LOAN AGREEMENT DATED AS OF AUGUST 24, 2006 AMONG JARDEN RECEIVABLES, LLC, AS BORROWER, JARDEN CORPORATION, AS INITIAL SERVICER, THREE PILLARS FUNDING LLC, AS LENDER, AND SUNTRUST CAPITAL MARKETS, INC., AS ADMINISTRATORLoan Agreement • August 30th, 2006 • Jarden Corp • Wholesale-miscellaneous nondurable goods
NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained, the parties hereto agree as follows:
RECEIVABLES CONTRIBUTION AND SALE AGREEMENT DATED AS OF AUGUST 24, 2006 AMONG THE COLEMAN COMPANY, INC. AND SUNBEAM PRODUCTS, INC. AS ORIGINATORS, AND JARDEN RECEIVABLES, LLC, AS BUYERReceivables Contribution and Sale Agreement • August 30th, 2006 • Jarden Corp • Wholesale-miscellaneous nondurable goods
Unless defined elsewhere herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in Exhibit I hereto (or, if not defined in Exhibit I hereto, the meanings assigned to such terms in the Loan Agreement).
PERFORMANCE UNDERTAKINGPerformance Undertaking • August 30th, 2006 • Jarden Corp • Wholesale-miscellaneous nondurable goods • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of August 24, 2006, is executed by Jarden Corporation, Delaware corporation (“Jarden” or the “Performance Guarantor”), in favor of Jarden Receivables, LLC, a Delaware limited liability company (together with its successors and assigns, “Beneficiary”).
