ContractCredit Agreement • June 15th, 2010 • Lifetime Brands, Inc • Cutlery, handtools & general hardware • New York
TABLE OF CONTENTS ARTICLE I Definitions 1 SECTION 1.01. Defined Terms 1 SECTION 1.02. Classification of Loans and Borrowings 26 SECTION 1.03. Terms Generally 26 SECTION 1.04. Accounting Terms; GAAP 27 SECTION 1.05. Status of Obligations 27 ARTICLE II The Credits 27 SECTION 2.01. Commitments 27 SECTION 2.02. Loans and Borrowings 27 SECTION 2.03. Requests for Revolving Borrowings 28 SECTION 2.04. Protective Advances 29 SECTION 2.05. Swingline Loans and Overadvances 29 SECTION 2.06. Letters of Credit 31 SECTION 2.07. Funding of Borrowings 34 SECTION 2.08. Interest Elections 34 SECTION 2.09. Termination and Reduction of Commitments; Increase in Commitments 36 SECTION 2.10. Repayment and Amortization of Loans; Evidence of Debt 37 SECTION 2.11. Prepayment of Loans 38 SECTION 2.12. Fees 38 SECTION 2.13. Interest 39 SECTION 2.14. Alternate Rate of Interest 40 SECTION 2.15. Increased Costs 40 SECTION 2.16. Break Funding Payments 41 SECTION 2.17. Taxes 42 SECTION 2.18. Payments Generally; Alloca
SECOND LIEN CREDIT AGREEMENT dated as of June 9, 2010 among LIFETIME BRANDS, INC., as Borrower, THE SUBSIDIARY GUARANTORS PARTY HERETO, as Subsidiary Guarantors, THE LENDERS PARTY HERETO and CITIBANK, N.A., as Administrative Agent and Collateral AgentCredit Agreement • June 15th, 2010 • Lifetime Brands, Inc • Cutlery, handtools & general hardware • New York
This SECOND LIEN CREDIT AGREEMENT (this “Agreement”) dated as of June 9, 2010, among LIFETIME BRANDS, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, and CITIBANK, N.A., as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties.
