TERMINATION AND AMENDMENT AGREEMENTTermination and Amendment Agreement • August 3rd, 2006 • Aep Industries Inc • Unsupported plastics film & sheet • Delaware
This Termination and Amendment Agreement (this “Agreement”) is made and entered into as of August 2, 2006 by and among AEP Industries Inc., a Delaware corporation (the “Company”), J. Brendan Barba (“Mr. Barba”), Bradley Louis Radoff (“Mr. Radoff”) and Third Point Partners Qualified L.P., a Delaware limited partnership, Third Point Partners L.P., a Delaware limited partnership, Third Point Resources L.P. (formerly Banzai Partners L.P.), a Delaware limited partnership, Third Point Offshore Fund, Ltd., a Cayman Islands limited liability exempted company, Third Point Ultra Ltd. (formerly Points West International Investments Ltd.), a British Virgin Islands limited liability company, Third Point Resources Ltd. (formerly Banzai Offshore Fund, Ltd.), a Cayman Islands limited liability exempted company (together with Mr. Radoff, “Sellers”), and Third Point LLC, a Delaware limited liability company (“Third Point”).
PURCHASE AGREEMENTPurchase Agreement • August 3rd, 2006 • Aep Industries Inc • Unsupported plastics film & sheet • Delaware
This Termination and Amendment Agreement (this “Agreement”) is made and entered into as of August [ ], 2006 by and among AEP Industries Inc., a Delaware corporation (the “Company”), J. Brendan Barba (“Mr. Barba”), Bradley Louis Radoff (“Mr. Radoff”) and Third Point Partners Qualified L.P., a Delaware limited partnership, Third Point Partners L.P., a Delaware limited partnership, Third Point Resources L.P. (formerly Banzai Partners L.P.), a Delaware limited partnership, Third Point Offshore Fund, Ltd., a Cayman Islands limited liability exempted company, Third Point Ultra Ltd. (formerly Points West International Investments Ltd.), a British Virgin Islands limited liability company, Third Point Resources Ltd. (formerly Banzai Offshore Fund, Ltd.), a Cayman Islands limited liability exempted company (together with Mr. Radoff, “Sellers”), and Third Point LLC, a Delaware limited liability company (“Third Point”).
AMENDMENT NO. 8 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 3rd, 2006 • Aep Industries Inc • Unsupported plastics film & sheet • New York
WHEREAS, Agent, Lenders and Borrower have entered into financing arrangements pursuant to which Agent and Lenders have made and may make loans and advances and provide other financial accommodations to Borrower as set forth in the Loan and Security Agreement, dated November 20, 2001, by and among Agent, Lenders and Borrower, as amended by Amendment No. 1 to Loan and Security Agreement dated December 9, 2001, Amendment No. 2 to Loan and Security Agreement dated July 10, 2002, Amendment No. 3 to Loan and Security Agreement dated October 16, 2002, Amendment No. 4 to Loan and Security Agreement dated February 3, 2005, Consent and Amendment No. 5 to Loan and Security Agreement dated as of February 25, 2005, Amendment No. 6 to Loan and Security Agreement dated May 12, 2005 and Amendment No. 7 to Loan and Security Agreement dated October 28, 2005 (as amended hereby and as the same may hereafter be further amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agre
