ContractFirst Amendment • August 13th, 2014 • Momentive Performance Materials Inc. • Industrial organic chemicals • New York
FIRST AMENDMENT (this “Amendment”) dated as of May 12, 2014, among MOMENTIVE PERFORMANCE MATERIALS HOLDINGS INC., a Delaware corporation (“Holdings”), MOMENTIVE PERFORMANCE MATERIALS INC., a Delaware corporation (“Intermediate Holdings”), MOMENTIVE PERFORMANCE MATERIALS USA INC., a Delaware corporation (the “U.S. Borrower”), MOMENTIVE PERFORMANCE MATERIALS GMBH, a company organized under the laws of Germany (the “Germany Silicone Borrower”), MOMENTIVE PERFORMANCE MATERIALS QUARTZ GMBH, a company organized under the laws of Germany (the “Germany Quartz Borrower”), MOMENTIVE PERFORMANCE MATERIALS NOVA SCOTIA ULC, an unlimited company incorporated under the laws of the Province of Nova Scotia, Canada (the “Canadian Borrower”; the Canadian Borrower, the Germany Silicone Borrower, the Germany Quartz Borrower and the U.S. Borrower, each a “Borrower” and collectively the “Borrowers”), the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capa
BACKSTOP COMMITMENT AGREEMENT AMONG MOMENTIVE PERFORMANCE MATERIALS HOLDINGS INC., MOMENTIVE PERFORMANCE MATERIALS INC. AND THE COMMITMENT PARTIES PARTY HERETOBackstop Commitment Agreement • August 13th, 2014 • Momentive Performance Materials Inc. • Industrial organic chemicals • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of May 9, 2014, is made by and among Momentive Performance Materials Holdings Inc. (as a debtor in possession and a reorganized debtor, as applicable, the “Company”) and Momentive Performance Materials Inc. (as a debtor in possession and a reorganized debtor, as applicable, “MPM”) on behalf of themselves and the other Debtors, on the one hand, and the parties set forth on Schedule 1 hereto (each referred to herein, individually, as a “Commitment Party” and, collectively, as the “Commitment Parties”), on the other hand. The Company, MPM and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties”.
