SECOND AMENDMENT TO FINANCING AGREEMENTFinancing Agreement • August 28th, 2012 • Motorcar Parts America Inc • Miscellaneous electrical machinery, equipment & supplies • New York
SECOND AMENDMENT, dated as of May 24, 2012 (this "Second Amendment"), to the Financing Agreement, dated as of January 18, 2012 (as amended by First Amendment to Financing Agreement, dated as of March 18, 2012, and as further amended, restated, supplemented, modified or otherwise changed from time to time, the "Financing Agreement"), by and among Motorcar Parts of America, Inc., a New York corporation (the "Borrower"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and PNC Bank, National Association ("PNC"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent" and together with the Collateral Agent, each an "Agent" and collectively
REVOLVING CREDIT/STRATEGIC COOPERATION AGREEMENT dated as of August 22, 2012 among FENWICK AUTOMOTIVE PRODUCTS LIMITED, MOTORCAR PARTS OF AMERICA, INC. (solely for purposes of Specified Provisions) and WANXIANG AMERICA CORPORATIONRevolving Credit/Strategic Cooperation Agreement • August 28th, 2012 • Motorcar Parts America Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This REVOLVING CREDIT/STRATEGIC COOPERATION AGREEMENT (the “Agreement”) is dated as of August 22, 2012 by and among Fenwick Automotive Products Limited, a corporation incorporated under the laws of Ontario (“Fenco”), Motorcar Parts of America, Inc., a New York corporation (“MPA”) (solely for purposes of Section 2.5, Section 3.2, Section 4.2, Article V, Article VI, Article VII, Article VIII and Article IX (collectively, the “Specified Provisions”)), and Wanxiang America Corporation, a Kentucky corporation (“WAC”).
THIRD AMENDMENT AND WAIVER TO FINANCING AGREEMENTFinancing Agreement • August 28th, 2012 • Motorcar Parts America Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIRD AMENDMENT AND WAIVER, dated as of August 22, 2012 (this "Third Amendment"), to the Financing Agreement, dated as of January 18, 2012 (as amended by First Amendment to Financing Agreement, dated as of March 18, 2012, Second Amendment to Financing Agreement, dated as of May 24, 2012, and as further amended, restated, supplemented, modified or otherwise changed from time to time, the "Financing Agreement"), by and among Motorcar Parts of America, Inc., a New York corporation (the "Borrower"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and PNC Bank, National Association ("PNC"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Administrative
GUARANTY Dated as of August 22, 2012Guaranty • August 28th, 2012 • Motorcar Parts America Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This GUARANTY (as amended, modified, renewed, restated, or replaced from time to time, this “Guaranty”) is made by MPA in favor of Wanxiang America Corporation, a Kentucky corporation (“WAC”).
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 28th, 2012 • Motorcar Parts America Inc • Miscellaneous electrical machinery, equipment & supplies • Ontario
This agreement amends the amended and restated credit agreement made as of May 6, 2011 between (i) Fenwick Automotive Products Limited, as Co-Borrower, (ii) Introcan Inc., as Co-Borrower, (iii) Manufacturers And Traders Trust Company, as Lead Arranger, and (iv) M&T Bank, as Administrative Agent, (v) M&T Bank, as a Lender and (vi) such other Lenders from time to time as may become party to such agreement, as amended by Amendment No. 1 to the amended and restated credit agreement dated as of May 11, 2012 (collectively, the "Original Credit Agreement").
