RECITALS:Term Loan Dip Credit Agreement • July 6th, 2007 • Dura Automotive Systems Inc • Motor vehicle parts & accessories • New York
AMENDMENT NO. 5 AND WAIVER WITH RESPECT TO TERM LOAN DIP CREDIT AGREEMENTTerm Loan Dip Credit Agreement • January 9th, 2008 • Dura Automotive Systems Inc • Motor vehicle parts & accessories • New York
This AMENDMENT NO. 5 AND WAIVER, dated as of December 28, 2007 (this “Amendment”), is entered into by and among DURA OPERATING CORP., a Delaware corporation, a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (the “Company”), DURA AUTOMOTIVE SYSTEMS, INC., a Delaware corporation, a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (“Holdings”), certain SUBSIDIARIES OF HOLDINGS AND COMPANY, each a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code, as Guarantors, the lenders from time to time party to the Term Loan DIP Credit Agreement (as defined below) (the “Lenders”), GOLDMAN SACHS CREDIT PARTNERS L.P., as Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”), as Collateral Agent and as Sole Book Runner, Joint Lead Arranger and Syndication Agent and BANK OF AMERICA, N.A., as Issuing Bank and Credit-Linked Deposit Bank.
