AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • October 19th, 2012 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of October 16, 2012, among NEXEO SOLUTIONS, LLC, a Delaware limited liability company (the “Borrower”), NEXEO SOLUTIONS HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), NEXEO SOLUTIONS SUB HOLDING CORP. (“Sub Holdco”), a Delaware corporation, BANK OF AMERICA, N.A., as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
TAX RECEIVABLE AGREEMENT by and among WL ROSS HOLDING CORP., CERTAIN OTHER PERSONS NAMED HEREIN, and AGENTTax Receivable Agreement • March 23rd, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This TAX RECEIVABLE AGREEMENT (this “Agreement”), dated as of [·], is hereby entered into by and among WL Ross Holding Corp., a Delaware corporation (the “Parent Corporation”), [TPG Unblocked Partnership], a Delaware limited partnership (“TPG Unblocked Partnership”), [TPG FOF Partnership], a Delaware limited partnership (“TPG FOF Partnership”), Nexeo Holdco, LLC, a Delaware limited liability company (“New Holdco”), TPG VI AIV SLP SD, LP, a Delaware limited partnership (“TPG GP”), TPG VI DE BDH, LP, a Delaware limited partnership (“TPG Blocker Owner”) and the Agent.
SERIES B UNIT AGREEMENTSeries B Unit Agreement • December 7th, 2015 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This SERIES B UNIT AGREEMENT (this “Agreement”) is executed and agreed to as of December 1, 2015 (the “Effective Date”), between Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”) and David A. Bradley (the “Employee”).
SERIES A UNIT SUBSCRIPTION AGREEMENTSeries a Unit Subscription Agreement • December 16th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
THIS SUBSCRIPTION AGREEMENT, effective December 17, 2012 (this “Agreement”), is made and entered into by and between the undersigned (“Subscriber”) and Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”).
SHAREHOLDERS’ AND REGISTRATION RIGHTS AGREEMENTShareholders’ and Registration Rights Agreement • March 23rd, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
THIS SHAREHOLDERS’ AND REGISTRATION RIGHTS AGREEMENT (as it may be amended from time to time in accordance with the terms hereof, the “Agreement”), dated as of March 21, 2016, is made by and among TPG and WLRS (each as defined herein) (collectively, the “Sponsors”) and WL Ross Holding Corp., a Delaware corporation (the “Company”).
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • May 8th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
This CREDIT AGREEMENT, dated as of March 31, 2011 (this “Agreement”), is made by and among NEXEO SOLUTIONS, LLC, a Delaware limited liability company (the “Company”), each domestic subsidiary of the Company from time to time party hereto as a U.S. Borrower (each a “U.S. Borrower” and together with the Company, the “U.S. Borrowers”), NEXEO SOLUTIONS CANADA CORP., a Canadian corporation (the “Canadian Borrower” and together with the U.S. Borrowers, collectively the “Borrowers”, and individually, each a “Borrower”), NEXEO SOLUTIONS HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), NEXEO SOLUTIONS SUB HOLDING CORP. (“Sub Holdco”), a Delaware corporation, the Lenders and BANK OF AMERICA, N.A., as administrative agent for the Lenders hereunder and as collateral agent for the Secured Parties (in such capacities, together with its successors in such capacities, the “Agent”), and GENERAL ELECTRIC CAPITAL CORPORATION, as co-collateral agent (in such capacity, together with its su
JOINDER AGREEMENTJoinder Agreement • May 15th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
THIS JOINDER AGREEMENT (this “Agreement”), dated as of April 4, 2014, is entered into between Archway Sales, LLC, a Delaware limited liability company (the “New Subsidiary”) and BANK OF AMERICA, N.A., as Agent (as defined below) under that certain Credit Agreement dated as of March 31, 2011, among Nexeo Solutions, LLC, a Delaware limited liability company (the “Company”), each domestic subsidiary of the Company from time to time party thereto, Nexeo Solutions Canada Corp., a British Columbia corporation, Nexeo Solutions Holdings, LLC, a Delaware limited liability company (“Holdings”), Nexeo Solutions Sub Holding Corp., a Delaware corporation (“Sub Holdco”), the Lenders parties thereto, and Bank of America, N.A., as administrative agent and collateral agent for the Lenders thereunder (the “Agent”) (as amended, restated, extended, supplemented or otherwise modified from time to time, the “Credit Agreement”). All capitalized terms used herein and not otherwise defined shall have the meani
AMENDMENT TO VEHICLE OPERATING AND SERVICE AGREEMENTVehicle Operating and Service Agreement • August 13th, 2015 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
THIS AMENDMENT dated May 22, 2015 is by and between Ryder Truck Rental, Inc. (“Ryder”) and Nexeo Solutions, LLC (“Customer”) to amend the Vehicle Operating and Service Agreement between Ryder and Customer dated May 22, 2015 (the “Agreement”).
SEPARATION AGREEMENT AND RELEASE OF CLAIMSSeparation Agreement and Release of Claims • May 13th, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Texas
This Separation Agreement and Release of Claims (“Agreement”) is made and entered into between Nexeo Solutions, LLC (“Company”), Nexeo Solutions Holdings, LLC (“Holdings”), and Henry E. Harrell (“Employee”). Capitalized terms used in this Agreement but not otherwise defined will have the meanings given to them in the Series B Unit Agreements between Holdings, the Company, and Employee, dated September 17, 2012, and May 19, 2014.
AGREEMENT AND PLAN OF MERGER among WL ROSS HOLDING CORP., NEON HOLDING COMPANY LLC, NEON ACQUISITION COMPANY LLC, NEXEO SOLUTIONS HOLDINGS, LLC, TPG ACCOLADE DELAWARE, L.P. and NEXEO HOLDCO, LLC Dated as of March 21, 2016Agreement and Plan of Merger • March 23rd, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
This AGREEMENT AND PLAN OF MERGER, dated as of March 21, 2016 (this “Agreement”), is made by and among WL Ross Holding Corp., a Delaware corporation (“Parent”), Neon Acquisition Company LLC, a Delaware limited liability company and a wholly-owned subsidiary of Parent (“Blocker Merger Sub”), Neon Holding Company LLC, a Delaware limited liability company and a wholly-owned subsidiary of Blocker Merger Sub (“Company Merger Sub”), Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”), TPG Accolade Delaware, L.P., a Delaware limited partnership (“Blocker”) and Nexeo Holdco, LLC, a Delaware limited liability company and a wholly-owned subsidiary of the Company (“New Holdco”).
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • June 8th, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This AMENDMENT NO. 1 (this “Amendment”), dated as of June 6, 2016, to the Agreement and Plan of Merger, dated as of March 21, 2016 (the “Agreement”), is made by and among WL Ross Holding Corp., a Delaware corporation (“Parent”), Neon Acquisition Company LLC, a Delaware limited liability company and a wholly-owned subsidiary of Parent (“Blocker Merger Sub”), Neon Holding Company LLC, a Delaware limited liability company and a wholly-owned subsidiary of Blocker Merger Sub, Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”), TPG Accolade Delaware, L.P., a Delaware limited partnership (“Blocker”), and Nexeo Holdco, LLC, a Delaware limited liability company and a wholly-owned subsidiary of the Company (“New Holdco”).
FOURTH AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NEXEO SOLUTIONS HOLDINGS, LLC a Delaware limited liability companyLimited Liability Company Agreement • August 8th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This Fourth Amendment to Amended and Restated Limited Liability Company Agreement of Nexeo Solutions Holdings, LLC (the “Amendment”) is executed as of August 5, 2013 by Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”) and is effective as of January 1, 2013.
GUARANTY SUPPLEMENTGuaranty Supplement • May 15th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
SUPPLEMENT, dated as of April 4, 2014 (this “Supplement”), to the Guaranty, dated as of March 31, 2011, among NEXEO SOLUTIONS HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), NEXEO SOLUTIONS SUB HOLDING CORP., a Delaware corporation (“Sub Holdco”), the other Guarantors party thereto from time to time and BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent for the Secured Parties (as amended, restated, amended and restated, supplemented and/or otherwise modified from time to time, the “Guaranty”).
PARTIAL RELEASE OF TRADEMARK SECURITY AGREEMENTPartial Release of Trademark Security Agreement • May 15th, 2015 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
THIS PARTIAL RELEASE OF TRADEMARK SECURITY AGREEMENT (this “Release”) is made as of January 30, 2015 (the “Effective Date”) by BANK OF AMERICA, N.A., as the administrative agent and collateral agent (in such capacities, the “Agent”), on behalf of itself and the other Secured Parties for the benefit of CHEMICAL SPECIALISTS AND DEVELOPMENT, LLC and STARTEX CHEMICAL, LLC (each, individually, a “Grantor”).
STOCK PURCHASE AGREEMENT by and among Nexeo Solutions Sub Holding Corp., As Buyer The Shareholders of Chemical Specialists and Development, Inc., As Sellers and Chemical Specialists and Development, Inc. dated as of October 4, 2013Asset Purchase Agreement • December 5th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Texas
This Stock Purchase Agreement (this “Agreement”) is entered into as of October 4, 2013, by and among (a) Nexeo Solutions Sub Holding Corp., a Delaware corporation (“Buyer”), (b) Chemical Specialists and Development, Inc., a Texas corporation (the “Company”), and (c) the Persons listed as sellers on the signature page hereof (each a “Seller” and collectively, the “Sellers”). Buyer, the Company, and the Sellers are each referred to individually as a “Party” and are collectively referred to as the “Parties.” This Agreement has also been signed by Stephen R. Cooke, in his capacity as the Sellers’ representative (the “Seller Representative”), to indicate his acceptance of the responsibilities of the Seller Representative as set forth herein.
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • August 8th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
AMENDMENT NO. 3 TO CREDIT AGREEMENT, dated as of August 5, 2013 (this “Amendment”), among NEXEO SOLUTIONS, LLC, a Delaware limited liability company (the “Company”), NEXEO SOLUTIONS CANADA CORP., a British Columbia corporation (the “Canadian Borrower”), NEXEO SOLUTIONS HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), NEXEO SOLUTIONS SUB HOLDING CORP., a Delaware corporation (“Sub Holdco”, and together with Holdings, collectively, the “U.S. Acquisition Sub-Facility Borrowers” and each, individually, a “U.S. Acquisition Sub-Facility Borrower”; the U.S. Acquisition Sub-Facility Borrowers, collectively with the Company and the Canadian Borrower, the “Borrowers” and each, individually, a “Borrower”), BANK OF AMERICA, N.A., as administrative agent and as collateral agent (in such capacities, the “Agent”), and the Lenders (as defined below) party hereto.
JOINDER AGREEMENTJoinder Agreement • December 16th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
THIS JOINDER AGREEMENT (this “Agreement”), dated as of December 4, 2013, is entered into between CHEMICAL SPECIALISTS AND DEVELOPMENT, LLC, a Delaware limited liability company (“Chemical Specialists”), STARTEX CHEMICAL, LLC, a Delaware limited liability company (“Startex”), and STARTEX DISTRIBUTION WEST, LLC, a Delaware limited liability company (“Startex West”, and, together with Chemical Specialists and Startex, the “New Subsidiaries”), and BANK OF AMERICA, N.A., as Agent, under that certain Credit Agreement dated as of March 9, 2011 (as amended, restated, extended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among NEXEO SOLUTIONS, LLC, a Delaware limited liability company (the “Borrower”), NEXEO SOLUTIONS HOLDINGS LLC, a Delaware limited liability company (“Holdings”), NEXEO SOLUTIONS SUB HOLDING CORP., a Delaware corporation (“Sub Holdco”), certain Subsidiaries of the Borrower party thereto from time to time (each a “Subsidiary Grantor”), the Len
FORM OF SERIES B UNIT AGREEMENTForm of Series B Unit Agreement • November 19th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This SERIES B UNIT AGREEMENT (this “Agreement”) is executed and agreed to as of (the “Effective Date”), between Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”) and (the “Employee”).
SECOND SUPPLEMENTAL INDENTUREIndenture • August 8th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of August 7, 2013 (this “Second Supplemental Indenture”), by and among Nexeo Solutions, LLC, a Delaware limited liability company (the “Issuer”), Nexeo Solutions Finance Corporation, a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”), the Guarantors listed on the signature pages hereto (the “Guarantors”), and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”) under the Indenture referred to below.
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • May 15th, 2015 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
Trademark Security Agreement, dated as of January 30, 2015, by NEXEO SOLUTIONS, LLC, a Delaware limited liability company (“Grantor”), in favor of BANK OF AMERICA, N.A., in its capacity as collateral agent pursuant to the Security Agreement referred to below (in such capacity, the “Collateral Agent”).
GRANTOR INTERCREDITOR AGREEMENT JOINDER April 4, 2014Grantor Intercreditor Agreement • May 15th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
The undersigned, Archway Sales, LLC, a Delaware limited liability company, hereby agrees to become party as a Grantor under the ABL Intercreditor Agreement, dated as of March 31, 2011, among Bank of America, N.A., as ABL Agent for the ABL Secured Parties referred to therein; Bank of America, N.A., as Term Loan Agent for the Term Loan Secured Parties referred to therein; Nexeo Solutions, LLC, Nexeo Solutions Holdings, LLC and Nexeo Solutions Sub Holding Corp. (the “ABL Intercreditor Agreement”) for all purposes thereof on the terms set forth therein, and to be bound by the terms of the ABL Intercreditor Agreement as fully as if the undersigned had executed and delivered the ABL Intercreditor Agreement as of the date thereof. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the ABL Intercreditor Agreement
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • December 16th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
WHEREAS, each Grantor is party to that certain Pledge and Security Agreement, dated as of March 31, 2011, among Nexeo Solutions, LLC (the “Borrower”), Nexeo Solutions Holdings, LLC, Nexeo Solutions Sub Holding Corp., certain subsidiaries of the Borrower party thereto from time to time (including each Grantor), the Lenders party thereto from time to time and the Collateral Agent (as it may be from time to time amended, restated, modified or supplemented, including pursuant to the Joinder Agreement, dated December 4, 2013, by and among each Grantor, Startex Distribution West, LLC and the Collateral Agent, the “Security Agreement”), in favor of the Collateral Agent pursuant to which such Grantor is required to execute and deliver this Trademark Security Agreement;
JOINDER AGREEMENTJoinder Agreement • December 16th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
THIS JOINDER AGREEMENT (this “Agreement”), dated as of December 4, 2013, is entered into between Chemical Specialists and Development, LLC, a Delaware limited liability company (“Chemical Specialists”), Startex Chemical, LLC, a Delaware limited liability company (“Startex”), and Startex Distribution West, LLC, a Delaware limited liability company (“Startex West”, and, together with Chemical Specialists and Startex, the “New Subsidiaries”) and BANK OF AMERICA, N.A., as Agent under that certain Credit Agreement dated as of March 31, 2011, among Nexeo Solutions, LLC, a Delaware limited liability company (the “Company”), each domestic subsidiary of the Company from time to time party thereto, Nexeo Solutions Canada Corp., a British Columbia corporation, Nexeo Solutions Holdings, LLC, a Delaware limited liability company (“Holdings”), Nexeo Solutions Sub Holding Corp., a Delaware corporation (“Sub Holdco”), the Lenders parties thereto, and Bank of America, N.A., as administrative agent and
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 3rd, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
This First Amendment to Asset Purchase Agreement (this “Amendment”) is entered into as of July 1, 2014, by and between Composites One LLC, a Rhode Island limited liability company (“Buyer”), and Nexeo Solutions, LLC, a Delaware limited liability company (“Seller”). Buyer and Seller are sometimes referred to individually as a “Party” and collectively as the “Parties.”
CONSULTING AGREEMENT TERMS Steve SchwarzwaelderConsulting Agreement • May 15th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Texas
Consulting Fee: · For providing the Consulting Services, Company shall pay (or cause to be paid) to Consultant an annual consulting fee of $175,000, payable monthly in arrears on the first Business Day of the month. · To the extent determined appropriate by Company, Consultant may receive additional compensation to the extent Consultant serves as a member of the board of directors (or in a similar capacity) of the Company. As of January 1, 2014, compensation for non-executive directors is $100,000 per year.
THIRD AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NEXEO SOLUTIONS HOLDINGS, LLC a Delaware limited liability companyLimited Liability Company Agreement • December 19th, 2012 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This Third Amendment to Amended and Restated Limited Liability Company Agreement of Nexeo Solutions Holdings, LLC (the “Amendment”) is executed as of August 31, 2012 by Nexeo Solutions Holdings, LLC, a Delaware limited liability company (the “Company”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • December 16th, 2013 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
WHEREAS, each Grantor is party to that certain Pledge and Security Agreement, dated as of March 31, 2011 among Nexeo Solutions, LLC (the “U.S. Borrower”), certain Domestic Subsidiaries of the U.S. Borrower from time to time party thereto (including each Grantor), Nexeo Solutions Holdings, LLC, Nexeo Solutions Sub Holding Corp. and the Collateral Agent (as it may be from time to time amended, restated, modified or supplemented, including pursuant to the Joinder Agreement, dated December 4, 2013, by and among each Grantor, Startex Distribution West, LLC and the Collateral Agent, the “Security Agreement”), in favor of the Collateral Agent pursuant to which such Grantor is required to execute and deliver this Trademark Security Agreement;
STOCK PURCHASE AGREEMENT by and among The Baumstark Family Trust, Acting by and through its sole trustee, John T. Baumstark, Sr. John T. Baumstark, Jr. David T. Baumstark Amy B. Stivers and Emily B. Siddens, As the Baumstark Beneficiaries, John T....Stock Purchase Agreement • April 4th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Texas
Solutions”), or its designee, under a separate Asset Purchase and Sale Agreement executed as of the Closing Date, between JACAAB and Nexeo Solutions (the form of which is attached hereto as Exhibit C and is referred to as the “JACAAB Purchase Agreement”).
AMENDMENT NO. 1 TO SHAREHOLDERS’ AND REGISTRATION RIGHTS AGREEMENTShareholders’ and Registration Rights Agreement • June 8th, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Delaware
This Amendment No. 1 to the Shareholders’ and Registration Rights Agreement (this “Amendment”) is made as of June 6, 2016 by and among WL Ross Holding Corp. (“WLRH”), WL Ross Sponsor LLC (“WLRS”) and Nexeo Holdco, LLC (together with WLRH and WLRS, the “Parties”). For purposes of this Amendment, capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement (defined below).
JOINDER AGREEMENTJoinder Agreement • May 15th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
THIS JOINDER AGREEMENT (this “Agreement”), dated as of April 4, 2014, is entered into between Archway Sales, LLC, a Delaware limited liability company, (the “New Subsidiary”), and Bank of America, N.A., as Agent (as defined below), under that certain Credit Agreement, dated as of March 31, 2011, among Nexeo Solutions, LLC, a Delaware limited liability company (the “Company”), each domestic subsidiary of the Company from time to time party thereto, Nexeo Solutions Canada Corp., a British Columbia corporation (the “Canadian Borrower”), Nexeo Solutions Holdings, LLC, a Delaware limited liability company (“Holdings”), Nexeo Solutions Sub Holding Corp., a Delaware corporation (“Sub Holdco”), the Lenders parties thereto, and Bank of America, N.A., as administrative agent and collateral agent for the Lenders thereunder (the “Agent”) (as amended, restated, extended, supplemented or otherwise modified from time to time, the “Credit Agreement”). All capitalized terms used herein and not otherwis
AMENDMENT NO. 1 TO FOUNDER SHARE TRANSFER LETTER AGREEMENTFounder Share Transfer Letter Agreement • June 8th, 2016 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
This Amendment No. 1 to the Founder Share Transfer Letter Agreement (this “Amendment”) is made as of June 6, 2016 by and among WL Ross Holding Corp. (“WLRH”), WL Ross Sponsor LLC (“WLRS”) and Nexeo Holdco, LLC (together with WLRH and WLRS, the “Parties”). For purposes of this Amendment, capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement (defined below).
ContractCredit Agreement • February 24th, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
INCREMENTAL AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 21, 2014 (this “Incremental Amendment”), by and among Nexeo Solutions, LLC, a Delaware limited liability company (the “Company”), Nexeo Solutions Holdings, LLC, a Delaware limited liability company (“Holdings”), Nexeo Solutions Sub Holding Corp., a Delaware corporation (“Sub Holdco,” and, together with the Company and Holdings, the “Term B-3 Borrowers”), the Subsidiary Guarantors party hereto, the Additional Lender party hereto and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • October 19th, 2012 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENT, dated as of October 16, 2012 (this “Amendment”), among NEXEO SOLUTIONS, LLC, a Delaware limited liability company (the “Company”), NEXEO SOLUTIONS CANADA CORP., a Canadian corporation (the “Canadian Borrower” and together with the Company, collectively, the “Borrowers” and each, individually, a “Borrower”), BANK OF AMERICA, N.A., as administrative agent and as collateral agent (in such capacities, the “Agent”), and the Lenders (as defined below) party hereto.
PARTIAL RELEASE OF TRADEMARK SECURITY AGREEMENTPartial Release of Trademark Security Agreement • May 15th, 2015 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products
THIS PARTIAL RELEASE OF TRADEMARK SECURITY AGREEMENT (this “Release”) is made as of January 30, 2015 (the “Effective Date”) by BANK OF AMERICA, N.A., as collateral agent (in such capacity, the “Collateral Agent”), on behalf of itself and the other Secured Parties for the benefit of CHEMICAL SPECIALISTS AND DEVELOPMENT, LLC and STARTEX CHEMICAL, LLC (each, individually, a “Grantor”).
ASSET PURCHASE AGREEMENT BY AND BETWEEN NEXEO SOLUTIONS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) AND COMPOSITES ONE LLC (A RHODE ISLAND LIMITED LIABILITY COMPANY) JUNE 6, 2014Asset Purchase Agreement • July 3rd, 2014 • Nexeo Solutions Holdings, LLC • Wholesale-chemicals & allied products • Texas
This Asset Purchase Agreement (the “Agreement”) is made and entered into this 6th day of June, 2014, by and between Composites One LLC, a Rhode Island limited liability company (“Buyer”), and Nexeo Solutions, LLC, a Delaware limited liability company (“Seller”). Buyer and Seller are sometimes referred to individually as a “Party” and collectively as the “Parties.”
