Commitment LetterIntercreditor Agreement • October 30th, 2018 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Delaware
Reference is hereby made to (i) that certain Term Loan Agreement, dated as of April 29, 2016 (as such document may have been amended or otherwise modified to but excluding the date hereof, the “Existing Term Loan Credit Agreement”; the Existing Term Loan Credit Agreement, as amended or otherwise modified by the Amendment (as defined below), the “Term Loan Credit Agreement”) among MKS Instruments, Inc. (the “Borrower” or “you”), the Lenders from time to time party thereto and Barclays Bank PLC, as administrative agent and collateral agent (in such capacities, the “Term Loan Agent”) and (ii) that certain ABL Credit Agreement, dated as of April 29, 2016 among the Borrower, the Lenders from time to time party thereto and Deutsche Bank AG New York Branch, as the administrative agent and collateral agent(as such document may have been amended or otherwise modified to but excluding the date hereof, the “Existing ABL Credit Agreement”; the Existing Term Loan Credit Agreement, together with the
