AMENDMENT NO. 5 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 16th, 2023 • Eastman Kodak Co • Photographic equipment & supplies • New York
WHEREAS, the Borrower entered into that certain Credit Agreement, dated as of September 3, 2013, among the Borrower, the Guarantors, the banks, financial institutions and other institutional lenders and issuers of letters of credit from time to time party thereto, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC and J.P. Morgan Securities LLC, as joint lead arrangers and joint bookrunners, Barclays Bank PLC, as syndication agent, and Bank of America, N.A., as administrative agent and collateral agent for the Lenders (as amended, supplemented or otherwise modified prior to the Closing Date, the “Existing Credit Agreement”);
AMENDMENT NO. 1 TO LETTER OF CREDIT FACILITY AGREEMENTLetter of Credit Facility Agreement • March 16th, 2023 • Eastman Kodak Co • Photographic equipment & supplies
AMENDMENT NO. 1 TO LETTER OF CREDIT FACILITY AGREEMENT, dated as of March 14, 2023 (this “Amendment No. 1”), by and among Bank of America, N.A., a national banking association, in its capacity as administrative agent and collateral agent (in such capacity, together with its successors and assigns, “Agent”) pursuant to the LC Credit Agreement (as defined below), each of the parties to the LC Credit Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), BANK OF AMERICA, N.A., as issuing bank (in such capacity, “Issuing Bank”), Eastman Kodak Company, a New Jersey corporation (the “Borrower” or “Company”), the subsidiaries of Borrower party thereto as Guarantors (individually, each a “Guarantor” and collectively, “Guarantors”).
Re: Executive Chairman and CEO AgreementEastman Kodak Co • March 16th, 2023 • Photographic equipment & supplies
As of the date hereof, the Board of Directors of Eastman Kodak Company (the “Company”), upon recommendation of the Compensation, Nominating and Governance Committee (the “Committee”) of the Board of Directors of the Company (the “Board”) has approved an amendment (the “Amendment”) to the employment agreement between you and the Company effective as of February 26, 2021 (the “Employment Agreement”) as described below. All other terms of the Employment Agreement remain in full force and effect. Terms not defined herein shall have the meanings given to them in the Employment Agreement.
