SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and Wausau (as defined).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the Hartford Parties (as defined).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the Navigators Management Company Participating Parties (as defined).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and Mutual Marine (as defined).
SETTLEMENT AND POLICY BUYBACK AGREEMENT AND RELEASE BETWEEN CONGOLEUM CORPORATION AND SEATON INSURANCE COMPANYSettlement and Policy Buyback Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec • New Jersey
This Settlement and Policy Buyback Agreement and Release (“Agreement”) is hereby made as of January 29, 2010, by and between CONGOLEUM CORPORATION (“Congoleum”), a debtor-in-possession under Chapter 11 of the U.S. Bankruptcy Code, and SEATON INSURANCE COMPANY, in its own right and as the successor in interest to Unigard Mutual Insurance Company (“Seaton”).
AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE BY, BETWEEN AND AMONG CONGOLEUM CORPORATION AND FEDERAL INSURANCE COMPANYSettlement Agreement and Release • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Amendment to Settlement Agreement and Release (“Amendment”), dated as of October 4, 2006, is made by, between and among (a) each of the following (each, a “Debtor” and collectively, the “Debtors”): Congoleum (together with its affiliates, predecessors, successors and assigns, collectively, “Congoleum”), Congoleum Sales, Inc., and Congoleum Fiscal, Inc., as debtors and debtors-in-possession, and their affiliates, predecessors, successors and assigns, (b) Federal Insurance Company and its parents, affiliates, predecessors, successors and assigns (collectively, “Federal”); and (c) upon its creation, the Plan Trust. The Debtors, Federal and the Plan Trust, upon its creation, are each referred to herein in their individual capacity as an “Party” and collectively as the “Parties.”
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the TIG Parties (as defined).
AMENDMENT NO. 13 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 15 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
AMENDMENT NO. 13 TO RATIFICATION AND AMENDMENT AGREEMENT AND AMENDMENT NO. 15 TO LOAN AND SECURITY AGREEMENT, dated as of December 7, 2009 (this “Thirteenth Ratification Amendment”), by and among CONGOLEUM CORPORATION, a Delaware corporation, as debtor and debtor-in-possession (“Borrower”), CONGOLEUM FISCAL, INC., a New York corporation, as debtor and debtor-in-possession (“CFI”), CONGOLEUM SALES, INC., a New York corporation, as debtor and debtor-in-possession (“CSI” and together with CFI, collectively, “Guarantors” and each individually, a “Guarantor”), and WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation (“Lender”).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the CNA Parties (as defined).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the New Jersey Property-Liability Insurance Guaranty Association and New Jersey Surplus Lines Insurance Guaranty Fund (collectively referred to as the “NJ Guaranty Parties”).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and American Centennial (as defined).
January 28, 2010American Biltrite Inc • March 31st, 2010 • Plastics products, nec
Mr. Howard N. Feist III Mr. Richard G. Marcus Congoleum Corporation American Biltrite Inc. 57 River Street 57 River Street Wellesley Hills, MA 02481-2097 Wellesley Hills, MA 02481 Fax: (781) 237-6880 Fax: (781) 237-6880
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and Old Republic (as defined).
FIRST AMENDMENT TO LITIGATION SETTLEMENT AGREEMENTLitigation Settlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This FIRST AMENDMENT (the “First Amendment”) to the LITIGATION SETTLEMENT AGREEMENT dated as of October 22, 2009, by and between Congoleum Corporation, Congoleum Sales, Inc., and Congoleum Fiscal, Inc. (collectively, the “Debtors”); (ii) the Official Committee of Bondholders of Congoleum Corporation, et al. (the “Bondholders’ Committee”); (iii) Claimants’ Counsel Joseph Rice (“Rice”); (iv) Claimants’ Counsel Perry Weitz (“Weitz”); (v) Arthur J. Pergament as Collateral Trustee (the “Collateral Trustee”); (vi) R. Scott Williams as Futures Representative (the “FCR”); (vii) the Official Claimants Committee (the “ACC”); and (viii) certain undersigned holders of pre-petition settlements with respect to asbestos claims against the Debtors, whether pursuant to individual settlements or the Claimant Agreement, by and through their respective counsel or representatives (the “Settling Claimants,” and together with the Debtors, the Bondholders’ Committee, Rice, Weitz, the Collateral Trustee, the F
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and Munich Re (as defined).
SETTLEMENT AGREEMENTSettlement Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec • London
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the London Market Companies (as defined).
AMENDMENT TO BUSINESS RELATIONS AGREEMENTBusiness Relations Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
THIS AMENDMENT TO BUSINESS RELATIONS AGREEMENT, dated as of February 9, 2010 by and between American Biltrite Inc., a Delaware corporation (“ABI”) and Congoleum Corporation, a Delaware corporation (“Congoleum”);
EIGHTH AMENDMENT TO PERSONAL SERVICES AGREEMENTPersonal Services Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec
THIS EIGHTH AMENDMENT TO PERSONAL SERVICES AGREEMENT, dated as of February 9, 2010 by and between American Biltrite Inc., a Delaware corporation (“ABI”) and Congoleum Corporation, a Delaware corporation (“Congoleum”);
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 31st, 2010 • American Biltrite Inc • Plastics products, nec • New York
Wachovia Bank, National Association, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”) and the parties to the Loan Agreement as lenders (individually, each a “Lender” and, collectively, “Lenders”) and American Biltrite Inc., a Delaware corporation (“ABI”), Ideal Tape Co., Inc., a Delaware corporation (“Ideal Tape”), K&M Associates L.P., a Rhode Island limited partnership (“K&M”; together with ABI and Ideal Tape, the “US Borrowers”), American Biltrite (Canada) Ltd., a Canadian corporation (“Canadian Borrower”; together with US Borrowers, the “Borrowers”), 425 Dexter Associates, L.P., a Rhode Island limited partnership (“Dexter”), Ocean State Jewelry, Inc., a Rhode Island corporation (“Ocean State”), Majestic Jewelry, Inc., a Delaware corporation (“Majestic”), American Biltrite Far East, Inc., a Delaware corporation (“Far East”; together with Dexter, Ocean State and Majes
