SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of June 3, 2020 among LIBBEY GLASS INC., a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Borrower, LIBBEY INC., a Debtor and Debtor-in- Possession under...Superpriority Secured Debtor-in-Possession Credit Agreement • June 9th, 2020 • Libbey Inc • Glass & glassware, pressed or blown
Contract Type FiledJune 9th, 2020 Company IndustryThis SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of June 3, 2020, among LIBBEY GLASS INC., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), LIBBEY INC., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (“Holdings”), the Debtor Subsidiary Guarantors (as defined below), each, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, the Foreign Subsidiary Guarantors (as defined below), Cortland Capital Market Services LLC (“Cortland”), as Administrative Agent and Collateral Agent, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • June 9th, 2020 • Libbey Inc • Glass & glassware, pressed or blown • New York
Contract Type FiledJune 9th, 2020 Company Industry JurisdictionThis Amended and Restated Intercreditor Agreement is dated as of June 3, 2020, and entered into by and among Libbey Glass Inc., a Delaware corporation (the "Company"), Libbey Inc., a Delaware corporation ("Holdings"), the Subsidiaries of the Company listed on the signature pages hereof (together with any subsidiary that becomes a party hereto after the date hereof, the "Company Subsidiaries"), J.P. Morgan Europe Limited, in its capacity as administrative agent with respect to the Netherlands Revolving Loans under the Existing ABL Loan Agreement (in such capacity, including its successors and assigns from time to time, "Existing Netherlands ABL Agent") and in its capacity as a designated collateral agent for purposes of holding certain Collateral in connection with the DIP ABL Loan Agreement (in such capacity, together with its successors and assigns from time to time, "DIP ABL Sub-Agent"), JPMorgan Chase Bank, N.A., in its capacity as administrative agent under the DIP ABL Loan Agreeme