AMENDMENT NO. 1 AND CONSENT AGREEMENT1 and Consent Agreement • April 30th, 2009 • Borgwarner Inc • Motor vehicle parts & accessories
This Amendment No. 1 and Consent Agreement (this “Agreement”) dated as of April 30, 2009 is entered into by and among BORGWARNER INC., a Delaware corporation (the “Borrower”), the Guarantors (as defined in the Credit Agreement (defined below)), the Lenders (as defined in the Credit Agreement (defined below)) identified on the signature pages hereto, JPMORGAN CHASE BANK, as the administrative agent under the Credit Agreement prior to giving effect to this Agreement (in such capacity, the “Existing Administrative Agent”), and BANK OF AMERICA, N.A. (“Bank of America”), as the administrative agent under the Credit Agreement after giving effect to this Agreement (in such capacity, the “Replacement Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
