AMENDMENT NO. 6 TO FINANCING AGREEMENTFinancing Agreement • March 5th, 2009 • Metalico Inc • Secondary smelting & refining of nonferrous metals • New York
This AMENDMENT NO. 6 TO FINANCING AGREEMENT (this “Amendment”) is entered into as of February 27, 2009 (the “Amendment Date”) but effective as to the provisions so specified below as of December 31, 2008, by and among METALICO, INC., a Delaware corporation (“Borrower”), each Subsidiary of Borrower listed as a “Guarantor” on the signature pages hereto (each a “Guarantor” and collectively, jointly and severally, the “Guarantors”), the lenders signatory hereto (each a “Lender” and collectively, the “Lenders”), ABLECO FINANCE LLC, a Delaware limited liability company (“Ableco”), as collateral agent for the Lenders (in such capacity, together with any successor collateral agent, the “Collateral Agent”), and Ableco, as administrative agent for the Lenders (in such capacity, together with any successor administrative agent, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and collectively, the “Agents”).
SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 5th, 2009 • Metalico Inc • Secondary smelting & refining of nonferrous metals • New York
SEVENTH AMENDMENT, dated as of February 27, 2008, but effective as of December 31, 2008 (this "Amendment”), to the Amended and Restated Loan and Security Agreement, dated as of July 3, 2007, as amended by the First Amendment dated as of October 3, 2007, by the Second Amendment dated as of January 25, 2008, by the Third Amendment dated as of March 24, 2008, by the Fourth Amendment dated as of May 1, 2008, by the Fifth Amendment dated as of July 15, 2008 and by the Sixth Amendment dated as of September 15, 2008 (the “Loan Agreement”), by and among, on the one hand, the lenders identified on the signature pages thereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender” and collectively as the “Lenders”), and WELLS FARGO FOOTHILL, INC. (“Foothill”), a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capa
