Debtor-In-Possession Credit And Security Agreement Sample Contracts

Orexigen Therapeutics – DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT Dated as of March 12, 2018 by and Among OREXIGEN THERAPEUTICS, INC. As Borrower, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as DIP Administrative Agent, and the DIP Lenders Party Hereto (March 12th, 2018)

THIS DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, this Agreement) is dated as of March 12, 2018, by and among OREXIGEN THERAPEUTICS, INC., a Delaware corporation, as the borrower (the Borrower), WILMINGTON TRUST, NATIONAL ASSOCIATION (Wilmington Trust), as agent (in such capacity, including any successor thereto in such capacity, the DIP Administrative Agent), and each of the lenders party hereto and listed on Schedule 1(A), and any Person who becomes a lender hereto after the date hereof (each a DIP Lender, and collectively, the the DIP Lenders). The Borrower, the DIP Administrative Agent, and the DIP Lenders are sometimes referred to herein individually as a Party and collectively as Parties to this Agreement.

Adams Resources & Energy – Debtor in Possession Credit and Security Agreement (March 12th, 2018)

THIS DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the "Agreement") is dated as of April 25, 2017 by and among ADAMS RESOURCES EXPLORATION CORPORATION ("AREC"), a Delaware corporation ("Borrower") and ADAMS RESOURCES & ENERGY, INC. ("ARE"), as Lender.

Solazyme Inc – Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (August 10th, 2017)

This SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT is entered into as of August 8, 2017, among TERRAVIA HOLDINGS, INC., a Delaware corporation (as borrower and as a debtor and debtor in possession in the Chapter 11 Cases (as defined below), the "Borrower"), the Guarantors (as defined below), the DIP Lenders (as defined below) and Wilmington Savings Fund Society, FSB, as administrative agent and as collateral agent (in either such capacity, together with its successors and permitted assigns, the "Agent").

Kalobios Pharmaceuticals Inc. – Debtor in Possession Credit and Security Agreement (April 7th, 2016)

THIS DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the "Agreement") is dated as of April 1, 2016 by and among KALOBIOS PHARMACEUTICALS, INC., a Delaware corporation ("Borrower"), BLACK HORSE CAPITAL MASTER FUND LTD. ("BHCMF"), individually as a Lender, and as Agent, BLACK HORSE CAPITAL LP ("BHC"), as a Lender, CHEVAL HOLDINGS, LTD. ("Cheval"), as a Lender, NOMIS BAY LTD ("Nomis"), as a Lender and any Lender who becomes a party hereto.

Superpriority Debtor-In-Possession Credit and Security Agreement (July 21st, 2014)

SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT (this "Agreement"), dated as of July 11, 2014, among CRUMBS BAKE SHOP, INC., a Delaware corporation and a debtor and debtor in possession in a case pending under Chapter 11 of the Bankruptcy Code (the "Company"), and each of the Company's subsidiaries listed on the signature page, each a debtor and debtor in possession in a case pending under Chapter 11 of the Bankruptcy Code (each a "Subsidiary" and together with the Company, the "Borrower"), and LEMONIS FISCHER ACQUISITION COMPANY, LLC, a Delaware limited liability company, as lender (together with its successors and assigns, the "Lender").

Biovest International – DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT BY AND AMONG BIOVEST INTERNATIONAL, INC. AND CORPS REAL, LLC AND PSOURCE STRUCTURED DEBT LIMITED VALENS U.S. SPV I, LLC VALENS OFFSHORE SPV I, LTD. VALENS OFFSHORE SPV II, CORP. LAURUS MASTER FUND LTD. (In Liquidation) CALLIOPE CORPORATION AND LV ADMINISTRATIVE SERVICES, INC. As of April 18, 2013 (May 15th, 2013)

THIS DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT (the "Agreement") is made and entered into as of April 18, 2013 and effective for all purposes as of March 14, 2013, by and among (i) BIOVEST INTERNATIONAL, INC., a Delaware corporation and a debtor in possession (the "Borrower"); (ii) CORPS REAL, LLC, an Illinois limited liability company (the "Corps Real Lender"); (iii) PSOURCE STRUCTURED DEBT LIMITED, a Guernsey limited liability company ("PSource"), VALENS U.S. SPV I, LLC, a Delaware limited liability company ("Valens U.S."), VALENS OFFSHORE SPV I, LTD., a Delaware limited liability company ("Valens Offshore I"), VALENS OFFSHORE SPV II, CORP., a Delaware corporation ("Valens Offshore II"), LAURUS MASTER FUND, LTD. (IN LIQUIDATION), a Cayman Islands company ("Laurus"), and CALLIOPE CORPORATION, a Delaware corporation and successor by merger to Erato Corp. ("Calliope" and together with PSource, Valens U.S., Valens Offshore I, Valens Offshore II, and Laurus, collectively, the "L

Ronson Corporation – DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT BY AND AMONG RCLC, INC., RONSON AVIATION, INC., RCPC LIQUIDATING CORP. , AND RCC INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION Acting Through Its Wells Fargo Capital Finance Operating Division August ___, 2010 (August 23rd, 2010)

"Security Agreements" means each Security Agreement or Collateral Pledge Agreement now or hereafter executed by a Loan Party in favor of the Lender dated the same date as this Agreement

Q2Power Technologies, Inc. – Debtor-In-Possession Credit and Security Agreement (May 26th, 2010)

This DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT, dated as of _____________, 2010, is by and among ANPATH GROUP, INC., a Delaware corporation ("Anpath" or "Borrower"), ANPG Lending LLC, a Delaware limited liability company ("ANPG"), the individuals and entities listed on Schedule I attached hereto as lenders (each as "Laidlaw Lender," collectively, "Laidlaw Lenders," and with ANPG "Lenders") and Laidlaw & Company (UK) Ltd. as administrative agent for the Laidlaw Lenders (in such capacity, together with any other Person who becomes Administrative Agent pursuant to Article IX, "Administrative Agent"). The parties hereto hereby agree as follows:

Ciphergen Biosystems – DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT by and Between VERMILLION, INC., as a Debtor and Debtor-In-Possession and QUEST DIAGNOSTICS INCORPORATED, as Lender Dated as of October 7, 2009 (October 21st, 2009)
Golden Minerals Co – SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT Dated as of January 20, 2009 Between Apex Silver Mines Limited and Sumitomo Corporation as Lender (January 26th, 2009)

This SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AND SECURITY AGREEMENT (this Agreement), dated as of January 20, 2009 between Apex Silver Mines Limited (Apex or Borrower), a corporation organized and existing under the laws of the Cayman Islands, and Sumitomo Corporation, a corporation organized and existing under the laws of Japan (the Lender).

Tousa – Third Order Further Extending Interim Termination Date Under the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (June 17th, 2008)

This matter came before the Court during the hearing held on June 10, 2008 at 9:30 a.m. upon ore tenus motion (the Motion) of counsel to TOUSA, Inc. and its affiliated debtors and debtors in possession in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors) and counsel to Citicorp North America, Inc., for entry of an order further extending the Interim Termination Date under the Senior Secured Super-Priority Debtor-in-Possession Credit and Security Agreement dated as of January 29, 2008 (as amended on March 15, 2008 and April 29, 2008, the DIP Credit Agreement); and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. SSSS 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. SS 157(b); and venue being proper before this court pursuant to 28 U.S.C. SSSS 1408 and 1409; and it appearing that the relief requested in the Motion is i

Tousa – Second Order Further Extending Interim Termination Date Under the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (June 12th, 2008)

This matter came before the Court during the hearing held on June 10, 2008 at 9:30 a.m. upon ore tenus motion (the Motion) of counsel to TOUSA, Inc. and its affiliated debtors and debtors in possession in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors) and counsel to Citicorp North America, Inc., for entry of an order further extending the Interim Termination Date under the Senior Secured Super-Priority Debtor-in-Possession Credit and Security Agreement dated as of January 29, 2008 (as amended on March 15, 2008 and April 29, 2008, the DIP Credit Agreement); and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. SSSS 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. SS 157(b); and venue being proper before this court pursuant to 28 U.S.C. SSSS 1408 and 1409; and it appearing that the relief requested in the Motion is i

Tousa – Order Further Extending Interim Termination Date Under the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (May 28th, 2008)

This matter came before the Court during the hearing held on May 22, 2008 at 9:30 a.m. upon ore tenus motion (the Motion) of counsel to TOUSA, Inc. and its affiliated debtors and debtors in possession in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors) and counsel to Citicorp North America, Inc., for entry of an order further extending the Interim Termination Date under the Senior Secured Super-Priority Debtor-in-Possession Credit and Security Agreement dated as of January 29, 2008 (as amended on March 15, 2008 and April 29, 2008, the DIP Credit Agreement); and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. SSSS 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. SS 157(b); and venue being proper before this court pursuant to 28 U.S.C. SSSS 1408 and 1409; and it appearing that the relief requested in the Motion is in

Tousa – Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (May 5th, 2008)

AMENDMENT NO. 2 TO SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT, dated as of April 29, 2008 (this Amendment), is entered into among TOUSA, INC., a Delaware corporation (the Administrative Borrower), each subsidiary of the Administrative Borrower listed on Schedule I as a Subsidiary Borrower (each, a Subsidiary Borrower and collectively, the Subsidiary Borrowers; together with the Administrative Borrower, each a Borrower and collectively, the Borrowers), each a debtor and debtor-in-possession in the cases pending under Chapter 11 of the Bankruptcy Code (as defined below) the Borrowers), the Lenders and Issuers (each as defined below) and CITICORP NORTH AMERICA, INC., as Administrative Agent (in such capacity, the Administrative Agent), and further amends the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement, dated as of January 29, 2008, as previously amended pursuant to Amendment No. 1 to Senior Secured Super-Priority D

Pope Talbot – Fifth Amendment to Debtor-In-Possession Credit and Security Agreement (May 1st, 2008)

FIFTH AMENDMENT, dated as of April 25, 2008 (this Amendment), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to Debtor-In-Possession Credit and Security Agreement, dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together

Pope Talbot – Sixteenth Waiver to Debtor-In-Possession Credit and Security Agreement (May 1st, 2008)

SIXTEENTH WAIVER, dated as of April 23, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007, as amended by the Second Amendment dated as of February 14, 2008, as amended by the Third Amendment dated as of February 26, 2008 and as further amended by the Fourth Amendment dated as of April 3, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial insti

Pope Talbot – Seventeenth Waiver to Debtor-In-Possession Credit and Security Agreement (May 1st, 2008)

SEVENTEENTH WAIVER, dated as of April 25, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007, as amended by the Second Amendment dated as of February 14, 2008, as amended by the Third Amendment dated as of February 26, 2008 and as further amended by the Fourth Amendment dated as of April 3, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial ins

Pope Talbot – Fifteenth Waiver to Debtor-In-Possession Credit and Security Agreement (April 15th, 2008)

FIFTEENTH WAIVER, dated as of April 11, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007, as amended by the Second Amendment dated as of February 14, 2008, as amended by the Third Amendment dated as of February 26, 2008 and as further amended by the Fourth Amendment dated as of April 3, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial insti

Pope Talbot – Fourth Amendment to Debtor-In-Possession Credit and Security Agreement (April 8th, 2008)

FOURTH AMENDMENT, dated as of April 3, 2008 (this Amendment), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to Debtor-In-Possession Credit and Security Agreement, dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together

Pope Talbot – Fourteenth Waiver to Debtor-In-Possession Credit and Security Agreement (April 8th, 2008)

FOURTEENTH WAIVER, dated as of April 4, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007 and as amended by the Second Amendment dated as of February 14, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited

Pope Talbot – Thirteenth Waiver to Debtor-In-Possession Credit and Security Agreement (April 8th, 2008)

THIRTEENTH WAIVER, dated as of March 28, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007 and as amended by the Second Amendment dated as of February 14, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited

Pope Talbot – Twelfth Waiver to Debtor-In-Possession Credit and Security Agreement (March 27th, 2008)

TWELFTH WAIVER, dated as of March 24, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007 and as amended by the Second Amendment dated as of February 14, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited li

Tousa – Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement (March 25th, 2008)

AMENDMENT NO. 1 TO SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT, dated as of March 15, 2008 (this Amendment), is entered into among TOUSA, INC., a Delaware corporation (the Administrative Borrower), each subsidiary of the Administrative Borrower listed on Schedule I as a Subsidiary Borrower (each, a Subsidiary Borrower and collectively, the Subsidiary Borrowers; together with the Administrative Borrower, each a Borrower and collectively, the Borrowers), each a debtor and debtor-in-possession in the cases pending under Chapter 11 of the Bankruptcy Code (as defined below) the Borrowers), the Lenders and Issuers (each as defined below) and CITICORP NORTH AMERICA, INC., as Administrative Agent (in such capacity, the Administrative Agent), and amends the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement, dated as of January 29, 2008 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), amo

Pope Talbot – Eleventh Waiver to Debtor-In-Possession Credit and Security Agreement (March 11th, 2008)

ELEVENTH WAIVER, dated as of March 7, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007 and as amended by the Second Amendment dated as of February 14, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited li

Pope Talbot – Third Amendment to Debtor-In-Possession Credit and Security Agreement (March 4th, 2008)

THIRD AMENDMENT, dated as of February 26, 2008 (this Amendment), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to Debtor-In-Posssession Credit and Security Agreement, dated as of December 20, 2007, as further amended by the Second Amendment to Debtor-In-Posssession Credit and Security Agreement, dated as of February 14, 2008 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WEL

Pope Talbot – Tenth Waiver to Debtor-In-Possession Credit and Security Agreement (February 28th, 2008)

TENTH WAIVER, dated as of February 22, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver dated as of December 20, 2007 and as amended by the Second Amendment dated as of February 14, 2008, to the Debtor-in-Possession Credit and Security Agreement (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited l

Pope Talbot – Second Amendment to Debtor-In-Possession Credit and Security Agreement (February 26th, 2008)

SECOND AMENDMENT, dated as of February 14, 2008 (this Amendment), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to Debtor-In-Posssession Credit and Security Agreement, dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, toge

Pope Talbot – Eighth Waiver to Debtor-In-Possession Credit and Security Agreement (February 12th, 2008)

EIGHTH WAIVER, dated as of February 8, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together

Pope Talbot – Seventh Waiver to Debtor-In-Possession Credit and Security Agreement (February 11th, 2008)

SEVENTH WAIVER, dated as of February 1, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together

Pope Talbot – Sixth Waiver to Debtor-In-Possession Credit and Security Agreement (January 29th, 2008)

SIXTH WAIVER, dated as of January 25, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together w

Pope Talbot – Fifth Waiver to Debtor-In-Possession Credit and Security Agreement (January 28th, 2008)

FIFTH WAIVER, dated as of January 22, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together w

Pope Talbot – Fourth Waiver to Debtor-In-Possession Credit and Security Agreement (January 17th, 2008)

FOURTH WAIVER, dated as of January 11, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together

Pope Talbot – Third Waiver to Debtor-In-Possession Credit and Security Agreement (January 11th, 2008)

THIRD WAIVER, dated as of January 7, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together wi

Pope Talbot – Second Waiver to Debtor-In-Possession Credit and Security Agreement (January 11th, 2008)

SECOND WAIVER, dated as of January 4, 2008 (this Waiver), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007, as amended by the First Amendment and Waiver to the Debtor-in-Possession Credit and Security Agreement dated as of December 20, 2007 (as heretofore amended or otherwise modified, the Credit Agreement), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the Parent), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the Borrower), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in such capacity, together w

Pope Talbot – First Amendment and Waiver to Debtor-In-Possession Credit and Security Agreement (December 28th, 2007)

FIRST AMENDMENT AND WAIVER, dated as of December 20, 2007 (this "Amendment"), to the Debtor-in-Possession Credit and Security Agreement, dated as of November 19, 2007 (as heretofore amended or otherwise modified, the "Credit Agreement"), by and among POPE & TALBOT, INC., a Delaware corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code and as a debtor company under the CCAA (the "Parent"), POPE & TALBOT LTD., a Canadian corporation, as a debtor and debtor-in-possession under the US Bankruptcy Code, and as a debtor company under the CCAA (the "Borrower"), the Guarantors set forth on the signature pages thereto, the several banks and other financial institutions or entities from time to time parties thereto (the "Lenders"), WELLS FARGO FINANCIAL CORPORATION CANADA, a Nova Scotia unlimited liability company, as administrative agent (in suc