INTERCREDITOR AGREEMENTIntercreditor Agreement • June 10th, 2002 • LSB Industries Inc • Industrial inorganic chemicals • New York
THIS INTERCREDITOR AGREEMENT ("Intercreditor Agreement"), dated as of May 24, 2002, is by and among Guggenheim Investment Management, LLC, a Delaware limited liability company, in its capacity as collateral agent pursuant to the Guggenheim Loan Agreement (as hereinafter defined) for the purchasers who are party from time to time thereto (in such capacity, together with its successors and assigns in such capacity, "Guggenheim", as hereinafter further defined), the purchasers from time to time party to the Guggenheim Loan Agreement (the "Guggenheim Purchasers" as hereinafter further defined), Foothill Capital Corporation, a California corporation, in its capacity as agent pursuant to the Working Capital Loan Agreement (as hereinafter defined) for the lenders who are party from time to time thereto (in such capacity, together with its successors and assigns in such capacity, the "Agent", as hereinafter further defined) and the lenders from time to time party to the Working Capital Loan Ag
EXHIBIT A FORM OF NOTELSB Industries Inc • June 10th, 2002 • Industrial inorganic chemicals
FOR VALUE RECEIVED, the undersigned, CLIMACHEM, INC., an Oklahoma corporation (the "Company"), hereby unconditionally promises to pay to the order of UPPER COLOMBIA CAPITAL COMPANY, LLC ("Holder"), at the office of Holder, c/o Guggenheim Partners, 135 East 57th Street, 9th Floor, New York, New York 10022, or at such other place as the holder of this Note (this "Note") may designate from time to time in writing, in lawful money of the United States of America and in immediately available funds, the principal amount of SEVEN MILLION SEVEN HUNDRED EIGHTY-SIX THOUSAND NINE HUNDRED TWENTY-SEVEN DOLLARS ($7,786,927), together with interest on the unpaid principal amount of this Note outstanding from time to time from the date hereof, at the rate provided in the Purchase Agreement (as hereinafter defined). This Note is issued pursuant to that certain Securities Purchase Agreement dated as of May 24, 2002 among the Company, the other Credit Parties party thereto, and the Purchasers party th
SECURITIES PURCHASE AGREEMENT dated as of May 24, 2002 by and among CLIMACHEM, INC., as ISSUER and THE OTHER ENTITIES PARTY HERETO, as GUARANTORS and THE PURCHASERS PARTY HERETO and GUGGENHEIM INVESTMENT MANAGEMENT, LLC, as COLLATERAL AGENTSecurities Purchase Agreement • June 10th, 2002 • LSB Industries Inc • Industrial inorganic chemicals
CLIMACHEM, INC., Issuer, and THE GUARANTORS NAMED HEREIN and BANK ONE, NA Trustee ____________________________ FIFTH SUPPLEMENTAL INDENTURE Dated as of May 24, 2002 To INDENTURE Dated as of November 26, 1997 as amended by the First Supplemental...LSB Industries Inc • June 10th, 2002 • Industrial inorganic chemicals • New York
This FIFTH SUPPLEMENTAL INDENTURE, dated as of May 24, 2002, is among ClimaChem, Inc., an Oklahoma corporation (the "Issuer"), the Guarantors referred to in the Indenture (as defined below) and Bank One, NA, a national banking association, as trustee under the Indenture ("Trustee").
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 10th, 2002 • LSB Industries Inc • Industrial inorganic chemicals • New York
SECOND AMENDMENT, dated as of May 24, 2002 (the "Amendment"), to the Loan and Security Agreement dated as of April 13, 2001, as amended by the First Amendment dated as of August 3, 2001 (the "Loan Agreement"), by and among (i) LSB INDUSTRIES, INC., a Delaware corporation (the "Parent"), CLIMACHEM, INC., an Oklahoma corporation ("ClimaChem"), and each of the Subsidiaries of ClimaChem identified on the signature pages thereof (such Subsidiaries, together with ClimaChem, each a "Borrower", and collectively, the "Borrowers"), (ii) the lenders identified on the signature pages thereof (each a "Lender" and collectively the "Lenders") and (iii) FOOTHILL CAPITAL CORPORATION, a California corporation, as the arranger and administrative agent for the Lenders (the "Agent"). WHEREAS, ClimaChem desires (i) to issue and sell certain promissory notes to Guggenheim Investment Management, LLC and certain other purchasers (collectively, "Guggenheim") pursuant to a certain Securities Purchase Agreemen
