Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This Second Lien Intercreditor Agreement (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 17, 2017 and entered into by and among Fifth Third Bank, an Ohio banking corporation, in its capacity as administrative agent under the First Lien Credit Agreement for the First Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “First Lien Collateral Agent”), Prospect Capital Corporation, a Maryland corporation, in its capacity as administrative agent under the Second Lien Loan Agreement for the Second Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Second Lien Collateral Agent”), and acknowledged and agreed to by Turning Point Brands, Inc., a Delaware corporation (“Turning Point”), North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”; Turning Point and NATC are each individ
Second Lien Credit AgreementSecond Lien Credit Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This Second Lien Credit Agreement is entered into as of February 17, 2017, by and among Turning Point Brands, Inc., a Delaware corporation (“Turning Point”) and North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”; Turning Point and NATC are each individually referred to herein as a “Borrower” and are collectively referred to herein as the “Borrowers”), the direct and indirect Subsidiaries of the Borrowers from time to time party to this Agreement, as Guarantors, the various institutions from time to time party to this Agreement, as Lenders, Prospect Capital Corporation, a Maryland corporation, as Administrative Agent, and Fifth Third Bank, an Ohio banking corporation, as Administrative Sub-Agent.
First Lien Credit AgreementCredit Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This First Lien Credit Agreement is entered into as of February 17, 2017, by and among Turning Point Brands, Inc., a Delaware corporation (“Turning Point”) and North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”; Turning Point and NATC are each individually referred to herein as a “Borrower” and are collectively referred to herein as the “Borrowers”), the direct and indirect Subsidiaries of the Borrowers from time to time party to this Agreement, as Guarantors, the various institutions from time to time party to this Agreement, as Lenders, Fifth Third Bank, an Ohio banking corporation, as Administrative Agent and L/C Issuer, Capital One, National Association, a national banking association, as Syndication Agent, and Regions Bank, as Documentation Agent.
First Lien Guaranty and Security AgreementTrademark Security Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This First Lien Guaranty and Security Agreement (this “Agreement”), dated as of February 17, 2017, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and Fifth Third Bank, an Ohio banking corporation, in its capacity as agent for the Lenders and the other Secured Parties (in such capacity, together with its successors and assigns in such capacity, “Administrative Agent”).
Second Lien Guaranty and Security AgreementPatent Security Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This Second Lien Guaranty and Security Agreement (this “Agreement”), dated as of February 17, 2017, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and Prospect Capital Corporation, a Maryland corporation, in its capacity as agent for the Lenders and the other Secured Parties (in such capacity, together with its successors and assigns in such capacity, “Administrative Agent”).
