PLEDGE AGREEMENT among EXIDE TECHNOLOGIES, CERTAIN SUBSIDIARIES OF EXIDE TECHNOLOGIES, and THE PENSION BENEFIT GUARANTY COMPANY, as SECURED PARTYPledge Agreement • June 15th, 2005 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
PLEDGE AGREEMENT (as amended, modified, restated and/or supplemented from time to time, this “Agreement”), dated as of June 10, 2005, among each of the undersigned pledgors (each a “Pledgor” and, together with any other entity that becomes a pledgor hereunder pursuant to Section 30 hereof, the “Pledgors”) and the PENSION BENEFIT GUARANTY CORPORATION (the “PBGC”) on behalf of the Exide Technologies (EIN: 23-0552730 Plan 075) Retirement Plan, as the secured party (the “Plan” and the Plan, together with the PBGC acting on behalf of the Plan, the “Pledgee”). Except as otherwise defined herein, all capitalized terms used herein, not defined herein and defined in the Credit Agreement and/or the Intercreditor Agreement (each as defined below) shall be used herein as therein defined.
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 15th, 2005 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
This INTERCREDITOR AGREEMENT, dated as of March 18, 2005, and entered into by and among EXIDE TECHNOLOGIES, a Delaware corporation (the “Borrower”), each other Grantor (as hereinafter defined) from time to time party hereto, DEUTSCHE BANK AG NEW YORK BRANCH, in its capacity as collateral agent under the First-Lien Credit Documents (as defined below) (together with its successors and assigns in such capacity from time to time, the “First-Lien Collateral Agent”), SUNTRUST BANK (“Suntrust”), in its capacity as trustee and collateral agent under the Second-Lien Note Documents (as defined below) (together with its successors and assigns in such capacities from time to time, the “Second-Lien Trustee”) and the PENSION BENEFIT GUARANTY CORPORATION (the “PBGC”) on behalf of the Exide Technologies (EIN: 23-0552730 Plan 075) Retirement Plan (the “Plan” and the Plan, together with the PBGC acting on behalf of the Plan, the “PBGC Creditors”), pursuant to section 412(f)(3)(A) of the Code (as hereina
SECURITY AGREEMENT among EXIDE TECHNOLOGIES, CERTAIN SUBSIDIARIES OF EXIDE TECHNOLOGIES and THE PENSION BENEFIT GUARANTY CORPORATION, as SECURED PARTYSecurity Agreement • June 15th, 2005 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
ANNEX A Schedule of Chief Executive Offices Address(es) of Chief Executive Office ANNEX B Schedule of Inventory and Equipment Locations
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 15th, 2005 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Fourth Amendment”), dated as of June 14, 2005, among EXIDE TECHNOLOGIES, a Delaware corporation (the “U.S. Borrower”), EXIDE GLOBAL HOLDING NETHERLANDS C.V., a limited partnership organized under the laws of The Netherlands (the “European Borrower”, and together with the U.S. Borrower, the “Borrowers”), the Lenders from time to time party hereto and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
