AMENDMENT NO. 16 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERAmendment No. 16 to Amended and Restated Credit Agreement and Waiver • December 30th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • North Carolina
THIS AMENDMENT NO. 16 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER, dated as of December 9, 2008 (the “Agreement”) relating to the Credit Agreement referenced below, is by and among WOLVERINE TUBE, INC., a Delaware corporation (the “Company”), certain of its Subsidiaries identified as Subsidiary Borrowers on the signature pages hereto and any additional Subsidiaries of the Company which become parties to the Credit Agreement in accordance with the terms thereof (collectively referred to as the “Subsidiary Borrowers” and individually referred to as a “Subsidiary Borrower”) (hereinafter, the Company and the Subsidiary Borrowers are collectively referred to as the “Borrowers” or referred to individually as a “Borrower”), each of the financial institutions identified as Lenders on the signature pages hereto (the “Lenders” and each individually, a “Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, (“Wachovia”), acting in the manner and to the extent described in Article XIII of the
