AMENDMENT NO. 8 TO FINANCING AGREEMENTFinancing Agreement • July 28th, 2009 • Metalico Inc • Secondary smelting & refining of nonferrous metals • New York
This AMENDMENT NO. 8 TO FINANCING AGREEMENT (this “Amendment”) is entered into as of July 27, 2009 (the “Amendment Date”) but effective as to the provisions so specified below as of June 30, 2009, 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”).
TENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 28th, 2009 • Metalico Inc • Secondary smelting & refining of nonferrous metals • New York
TENTH AMENDMENT, dated as of July 27, 2009, but effective as of June 30, 2009 (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 by the Sixth Amendment dated as of September 15, 2008, by the Seventh Amendment dated as of February 27, 2009, by the Eighth Amendment dated as of March 13, 2009, and by the Ninth Amendment dated as of April 1, 2009 (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 Calif
