CREDIT AGREEMENT dated as of February 26, 2021 by and among EASTMAN KODAK COMPANY, as Borrower THE LENDERS PARTY HERETO, as Lenders, and ALTER DOMUS (US) LLC as Administrative AgentCredit Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of February 26, 2021, among EASTMAN KODAK COMPANY, a New Jersey corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and Alter Domus (US) LLC, as Administrative Agent.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”), dated as of February 26, 2021, by and between EASTMAN KODAK COMPANY a New Jersey corporation (the “Company”) and the investor listed on Exhibit A to the Purchase Agreement (as defined below) (the “Purchaser”).
LETTER OF CREDIT FACILITY AGREEMENT Dated as of February 26, 2021 among EASTMAN KODAK COMPANY as Borrower and THE GUARANTORS NAMED HEREIN as Guarantors and THE LENDERS NAMED HEREIN as Lenders and BANK OF AMERICA, N.A. as Issuing Bank, Administrative...Letter of Credit Facility Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
THIS LETTER OF CREDIT FACILITY AGREEMENT (the “Agreement”) dated as of February 26, 2021, is by and among EASTMAN KODAK COMPANY, a New Jersey corporation (the “Borrower” or “Company”), the Guarantors (as hereinafter defined), the banks, financial institutions and other institutional lenders (the “Lenders”) from time to time party hereto, BANK OF AMERICA, N.A., as issuing bank (in such capacity, “Issuing Bank”) and BANK OF AMERICA, N.A., as administrative agent and collateral agent for Issuing Bank and the Lenders (in such capacity, “Agent”).
AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
WHEREAS, the Borrower entered into that certain Credit Agreement, dated as of September 3, 2013, among the Borrower, the Guarantors, the banks, financial institutions and other institutional lenders and issuers of letters of credit from time to time party thereto, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC and J.P. Morgan Securities LLC, as joint lead arrangers and joint bookrunners, Barclays Bank PLC, as syndication agent, and Bank of America, N.A., as administrative agent and collateral agent for the Lenders (as amended, supplemented or otherwise modified prior to the Closing Date, the “Existing Credit Agreement”);
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”), dated as of February 26, 2021, by and between EASTMAN KODAK COMPANY a New Jersey corporation (the “Company”) Kennedy Lewis Capital Partners Master Fund LP, a Delaware limited partnership (“Fund I”), and Kennedy Lewis Capital Partners Master Fund II LP (“Fund II, and together with Fund I, each a “Buyer” and collectively, the “Buyers”).
SERIES A PREFERRED STOCK REPURCHASE AND EXCHANGE AGREEMENTSeries a Preferred Stock Repurchase and Exchange Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies
THIS REPURCHASE AND EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of the 26th day of February, 2021, by and among Eastman Kodak Company, a New Jersey corporation (the “Company”), Longleaf Partners Small-Cap Fund, C2W Partners Master Fund Limited, and Deseret Mutual Pension Trust (each a “Holder” and collectively, the “Holders”), and Southeastern Asset Management, Inc. (“Southeastern”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of February 26, 2021, is entered into by and between Eastman Kodak Company, a New Jersey corporation (the “Company”), Kennedy Lewis Capital Partners Master Fund LP, a Delaware limited partnership (“Fund I”), and Kennedy Lewis Capital Partners Master Fund II LP (“Fund II, and together with Fund I, each a “Buyer” and collectively, the “Buyers”).
KENNEDY LEWIS INVESTMENT MANAGEMENT LLCBoard Rights Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • Delaware
Reference is made to that certain Credit Agreement, dated as of the date hereof (the “Credit Agreement”), by and among Eastman Kodak Company, a New Jersey corporation (“Company”), the other Loan Parties party thereto, the lenders from time to time party thereto (the “Lenders”) and Alter Domus (US) LLC, as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
SERIES C PREFERRED STOCK PURCHASE AGREEMENT dated as of February 26, 2021 by and among EASTMAN KODAK COMPANY and GO EK VENTURES IV, LLCSeries C Preferred Stock Purchase Agreement • March 1st, 2021 • Eastman Kodak Co • Photographic equipment & supplies • New York
THIS SERIES C PREFERRED STOCK PURCHASE AGREEMENT (this “Agreement”), is made and entered into as of the 26th day of February, 2021, by and among Eastman Kodak Company, a New Jersey corporation (the “Company”) and the investor listed on Exhibit A to this Agreement (the “Purchaser”).
