FIRST LIEN AGENCY ASSIGNMENT AND AMENDMENT AGREEMENTFirst Lien Agency Assignment and Amendment Agreement • March 17th, 2010 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
Contract Type FiledMarch 17th, 2010 Company Industry JurisdictionThis AGENCY ASSIGNMENT AGREEMENT, dated as of July 24, 2009 (this “Agreement”), by and among, MORGAN STANLEY SENIOR FUNDING, INC. (“MSSF”), MORGAN STANLEY & CO. INCORPORATED (“MS&Co”), and MORGAN STANLEY SENIOR FUNDING (NOVA SCOTIA) CO. (“MSNS”, and together with MSSF and MS&Co, the “Morgan Stanley Entities”) the LENDERS party hereto (the “Required Lenders”) and WILMINGTON TRUST FSB (“Wilmington Trust”), and is acknowledged and agreed to by Mitel Networks, Inc., Mitel US Holdings, Inc., Mitel (Delaware), Inc. formerly known as Inter-Tel (Delaware) Incorporated and successor in interest to Arsenal Acquisition Corporation, and Mitel Networks Corporation (collectively, the “Borrowers”). Reference is made to that certain First Lien Credit Agreement dated as of August 16, 2007, by and among the Borrowers, MSSF, as U.S. Administrative Agent thereunder (in such capacity, the “U.S. Administrative Agent”), MSNS, as the Canadian Administrative Agent thereunder (in such capacity, the “Canadian Ad