AMENDMENT TO CHANGE IN CONTROL PROTECTION AGREEMENTChange in Control Protection Agreement • May 9th, 2008 • Foamex International Inc • Plastics foam products
This Amendment No 1 (the “Amendment”) to the Change in Control Protection Agreement is made and entered into on the 31st day of January 2007 between Foamex International Inc., a Delaware corporation (the “Company”), and Darrell Nance (“Executive”).
FOAMEX INTERNATIONAL INC. CHANGE IN CONTROL PROTECTION AGREEMENTChange in Control Protection Agreement • May 9th, 2008 • Foamex International Inc • Plastics foam products • Delaware
This Change in Control Protection Agreement (this “Agreement”), dated effective as of December 20, 2002 (the “Effective Date”), is entered into between Foamex International Inc., a Delaware Corporation (the “Company”), and Paul A. Haslanger (“Executive”).
WAIVER AGREEMENTWaiver Agreement • May 9th, 2008 • Foamex International Inc • Plastics foam products • New York
WAIVER AGREEMENT (this “Waiver”), dated as of March 28, 2008, to the Revolving Credit Agreement, dated as of February 12, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Foamex L.P., a Delaware limited partnership (the “Borrower”), the Borrower’s affiliates party thereto as guarantors (collectively, the “Guarantors”), the financial institutions party thereto as lenders (the “Lenders”), Bank of America, N.A., as administrative agent for the Lenders (the “Administrative Agent”), Banc of America Securities LLC, as sole lead arranger and as sole bookrunning manager (in such capacities, “BAS”), and Wells Fargo Foothill, LLC and Wachovia Bank, National Association, as co-documentation agents (the “Documentation Agents”). Capitalized terms used but not defined herein shall have the respective meanings set forth in the Credit Agreement.
AMENDMENT NO. 1 TO SECOND LIEN TERM CREDIT AGREEMENTSecond Lien Term Credit Agreement • May 9th, 2008 • Foamex International Inc • Plastics foam products • New York
AMENDMENT NO. 1 (“Amendment”), dated as of March 24, 2008, to that certain Second Lien Term Credit Agreement, dated as of February 12, 2007 (the “Credit Agreement”), among FOAMEX L.P., a Delaware limited partnership (the “Borrower”), FOAMEX INTERNATIONAL INC., a Delaware corporation (“Holdings”), the lenders from time to time party thereto (the “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement.
AMENDMENT AND CONSENT NO. 1 TO FIRST LIEN TERM CREDIT AGREEMENTFirst Lien Term Credit Agreement • May 9th, 2008 • Foamex International Inc • Plastics foam products • New York
THIS AMENDMENT AND CONSENT NO. 1 (“Amendment”), dated as of March 24, 2008, to that certain First Lien Term Credit Agreement, dated as of February 12, 2007 (the “Credit Agreement”), among FOAMEX L.P., a Delaware limited partnership (the “Borrower”), FOAMEX INTERNATIONAL INC., a Delaware corporation (“Holdings”), the lenders from time to time party thereto (the “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein and not defined herein shall have the meaning set forth in the Credit Agreement (as amended hereby).
