SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT betweenSuperpriority Debtor-in-Possession Credit Agreement • March 23rd, 2016 • Quantum Fuel Systems Technologies Worldwide, Inc. • Motor vehicle parts & accessories • California
This Superpriority Debtor-in-Possession Credit Agreement (this “Agreement”), dated as of March 22, 2016, is between Quantum Fuel Systems Technologies Worldwide, Inc., a Delaware corporation and a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the “Borrower”), and Douglas Acquisitions LLC, as lender (together with its successors and assigns, the “Lender”).
SECOND AMENDED AND RESTATED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Debtor-in-Possession Credit Agreement • January 8th, 2011
Maryland corporation, a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, the other BORROWERS party hereto, each of which is a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., a national banking association, as Administrative Agent and as Collateral Agent.
ContractSuperpriority Debtor-in-Possession Credit Agreement • November 8th, 2013 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 1, dated as of July 24, 2013 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • June 30th, 2014 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 4, dated as of June 27, 2014 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT by and among JAMES RIVER COAL COMPANY, a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Borrower, the other Credit Parties party hereto from time to time, each a Debtor...Superpriority Debtor-in-Possession Credit Agreement • April 11th, 2014 • James River Coal CO • Bituminous coal & lignite surface mining • New York
This SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of April 7, 2014 (as it may be amended, restated, modified, supplemented or extended from time to time, including all exhibits and schedules thereto, or otherwise modified, this “Agreement”), by and among JAMES RIVER COAL COMPANY, a corporation organized under the laws of Virginia and a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (“JRCC”), as Borrower (the “Borrower”), and the Subsidiaries of JRCC party hereto from time to time and each a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, as Guarantors (together, the Borrower and Guarantors, the “Credit Parties”), the lenders party hereto from time to time (the “Lenders”), and CANTOR FITZGERALD SECURITIES (“CFS”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, the “Administrative Agent”) and as collateral agent for the L
THIRD AMENDED AND RESTATED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Debtor-in-Possession Credit Agreement • May 10th, 2011 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
This THIRD AMENDED AND RESTATED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) dated as of January 13, 2011, among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation, a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, the other BORROWERS party hereto, each of which is a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., a national banking association, as Administrative Agent and as Collateral Agent.
ContractSuperpriority Debtor-in-Possession Credit Agreement • February 13th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 11, dated as of February 13, 2015 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT among AMERICANWEST BANCORPORATION, as Borrower, and SKBHC HAWKS NEST ACQUISITION CORP., as Lender Dated as of October 28, 2010Superpriority Debtor-in-Possession Credit Agreement • October 28th, 2010 • Americanwest Bancorporation • State commercial banks • New York
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”), dated as of October 28, 2010, among AmericanWest Bancorporation, a Washington corporation and a debtor and debtor in possession in a case pending under Chapter 11 of the Bankruptcy Code (the “Borrower”), and SKBHC Hawks Nest Acquisition Corp., as lender (together with its successors and assigns, the “Lender”).
ContractSuperpriority Debtor-in-Possession Credit Agreement • March 27th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 12, dated as of March 26, 2015 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
FOURTH AMENDMENTSuperpriority Debtor-in-Possession Credit Agreement • June 3rd, 2016 • Quantum Fuel Systems Technologies Worldwide, Inc. • Motor vehicle parts & accessories
This Fourth Amendment dated June 1, 2016 (this “Amendment”), between Quantum Fuel Systems Technologies Worldwide, Inc., as “Borrower,” and Douglas Acquisitions LLC, as “Lender,” amends the Superpriority Debtor-in-Possession Credit Agreement dated March 22, 2016 (as amended, the “Credit Agreement”), between the Borrower and the Lender. Capitalized terms used but not otherwise defined in this Amendment have the meanings assigned to those terms in the Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • October 15th, 2013 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 2, dated as of October 9, 2013 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • June 30th, 2014 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 5, dated as of June 27, 2014 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
AMENDMENT NO. 1 TO SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Debtor-in-Possession Credit Agreement • November 22nd, 2010 • Americanwest Bancorporation • State commercial banks • New York
This AMENDMENT NO. 1 TO SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Amendment”), dated as of November 17, 2010, is entered into among AmericanWest Bancorporation, a Washington corporation and a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the “Borrower”) and SKBHC Hawks Nest Acquisition Corp., as lender (the “Lender”).
Executive Version SECOND AMENDMENT TO THIRD AMENDED AND RESTATED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Debtor-in-Possession Credit Agreement • September 23rd, 2011 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
SECOND AMENDMENT dated as of September 21, 2011 (this “Second Amendment”) to the THIRD AMENDED AND RESTATED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT dated as of January 13, 2011 (as amended by the First Amendment dated as of July 8, 2011, the “DIP Credit Agreement”), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation, a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, the other BORROWERS party thereto, each of which is a debtor and debtor-in-possession in cases pending under Chapter 11 of the Bankruptcy Code, the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent and as Collateral Agent.
THIRD AMENDMENTSuperpriority Debtor-in-Possession Credit Agreement • May 27th, 2016 • Quantum Fuel Systems Technologies Worldwide, Inc. • Motor vehicle parts & accessories
This Third Amendment dated May 23, 2016 (this “Amendment”), between Quantum Fuel Systems Technologies Worldwide, Inc., as “Borrower,” and Douglas Acquisitions LLC, as “Lender,” amends the Superpriority Debtor-in-Possession Credit Agreement dated March 22, 2016 (as amended, the “Credit Agreement”), between the Borrower and the Lender. Capitalized terms used but not otherwise defined in this Amendment have the meanings assigned to those terms in the Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • July 28th, 2014 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 7, dated as of July 25, 2014 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • May 28th, 2014 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 3, dated as of May 28, 2014 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
ContractSuperpriority Debtor-in-Possession Credit Agreement • July 28th, 2014 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 6, dated as of July 22, 2014 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT DATED AS OF JANUARY 23, 2008 AMONG PROPEX INC, debtor and debtor-in-possession THE LENDERS LISTED HEREIN, as Lenders, BNP PARIBAS, as Administrative Agent and BNP PARIBAS SECURITIES CORP., as Lead...Superpriority Debtor-in-Possession Credit Agreement • January 24th, 2008 • Propex Inc. • Broadwoven fabric mills, man made fiber & silk • New York
ContractSuperpriority Debtor-in-Possession Credit Agreement • January 15th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDMENT NO. 10, dated as of January [ ], 2015 (this “Amendment”), in respect of the Amended and Restated Superpriority Debtor-in-Possession Credit Agreement dated as of July 12, 2013 (as amended, supplemented or otherwise modified, the “DIP Credit Agreement”) by and among Exide Technologies, a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “US Borrower”), Exide Global Holding Netherlands C.V., a limited partnership organized under the laws of the Netherlands (the “Foreign Borrower” and, together with the US Borrower, the “Borrowers”), the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A., a national banking association, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the DIP Credit Agreement.
