0001144204-14-074952 Sample Contracts

INCREASE AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • December 19th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York

INCREASE AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 18, 2014 (this “Agreement”), prepared pursuant to Section 2.05(d) of the Amended and Restated Credit Agreement dated as of June 19, 2014 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Existing Credit Agreement”; as modified hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among EMPIRE RESOURCES, INC. (the “Company”), the several Banks from time to time party thereto, and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as agent (in such capacity, together with its successors in such capacity, the “Agent”) and as a Fronting Bank.

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FIRST AMENDMENT TO UNCOMMITTED CREDIT AGREEMENT
Uncommitted Credit Agreement • December 19th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York

This FIRST AMENDMENT TO UNCOMMITTED CREDIT AGREEMENT (this “First Amendment”) dated as of December 18, 2014 is among EMPIRE RESOURCES, INC., a Delaware corporation (the “Company”), the undersigned Banks and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Agent (the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Credit Agreement (as defined below).

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