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Debtor in Possession Credit Agreement
Debtor in Possession Credit Agreement (129K)
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DEBTOR IN POSSESSION CREDIT AGREEMENT
dated as of
September 24, 2002
by and among
PEREGRINE SYSTEMS, INC.,
a Delaware corporation and
a Chapter 11 Debtor-in-Possession, and
PEREGRINE REMEDY, INC., a Delaware corporation and
a Chapter 11 Debtor-in-Possession (collectively, ?Borrowers?)
and
and the Subsidiaries of Borrowers named herein (?Guarantors?)
and
BMC SOFTWARE, INC.,
a Delaware corporation (?Lender?)
TABLE OF CONTENTS
ARTICLE 1
DIP FACILITY
. . .
248638
|
BMC Software
As referenced in this Debtor in Possession Credit Agreement:
BMC SOFTWARE, INC. – 11 Debtor-in-Possession, and
PEREGRINE REMEDY, INC., a Delaware corporation and
a Chapter 11 Debtor-in-Possession (collectively, Borrowers)
and
and the Subsidiaries of Borrowers named herein (Guarantors)
and
BMC SOFTWARE, INC. ,
a Delaware corporation (Lender)
TABLE OF CONTENTS
ARTICLE 1
DIP FACILITY
Section 1.1
Post-Petition Loans
ARTICLE 2
INTEREST, FEES AND CHARGES
Section 2.1
Interest
Section 2.
_____________
BMC SOFTWARE, INC. – corporation and a Chapter 11 debtor-in-possession (each individually a Borrower, and collectively, Borrowers); each of the Subsidiaries of Borrowers listed on the signature pages hereof (collectively, Guarantors) and BMC SOFTWARE, INC. , a Delaware corporation (Lender). Capitalized terms used in this Agreement have the meanings assigned to them in Appendix A, General Definitions.
R E C I T A L S:
_____________
BMC SOFTWARE, INC. – 858-481 -1751
REMEDY SOFTWARE IRELAND, LTD.
By:
/s/ Ken Sexton
Name:
Ken Sexton
Title:
Director
Address: 1585 Charleston Road
Mountain View, California 94043
Telecopier No: 650-903-5200
LENDER:
BMC SOFTWARE, INC. , a Delaware corporation
By:
/s/ Robert H. [ILLEGIBILE]
Name:
Robert H. [ILLEGIBILE]
Title:
Senior Vice President Land General Counsel
Address: 2101 City West Boulevard
Houston, Texas 77042-2827
Telecopier
_____________
dt 1460656
;
BMC Software
As referenced in this Debtor in Possession Credit Agreement:
BMC SOFTWARE, INC. – 11 Debtor-in-Possession, and
PEREGRINE REMEDY, INC., a Delaware corporation and
a Chapter 11 Debtor-in-Possession (collectively, Borrowers)
and
and the Subsidiaries of Borrowers named herein (Guarantors)
and
BMC SOFTWARE, INC. ,
a Delaware corporation (Lender)
TABLE OF CONTENTS
ARTICLE 1
DIP FACILITY
Section 1.1
Post-Petition Loans
ARTICLE 2
INTEREST, FEES AND CHARGES
Section 2.1
Interest
Section 2.
_____________
BMC SOFTWARE, INC. – corporation and a Chapter 11 debtor-in-possession (each individually a Borrower, and collectively, Borrowers); each of the Subsidiaries of Borrowers listed on the signature pages hereof (collectively, Guarantors) and BMC SOFTWARE, INC. , a Delaware corporation (Lender). Capitalized terms used in this Agreement have the meanings assigned to them in Appendix A, General Definitions.
R E C I T A L S:
_____________
BMC SOFTWARE, INC. – 858-481 -1751
REMEDY SOFTWARE IRELAND, LTD.
By:
/s/ Ken Sexton
Name:
Ken Sexton
Title:
Director
Address: 1585 Charleston Road
Mountain View, California 94043
Telecopier No: 650-903-5200
LENDER:
BMC SOFTWARE, INC. , a Delaware corporation
By:
/s/ Robert H. [ILLEGIBILE]
Name:
Robert H. [ILLEGIBILE]
Title:
Senior Vice President Land General Counsel
Address: 2101 City West Boulevard
Houston, Texas 77042-2827
Telecopier
_____________
dt 1467180
;
Peregrine
As referenced in this Debtor in Possession Credit Agreement:
PEREGRINE SYSTEMS, INC. –
EX-10.50 58 a2134573zex-10_50.htm EX-10.50
Exhibit 10.50
DEBTOR IN POSSESSION CREDIT AGREEMENT
dated as of
September 24, 2002
by and among
PEREGRINE SYSTEMS, INC. ,
a Delaware corporation and
a Chapter 11 Debtor-in-Possession, and
PEREGRINE REMEDY, INC., a Delaware corporation and
a Chapter 11 Debtor-in-Possession (collectively, Borrowers)
and
and the
_____________
PEREGRINE SYSTEMS, INC. – Senior Officer
Subsidiary
vii
Tax Refund
Taxes
Transferee
UCC
viii
DEBTOR IN POSSESSION CREDIT AGREEMENT
THIS DEBTOR IN POSSESSION CREDIT AGREEMENT dated as of September 24, 2002, by and among PEREGRINE SYSTEMS, INC. , a Delaware corporation and a Chapter 11 debtor-in-possession and PEREGRINE REMEDY, INC., a Delaware corporation and a Chapter 11 debtor-in-possession (each individually a Borrower, and
_____________
PEREGRINE SYSTEMS, INC. – is intentionally left blank. Signature pages follow.]
36
IN WITNESS WHEREOF, this Agreement has been duly executed on the day and year specified at the beginning of this Agreement.
BORROWERS:
PEREGRINE SYSTEMS, INC. , a Delaware corporation
By:
/s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
PEREGRINE REMEDY, INC., a Delaware corporation
By:
/s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
IN WITNESS
_____________
PEREGRINE SYSTEMS, INC. – s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
IN WITNESS WHEREOF, this Agreement has been duly executed on the day and year specified at the beginning of this Agreement.
BORROWERS:
PEREGRINE SYSTEMS, INC. , a Delaware corporation
By:
Name:
Title:
Address: 2611 Valley Centre Drive, Floor 5
San Diego, California 92130
Telecopier No: 858-481-1751
PEREGRINE REMEDY, INC., a Delaware corporation
By:
_____________
dt 1362853
;
|
Peregrine
As referenced in this Debtor in Possession Credit Agreement:
PEREGRINE SYSTEMS, INC. –
EX-10.50 58 a2134573zex-10_50.htm EX-10.50
Exhibit 10.50
DEBTOR IN POSSESSION CREDIT AGREEMENT
dated as of
September 24, 2002
by and among
PEREGRINE SYSTEMS, INC. ,
a Delaware corporation and
a Chapter 11 Debtor-in-Possession, and
PEREGRINE REMEDY, INC., a Delaware corporation and
a Chapter 11 Debtor-in-Possession (collectively, Borrowers)
and
and the
_____________
PEREGRINE SYSTEMS, INC. – Senior Officer
Subsidiary
vii
Tax Refund
Taxes
Transferee
UCC
viii
DEBTOR IN POSSESSION CREDIT AGREEMENT
THIS DEBTOR IN POSSESSION CREDIT AGREEMENT dated as of September 24, 2002, by and among PEREGRINE SYSTEMS, INC. , a Delaware corporation and a Chapter 11 debtor-in-possession and PEREGRINE REMEDY, INC., a Delaware corporation and a Chapter 11 debtor-in-possession (each individually a Borrower, and
_____________
PEREGRINE SYSTEMS, INC. – is intentionally left blank. Signature pages follow.]
36
IN WITNESS WHEREOF, this Agreement has been duly executed on the day and year specified at the beginning of this Agreement.
BORROWERS:
PEREGRINE SYSTEMS, INC. , a Delaware corporation
By:
/s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
PEREGRINE REMEDY, INC., a Delaware corporation
By:
/s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
IN WITNESS
_____________
PEREGRINE SYSTEMS, INC. – s/ Ken Sexton
Name:
Title:
Address:
Telecopier No:
IN WITNESS WHEREOF, this Agreement has been duly executed on the day and year specified at the beginning of this Agreement.
BORROWERS:
PEREGRINE SYSTEMS, INC. , a Delaware corporation
By:
Name:
Title:
Address: 2611 Valley Centre Drive, Floor 5
San Diego, California 92130
Telecopier No: 858-481-1751
PEREGRINE REMEDY, INC., a Delaware corporation
By:
_____________
dt 1362894
;
Peregrine Remedy, Inc.
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Debtor in Possession Credit Agreement
Debtor in Possession Credit Agreement (22K)
Doc #358786: Click preview link for longer preview.
LIMITED WAIVER AND FOURTH AMENDMENT TO
DEBTOR IN POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FOURTH AMENDMENT, dated as of September 30, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA, a national banking association in its capacity as . . .
358786
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British Airways
As referenced in this Debtor in Possession Credit Agreement:
British Airways PLC – by Borrower to Agent and (iii) the terms of the Additional DIP Credit Agreement, in each case solely as a result of: (A) the permanent transfer by the Borrower to British Airways PLC ("BA") of the four year round Primary Foreign Slots identified on Schedule I hereto (the "Transferred Slots") in two phases, the first transaction to be consummated on or about
_____________
British Airways PLC – 1
1
1
1
1
1
1
"Slot Coordinator" means the slot coordinator at London Heathrow Airport."
"Slot Transactions" means the transfer by the Borrower of the Exchanged Slots to British Airways PLC in two phases, the first transaction to be consummated on or about October 7, 2003 and the second transaction to be consummated on or about November 8, 2003 in exchange
_____________
British Airways PLC – on Exhibit A hereto.
4. Further Agreements.
(a) The Borrower and the Lenders also agree that (i) the Borrower is authorized to transfer the Transferred Slots to be transferred to British Airways PLC ("BA") pursuant to the Slot Transfers free and clear of the Liens created by the Loan Documents, (ii) upon the closing of each transfer of Transferred Slots transferred to
_____________
dt 742315
;
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, Inc – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FOURTH AMENDMENT, dated as of September 30, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc ., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA,
_____________
UNITED AIR LINES, INC – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC .
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President and
Chief Financial Officer
CREDIT PARTY:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic F.
_____________
dt 758675
;
|
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FOURTH AMENDMENT, dated as of September 30, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One,
_____________
UNITED AIR LINES, – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC.
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President and
Chief Financial Officer
CREDIT PARTY:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic
_____________
dt 740459
;
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, Inc – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FOURTH AMENDMENT, dated as of September 30, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc ., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA,
_____________
UNITED AIR LINES, INC – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC .
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President and
Chief Financial Officer
CREDIT PARTY:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic F.
_____________
dt 758675
;
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Debtor in Possession Credit Agreement
Debtor in Possession Credit Agreement (14K)
Doc #358787: Click preview link for longer preview.
LIMITED WAIVER AND FIFTH AMENDMENT TO
DEBTOR IN POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FIFTH AMENDMENT, dated as of October 10, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA, a national banking association in its capacity as Agent for the Lenders ("Agent"), and . . .
358787
|
Orbitz
As referenced in this Debtor in Possession Credit Agreement:
Orbitz, Inc – deleting the period at the end of clause (xiv) and (C) inserting the following new clauses at the end thereof:
"; (xv) following the distribution of ULS's ownership interests in Orbitz, Inc . and Orbitz, LLC (together, "Orbitz") to the Parent, the Parent may transfer such ownership interests in Orbitz to the Borrower through a capital contribution in connection with the sale
_____________
dt 733852
;
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, Inc – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FIFTH AMENDMENT, dated as of October 10, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc ., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA,
_____________
UNITED AIR LINES, INC – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC .
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President
and Chief Financial Officer
GUARANTOR:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
_____________
dt 758676
;
|
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FIFTH AMENDMENT, dated as of October 10, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One,
_____________
UNITED AIR LINES, – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC.
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President
and Chief Financial Officer
GUARANTOR:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic F.
_____________
dt 740461
;
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, Inc – POSSESSION CREDIT AGREEMENT
LIMITED WAIVER AND FIFTH AMENDMENT, dated as of October 10, 2003 (the "Amendment"), to the Debtor in Possession Credit Agreement, dated as of December 24, 2002, among United Air Lines, Inc ., a Delaware corporation as debtor and debtor in possession ("Borrower"), the Persons named in the Credit Agreement as Credit Parties as debtors and debtors in possession, Bank One, NA,
_____________
UNITED AIR LINES, INC – of Illinois.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and the year first written.
BORROWER:
UNITED AIR LINES, INC .
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President
and Chief Financial Officer
GUARANTOR:
UAL CORPORATION
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
_____________
dt 758676
;
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Debtor-IN-Possession Credit Agreement
Debtor-IN-Possession Credit Agreement (300K)
Doc #388679: Click preview link for longer preview.
DEBTOR-IN-POSSESSION
CREDIT AGREEMENT
DATED AS OF DECEMBER 15, 2004
AMONG
AMCAST INDUSTRIAL CORPORATION
A CHAPTER 11 DEBTOR AND DEBTOR-IN-POSSESSION, AS BORROWER,
AND
THE GUARANTORS PARTY HERETO
AND
HERITAGE BANK, SSB
AS AGENT
. . .
388679
|
 Citigroup Global
As referenced in this Debtor-IN-Possession Credit Agreement:
Citigroup Global Markets Inc – One Houston Center
1221 McKinney, Suite 2100
Houston, TX 77010
Attn.: Tom A. Howley
Facsimile: (713) 236-5407
E-mail: tom.howley@haynesboone.com
CITIGROUP FINANCIAL PRODUCTS, INC.
c/o Citigroup Global Markets Inc .
333 West 34th Street, 9th Floor
New York, New York 10001
Attn.: Vincent J. Farrell
Facsimile: (302) 894-6032
E-mail: vincent.j.farrell@citigroup.com@citigroup.com
STEEL
_____________
dt 1369214
;
Keybank
As referenced in this Debtor-IN-Possession Credit Agreement:
KeyBank
Na – Amendment, Waiver and Appointment of Successor Agent dated as of
November 30, 2004 by and among Amcast Industrial Corporation, as borrower under
the Prepetition Credit Agreement, the "Guarantors" named therein, KeyBank
Na tional Association, as resigning Agent, Heritage Bank, as successor Agent, and
the Prepetition Banks named therein.
"ANCILLARY SERVICES" means any service or facility (other than any
Debt) extended to any
_____________
dt 1367348
;
|
 Haynes and Boone
As referenced in this Debtor-IN-Possession Credit Agreement:
Haynes and Boone – expenses of Agent
and Highland (including, without limitation, the reasonable fees, costs and
expenses of counsel to, and independent appraisers and consultants retained by
Agent or Highland including, without limitation, Haynes and Boone , LLP, Hahn,
Loeser & Parks LLP, and Barrier Advisors, L.P. in connection with the
examination, review, due diligence investigation (including, without limitation,
environmental due diligence investigation), documentation, negotiation, closing
_____________
Haynes and Boone – Amcast Investment Services
Corporation, Amcast Aviation Corporation, Amcast Precision
Products, Inc., Flagg Brass Industrial, L.L.C., and AS
International, Inc.
("GUARANTORS")
Thompson Hine ("TH") (Counsel to Borrower and Guarantors)
Haynes and Boone , LLP ("HB") (Counsel to Heritage and Highland)
DIP Lenders ("LENDERS")
{TABLE}
{CAPTION}
RESPONSIBLE
ITEM PARTY STATUS COMMENTS
---- ----- ------ --------
{S} {C} {C} {C}
I. LOAN DOCUMENTS
A. Debtor-in-Possession Credit
_____________
Haynes and Boone – for benefit of Lenders) Borrower
C. Administration Fee Borrower
{/TABLE}
ANNEX B - Page 2
{PAGE}
{TABLE}
{CAPTION}
RESPONSIBLE
ITEM PARTY STATUS COMMENTS
---- ----- ------ --------
{S} {C} {C} {C}
D. Professional Fees
1. Haynes and Boone , LLP Borrower
2. Hahn, Loeser & Parks LLP Borrower
3. Barrier Advisors, L.P. Borrower
{/TABLE}
ANNEX B - Page 3
{PAGE}
ANNEX C
ADDRESSES FOR NOTICES
HERITAGE BANK, SSB
13455
_____________
HAYNES AND BOONE – FOR NOTICES
HERITAGE BANK, SSB
13455 Noel Road, Suite 2220
Dallas, Texas 75240
Attn: Kristen Mitchell
Facsimile: 972-931-4785
E-mail: kristen.mitchell@bankheritage.com
with a copy to:
HAYNES AND BOONE , LLP
One Houston Center
1221 McKinney, Suite 2100
Houston, TX 77010
Attn.: Tom A. Howley
Facsimile: (713) 236-5407
E-mail: tom.howley@haynesboone.com
CITIGROUP FINANCIAL PRODUCTS, INC.
_____________
dt 1415318
;
Thompson Hine
As referenced in this Debtor-IN-Possession Credit Agreement:
Thompson Hine – Lee Brass Company, Amcast Industrial
Financial Services, Inc., Amcast Investment Services
Corporation, Amcast Aviation Corporation, Amcast Precision
Products, Inc., Flagg Brass Industrial, L.L.C., and AS
International, Inc.
("GUARANTORS")
Thompson Hine ("TH") (Counsel to Borrower and Guarantors)
Haynes and Boone, LLP ("HB") (Counsel to Heritage and Highland)
DIP Lenders ("LENDERS")
{TABLE}
{CAPTION}
RESPONSIBLE
ITEM PARTY STATUS COMMENTS
---- ----- ------ --------
{S} {C} {C} {
_____________
THOMPSON HINE – THE CREDIT PARTIES FOR NOTICE PURPOSES:
7887 Washington Village Drive
Dayton, Ohio 45459
Attn: Jeffrey McWilliams
Facsimile: 937-291-7007
E-mail: jeffrey.mcwilliams@amcast.com
With a copy to:
THOMPSON HINE LLP
3900 Key Center - 127 Public Square
Cleveland, Ohio 44114-1291
Attn: Alan R. Lepene
Facsimile: (216) 566-5800
E-mail: alan.lepene@thompsonhine.com
ANNEX C - Page 2
{PAGE}
_____________
dt 1505038
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Debtor in Possession Credit Agreement
Debtor in Possession Credit Agreement (294K)
Doc #358851: Click preview link for longer preview.
Exhibit 4.7
DEBTOR IN POSSESSION
CREDIT AGREEMENT
This Debtor In Possession Credit Agreement, dated as of December 24, 2002 ("Closing Date"), is among United Air Lines, Inc., a Delaware corporation, as debtor and debtor in possession ("Borrower"), the parties . . .
358851
|
Citibank
As referenced in this Debtor in Possession Credit Agreement:
Citibank, N.A. – Indebtedness of any of the Borrower and the Credit Parties arising in the ordinary course of business and consistent with the past practices of the relevant party and owing to Citibank, N.A. and its banking Affiliates providing netting services with respect to intercompany Indebtedness permitted to be incurred and outstanding pursuant to this Agreement so long as such Indebtedness does not
_____________
dt 738242
;
Citicorp USA
As referenced in this Debtor in Possession Credit Agreement:
Citicorp USA Inc – Guaranty Agreement dated the date hereof, among Borrower, Parent, the Guarantors named therein, the Lenders party thereto, JPMorgan Chase Bank, as Co-Administrative Agent, Co-Collateral Agent and Paying Agent, Citicorp USA Inc ., as Co-Administrative Agent and Co-Collateral Agent, J.P. Morgan Securities Inc., as Joint Lead Arranger and Joint Bookrunner, Salomon Smith Barney Inc., as Joint Lead Arranger and
_____________
dt 731835
;
McGraw-Hill Companies
As referenced in this Debtor in Possession Credit Agreement:
McGraw-Hill Companies, Inc – of acquisition thereof and having, at such date of acquisition, a rating of at least "A-2" or the equivalent thereof from Standard & Poor's, a division of The McGraw-Hill Companies, Inc . or of at least "P-2" or the equivalent thereof from Moody's Investors Service, Inc.;
(c) investments in certificates of deposit, banker's acceptances and time deposits (including
_____________
McGraw-Hill Companies, Inc – of a bank holding company having a long-term unsecured debt rating of at least "A-2" or the equivalent thereof from Standard & Poor's, a division of The McGraw-Hill Companies, Inc . or at least "P-2" or the equivalent thereof from Moody's Investors Service, Inc.;
(d) investments in commercial paper maturing within six months from the date of acquisition
_____________
McGraw-Hill Companies, Inc – and surplus in excess of $250,000,000 and (B) commercial paper rated at least "A-2" or the equivalent thereof from Standard & Poor's, a division of The McGraw-Hill Companies, Inc . or of at least "P-2" or the equivalent thereof from Moody's Investors Service, Inc.;
(e) investments in repurchase obligations with a term of not more than seven
_____________
dt 742120
;
|
United Air Lines
As referenced in this Debtor in Possession Credit Agreement:
United Air Lines, Inc – 18/2002 1:48:30 PM">
Exhibit 4.7
DEBTOR IN POSSESSION
CREDIT AGREEMENT
This Debtor In Possession Credit Agreement, dated as of December 24, 2002 ("Closing Date"), is among United Air Lines, Inc ., a Delaware corporation, as debtor and debtor in possession ("Borrower"), the parties identified herein as the "Credit Parties", as debtors and debtors in possession, the Lenders (as defined below)
_____________
UNITED AIR LINES, INC – risks.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the Borrower, the other Credit Parties, the Lenders and the Agent have executed this Agreement as of the date first above written.
BORROWER:
UNITED AIR LINES, INC .,
By: /s/ Frederic F. Brace
Name: Frederic F. Brace
Title: Executive Vice President & CFO
LENDERS:
Commitments:
BANK ONE, NA, $300,000,000
Individually and as Agent
By: /s/
_____________
dt 758714
;
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Debtor-In-Possession Credit Agreement
Debtor-In-Possession Credit Agreement (341K)
Doc #247612: Click preview link for longer preview.
DEBTOR-IN-POSSESSION
CREDIT AGREEMENT
DATED AS OF AUGUST 7, 2002
AMONG
BUDGET GROUP, INC.,
AS BORROWER,
THE OTHER CREDIT PARTIES SIGNATORY HERETO,
AS GUARANTORS,
THE LENDERS SIGNATORY HERETO
FROM TIME TO TIME,
AS LENDERS,
AND
GENERAL ELECTRIC CAPITAL CORPORATION,
AS ADMINISTRATIVE AGENT AND LENDER
GECC CAPITAL MARKETS GROUP, INC.
AS LEAD ARRANGER
Any obligation on the part of GECC and its respective affiliates to make the
extensions of credit contemplated hereby is subject to the completion of its
business and legal due diligence and the execution of satisfactory definitive
documentation, and then only in accordance with the terms and conditions
thereof.
{PAGE}
This DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as
of August 7, 2002 among BUDGET GROUP, INC., a Delaware corporation ("Borrower"),
a debtor and a debtor-in-possession in a case pending under Chapter 11 of the
Bankruptcy Code; certain of the direct or indirect Domestic Subsidiaries of
Borrower signatory hereto (each a "Domestic Subsidiary Guarantor" and
collectively, the "Domestic Subsidiary Guarantors"), each of which is a debtor
and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy
Code (the Chapter 11 cases of Borrower and the Domestic Subsidiary Guarantors,
each, a "Case" and collectively, the "Cases"); certain of the direct and
indirect Foreign Subsidiaries of Borrower signatory hereto (each a "Foreign
Subsidiary Guarantor" and collectively, the "Foreign Subsidiary Guarantors" and
together with the Domestic Subsidiary Guarantors, each a "Guarantor" and
collectively, the "Guarantors"); GENERAL ELECTRIC CAPITAL CORPORATION, a
Delaware corporation (in its individual capacity, "GE Capital"), for itself, as
Lender, and as Agent for Lenders, and the other Lenders party hereto from time
to time.
RECITALS
A. On July 29, 2002 (the "Petition Date"), Borrower and the Domestic
Subsidiary Guarantors each filed a voluntary petition for relief under Chapter
11 of the Bankruptcy Code with the United States Bankruptcy Court for the
District of Delaware (the "Bankruptcy Court") commencing the Cases and have
continued in possession of their assets and in the management of their
businesses as debtors and debtors-in-possession pursuant to Sections 1107(a) and
1108 of the Bankruptcy Code.
B. Borrower has requested that Agent and Lenders provide a senior
secured superpriority revolving loan and letter of credit facility of up to
$100,000,000, all of Borrower's obligations under which are to be guaranteed by
the Guarantors. Borrower intends to utilize such facility to fund its working
capital requirements (and the working capital requirements of the Guarantors)
during the pendency of the Cases and to provide credit enhancement for the New
Fleet Financing.
C. Agent and Lenders are willing to make such postpetition loans and
other extensions of credit to Borrower upon the terms and conditions set forth
herein.
D. Capitalized terms used in this Agreement shall have the meanings
ascribed to them in Annex A and, for purposes of this Agreement and the other
Loan Documents, the rules of construction set forth in Annex A shall govern. All
exhibits, schedules, annexes and other attachments (collectively, "Appendices")
hereto, or expressly identified in this Agreement, are incorporated herein by
reference and, taken together with this Agreement, shall constitute a single
agreement. These Recitals shall be construed as part of the Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants hereinafter contained, and for other good and valuable consideration,
the parties hereto agree as follows:
{PAGE}
1. AMOUNT AND TERMS OF CREDIT
1.1 Credit Facilities.
(a) Revolving Credit Facility.
(i) Subject to the terms and conditions hereof and of the
Orders, each Revolving Lender agrees to make available to Borrower from time to
time until the Commitment Termination Date its Pro Rata Share of advances (each,
a "Revolving Credit Advance"). The Pro Rata Share of the Revolving Loan of any
Revolving Lender shall not at any time exceed its separate Revolving Loan
Commitment. The obligations of each Revolving Lender hereunder shall be several
and not joint. Until the Commitment Termination Date, Borrower may from time to
time borrow, repay and reborrow under this Section 1.1(a); provided that the
amount of any Revolving Credit Advance to be made at any time shall not exceed
Borrowing Availability at such time; provided further that the Revolving Credit
Advances under the Interim Facility shall not exceed the amount set forth in the
Interim Order. Borrowing Availability may be reduced by Reserves imposed by
Agent in its reasonable credit judgment. Each Revolving Credit Advance shall (A)
with respect to Index Rate Loans, be in an aggregate principal amount not less
than $1,000,000 and with respect to LIBOR Loans, be in an aggregate principal
amount not less than $1,000,000 and multiples of $250,000 in excess thereof and
(B) be made on notice by Borrower to one of the representatives of Agent
identified in Schedule 1.1 at the address specified therein. Any such notice
must be given no later than (A) 11:00 a.m. (New York time) on the Business Day
of the proposed Revolving Credit Advance, in the case of an Index Rate Loan, or
(B) 11:00 a.m. (New York time) on the date which is three (3) Business Days
prior to the proposed Revolving Credit Advance, in the case of a LIBOR Loan.
Each such notice (a "Notice of Revolving Credit Advance") must be given in
writing (by telecopy or overnight courier) substantially in the form of Exhibit
1.1(a)(i), and shall include the information required in such Exhibit and such
other information as may be required by Agent. If Borrower desires to have the
Revolving Credit Advances bear interest by reference to a LIBOR Rate, Borrower
must comply with Section 1.5(e).
(ii) Except as provided in Section 1.12, Borrower shall
execute and deliver to each Revolving Lender a promissory note to evidence the
Revolving Loan Commitment of that Revolving Lender. Each promissory note shall
be in the principal amount of the Revolving Loan Commitment of the applicable
Revolving Lender, dated the Closing Date and substantially in the form of
Exhibit 1.1(a)(ii) (each a "Revolving Note" and, collectively, the "Revolving
Notes"). Each Revolving Note shall represent the obligation of Borrower to pay
the amount of the applicable Revolving Lender's Revolving Loan Commitment or, if
less, such Revolving Lender's Pro Rata Share of the aggregate unpaid principal
amount of all Revolving Credit Advances made to Borrower together with interest
thereon as prescribed in Section 1.5. The entire unpaid balance of the aggregate
Revolving Loan and all other non-contingent Obligations shall be immediately due
and payable in full in immediately available funds on the Commitment Termination
Date.
(iii) Anything in this Agreement to the contrary
notwithstanding, at the request of Borrower, in its discretion, Agent may (but
shall have absolutely no obligation to) make Revolving Credit Advances to
Borrower on behalf of Revolving Lenders in amounts that
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Budget Group
As referenced in this Debtor-In-Possession Credit Agreement:
BUDGET GROUP, – 8
EXECUTION COPY
DEBTOR-IN-POSSESSION
CREDIT AGREEMENT
DATED AS OF AUGUST 7, 2002
AMONG
BUDGET GROUP, INC.,
AS BORROWER,
THE OTHER CREDIT PARTIES SIGNATORY HERETO,
AS GUARANTORS,
THE LENDERS SIGNATORY
_____________
BUDGET GROUP, – This DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as
of August 7, 2002 among BUDGET GROUP, INC., a Delaware corporation ("Borrower"),
a debtor and a debtor-in-possession in a
_____________
BUDGET GROUP, – WITNESS WHEREOF, this Agreement has been duly executed as of the date first
written above.
BUDGET GROUP, INC.,
as Borrower
By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
GENERAL ELECTRIC CAPITAL
CORPORATION,
as Agent and Lender
_____________
dt 74329
;
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| Preview
Subscribers | 2002 |
Debtor-In-Possession Credit Agreement
Debtor-In-Possession Credit Agreement (546K)
Doc #251219: Click preview link for longer preview.
--------------------------------------------------------------------------------
SENIOR SECURED SUPERPRIORITY
DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Dated as of September 26, 2002
and as Amended and Restated as of October 18, 2002
among
US AIRWAYS GROUP, INC.,
a Debtor and Debtor-in-Possession
under Chapter 11 of the Bankruptcy Code,
as the Borrower,
CERTAIN OF THE SUBSIDIARIES OF
US AIRWAYS GROUP, INC. PARTY HERETO,
as Guarantors,
RETIREMENT SYSTEMS OF ALABAMA HOLDINGS LLC,
as Administrative Agent, Syndication Agent and Collateral Agent
and
RETIREMENT SYSTEMS OF ALABAMA HOLDINGS LLC
and the other lenders from time to time party hereto,
as Lenders
--------------------------------------------------------------------------------
SENIOR SECURED SUPERPRIORITY
DEBTOR-IN-POSSESSION CREDIT AGREEMENT
This SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT
AGREEMENT ("Agreement") is entered into as of September 26, 2002 and is
amended and restated as of October 18, 2002, among US AIRWAYS GROUP, INC., a
Delaware corporation and a debtor and debtor-in-possession in a case pending
under Chapter 11 of the Bankruptcy Code (as hereinafter defined) (the
"Borrower"), each of the Subsidiaries (as hereinafter defined) of the Borrower
from time to time party hereto, RETIREMENT SYSTEMS OF ALABAMA HOLDINGS LLC and
the other lenders from time to time party hereto (collectively, the "Lenders"
and individually, a "Lender"), and RETIREMENT SYSTEMS OF ALABAMA HOLDINGS LLC,
as Administrative Agent, Syndication Agent and Collateral Agent.
PRELIMINARY STATEMENTS
1. On August 11, 2002 (the "Petition Date"), the Borrower and each of
the Guarantors (as hereinafter defined) in existence on the Petition Date
filed voluntary petitions in the United States Bankruptcy Court for the
Eastern District of Virginia (such court, together with any other court having
jurisdiction over the Cases from time to time, the "Bankruptcy Court") for
relief, and commenced cases (the "Cases"), under Chapter 11 of 11 U.S.C.
ss.ss. 101 et seq. (as heretofore and hereafter amended, the "Bankruptcy
Code") and have continued in the possession of their assets and in the
management of their businesses pursuant to Sections 1107 and 1108 of the
Bankruptcy Code.
2. The Borrower has requested that the Lenders enter into revolving
credit, term and letter of credit facilities in an aggregate principal amount
not to exceed $500,000,000, all of the Borrower's obligations under which are
to be jointly and severally guaranteed by the Guarantors.
3. To provide guarantees and security for the repayment of the Loans
(as hereinafter defined), the reimbursement of any drawing under a Letter of
Credit (as hereinafter defined) and the payment of the other Obligations (as
hereinafter defined) of the Borrower and the Guarantors hereunder and under
the other Loan Documents (as hereinafter defined), the Borrower and the
Guarantors will provide to the Administrative Agent, the Collateral Agent and
the Lenders the following, each as more fully described herein:
A. a joint and several guaranty from the Guarantors of the due and
punctual payment and performance of the Obligations of the Borrower
hereunder;
B. subject to the Carve-Out (as hereinafter defined), an allowed
administrative expense claim pursuant to Section 364(c)(1) of the
Bankruptcy Code in each of the Cases having priority over all
administrative expenses of the kind specified in, or arising under, any
Sections of the Bankruptcy Code (including, without limitation, Sections
105, 326, 328, 330, 331, 503(b), 507, 546(c) or 726 thereof) whether or
not such claims or expenses may become secured by a judgment lien or
other non-consensual lien, levy or attachment;
C. subject to the Carve-Out and Permitted Senior Liens, first
priority Liens (as hereinafter defined) granted to the Collateral Agent
on behalf of the Administrative Agent, the Collateral Agent and the
Lenders pursuant to Section 364(c)(2) of the Bankruptcy Code on all real,
personal and mixed property of the Borrower and the Guarantors other than
Excluded Assets (as hereinafter defined) that is not subject to valid and
perfected Liens on the Petition Date or to valid Liens in existence on
the Petition Date that subsequently are perfected pursuant to Section
546(b) of the Bankruptcy Code; and
D. subject to the Carve-Out and Permitted Senior Liens, pursuant to
Section 364(c)(3) of the Bankruptcy Code, best priority Liens granted to
the Collateral Agent on behalf of the Administrative Agent, the
Collateral Agent and the Lenders on all real, personal and mixed property
of the Borrower and the Guarantors (other than Excluded Assets and
Section 1110 Assets) that is subject to valid and perfected Liens in
existence on the Petition Date of the Cases or to valid Liens in
existence on the Petition Date that subsequently are perfected pursuant
to Section 546(b) of the Bankruptcy Code, subject only to such existing
or subsequently perfected Liens.
4. On August 12, 2002, the Bankruptcy Court entered the Existing
Interim Order (as hereinafter defined), pursuant to which the Borrower was
authorized to borrow up to $75,000,000 and pay all fees and expenses payable
to or on behalf of Credit Suisse First Boston, Cayman Islands Branch, as
Administrative Agent under the Existing DIP Credit Agreement and Bank of
America, N.A., as Collateral Agent under the Existing DIP Credit Agreement,
pending entry of a final order by the Bankruptcy Court.
5. On August 14, 2002, in accordance with the terms and conditions of
the Existing Interim Order, the Existing Lenders advanced $75,000,000 to the
Borrower.
6. The Existing DIP Credit Agreement was terminated (except with
respect to contingent indemnification obligations) and replaced in its
entirety by this Agreement.
7. The parties hereto (other than Retirement Systems of Alabama
Holdings LLC) are each party to a Senior Secured Superpriority
Debtor-in-Possession Credit Agreement, dated as of September 26, 2002 (the
"Original Credit Agreement"), among the Borrower, the Lenders, the
Administrative Agent, the Collateral Agent and the Syndication Agent.
8. On the Effective Date (as defined below), The Retirement Systems
of Alabama will assign to Retirement Systems of Alabama Holdings LLC, and
Retirement Systems of Alabama Holdings LLC will assume from The Retirement
Systems of Alabama, all right, title and interest of The Retirement Systems of
Alabama in and to the Commitments, Loans and Notes issued (if any) under the
Original Credit Agreement and all of the rights and obligations of The
Retirement Systems of Alabama as Administrative Agent, Syndication Agent,
251219
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McGraw-Hill Companies
As referenced in this Debtor-In-Possession Credit Agreement:
McGraw-Hill Companies, Inc – of the RSA Outstanding Amount shall not exceed
$100,000,000.
"S&P" means Standard & Poor's Ratings Services, a division of The
McGraw-Hill Companies, Inc . and any successor thereto.
"SEC" means the Securities and Exchange Commission, or any
Governmental Authority succeeding to any of its principal functions.
"
_____________
dt 311565
;
United Air Lines
As referenced in this Debtor-In-Possession Credit Agreement:
United
Air Lines, – The
minimum statutory and regulatory objection/review (as applicable) periods, if
any, shall have expired with respect to the Borrower's alliance with United
Air Lines, Inc. and neither the DOT nor any other applicable Governmental
Authority or third party has filed any objection, which is material in
_____________
dt 92164
;
United Air Lines
As referenced in this Debtor-In-Possession Credit Agreement:
United
Air Lines, – The
minimum statutory and regulatory objection/review (as applicable) periods, if
any, shall have expired with respect to the Borrower's alliance with United
Air Lines, Inc. and neither the DOT nor any other applicable Governmental
Authority or third party has filed any objection, which is material in
_____________
dt 92206
;
|
United Air Lines
As referenced in this Debtor-In-Possession Credit Agreement:
United
Air Lines, – The
minimum statutory and regulatory objection/review (as applicable) periods, if
any, shall have expired with respect to the Borrower's alliance with United
Air Lines, Inc. and neither the DOT nor any other applicable Governmental
Authority or third party has filed any objection, which is material in
_____________
dt 92164
;
United Air Lines
As referenced in this Debtor-In-Possession Credit Agreement:
United
Air Lines, – The
minimum statutory and regulatory objection/review (as applicable) periods, if
any, shall have expired with respect to the Borrower's alliance with United
Air Lines, Inc. and neither the DOT nor any other applicable Governmental
Authority or third party has filed any objection, which is material in
_____________
dt 92206
;
More... |
| Preview
Subscribers | 2001 |
Debtor in Possession Credit Agreement
Debtor in Possession Credit Agreement (383K)
Doc #355428: Click preview link for longer preview.
U.S. $290,000,000
DEBTOR IN POSSESSION CREDIT AGREEMENT
Dated as of November 17, 2000
Among
WHEELING-PITTSBURGH CORPORATION
WHEELING-PITTSBURGH STEEL CORPORATION
W-P STEEL VENTURE CORPORATION
CONSUMERS MINING COMPANY
W-P COAL COMPANY
MINGO OXYGEN COMPANY
MONESSEN . . .
355428
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Citibank
As referenced in this Debtor in Possession Credit Agreement:
CITIBANK, N.A. – CONSUMERS MINING COMPANY
W-P COAL COMPANY
MINGO OXYGEN COMPANY
MONESSEN SOUTHWESTERN RAILWAY COMPANY
WHEELING EMPIRE COMPANY
PITTSBURGH-CANFIELD CORPORATION
as Borrowers
and
THE LENDERS PARTY HERETO
as Lenders
and
CITIBANK, N.A.
as Initial Issuing Bank
and
CITICORP USA, INC.
as Agent
TABLE OF CONTENTS
Section Page
----
ARTICLE I
DEFINITIONS AND ACCOUNTING TERMS
1.1. Defined Terms.........................................................2
1.2. Computation
_____________
Citibank, N.A. – Bankruptcy Code 11 U.S.C. Section
101 et seq., the "Bankruptcy Code") the financial institutions listed on the
signature pages hereof (each individually a "Lender" and collectively the
"Lenders"), Citibank, N.A. ("Citibank"), as issuer of letters of credit (the
"Initial Issuing Bank"), and Citicorp USA, Inc. ("Citicorp"), as agent hereunder
for the Lenders (in such capacity, together with any successor
_____________
Citibank, N.A. – of its Subsidiaries maintains, contributes to
or has an obligation to contribute to on behalf of participants who are or were
employed by any of them.
"Pre-Petition Agent" means Citibank, N.A. in its capacity as
administrative agent and collateral agent for the Pre-Petition Lenders under the
Pre-Petition Credit Agreement.
"Pre-Petition Cash Management Program" means the cash management
_____________
CITIBANK, N.A. – By:_______________________________
Name:
Title:
NATIONAL CITY COMMERCIAL
FINANCE
By:_______________________________
Name:
Title:
FOOTHILL CAPITAL CORPORATION
By:_______________________________
Name:
Title:
HELLER FINANCIAL, INC.
By:_______________________________
Name:
Title:
ISSUER (AND NOT LENDER)
CITIBANK, N.A.
By:_____________________________
Name:
Title:
SCHEDULE I
LIST OF ISSUERS
Name of Issuer
--------------
Citibank, N.A.
SCHEDULE II
COMMITMENTS
Name of Lender Revolving Credit Commitment Term Commitment
-------------- --------------------------- ---------------
Citicorp USA, Inc. $
_____________
Citibank, N.A. – By:_______________________________
Name:
Title:
HELLER FINANCIAL, INC.
By:_______________________________
Name:
Title:
ISSUER (AND NOT LENDER)
CITIBANK, N.A.
By:_____________________________
Name:
Title:
SCHEDULE I
LIST OF ISSUERS
Name of Issuer
--------------
Citibank, N.A.
SCHEDULE II
COMMITMENTS
Name of Lender Revolving Credit Commitment Term Commitment
-------------- --------------------------- ---------------
Citicorp USA, Inc. $65,000,000.00 $35,000,000.00
The CIT Group/Business Credit, Inc. $50,
_____________
dt 738039
;
Citicorp USA
As referenced in this Debtor in Possession Credit Agreement:
CITICORP USA, INC – OXYGEN COMPANY
MONESSEN SOUTHWESTERN RAILWAY COMPANY
WHEELING EMPIRE COMPANY
PITTSBURGH-CANFIELD CORPORATION
as Borrowers
and
THE LENDERS PARTY HERETO
as Lenders
and
CITIBANK, N.A.
as Initial Issuing Bank
and
CITICORP USA, INC .
as Agent
TABLE OF CONTENTS
Section Page
----
ARTICLE I
DEFINITIONS AND ACCOUNTING TERMS
1.1. Defined Terms.........................................................2
1.2. Computation of Time Periods..........................................26
1.3. Accounting Terms.....................................................
_____________
Citicorp USA, Inc – institutions listed on the
signature pages hereof (each individually a "Lender" and collectively the
"Lenders"), Citibank, N.A. ("Citibank"), as issuer of letters of credit (the
"Initial Issuing Bank"), and Citicorp USA, Inc . ("Citicorp"), as agent hereunder
for the Lenders (in such capacity, together with any successor appointed
pursuant to Article IX, the "Agent").
PRELIMINARY STATEMENTS:
1. On November 16, 2000 (the "
_____________
Citicorp USA, Inc – as of [March 31, 1999]).
"WPC Term Loan Agreement" means the Term Loan Agreement dated as of
November 26, 1997 among WPC, various financial institutions, DLJ Capital
Funding, Inc. and Citicorp USA, Inc ., as amended by Amendment No. 1 dated as of
December 31, 1997 and as the same may be further amended, supplemented or
otherwise modified from time to time.
1.
_____________
CITICORP USA, INC – MINGO OXYGEN COMPANY
By:_______________________________
Name:
Title:
MONESSEN SOUTHWESTERN
RAILWAY COMPANY
By:_______________________________
Name:
Title:
WHEELING-EMPIRE COMPANY
By:_______________________________
Name:
Title:
PITTSBURGH-CANFIELD
CORPORATION
By:_______________________________
Name:
Title:
AGENT
CITICORP USA, INC ., as Agent
By:_______________________________
Name:
Title:
LENDERS
CITICORP USA, INC.
By:_______________________________
Name:
Title:
THE CIT GROUP/BUSINESS CREDIT, INC.
By:_______________________________
Name:
Title:
NATIONAL CITY COMMERCIAL
FINANCE
By:
_____________
CITICORP USA, INC – COMPANY
By:_______________________________
Name:
Title:
WHEELING-EMPIRE COMPANY
By:_______________________________
Name:
Title:
PITTSBURGH-CANFIELD
CORPORATION
By:_______________________________
Name:
Title:
AGENT
CITICORP USA, INC., as Agent
By:_______________________________
Name:
Title:
LENDERS
CITICORP USA, INC .
By:_______________________________
Name:
Title:
THE CIT GROUP/BUSINESS CREDIT, INC.
By:_______________________________
Name:
Title:
NATIONAL CITY COMMERCIAL
FINANCE
By:_______________________________
Name:
Title:
FOOTHILL CAPITAL CORPORATION
By:_______________________________
Name:
Title:
_____________
dt 731783
;
WHX
As referenced in this Debtor in Possession Credit Agreement:
WHX Corp. – beneficiaries).
"Wheeling-Nisshin" means Wheeling-Nisshin, Inc., a Delaware
corporation, all the outstanding Stock and Stock Equivalents of which are owned
by WPC and Nisshin Steel Co., Ltd.
"WHX" means WHX Corp. , a Delaware corporation and the corporate
parent of WPC.
"Withdrawal Liability" means, as to the Borrowers, at any time, the
aggregate amount of the liabilities of the Borrowers, the
_____________
dt 1532920
;
|
USWA
As referenced in this Debtor in Possession Credit Agreement:
United Steelworkers of America, – of First Refusal" shall mean the right of first refusal
granted by WPC and WPSC pursuant to an agreement, dated as of August 12, 1997,
between WPC, WPSC and the United Steelworkers of America, AFL-CIO-CLC and any
agreements ancillary thereto or amendments, renewals or modifications thereof.
"Welfare Benefit Plan" means an employee welfare benefit plan, as
defined in Section 3(1)
_____________
dt 746661
</ |