THIS INSTRUMENT AND THE RIGHTS AND
OBLIGATIONS EVIDENCED HEREBY ARE
SUBORDINATE IN THE MANNER AND TO THE
EXTENT SET FORTH IN THAT CERTAIN
SUBORDINATION AND 1NTERCREDITOR
AGREEMENT (THE "SUBORDINATION
AGREEMENT") DATED AS OF AUGUST 31, 2005
AMONG KEYSTONE CONSOLIDATED INDUSTRIES,
INC. AND FV STEEL AND WIRE COMPANY
(COLLECTIVELY, THE "COMPANY") AND
WACHOVIA CAPITAL FINANCE CORPORATION
(CENTRAL) ("AGENT"), TO THE INDEBTEDNESS
(INCLUDING INTEREST) OWED BY THE COMPANY
PURSUANT TO THAT CERTAIN LOAN AND
SECURITY AGREEMENT DATED AS OF AUGUST
31, 2005 AMONG THE COMPANY, AGENT AND
THE LENDERS FROM TIME TO TIME PARTY
THERETO, AS SUCH LOAN AND SECURITY
AGREEMENT HAS BEEN AND HEREAFTER MAY BE
AMENDED, SUPPLEMENTED OR OTHERWISE
MODIFIED FROM TIME TO TIME AND TO
INDEBTEDNESS REFINANCING THE
INDEBTEDNESS UNDER THAT AGREEMENT AS
CONTEMPLATED BY THE SUBORDINATION
AGREEMENT; AND EACH HOLDER OF THIS
INSTRUMENT, BUT ITS ACCEPTANCE HEREOF,
IRREVOCABLY AGREES TO BE BOUND BY THE
PROVISIONS OF THE SUBORDINATION
AGREEMENT.
THIS PROMISSORY NOTE HAS NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF
1933, AS AMENDED (THE "ACT"), AND MAY
NOT BE SOLD, TRANSFERRED, OTHERWISE
DISPOSED OF OR OFFERED FOR SALE IN THE
ABSENCE OF AN EFFECTIVE REGISTRATION
STATEMENT UNDER THE ACT AND ANY
APPLICABLE STATE, FOREIGN OR OTHER
SECURITIES LAW OR RECEIPT BY THE COMPANY
OF AN OPINION OF COUNSEL OR OTHER
EVIDENCE THAT REGISTRATION IS NOT
REQUIRED AND EXCEPT IN COMPLIANCE WITH
SECTION 9 HEREOF.
FV STEEL AND WIRE COMPANY
KEYSTONE CONSOLIDATED INDUSTRIES, INC.
PROMISSORY NOTE
August 31, 2005 $4,800,000.00
The undersigned, FV STEEL AND WIRE COMPANY, a Wisconsin corporation
("FVSW"), and KEYSTONE CONSOLIDATED INDUSTRIES, INC., a Delaware corporation
("KCI" and, together with FVSW, collectively, the "Reorganized Debtors", and
each individually, a "Reorganized Debtor"), hereby promise, jointly and
severally, to pay to Xxxx X. Xxxxxxx, Esq., President of Novare, Inc. (the
"Trustee"), in his capacity as trustee for the Holders of the Class A6 Claims
(as such terms are defined in the Plan), or their registered assigns, the
principal amount of FOUR MILLION EIGHT HUNDRED THOUSANDDOLLARS AND NO/100ths
($4,800,000.00), together with interest thereon calculated in accordance with
the provisions of this Promissory Note (the "Note").
1. Definitions. In addition to the terms defined elsewhere in this Note,
the following terms shall have the respective meanings assigned thereto (such
meanings to be equally applicable to both the singular and the plural forms of
the terms defined).
"Amortizing Period" means the period commencing with the quarter beginning
on October 1, 2006 and continuing until the Indebtedness has been paid in full.
"Bankruptcy Code" means the Federal Bankruptcy Reform Act of 1978 (11
U.S.C. ss. 101, et seq.), as amended and in effect from time to time, and the
Bankruptcy Rules adopted with respect thereto and in effect from time to time.
"Change of Control" means (i) the acquisition or attachment by any means by
any Person, or two or more Persons acting in concert (other than Persons having
such ownership or control as of the date of this Agreement), of record ownership
of, or the right to vote, or the power to direct the vote of 50% or more of the
voting power of the outstanding shares of capital stock of KCI, or (ii) the
merger or consolidation of KCI if, as a result thereof, a change in ownership or
control of KCI as described in clause (i) above occurs, or (iii) any one or more
sales or conveyances to any Person of all or substantially all of the assets of
KCI.
"Costs of Collection" means any and all costs actually incurred by the
Trustee in connection with the enforcement and collection of this Note and any
of the Indebtedness and Obligations evidenced by this Note, including, without
limitation, the reasonable attorneys' fees and expenses.
"Effective Date" has the meaning assigned thereto in the Plan.
"Event of Default" means and includes either a Payment Default or a
Non-Payment Default as described in Section 8 hereof.
"Indebtedness" means any and all indebtedness and monetary obligations of
the Reorganized Debtors arising under or pursuant to this Note, including,
without limitation, interest and Costs of Collection as provided for herein.
"Initial Period" means the period commencing on the Effective Date and
ending on September 30, 2006.
"Insolvency Proceeding" means, with respect to any Person, (a) any case,
action or proceeding concerning such Person before any court or other
governmental authority relating to the bankruptcy, reorganization, insolvency,
liquidation, receivership, dissolution, winding-up or relief of the Reorganized
Debtors, or (b) any general assignment by any of the Reorganized Debtors for the
benefit of creditors, or composition, marshalling of assets for creditors, or
other, similar arrangement in respect of a Reorganized Debtor's creditors
generally or any substantial portion of its creditors, whether pursuant to
federal, state or foreign law, including, without limitation, the Bankruptcy
Code.
"Lock-Up Agreement" means that certain Lock-Up Agreement dated March 21,
2005 by and among the Reorganized Debtors, DeSoto Environmental Management,
Inc., a Delaware corporation, X.X. Xxxxxxxx Company, a New Jersey corporation,
Xxxxxxx Wire Company (f/k/a DeSoto, Inc.), a Delaware corporation, and Xxxxxxx
Wire of Xxxxxxxx, Inc., a Nevada corporation (collectively, the "Debtors," and
each, individually, a "Debtor"), Contran Corporation, a Delaware corporation,
the "authorized representatives," as such term is defined in ss. 1114(b)(1) of
the Bankruptcy Code, for the Affected Retirees (as defined in the Plan), the
Independent Steel Workers Alliance, the Official Committee of Unsecured
Creditors of the Debtors, and Ameren Cilco, the Bank of New York, not
individually but as indenture trustee (which subsequently voluntarily withdrew
on June 24, 2005 pursuant to Section 25 of the LockUp Agreement), Midwest Mill
Service and Peoria Disposal Company, each of whom, in a direct or representative
capacity holds or controls a claim classified as a General Unsecured Claim in
Class A6 under the Plan and is a member of the OCUC.
"Non-Default Rate" means the rate of interest specified in Section 2(a) or
Section 2(b), as applicable.
"Non-Payment Default" has the meaning set forth in Section 8 hereof.
"Obligations" means any and all of each Reorganized Debtor's non-monetary
obligations of every kind, nature and description, direct or indirect, joint or
several, absolute or contingent, due or to become due, now existing or hereafter
arising under this Note or the Pledge Agreement.
"Official Committee of Unsecured Creditors" or "OCUC" means the official
statutory committee of unsecured creditors appointed by the United States
Trustee in the Chapter 11 Cases on March 5, 2004, as thereafter reconstituted by
the United States Trustee.
"Other Secured Debt" means the Senior Bank Debt, and any other debt
approved by the New Board (as defined in the Lock-Up Agreement) after the
Effective Date and secured by valid and duly perfected liens duly and
voluntarily granted by either of the Reorganized Debtors.
"Payment Default" has the meaning set forth in Section 8 hereof.
"Person" means an individual, a partnership, a corporation, a limited
liability company, an association, a joint stock company, a trust, a joint
venture, an unincorporated organization and a governmental entity or any
department, agency or political subdivision thereof.
"Plan" means that Third Amended Joint Plan of Reorganization of the
Reorganized Debtors, DeSoto Environmental Management, Inc., a Delaware
corporation, X.X. Xxxxxxxx Company, a New Jersey corporation, Xxxxxxx Wire
Company (f/k/a DeSoto, Inc.), a Delaware corporation and Xxxxxxx Wire of
Xxxxxxxx, Inc., a Nevada corporation (the "Debtors"), as confirmed in the
Chapter 11 cases of the Debtors (the "Chapter 1 I Cases"), Case Nos. 04-22421,
et seq., pending in the United State Bankruptcy Court for the Eastern District
of Wisconsin (the "Court").
"Pledge Agreement" means that certain Securities Pledge Agreement of even
date herewith entered into by the Reorganized Debtors in favor of the Trustee,
as modified, amended, and/or restated from time to time.
"Securities Act" means the Securities Act of 1933, as amended.
"Senior Bank Debt" means the Exit Financing (as defined in the Plan) and
any refinancing thereof entered into as contemplated in the Lock-Up Agreement.
"Senior Credit Agreement" means the Loan and Security Agreement dated
August 31, 2005 among the Reorganized Debtors, Wachovia Capital Finance
Corporation (Central), an Illinois corporation, as Agent, and the lenders party
thereto, a copy of which is attached hereto as Schedule B.
"Triggering Default" has the meaning set forth in Section 9 hereof.
2. Interest.
(a) Initial Period Interest. During the Initial Period, interest on the
outstanding principal of this Note shall accrue at the rate of twelve percent
(12%) per annum (computed on the basis of a 360-day year and the actual number
of days elapsed in any year) and shall compound on the first business day of
each July, October, January and April during such period.
(b) Amortizing Period Interest. During the Amortizing Period, cash pay
interest on the outstanding principal of this Note shall accrue at the rate of
eight percent (8%) per annum (computed on the basis of a 360-day year and the
actual number of days elapsed in any year) and shall be payable quarterly in
arrears on the first business day of each July, October, January and April,
together with principal payments in accordance with Section 3(a) below, until
all Indebtedness hereunder shall have been paid in full in cash.
(c) Default Interest. Upon the occurrence and during the continuation of a
NonPayment Default, interest on the outstanding principal of this Note shall
accrue at a Default Rate equal to the applicable Non-Default Rate, plus four
percent (4%) per annum. Upon the occurrence and during the continuation of a
Payment Default, interest on the outstanding principal of this Note shall accrue
at a Default Rate equal to the applicable Non-Default Rate, plus eight percent
(8%) per annum. Interest that accrues at a rate in excess of the Non-Default
Rate shall be prorated over, and added to, the then remaining installments of
principal payable under Section 3(a) below. Interest calculated at the
applicable Default Rate shall accrue from the occurrence and during the
continuation of an Event of Default until such Event of Default has been cured
or waived by the Trustee, whereupon interest shall thereafter accrue at the
NonDefault Rate.
3. Payments and Prepayments.
(a) Scheduled Payments. The Reorganized Debtors shall pay to the holder of
this Note (i) an initial principal payment of $1,542,235.11 on January 1, 2007
and (ii) ten equal quarterly payments in the amount of $391,603.24 each, payable
on the first day of each April, July, October and January commencing on April 1,
2007, with the tenth and final payment including all amounts outstanding
thereunder.
(b) Prepayments. The Reorganized Debtors may, at any time and from time to
time without premium or penalty, prepay all or a portion of the outstanding
principal amount of this Note. All such prepayments shall be applied to the
remaining scheduled installments of principal in the inverse order of their
respective due dates. The Reorganized Debtors shall send written notice of their
election to make a prepayment on this Note to the Trustee by registered or
certified mail, return receipt requested, at least five days prior to the date
of prepayment.
4. Place of Payment. All payments hereunder shall be made in United States
dollars without setoff or counterclaim and shall be made in the manner and at
the time and place designated in writing by the Trustee.
5. Security. The Indebtedness and Obligations shall be secured by a lien on
all of the equity interests in Engineered Wire Products, Inc., and the proceeds
thereof as set forth in the Pledge Agreement.
6. Representations and Warranties. Each reorganized Debtor hereby
represents and warrants to the Trustee as follows:
(a) Corporate Existence and Power. Each Reorganized Debtor (i) is duly
organized, validly existing and in good standing under the laws of the
jurisdiction of its incorporation, (ii) has the requisite right and authority
and all governmental licenses, authorizations, consents and approvals to own its
assets, carry on its business as currently being conducted and to execute,
deliver, and perform its obligations (if any) under this Note and the Pledge
Agreement, and (iii) is duly qualified as a foreign corporation and is licensed
and in good standing under the laws of each jurisdiction where its ownership,
lease or operation of property or the conduct of its business requires such
qualification or license except where the failure to so qualify or be licensed
could not reasonably be expected to have a material adverse effect on the
financial condition or operations of the Reorganized Debtors, taken as a whole.
(b) Corporate Authorization; No Contravention. The execution, delivery and
performance by each Reorganized Debtor of this Note and the Pledge Agreement and
the consummation of the transactions contemplated hereby and thereby have been
duly authorized by Plan and the order of the Court confirming the Plan, and do
not and will not (i) contravene the terms of any of the certificate or articles
of incorporation or by-laws of such Reorganized Debtor, (ii) subject to the
provisions of the Plan, conflict with or result in any breach or contravention
of or give any third party the right to modify, terminate, accelerate or have
repaid or otherwise purchased any obligation under, or the creation of any lien
under, any document evidencing any material contractual obligation to which the
Reorganized Debtor is a party or any order, injunction, writ or decree of any
governmental authority to which any such Person or its property is subject, or
(iii) violate any material requirement of law.
(c) Governmental Authorization; Consents. No consent or authorization of,
filing with, notice to or other act by or in respect of, any governmental
authority or any other Person is required to be obtained for (i) the execution,
delivery or performance of this Note and the Pledge Agreement by such
Reorganized Debtor, (ii) the grant by such Reorganized Debtor of the security
interest granted pursuant to the Pledge Agreement, or (iii) the exercise by the
Trustee of its rights and remedies hereunder and under the Pledge Agreement.
(d) Binding Obligation. This Note is the legally valid and binding
obligation of each Reorganized Debtor, enforceable against each Reorganized
Debtor in accordance with its terms.
7. Covenants. Each Reorganized Debtor covenants and agrees with the Trustee
that, from and after the date of this Note until the Indebtedness shall have
been paid-in-full in cash, it will comply with the covenants contained in
Section 9 (other than 9.2 and 9.22) of the Senior Credit Agreement as if such
covenants and the relevant definitions were contained herein. All references to
"Agent" and "Lenders" contained therein will be deemed to be references to the
Trustee. No amendment, waiver or modification of Section 9 of the Senior Credit
Agreement will operate as amendment, waiver or modification of Section 9 as
incorporated herein unless such amendment, waiver or modification imposes
greater restrictions on the Reorganized Debtors in which case any such
amendment, waiver or modification will be automatically incorporated into
Section 9 as incorporated herein. The Reorganized Debtors will give prompt
notice to the Trustee of any amendment, modification, waiver or refinancing of
the Senior Credit Agreement.
8. Events of Default.
(a) Payment Default. The failure to pay within five (5) days following the
applicable due date thereof, the full amount of any installment of principal or
interest hereunder or any other Indebtedness arising under or pursuant to this
Note shall constitute a Payment Default.
(b) Non-Payment Defaults. Each of the following shall constitute a
Non-Payment Default:
(i) The sale of all or substantially all of the equity interests or assets
of Engineered Wire Products, Inc. ("EWP") by KCI;
(ii) The sale of all or substantially all of the equity interests or assets
of KCI;
(iii) The commencement of Insolvency Proceedings by or against KCI or EWP;
(iv) The failure of any Reorganized Debtor to perform or observe any of the
Obligations specified in this Note or the Pledge Agreement;
(v) Any representation or warranty by a Reorganized Debtor made or deemed
made herein or in the Pledge Agreement shall be false or misleading on the date
made or deemed made;
(vi) A default by any Reorganized Debtor or affiliated obligor under or in
respect of the Senior Bank Debt or the Old Secured Notes (as defined in the
Plan);
(vii) Any Reorganized Debtor shall become the subject of any voluntary or
involuntary Insolvency Proceeding or shall admit in writing its inability to pay
its debts generally as they become due;
(viii) A judgment in excess of $1,000,000.00 shall be rendered against any
Reorganized Debtor and becomes final and non-appealable;
(ix) A Change of Control shall occur with respect to any Reorganized
Debtor; or
(x) The Pledge Agreement or the lien and security interest created thereby
shall cease to be, or shall be claimed by a Reorganized Debtor not to be, in
force and effect in accordance with its terms.
An Event of Default, including an Event of Default resulting from a default
under or in respect of the Senior Bank Debt or the Old Secured Notes that is
waived by the holder or holders thereof, shall be deemed to continue in effect
unless and until cured or waived by the Trustee.
9. Remedies on Default. Upon the (i) the sale of all or substantially all
of the equity interests or assets of Engineered Wire Products, Inc. ("EWP") by
KCI, (ii) the sale of all or substantially all of the equity interests or assets
of KCI, (iii) the commencement of Insolvency Proceedings by or against KCI or
EWP, or (iv) the failure of the Reorganized Debtors to pay all outstanding
Indebtedness upon the maturity of this Note (each a "Triggering Default"), the
holder of this Note may exercise any rights or remedies available under
applicable law, including and without limitation, part 6 of Article 9 of the
Uniform Commercial Code as in effect in the State of Illinois at the time of the
occurrence of the Triggering Default. In addition, the holder of this Note may
accelerate the Indebtedness in the event of acceleration of the Senior Bank
Debt. Upon the occurrence of any Event of Default other than a Triggering
Default or the acceleration of the Senior Bank Debt, the sole remedy shall be
the accrual or payment of interest at the Default Rate of interest in accordance
with Section 2(c).
9. Transfers. KCI, on behalf of the Reorganized Debtors, shall maintain a
register for recording the ownership and any transfer of this Note. Upon
surrender of this Note for registration of transfer or for exchange to KCI at
its principal office, the Reorganized Debtors at their sole expense shall
execute and deliver in exchange therefor a new note or notes, as the case may
be, as requested by the holder or transferee, which aggregate the unpaid
principal amount of such surrendered Note, registered as such holder or
transferee may request, dated so that there will be no loss of interest on such
surrendered Note and otherwise of like tenor. The issuance of one or more new
notes shall be made without charge to the holder of the surrendered Note for any
issuance tax in respect thereof or other cost incurred by the Reorganized
Debtors in connection with such issuance; provided that the holder of this Note
shall pay any transfer taxes associated therewith. Each Reorganized Debtor shall
be entitled to regard the registered holder of this Note as the owner and holder
hereof for all purposes until KCI is required to record a transfer of this Note
on its register. No Reorganized Debtor may transfer or assign any of the
Indebtedness or Obligations arising under or pursuant to this Note or the Pledge
Agreement without the prior written consent of the Trustee.
Notwithstanding anything contained in this Note to the contrary, this Note
is transferable only (i) pursuant to a registration statement filed pursuant to
the Securities Act, (ii) in compliance with Rule 144A of the Securities and
Exchange Commission (or any similar rule or rules then in force), to the extent
applicable, or (iii) in conformity with other applicable securities laws and
rules promulgated thereunder. In connection with the transfer of this Note
(other than a transfer described in clauses (i) or (ii) above), the holder of
this Note shall deliver to the Reorganized Debtors either (A) an opinion of
counsel or (B) evidence satisfactory to the Reorganized Debtors in their sole
discretion, in either case, to the effect that such transfer of this Note may be
effected without registration of this Note under the Securities Act.
10. Amendment and Waiver. Except as otherwise expressly provided herein,
the provisions of this Note may be amended or waived and the Reorganized Debtors
may take any action herein prohibited, or omit to perform any act herein
required to be performed by them, only pursuant to the written consent of the
Trustee.
11. Remedies Not Exclusive, Etc. The Trustee shall have all rights and
remedies provided in this Note and the Pledge Agreement and, to the extent not
inconsistent with the terms of this Note and the Pledge Agreement, available
under any applicable law or in equity. No such remedy is intended to be
exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
thereunder or now or hereafter existing at law or in equity or by ? or
otherwise. Any Person having any rights under any provision of this Note shall,
except an expressly limited by this Note, be entitled to enforce such rights
specifically (without posting a bond or other security), to recover damages by
reason of any breach of any provision of this Note, and to exercise all other
rights granted by law.
12. Costs of Collection. The Reorganized Debtors agree to pay all Costs of
Collection actually incurred by the Trustee in connection with the enforcement
or collection of this Note. Any such Costs of Collection shall be immediately
due and payable on demand and shall, to the extent not paid on demand, shall be
added to the Indebtedness evidenced by this Note.
13. Certain Waivers. Each Reorganized Debtor hereby waives diligence,
presentment, demand, protest and notice of protest and demand, dishonor and
nonpayment of this Note, and expressly agrees that this Note, or any payment
hereunder, may be extended from time to time and that the Trustee may accept
security for this Note or release security for this Note, all without in any way
affecting the liability of such Reorganized Debtor hereunder.
14. Cancellation. After all of the Indebtedness has been indefeasibly paid
in full in cash, this Note shall be promptly surrendered to the Reorganized
Debtors for cancellation and shall not be reissued.
15. Business Days. If any payment hereunder shall become due, or any time
period for giving notice or taking action hereunder shall expire, on a day that
is a Saturday, Sunday or legal holiday in the State of Illinois, such payment
shall be due and payable on, and such time period shall automatically be
extended to, the next business day immediately following such Saturday, Sunday
or legal holiday, and interest shall continue to accrue at the applicable rate
hereunder until such payment is made.
16. Notices. All notices, demands or other communications to be given or
delivered under or by reason of the provisions of this Note or the Pledge
Agreement shall be in writing and shall be deemed to have been given when
delivered personally to the recipient, sent to the recipient by reputable
overnight courier service (charges prepaid), transmitted by facsimile (receipt
confirmed) or three days after mailed to the recipient by certified or
registered mail, return receipt requested and postage prepaid. Such notices,
demands and other communications shall be sent to the Reorganized Debtors and
the Trustee at their respective addresses indicated on Schedule A attached
hereto or to such other address or to the attention of such other Person as the
recipient party has specified by prior written notice to the sending party.
17. Severability. Wherever possible, each provision of this Note shall be
interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Note shall be prohibited by or invalid under such
law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Note.
18. Survival. All covenants, representations warranties contained or
referred to herein shall survive the execution and delivery of our Note and the
consummation of the transactions contemplated hereby, regardless of any
investigation made by the Trustee or on its behalf, until this Note is
indefeasibly paid in-full in cash.
19. Captions. The captions and headings of this Note are for convenience of
reference only and shall not affect the interpretation of this Note.
20. Governing Law. This Note shall be governed by and construed in
accordance with the internal laws of the State of Illinois without regard to the
conflicts of law provisions thereof.
21. WAIVER OF JURY TRIAL. EACH REORGANIZED DEBTOR WAIVES ANY RIGHT TO A
TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER
OR IN CONNECTION WITH THIS NOTE OR THE PLEDGE AGREEMENT OR ANY AMENDMENT,
INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE
DELIVERED IN CONNECTION HEREWITH OR THEREWITH.
22. Revival and Reinstatement of Obligations. The obligations of each
Reorganized Debtor hereunder are absolute. If the incurrence or payment of the
Indebtedness by or for the account of the Reorganized Debtors or the transfer to
the Trustee of any payment or property should for any reason subsequently be
declared to be void or voidable under any state or federal law relating to
creditors' rights, including provisions of the Bankruptcy Code relating to
fraudulent transfers, preferences, or other voidable or recoverable payments of
money or transfers of property (collectively, a "Voidable Transfer"), and if the
Trustee is required to repay or restore, in whole or in part, any such Voidable
Transfer, or elects to do so upon the advice of its counsel, then, as to any
such Voidable Transfer, or the amount thereof that the Trustee is required or
elects to repay or restore, and as to all reasonable costs and expenses
(including reasonable attorneys' fees) incurred by the Trustee in connection
therewith, the Indebtedness shall automatically be revived, reinstated, and
restored to the extent of such Voidable Transfer and shall exist as though such
Voidable Transfer had never been made. [signature page follows]
IN WITNESS WHEREOF, each Reorganized Debtor has executed and delivered this
Note on the date first written above.
FV STEEL AND WIRE COMPANY
By:/s/Xxxx X. Xxxxxxx, Xx.
Xxxx X. Xxxxxxx, Xx.
Its:
Vice President
KEYSTONE CONSOLIDATED INDUSTRIES, INC.
By: /s/Xxxx X. Xxxxxxx, Xx.
Xxxx X. Xxxxxxx, Xx.
Its:
Vice President
Schedule A
NOTICES
if to the Reorganized Debtors:
Keystone Consolidated Industries, Inc.
0000 XX Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
Attn: Xxxxx X. Xxxxx
Keystone Consolidated Industries, Inc.
0000 XXX Xxxxxxx, Xxx. 0000
Xxxxx Xxxxxxx Xxxxxx
Xxxxxx, Xxxxx 00000-0000
Attn: Xxxx X. Xxxxxxx, Xx.
with a copy to:
Xxxxxxxx & Xxxxx LLP
000 Xxxx Xxxxxxxx Xx.
Xxxxxxx, Xxxxxxxx 00000
Attn:Xxxxx X. Xxxxx
Xxxx X. Xxxxx
if to the Trustee:
Xxxx X. Xxxxxxx, Esq.
President
Novare, Inc.
000 Xxxxx Xxxx Xxxxxx,
Xxxxx 000
Xxxxxxx Xxxx, Xxxxxxxx 00000
Facsimile: 000-000-0000
with a copy to:
Jenner & Block LLP
Xxx XXX Xxxxx
Xxxxxxx, Xxxxxxxx 00000
Attention: Xxxx Xxxxxx
Facsimile: 000-000-0000
Schedule B
Attached
