Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement Sample Contracts

Amendment No. 1 to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (June 10th, 2015)

This AMENDMENT NO. 1 TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment") is made as of March 17, 2015 by and among CAL DIVE INTERNATIONAL, INC., a Delaware corporation, as a debtor-in-possession, (the "Borrower"), the Lenders party hereto, and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Amendment No. 3 to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (June 10th, 2015)

This AMENDMENT NO. 3 TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment") is made as of April 2, 2015 by and among CAL DIVE INTERNATIONAL, INC., a Delaware corporation, as a debtor-in-possession, (the "Borrower"), the Lenders party hereto, and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (June 10th, 2015)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of March 3, 2015, among CAL DIVE INTERNATIONAL, INC., a Delaware corporation, as a debtor-in possession (the "Borrower"), each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.

Amendment No. 2 to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (June 10th, 2015)

This AMENDMENT NO. 2 TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment") is made as of March 23, 2015 by and among CAL DIVE INTERNATIONAL, INC., a Delaware corporation, as a debtor-in-possession, (the "Borrower"), the Lenders party hereto, and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Amendment No. 4 to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (June 10th, 2015)

This AMENDMENT NO. 4 TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment") is made as of April 9, 2015 by and among CAL DIVE INTERNATIONAL, INC., a Delaware corporation, as a debtor-in-possession, (the "Borrower"), the Lenders party hereto, and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (May 7th, 2015)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT ("Agreement") is entered into as of January 15, 2015 among

Wet Seal, Inc. (The) – Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (March 18th, 2015)

the Persons (as defined below) named on Schedule 1.01 hereto, as Debtors-in-Possession (collectively, the Borrowers and individually, a Borrower),

Wet Seal, Inc. (The) – SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of January 15, 2015 Among B. RILEY FINANCIAL, INC. As Lender THE WET SEAL, INC. As Lead Borrower for THE WET SEAL, INC. THE WET SEAL RETAIL, INC. WET SEAL CATALOG, INC. As the Borrowers and Debtors-In-Possession the GUARANTORS Party Hereto (January 16th, 2015)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (Agreement) is entered into as of January 15, 2015 among

Orchard Supply Hardware Strs – SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT by and Among ORCHARD SUPPLY HARDWARE LLC, as Borrower, as a Debtor and as Debtor-In- Possession, ORCHARD SUPPLY HARDWARE STORES CORPORATION OSH PROPERTIES LLC, as Loan Guarantors and as Debtors-In-Possession and THE LENDERS AND ISSUING BANKS FROM TIME TO TIME PARTY HERETO WELLS FARGO BANK, NATIONAL ASSOCIATION, as ABL Administrative Agent and Collateral Agent BANK OF AMERICA, N.A., as Syndication Agent WELLS FARGO BANK, NATIONAL ASSOCIATION, as Supplemental Term Agent and WELLS FARGO CAPITAL FINANCE, LLC MERRILL LYNCH, PIERCE (June 20th, 2013)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), is entered into as of June 19, 2013 among ORCHARD SUPPLY HARDWARE LLC, a Delaware limited liability company, as Debtor and Debtor-in-Possession (Borrower), ORCHARD SUPPLY HARDWARE STORES CORPORATION, a Delaware corporation, as Debtor and Debtor-in-Possession (Holdings), OSH PROPERTIES LLC, a Delaware limited liability company, as Debtor and Debtor-in-Possession (OSH Properties), those certain Subsidiaries of the Borrower who subsequently become parties hereto, each as Debtor and Debtor-in-Possession (together with Holdings and OSH Properties, collectively, the Loan Guarantors), the Lenders party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as ABL Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Lenders (in such capacity, the Collateral Agent), BANK OF AMERICA, N.A., a

SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of February 16, 2011 by and Among BORDERS GROUP, INC. And BORDERS, INC., as the Borrowers, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES, GENERAL ELECTRIC CAPITAL CORPORATION, for Itself, as a Revolving Lender, FILO Lender and Swingline Lender and as Working Capital Agent for All Lenders, GA CAPITAL, LLC as Term B Agent for All Term B Lenders and as Sole Lead Arranger and Bookrunner on the Term B Facility and THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders GE CAPITAL MARKETS, INC., As (February 22nd, 2011)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this Agreement) is entered into as of February 16, 2011, by and among (i) BORDERS GROUP, INC. a Michigan corporation, as a debtor-in-possession (BGI), (ii) BORDERS, INC., a Colorado corporation, as a debtor-in-possession (Borders and collectively with BGI, the Borrowers and each individually a Borrower), each other Persons from time to time party hereto as a Credit Party (each as a debtor-in-possession), (iii) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capital), as Working Capital Agent for the Lenders (as defined herein) and for itself as a Revolving Lender (including as Swingline Lender) and as L/C Issuer with respect to the Cash Management Letter of Credit (as defined below), (iv) GA CAPITAL, LLC, a Delaware limited liability company, as Term B

Credit Agreement (February 17th, 2011)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this Agreement) is entered into as of February 16, 2011, by and among (i) BORDERS GROUP, INC. a Michigan corporation, as a debtor-in-possession (BGI), (ii) BORDERS INC., a Colorado corporation, as a debtor-in-possession (Borders and collectively with BGI, the Borrowers and each individually a Borrower), each other Persons from time to time party hereto as a Credit Party (each as a debtor-in-possession), (iii) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capital), as Working Capital Agent for the Lenders (as defined herein) and for itself as a Revolving Lender (including as Swingline Lender) and as L/C Issuer with respect to the Cash Management Letter of Credit (as defined below), (iv) GA CAPITAL, LLC, a Delaware limited liability company, as Term B A

Milacron Inc. – Second Amendment to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (July 31st, 2009)

This SECOND AMENDMENT TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of July 22, 2009 (this Amendment), by and among MILACRON INC., a Delaware corporation (Parent), CIMCOOL INDUSTRIAL PRODUCTS INC., a Delaware corporation (Cimcool), MILACRON MARKETING COMPANY, an Ohio corporation (Marketing), MILACRON PLASTICS TECHNOLOGIES GROUP INC., a Delaware corporation (Plastics), and D-M-E COMPANY, a Delaware corporation (D-M-E Company) (Parent, Cimcool, Marketing, Plastics and D-M-E Company are collectively referred to herein as the Borrowers and individually as a Borrower); the other Credit Parties signatory hereto as Guarantors; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, as administrative agent fo r Lenders (Agent), and the other Lenders (as defined below) signatory hereto from time to time.

Caraustar Industries, Inc. – SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of June 4, 2009 by and Among CARAUSTAR INDUSTRIES, INC. AND CERTAIN OF ITS SUBSIDIARIES, as Borrowers, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, GENERAL ELECTRIC CAPITAL CORPORATION, as Administrative Agent, and GE CAPITAL MARKETS, INC., as Lead Arranger (June 5th, 2009)
Milacron Inc. – First Amendment to Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (May 18th, 2009)

This FIRST AMENDMENT TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of May 12, 2009 (this Amendment), by and among MILACRON INC., a Delaware corporation (Parent), CIMCOOL INDUSTRIAL PRODUCTS INC., a Delaware corporation (Cimcool), MILACRON MARKETING COMPANY, an Ohio corporation (Marketing), MILACRON PLASTICS TECHNOLOGIES GROUP INC., a Delaware corporation (Plastics), and D-M-E COMPANY, a Delaware corporation (D-M-E Company) (Parent, Cimcool, Marketing, Plastics and D-M-E Company are collectively referred to herein as the Borrowers and individually as a Borrower); the other Credit Parties signatory hereto as Guarantors; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, as administrative agent for Lenders (Agent), and the other Lenders (as defined below) signatory hereto from time to time.

First Amendment to Fourth Amended and Restated Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement and Waiver and Consent of Lenders and Agent (April 28th, 2009)

This FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT AND WAIVER AND CONSENT OF LENDERS AND AGENT (this Waiver and Amendment) is dated as of April 23, 2009, and entered into by and among FLEETWOOD ENTERPRISES, INC. as debtor and debtor-in-possession (Fleetwood), FLEETWOOD HOLDINGS INC. (Holdings) as debtor and debtor-in-possession and those Subsidiaries of Fleetwood and Holdings listed on the signature pages hereof as debtors and debtors-in-possession (collectively, Borrowers), the banks and other financial institutions signatory hereto that are parties as Lenders to the Credit Agreement referred to below (the Lenders), and BANK OF AMERICA, N.A., as administrative agent and collateral agent (in such capacity, the Agent) for the Lenders.

Fourth Amended and Restated Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (April 3rd, 2009)

This FOURTH AMENDED AND RESTATED SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of April 1, 2009 (this Agreement), among the financial institutions from time to time parties hereto (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a Lender and collectively as the Lenders); BANK OF AMERICA, N.A., with an office at 55 South Lake Avenue, Suite 900, Pasadena, California 91101, as the administrative agent for the Lenders (in its capacity as administrative agent, the Agent); FLEETWOOD ENTERPRISES, INC., a Delaware corporation (Fleetwood), as debtor and debtor-in-possession, as a Guarantor; FLEETWOOD HOLDINGS INC., a Delaware corporation (Holdings), as debtor and debtor-in-possession; and those Subsidiaries of Holdings and Fleetwood set forth on the signature pages hereto or which become parties hereto hereafter in accordance with the requirements of this Agreement, as debtors a

Milacron Inc. – Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (March 17th, 2009)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this Agreement), dated as of March 11, 2009, by and among MILACRON INC., a Delaware corporation (Parent), CIMCOOL INDUSTRIAL PRODUCTS INC., a Delaware corporation (Cimcool), MILACRON MARKETING COMPANY, an Ohio corporation (Marketing), MILACRON PLASTICS TECHNOLOGIES GROUP INC., a Delaware corporation (Plastics), and D-M-E COMPANY, a Delaware corporation (D-M-E Company) (Parent, Cimcool, Marketing, Plastics and D-M-E Company are collectively referred to herein as the Borrowers and individually as a Borrower); the other Credit Parties signatory hereto as Guarantors; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capit al), for itself, as Lender, and as administrative agent for Lenders (Agent), and the other Lenders signatory hereto from time to time.

Milacron Inc. – Senior Secured, Super-Priority Debtor-In-Possession Credit Agreement (March 11th, 2009)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this Agreement), dated as of March 10, 2009, by and among MILACRON INC., a Delaware corporation (Parent), CIMCOOL INDUSTRIAL PRODUCTS INC., a Delaware corporation (Cimcool), MILACRON MARKETING COMPANY, an Ohio corporation (Marketing), MILACRON PLASTICS TECHNOLOGIES GROUP INC., a Delaware corporation (Plastics), and D-M-E COMPANY, a Delaware corporation (D-M-E Company) (Parent, Cimcool, Marketing, Plastics and D-M-E Company are collectively referred to herein as the Borrowers and individually as a Borrower); the other Credit Parties signatory hereto as Guarantors; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capit al), for itself, as Lender, and as administrative agent for Lenders (Agent), and the other Lenders signatory hereto from time to time.

SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of September 21, 2006 Among THE ROWE COMPANIES, ROWE FURNITURE, INC., and STOREHOUSE, INC., as Borrowers, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, and GENERAL ELECTRIC CAPITAL CORPORATION, as Agent and Lender (October 20th, 2006)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, this Agreement), dated as of September 21, 2006, among THE ROWE COMPANIES, a Nevada corporation (Rowe Companies), Rowe Furniture, Inc., a Virginia corporation (Rowe Furniture) and Storehouse, Inc., a Georgia corporation (Storehouse), each as a debtor in possession (Rowe Companies, Rowe Furniture and Storehouse are sometimes collectively referred to herein as the Borrowers and individually as a Borrower); the other Credit Parties signatory hereto; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capital), for itself, as Lender, and as Agent for Lenders; and the other Lenders signatory hereto from time to time.

Applied Extrusion Tech – SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of December 2, 2004 Among APPLIED EXTRUSION TECHNOLOGIES, INC. (December 7th, 2004)

This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this Agreement), dated as of December 2, 2004 among APPLIED EXTRUSION TECHNOLOGIES, INC., a Delaware corporation and a debtor and debtor-in-possession (the Borrower); the other Credit Parties signatory hereto; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, GE Capital), for itself, as Lender, and as Agent for Lenders, the other Lenders signatory hereto from time to time and GECC CAPITAL MARKETS GROUP, INC., as Lead Arranger (GECMG).