section 10.1 of the Agreement (as defined below), each of the other Debtors, and (B) the parties listed as “Plan Sponsors” on Schedule 1 hereto (each a “Plan Sponsor” and collectively, the “Plan Sponsors,” and, together with the Company, the “Parties”).
