August 28, 2008Consignment Agreement • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals
AMENDMENT NO. 14 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • North Carolina
THIS AMENDMENT NO. 14 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER, dated as of August 28, 2008 (the “Agreement”) relating to the Credit Agreement referenced below, is by and among WOLVERINE TUBE, INC., a Delaware corporation (the “Company”), certain of its Subsidiaries identified as Subsidiary Borrowers on the signature pages hereto and any additional Subsidiaries of the Company which become parties to the Credit Agreement in accordance with the terms thereof (collectively referred to as the “Subsidiary Borrowers” and individually referred to as a “Subsidiary Borrower”) (hereinafter, the Company and the Subsidiary Borrowers are collectively referred to as the “Borrowers” or referred to individually as a “Borrower”), each of the financial institutions identified as Lenders on the signature pages hereto (the “Lenders” and each individually, a “Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, (“Wachovia”), acting in the manner and to the extent described in Article XIII of the C
WAIVER AND AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • New York
THIS WAIVER AND AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT, effective as of August 28, 2008 (this “Waiver and Amendment”), is entered into by and among DEJ 98 Finance, LLC, a Delaware limited liability company (the “Seller”), Wolverine Finance, LLC, a Tennessee limited liability company, as initial servicer (the “Servicer”), Wolverine Tube, Inc., a Delaware corporation, as performance guarantor (the “Performance Guarantor” and, together with the Seller and the Servicer, the “Seller Parties”), The CIT Group/Business Credit, Inc., a New York corporation (“CIT/BC”), individually and as co-agent (the “Co-Agent”), and Wachovia Bank, National Association, individually (“Wachovia” and, together with CIT/BC, the “Purchasers”), and as agent for the Purchasers (together with its successors and assigns in such capacity, the “Agent” and, together with the Co-Agent, the “Agents”).
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AND AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPurchase Agreement • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • New York
THIS AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AND AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED PERFORMANCE UNDERTAKING, effective as of May 25, 2008 (this “Amendment”), is entered into by and among DEJ 98 Finance, LLC, a Delaware limited liability company (the “Seller”), Wolverine Finance, LLC, a Tennessee limited liability company, as initial servicer (the “Servicer”), Wolverine Tube, Inc., a Delaware corporation, as performance guarantor (the “Performance Guarantor” and, together with the Seller and the Servicer, the “Seller Parties”), The CIT Group/Business Credit, Inc., a New York corporation (“CIT/BC”), individually and as co-agent (the “Co-Agent”), and Wachovia Bank, National Association, individually (“Wachovia” and, together with CIT/BC, the “Purchasers”), and as agent for the Purchasers (together with its successors and assigns in such capacity, the “Agent”).
CANADIAN RECEIVABLES SALE TERMINATION AND REASSIGNMENT AGREEMENTCanadian Receivables Sale Termination • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • New York
THIS CANADIAN RECEIVABLES SALE TERMINATION AND REASSIGNMENT AGREEMENT (this “Agreement”), dated as of May 25, 2008 (the “Effective Date”), by and among DEJ 98 FINANCE, LLC, a Delaware limited liability company (“SPE”), WOLVERINE TUBE (CANADA) INC., an Ontario corporation (“Originator”), THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation, individually (“CIT/BC”) and as co-agent (the “Co-Agent”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, individually (“Wachovia” and, together with CIT/BC, the “Purchasers”) and as agent for the Purchasers (in such capacity, the “Agent” and, together with the Co-Agent, the “Agents”).
SPECIFIED CANADIAN RECEIVABLES SALE AGREEMENTSpecified Canadian Receivables Sale Agreement • August 29th, 2008 • Wolverine Tube Inc • Rolling drawing & extruding of nonferrous metals • New York
THIS SPECIFIED CANADIAN RECEIVABLES SALE AGREEMENT (this “Agreement”), dated as of May 25, 2008 (the “Effective Date”), is by and between DEJ 98 FINANCE, LLC, a Delaware limited liability company (“SPE”), and WOLVERINE TUBE, INC., a Delaware corporation (“Wolverine”).
