AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • July 13th, 2016 • Electronic Cigarettes International Group, Ltd. • Cigarettes • New York
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this Amended and Restated Intercreditor Agreement, together with all exhibits, schedules, extensions, renewals, amendments, restatements, substitutions, and replacements hereto and hereof, this “Agreement”) is dated as of July 8, 2016 by and among CALM WATERS PARTNERSHIP, a Wisconsin general partnership, together with its successors and assigns, (“Calm Waters”), the additional lenders party hereto (collectively, the “Additional Lenders”), and the holders of the Promissory Notes (as defined below) party hereto (collectively, the “Holders,” and together with Calm Waters and the Additional Lenders, the “Lenders,” and each, individually, a “Lender”).
AMENDMENT NO. 1 TO FORBEARANCE AGREEMENTForbearance Agreement • July 13th, 2016 • Electronic Cigarettes International Group, Ltd. • Cigarettes
This AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT (this “Amendment”) dated as of July 8, 2016 (the “Effective Date”) is entered into by Electronic Cigarettes International Group, Ltd. (the “Borrower”), and Calm Waters Partnership (the “Lender”).
Intercreditor amendment deedElectronic Cigarettes International Group, Ltd. • July 13th, 2016 • Cigarettes
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • July 13th, 2016 • Electronic Cigarettes International Group, Ltd. • Cigarettes • New York
This Amendment No. 1 to Credit Agreement (the “Amendment”) is dated as of July 8, 2016, and is by and between Tiburon Opportunity Fund, L.P., a Delaware limited partnership (the “Agent”) as a lender and as agent for the various additional lenders (the “Additional Lenders”) party to the Additional Lender Credit Agreement (defined below), the Additional Lenders signatory hereto, and Calm Waters Partnership, a Wisconsin General Partnership (“Calm Waters”, collectively with the Additional Lenders, the “Lenders”), and Electronic Cigarettes International Group, Ltd., a Nevada corporation (the “Borrower”).
AMENDMENT No. 3 TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 13th, 2016 • Electronic Cigarettes International Group, Ltd. • Cigarettes • New York
This AMENDMENT No. 3 TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), is made and entered into as of July 8, 2016, by and among Electronic Cigarettes International Group, Ltd., a Nevada corporation, (the “Company”) and the holders of registration rights under the Registration Rights Agreement (defined below) signatory hereto (each, a “Holder” and collectively, the “Holders”).
AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • July 13th, 2016 • Electronic Cigarettes International Group, Ltd. • Cigarettes • New York
This Amendment No. 5 to Credit Agreement (the “Amendment”) is dated as of July 8, 2016, and is by and between Calm Waters Partnership, a Wisconsin General Partnership (“Calm Waters”), and Electronic Cigarettes International Group, Ltd., a Nevada corporation (the “Borrower”).
